As per case facts, Vijay Kumar suffered a head injury after being hit by a stray bull. His wife, Nisha, sought compensation after his passing, which was initially granted by ...
2026 INSC 774 C.A. No.(s)..../2026 @ SLP (C) No(s). 4663 of 2026 1
REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO(s). OF 2026
(Arising out of SLP(C) No(s).4663 of 2026)
NISHA …APPELLANT(S)
VERSUS
MUNICIPAL COUNCIL SANGRUR & ORS. …RESPONDENT(S)
J U D G M E N T
SANJAY KAROL, J.
1. Leave Granted.
2. The appellant, Nisha, being the widow of the deceased Vijay Kumar, is
aggrieved by the judgment dated 12th November 2025 passed by the Division
Bench of the High Court of Punjab and Haryana at Chandigarh in LPA No. 1926
of 2019. This order set aside the findings of the learned Single Judge dated 27th
May 2019 in CWP No. 17331 of 2010 (titled Vijay vs. State of Punjab & Ors),
which had granted compensation to the tune of Rs. 29,32,000/- with 6% interest
per annum to be calculated from 1st September 2012. The reversal of the
judgment is on the ground that the present case involves "disputed questions of
fact" and as such, the writ petition itself was not maintainable. Hence, this appeal.
C.A. No.(s)..../2026 @ SLP (C) No(s). 4663 of 2026 2
3. The short facts as can be understood from the record are that – on 21
st
September, 2007, Vijay was hit by a stray bull while walking on the road,
sustaining a head injury and becoming unconscious.
4. The incident was reported to the Police, and a DDR entry was recorded.
During the lifetime of the deceased, a claim was set up with the authorities, which
did not yield any fruitful result. Post his death, his wife filed a Writ Petition
before the High Court seeking adequate compensation. The learned Single Judge
assessed and awarded compensation by applying the principles governing the
grant of compensation under the Motor Vehicles Act
1
, 1988 on the basis of the
income of the deceased/claimants; age and other relevant factors.
However, the Division Bench, solely on the ground that disputed questions
of fact could not have been adjudicated under Article 226 jurisdiction, quashed
and set aside the judgment of the learned Single Judge, and granted liberty to the
claimants to seek appropriate remedy before the Civil Court having competent
jurisdiction.
5. Heard learned counsel for the parties. The main argument urged by the
appellant is that the incident pertains to the year 2007 and that, at this point in
time, it would be extremely unjust, unfair and inequitable to ask the claimant to
pursue the remedies before the Civil Court, particularly when no disputed
questions of fact arise. On the other hand, the respondents submit that none of
the facts required to establish any liability on the Municipal Council have been
proven. Also, the principles enunciated under the provisions of the MVA are
impermissible to be applied for determination of compensation payable, if any.
6. On the first blush, the reasoning of the Division Bench is appealing, but a
closer examination of the facts leads us to think otherwise. The Writ Petition
1
MVA
C.A. No.(s)..../2026 @ SLP (C) No(s). 4663 of 2026 3
before the High Court was filed in the year 2010, and it was finally decided on
27
th
May 2019. The impugned judgment is dated 12
th
November 2025. Now, after
such a long time, even if there is legal merit in the statement that a claim should
have been filed before the competent Civil Court, where does that leave the
claimants? The simple answer is, remediless.
7. On that short ground alone, i.e., the efflux of time, the impugned judgment
warrants interference and, in the interest of justice, adjudication on merits.
8. A perusal of the record reveals that the deceased had vide application dated
2
nd
March 2010 approached the Deputy Commissioner, Sangrur, seeking
compensation to the tune of Rs.1 crore. The said request for compensation was
not considered favourably by the above-named authority solely on account of the
fact that the respondent ‘does not receive any fund which can be given as
compensation’. Noteworthy, here is the factum that the incident was never
questioned or denied in any manner. However, after this application, the deceased
sent a legal notice and, receiving no reply thereto, filed the subject Writ Petition.
Prior thereto, even an FIR reporting the incident was lodged. Hence, all facts are
undisputed.
