State should provide adequate financial assistance to Gaushalas; Its executive function to maintain them: Telangana High Court
The PIL was filed having regard to the distress conditions of the cows housed in the goshalas due to COVID-19 pandemic.
While disposing of a Public Interest Litigation (PIL) recently, though the Telangana High Court refused to direct State Government to provide a certain amount of financial assistance to the goshalas, held that it is primarily the executive function of the State to look after and maintain goshalas, therefore, it should provide adequate funds to them.
The bench of Chief Justice Ujjal Bhuyan and Justice CV Bhaskar Reddy observed that instead of leaving it to the State Animal Welfare Board to earn the funds for itself, the State should provide adequate financial assistance to the Board so that it can maintain, manage and look after the goshalas functioning in the State.
Court expressed its 'hope and trust' that the State will do the needful in this regard.
The PIL was filed by Bharatiya Prani Mitra Sangh seeking a direction to the state government to make provision for green grass, feed, and fodder besides medicines for the cows and other animals housed in the state goshalas.
The plea also sought direction to the state authorities to allocate adequate funds for the goshalas according to the number of animals housed therein.
The PIL was filed when the COVID-19 pandemic was in full force having regard to the distress conditions of the cows housed in the goshalas.
In his reply to the petition, Secretary to the Government of Telangana, Animal Husbandry, Dairy Development and Fisheries Department had stated that a goshala is normally established by any person or by a trust or by a board or by a temple or by a society as a non-profitable organization and these are maintained by funds generated through donations.
As per the affidavit filed, there are about 136 goshalas in the State of Telangana housing 38,229 cattle.
The Secretary had however submitted that State of Telangana is planning to regulate goshalas by registering them at state level.
Further during the course of the hearing, the court was apprised that for the financial year 2021-2022, the annual budget of the animal husbandry department was Rs.174.85 crores and a major portion of the budget was earmarked for milk producers, out of which a substantial portion was earmarked for providing veterinary services to the cattle breeders including goshalas.
Court was also assured that nonetheless the state government will consider the request of the goshalas and support them in every possible manner.
While taking note of the submissions made, the court observed that it is a constitutional mandate of every State to take steps for preserving and improving the breeds of cattle and for prohibiting the slaughter of cows and calves.
Court referred to Section 17 of the Telangana Prohibition of Cow Slaughter and Animal Preservation Act, 1977 and stated that as per sub-section (1), duty is cast upon the Government to establish or to direct any local authority or society registered under the law to establish institutions at such places as may be deemed necessary for taking care of cows or other animals sent thereto.
Therefore, court asked the state government to do the needful in providing financial help to the gaushalas.
Case Title: Bharatiya Prani Mitra Sangh vs The State Of Telangana And Another