The Delhi High Court has recently rejected a plea to mandate the central government to impose a complete ban on the slaughter of cows and their progeny. The court’s decision was based on the premise that such matters should be left to the discretion of the competent legislature.
The case, presided over by Chief Justice Satish Chandra Sharma and Justice Sanjeev Narula, came in response to a Public Interest Litigation (PIL) filed by Brishbhan Verma. The petitioner sought a comprehensive prohibition on cow slaughter, which would encompass not only cows but also old and useless bulls, bullocks, old buffaloes, and male counterparts.
However, the court observed that in Delhi, the prohibition on cow slaughter is already in effect through the Delhi Agricultural Cattle Preservation Act of 1994. The judges cited a previous ruling by the Supreme Court that legislative decisions on issues related to the prohibition of cow slaughter fall within the purview of the competent legislature. As a result, the judiciary cannot compel the legislature to enact specific legislation on this matter.
In light of the current legislation in Delhi and the Supreme Court’s stance, the court pointed out that the petitioner has the option to take appropriate steps in other states that may not have similar existing laws. Chief Justice Sharma emphasized that for states where such laws are absent, it is within the petitioner’s rights to address the issue through the appropriate channels and advocate for the enactment of relevant legislation.
During the proceedings, counsel Monika Arora, representing the Centre, confirmed that the legislative competence concerning the issue of cow slaughter lies primarily with the state governments. This further solidified the court’s position that the central government should not be directed to impose a blanket ban on cow slaughter nationwide.
The court also highlighted the existing legal landscape on cow slaughter across states and Union territories. All states and Union territories, with the exception of Arunachal Pradesh, Kerala, Meghalaya, Mizoram, Nagaland, and Lakshadweep, have already enacted legislation to restrict or ban cow slaughter.
With the Delhi High Court refusing to issue a directive to the Centre, the matter remains within the purview of individual state governments to determine their stance on cow slaughter. The ruling reinforces the principle of legislative autonomy and signifies that any changes to the current laws will require actions taken by the respective state legislatures.