9. Well, we may observe that what has happened in this case is not unique or
unheard of. It is commonplace to see reports in newspapers regarding Bovine
related incidents and accidents. So, while this case presents a particular instance
before us, we are of the view that the larger issue of these incidents must also be
addressed. What is the mechanism in place to deal with the loss of animal life in
incidents of vehicular accidents, and what is the status of enforcement thereof?
Further, when such incidents lead to injury or loss of human life, how is the family
of the deceased or the injured themselves compensated?
C.A. No.(s)..../2026 @ SLP (C) No(s). 4663 of 2026 4
10. Despite development by leaps and bounds, India is still, primarily, an
agrarian economy, and the backbone of our progress is in the villages and the
toiling day and night of our farmers. Bovines, cows, bulls, and other animals are
indispensable features of this economy. In fact, not just of the economy, but of
the overall village environment, and development of all living beings, more so,
the humans. Right from the inception of our Constitutional Republic, this reality
has been given due recognition. Article 48 of the Constitution of India implores
us to organise agriculture and animal husbandry on modern methods as also
prevent the slaughter of cows and calves. By virtue of being a Directive Principle
of State Policy, it imposes a duty on the State to make policies to further its
objective. Granted that the present case and other cases of motor accidents are not
‘slaughter’ within the literal sense of the term, but the end result is that either they
or humans lose their lives and hence, it is a serious problem that calls for attention.
After all, they are not meant to be natural speed breakers, placed willy-nilly on
the National Highways, roads and streets.
11. It is not only these animals but also the humans that at times meet the most
painful of ends while driving merrily along for no other reason but the fact that
all of a sudden, an animal comes in front of the vehicle leading to a collision.
Sometimes, the same may happen as it did in this case, without there being a
vehicle in the equation. It may be that another animal provoked them, or
sometimes, sans any immediate provocation, the animal may choose to attack a
bystander or a pedestrian, severely injuring them or even killing them, for
example, by impaling them with their horns. Just for illustration, the statistics as
available from the year 2018-20 reveal the following:
As per 2019 census, total population of stray dog and stray cattle in the country was 203.31 lakh
2
.
State/UT-wise Number of Persons Killed by Animals during 2018-2020
2
https://www.pib.gov.in/Pressreleaseshare.aspx?PRID=1806254®=48&lang=2
C.A. No.(s)..../2026 @ SLP (C) No(s). 4663 of 2026 5
S.NO.
STATE/UT 2018 2019 2020
1. Andhra Pradesh 31 25 32
2.
Arunachal Pradesh 2 1 1
3.
Assam 77 90 100
4.
Bihar 10 15 11
5.
Chhattisgarh 91 109 95
6.
Goa 3 0 1
7.
Gujarat 42 61 55
8.
Haryana 25 35 23
9.
Himachal Pradesh 9 33 9
10.
Jharkhand 57 41 41
11.
Karnataka 53 61 59
12.
Kerala 24 30 32
13.
Madhya Pradesh 78 102 103
14.
Maharashtra 150 180 163
15.
Manipur 0 0 0
16.
Meghalaya 1 2 1
17. Mizoram 1 0 0
18. Nagaland 0 0 0
19. Odisha 79 112 94
20. Punjab 16 34 42
21. Rajasthan 75 136 65
22. Sikkim 0 1 0
23. Tamil Nadu 60 80 112
24.
Telangana 15 12 24
25. Tripura 0 3 1
26. Uttar Pradesh 138 169 162
27. Uttarakhand 24 13 22
28. West Bengal 67 77 55
TOTAL STATE(S) 1128 1422 1303
29. A & N Islands 0 0 1
30. Chandigarh 0 0 0
31. D&N Haveli and
Daman&Diu
0 0 0
32. Delhi UT 2 3 0
33. Jammu & Kashmir 0 0 1
34. Ladakh - - 0
35. Lakshadweep 0 0 0
36. Puducherry 0 0 0
TOTAL UT(S) 2 3 2
TOTAL (ALL INDIA)
3
1130 1425 1305
1 https://www.pib.gov.in/Pressreleaseshare.aspx?PRID=1806254®=48&lang=2
C.A. No.(s)..../2026 @ SLP (C) No(s). 4663 of 2026 6
12. Well, under the Constitution, it is not only the State who has a duty towards
the animals, but each and every citizen of the country is called upon to have
compassion for all living beings. This has been termed a fundamental duty under
Part IV-A of the Constitution, which may stricto sensu be not enforceable, but
since it is part of the Constitution, the guiding light of the Country, they need to
be implemented. The value of living the Constitution and thereby having
compassion for all living beings is to be emphasised to all citizens so that each
and every word of the Constitution can be translated into reality. What we have
said above has, in some sense, been observed by a Seven-Judge Bench of this
Court in State of Gujarat v. Mirzapur Moti Kureshi Kassab Jamat
4
,: as follows:
“51. By enacting clause (g) in Article 51-A and giving it the status of a
fundamental duty, one of the objects sought to be achieved by Parliament is
to ensure that the spirit and message of Articles 48 and 48-A are honoured
as a fundamental duty of every citizen. Parliament availed the opportunity
provided by the Constitution (Forty-second Amendment) Act, 1976 to
improve the manifestation of objects contained in Articles 48 and 48-A.
While Article 48-A speaks of “environment”, Article 51-A(g) employs the
expression “the natural environment” and includes therein “forests, lakes,
rivers and wildlife”. While Article 48 provides for “cows and calves and
other milch and draught cattle”, Article 51-A(g) enjoins it as a fundamental
duty of every citizen “to have compassion for living creatures”, which in its
wider fold embraces the category of cattle spoken of specifically in Article
48.”
13. Apart from the above, the constitutional framers have taken care to
explicitly provide for law-making power to both the States and the Centre in
regard to caring for animals. List II of the Seventh Schedule has Entry 15 and 16,
and List III has Entry 17. They read as follows:
“List II—State List
15. Preservation, protection and improvement of stock and prevention of
animal diseases; veterinary training and practice.
16. Pounds and the prevention of cattle trespass.
List III—Concurrent List
17. Prevention of cruelty to animals.”
4
(2005) 8 SCC 534
C.A. No.(s)..../2026 @ SLP (C) No(s). 4663 of 2026 7
From the pre-constitutional era, our statute book has the Cattle Trespass Act
of 1871, which still occupies the field, with amendments carried out thereto from
time to time. A perusal of the various state laws on this aspect, which we will
discuss later, revealed that some of the provisions contained in this Act forms the
basis for the procedure adopted by the States. Chapter 2 thereof, provides for the
establishment of pounds; Chapter 3 discusses impounding of cattle; Chapter 4
talks about the procedure of sale and delivery of cattle so impounded; Chapter 5
provides for the procedure to dispute impounding; Chapter 6 provides penalties
for causing trespass or in case of pound keepers failing to do their duty, etc. Some
of the relevant provisions are:
10. Cattle damaging land.—The cultivator or occupier of any land,
or any person who has advanced cash for the cultivation of the crop or
produce on any land, or the vendee or mortgagee of such crop or
produce or any part thereof, may seize or cause to be seized any cattle
trespassing on such land and doing damage thereto or to any crop or
produce thereon, and [send them or cause them to be sent within
twenty-four hours] to the pound established for the village in which
the land is situate. Police to aid seizures.—All officers of police shall,
when required, aid in preventing (a) resistance to such seizures, and
(b) rescues from persons making such seizures.
11. Cattle damaging public roads, canals and embankments.—
Persons in charge of public roads, pleasure-grounds, plantations,
canals, drainage-works, embankments and the like and officers of
police, may seize or cause to be seized any cattle doing damage to such
roads, grounds, plantations, canals, drainage-works, embankments and
the like, or the sides or slopes of such roads, canals, drainage-works or
embankments or found straying thereon, and shall 1 [send them or
cause them to be sent within twenty-four hours] to the nearest pound.
12. Fines for cattle impounded.—For every head of cattle impounded
as aforesaid, the poundkeepers shall levy a fine in accordance with the
scale for the time being prescribed by the State Government in this
behalf by notification in the Official Gazette. Different scales may be
prescribed for different local areas. All fines so levied shall be sent to
the Magistrate of the District through such; officer as the State
Government may direct.
List of fines and charges for feeding.—A list of the fines and of the
rates of charge for feeding and watering cattle shall be posted in a
conspicuous place on or near to every pound.
(emphasis supplied)
C.A. No.(s)..../2026 @ SLP (C) No(s). 4663 of 2026 8
14. Post-independence, the Central Government, in exercise of its power,
enacted the Prevention of Cruelty to Animals Act, 1960. Section 3 thereof
provides that any person who is charged with taking care of animals must take ‘all
reasonable measures’ to prevent any pain or suffering coming upon such animals;
Section 4 provides for the establishment of Animal Welfare Board of India;
Section 9 lists functions of such Board including establishment of pinjraholes and
sanctuaries and after the amendment to said Act, in the year 1982 the
establishment of rescue homes and setting up of animal shelters were envisioned;
Section 11 which is part of Chapter III titled as “cruelty to animals generally”,
defines what is meant by treating animals cruelly. Sub-section (h) thereof is
relevant for us, which says that any owner failing to provide any animal with
sufficient food, drink or shelter is said to have been cruel to animals. It is
noteworthy that the scope of this Section was expanded by the 1982 amendment
5
to go from ‘any captive animal’ ‘to any animal’; Section 11(3) carves out five
exceptions such as (a) the dehorning of cattle, or the castration or branding or
nose-roping of any animal, in the prescribed manner; or (b) the destruction of stray
dogs in lethal chambers or [by such other methods as may be prescribed]; etc.;
Section 35 requires State Governments to, by order appoint/notify in infirmaries
in which animals against whom offences under this Act has been committed, can
be treated.
15. The scheme of the aforesaid Act received considerable discussion in
Animal Welfare Board of India v. A. Nagaraja
6
. Apart from discussing the law
itself, some pithy observations were made by the co-ordinate bench which are
relevant for our purposes. It was held that every species has an inherent right to
live which is protected by law, and animals too have such honour and dignity
5
Subs. by s. 10, ibid., for “any captive animal” (w.e.f. 30 -7-1982)
6
(2014) 7 SCC 547
C.A. No.(s)..../2026 @ SLP (C) No(s). 4663 of 2026 9
which cannot be arbitrarily taken away. Although this judgment eventually was
disapproved of, by a Constitution Bench in Animal Welfare Board of India v.
Union of India
7
, on the aspect of Jallikattu being a part of cultural heritage and,
therefore, qualifying as a protected action, the same does not take away from the
generality and applicability of other observations. In fact, the Constitution Bench,
through Aniruddha Bose J., did observe that humans do have the obligation to
protect animals which, though may not be absolute. It said:
“41. … it has been broadly held that animals have inherent right in
natural law to live a dignified life without infliction of cruelty and this
principle is sought to be extended to proscribe Jallikattu, Kambala and
Bullock Cart Race. In N.R. Nair [N.R. Nair v. Union of India, (2001) 6
SCC 84] , it was held that animals have capability to bear pain and
suffering and that they have a fear from restrictions on their spaces and
bodies and other forms of physical discomfort. But we need not refer to
these authorities as we accept the obligation of human beings to ensure
that animals do not suffer from pain and injury. Our jurisdiction,
however, does not extend to provide an absolute protection to the animals
from any manner of infliction of pain and suffering. What the broad
theme of the 1960 Act is that the animals must be protected from
unnecessary pain and suffering...”
16. Needless to observe, being injured, maimed or in some cases even killed,
because cattle and other animals are roaming on the roads is unnecessary pain
and suffering as alluded to by the Constitution Bench supra.
17. The question to be considered then is, what is the mechanism in place to
ensure that such incidents are reduced and that these animals have secure
places to go to rather than roam about amongst vehicles moving at lightning
speed, making it a constant invitation to death, both for the animals and for
the passenger(s) of the vehicles. How can this be achieved?
7
(2023) 9 SCC 322
C.A. No.(s)..../2026 @ SLP (C) No(s). 4663 of 2026 10
The immediate answer is that owners of the animals should be held
responsible and ensure that the animals return to their specified dwellings at
the end of each day; or in other cases where animals have been let go for
whatever reason, be it infirmity or old age, there should be adequately stocked
and staffed animal shelters which would patrol the areas and round up animals
at the end of the day to house them safely. To this effect, what is an ‘animal
shelter’, becomes important.
18. Section 38 of the PCA grants rule making power. Animal Birth Control
Rules, 2023 were enacted thereunder and while they are not exactly relevant
for the present discussion, it is only to be noted that rule 2(d) defines an
‘animal shelter’ which reads as under:
“means place where stray or street or abandoned animals are kept for
adoption or rehabilitation, general treatment while they are ill or injured”
19. In recognition of this responsibility, at least 24 States/U.T.s have enacted
legislation specifically aimed at cattle and their preservation and protection.
Below is a tabular representation in alphabetical order of the States/U.T. that
have undertaken such an exercise. We have also extracted the relevant
provisions thereof:
S. NO. State/Union
Territory
Statute/Rules/Notification/
Scheme
Relevant Provisions on Cow Shelters
(including excerpts from the relevant
Acts and Rules)
1. Andaman &
Nicobar
Islands
The Andaman and Nicobar
Prohibition of Cow Slaughter
Regulation, 1967.
There shall be established by the Chief
Commissioner or by any local authority,
whenever directed to do so by the Chief
Commissioner, such institutions as may
be necessary for taking care of
uneconomic cows.
8
The Chief Commissioner or the local
authority, as the case may be, may levy
8
S. 8, The Andaman and Nicobar Prohibition of Cow Slaughter Regulation, 1967.
C.A. No.(s)..../2026 @ SLP (C) No(s). 4663 of 2026 11
such charges or fees as may be prescribed
for keeping uneconomic cows in the
institutions established under section 8:
Provided that in no case such charges or
fees in respect of any such cow shall
exceed the actual cost of keeping that
cow.
9
“uneconomic cow” includes a stray,
unprotected, infirm, disabled, diseased or
barren cow.
10
2. Assam The Assam Cattle Preservation
Act, 2021, and
The Assam Cattle Preservation
Rules, 2022.
“Gaushala” means a shelter established
for the protection and preservation of
cattle registered as such with the
department of Animal Husbandry and
Veterinary under the State or Central
Law.
11
The State Government may establish, or
direct any local authority or permit
society registered under the Societies
Registration Act, 1960, or any Central
Act or any association or organisation to
establish an institution, including
Gaushalas at such places as may be
deemed necessary for taking care of the
cattle to be housed thereto.
12
The State
government by the notification in the
official gazette can make rules to provide
for proper management and conditions
and fees for registration of institutions
(Gaushalas) established under section 20
of the Act.
13
Under the 2022 rules, if an abandoned
cattle is seized, the Animal Husbandry
and Veterinary department shall bear
the costs involved in the treatment,
transportation and maintenance of such
cattle.
14
3. Bihar The Bihar Goshala Act, 1950,
and
The Bihar Goshala Rules,
“Goshala” means a charitable institution
established for the purpose of keeping,
breeding, rearing and maintaining cattle
9
S. 9, The Andaman and Nicobar Prohibition of Cow Slaughter Regulation, 1967.
10
S. 2(i), The Andaman and Nicobar Prohibition of Cow Slaughter Regulation, 1967.
11
S. 3(e), The Assam Cattle Preservation Act, 2021.
12
S.20, The Assam Cattle Preservation Act, 2021.
13
S. 22, The Assam Cattle Preservation Act, 2021.
14
Rule 12(4), The Assam Cattle Preservation Rules, 2022.
C.A. No.(s)..../2026 @ SLP (C) No(s). 4663 of 2026 12
1953. or for the purpose of reception, protection
and treatment of infirm, aged or diseased
cattle and includes a “Pinjrapole”, where
such cattle are kept.
15
The 1950 Act authorises the Director,
with the prior sanction of the State
Government, to frame regulations on how
a goshala is to be managed, inter-alia the
skilled technical management of breeding
work and its segregation from other
activities and transfer from urban to rural
areas, the earmarking of male and female
cattle for breeding purposes, and any
other matter that may be prescribed.
16
The Bihar Goshala Rules, 1953, enacted to
implement the Bihar Goshala Act, 1950
provides the regulatory framework for the
management, registration, and financial
administration of goshalas (cattle shelters)
and the “Goshala Federation” across
Bihar.
17
4. Chhattisgarh Chhattisgarh Goseva Ayog
Act, 2004.
“Institution” means any charitable
institution engaged in cattle welfare and
established for the purpose of keeping,
breeding, rearing and maintaining cattle
or for the purpose of reception,
protection, care, management and
treatment of infirm, aged and diseased
cattle and includes Gosadhan, Goshala,
Pinjrapole, Gorakshan Sansthan and
their Federation or Union
registered under any enactment for the
time being in force or otherwise.
18
The Ayog, as established under S.3 of the
2004 Act, is to ensure proper management
and care of infirm and aged cattle
maintained by any institution.
19
The Act contains an enabling provision
authorising the State Government to make
rules for carrying out the provisions of the
Act including the manner in which the
15
S. 2(d), Bihar Goshala Act, 1950.
16
S. 17, Bihar Goshala Act, 1950.
17
Rule 3, The Bihar Goshala Rules, 1953.
18
S. 2(d), Chhattisgarh Goseva Ayog Act, 2004.
19
S. 12, Chhattisgarh Goseva Ayog Act, 2004.
C.A. No.(s)..../2026 @ SLP (C) No(s). 4663 of 2026 13
“institutions” shall be registered.
20
5. Dadra and
Nagar Haveli
and Daman
and Diu
The Goa Prevention of Cow
Slaughter Act, 1978
There shall be established by the
Government or by any local authority,
when so directed by the Government,
institutions for the reception,
maintenance and care of uneconomic
cows.
21
6. Delhi (NCT) Delhi Agricultural Cattle
Preservation Act, 1994.
There shall be established by the
Government or by any local authority,
when so directed by the Government,
institutions for the reception,
maintenance and care of agricultural
cattle.
22
7. Goa Goa Stray Cattle Management
Scheme, 2013 (Modified), and
The Goa Prevention of Cow
Slaughter Act, 1978
Under this scheme “Cattle Pound”
means the Government Fodder Seed
Production Farm at Kalay, Sanguem
Taluka-Goa and all the pounds in
respective jurisdiction of Municipalities,
Panchayats, AWOs, Goshalas and Civic
& Consumer Forums (CCF) in their area
of operation.
23
The Stray Cattle will be maintained at the
Cattle Pounds, belonging to
Municipalities, Panchayats, AWOs,
Goshalas and Civic & Consumer Forums
(CCF) where feed, fodder, water, shade
and pound keeper will be provided to the
impounded cattle and medical care and
cross-breeding activities will be
undertaken as and when required.
24
The Government has introduced this
scheme for stray cattle to facilitate Local
Bodies, NGOs, Goshalas, and Civic
Consumer Forum (CCF) to curb stray
cattle menace.
25
Institutions shall be
established by Governments for the
reception, maintenance and care of
uneconomic cows.
26
20
S. 23, Chhattisgarh Goseva Ayog Act, 2004.
21
S. 6, The Goa Prevention of Cow Slaughter Act, 1978.
22
S. 10, Delhi Agricultural Cattle Preservation Act, 1994.
23
Clause 4(c), Goa Stray Cattle Management Scheme, 2013 (Modified).
24
Clause 8, Goa Stray Cattle Management Scheme, 2013 (Modified).
25
Scheme to Check Wandering Stray Animals, Press Information Bureau, available at
https://www.pib.gov.in/PressReleasePage.aspx?PRID=1697450®=48&lang=2, last seen on 03/06/2026.
26
S. 6, The Goa Prevention of Cow Slaughter Act, 1978.
C.A. No.(s)..../2026 @ SLP (C) No(s). 4663 of 2026 14
8. Gujarat The Mukhyamantri Gaumata
Poshan Yojana.
State level scheme, the objective is to
provide maintenance assistance to help
economically the cows and buffaloes kept
at Gaushala-Panjarapol registered under
the Public Trust Act in the state.
27
9. Haryana Haryana Gau‑Seva Aayog Act,
2010.
Gau-Seva Aayog are established for the
preservation and welfare of cows in the
State, for supervision and control of
institutions established for the purpose.
Under the Act, “institution” means any
charitable institution or Non-Government
Organisation engaged in cow welfare and
established for the purpose of keeping,
breeding, rearing and maintaining cow or
for the purpose of reception, protection,
care, management and treatment of
infirm, aged and diseased cow and
includes Gausadan, Gaushala, Pinjrapole,
Gau Anusandhan-Vigyan-Samvardhan
Kendra, Gauraksha Sanstha and their
federation or union registered under any
enactment for the time being in force or
otherwise.
28
The Aayog established under S.3 of the
2010 Act works for the welfare of cow in
the State.
29
10. Himachal
Pradesh
Himachal Pradesh Gauvansh
Sanrakshan and Samvardhan
Act, 2018, and
Himachal Pradesh Gauvansh
Sanrakshan and Samvardhan
Rules, 2023.
“Institution” means any charitable
institution or Non -Government
Organization engaged in the welfare of
cows and established for the purpose of
keeping, breeding, rearing and
maintaining cow or for the purpose of
reception, protection, care, management
and treatment of infirm, aged and
diseased cows and includes Gausadan,
Gaushala, Gauvigyan Kendra, Cow
Sanctuary, Community Animal Rearing
Center, or by whatever name such
institutions exist including Gauraksha
sanstha and their federation, society or
union registered under any enactment for
the time being in force or otherwise.
30
27
https://indianexpress.com/article/cities/ahmedabad/gaumata-poshan-yojana-govt-financial-aid-extended-to-
any-number-of-shelters-under-registered-gaushalas-8904799/
28
S. 2(d), Haryana Gau‑Seva Aayog Act, 2010.
29
S. 14(ii), Haryana Gau‑Seva Aayog Act, 2010.
30
S. 2(i), Himachal Pradesh Gauvansh Sanrakshan and Samvardhan Act, 2018.
C.A. No.(s)..../2026 @ SLP (C) No(s). 4663 of 2026 15
The Act provides for the establishment of
the Himachal Pradesh Gauseva Aayog.
Some of its functions include: to make
provisions for solutions to the problems
related to abandoned cow in the State by
providing technical and financial
assistance to Gausadans, Gaushalas,
Gauvigyan Kendras, Cow Sanctuaries or
any other scheme approved by the
Government in the manner as may be
prescribed; and to supervise and inspect
the institutions and to ensure that such
institutions provide for proper
management and care to cows conserved
by them.
31
Under the 2023 Rules, the Aayog shall
register the following institutions involved
in protection, conservation and welfare of
the Gauvansh by paying Rs. 500/- to the
Aayog as fees, namely:-
32
(i) Gausadans.-Institutions providing
shelter, food and treatment to the
abandoned, stray and infirm cattle shall be
registered as Gausadans.
(ii) Cow Sanctuaries and Gau
Abhyaranaya.-A large fenced area
developed in such a manner that the cattle
have ample open grazing spaces with few
shelters, shall be registered as cow
sanctuary or Gau Abhyaranya.
(iii) Gaushalas.-Institutions working
for the development and conservation of
indigenous breeds of cow shall be
registered as Gaushalas.
(iv) Gau Vigyan Kendras.-An institute
that conducts research on cow products or
manufactures cow related products shall be
registered as GauVigyan Kendra.
(v) Any other such institution by whatever
name it may be called, that the Aayog
considers as doing exemplary work
towards the objectives to carry out the
purpose of the Act.
11. Jharkhand Jharkhand Bovine Animal
Prohibition of Slaughter Act,
2005
The Act provides for establishment by
the Government or by any local
authority, when so directed by the
31
S. 14, Himachal Pradesh Gauvansh Sanrakshan and Samvardhan Act, 2018.
32
Rule 7, Himachal Pradesh Gauvansh Sanrakshan and Samvardhan Rules, 2023.
C.A. No.(s)..../2026 @ SLP (C) No(s). 4663 of 2026 16
Government, institutions for the
reception, maintenance and care of
uneconomic cows, or the State
Government may declare any existing
Institution as an Institution established
under this Act.”
33
The state Government
may, by notification in the official
Gazette, make rules for the purpose of
carrying out the provisions of this Act.
34
12. Karnataka Karnataka Prevention of
Slaughter and Preservation of
Cattle Act, 2020
The State Government may establish, or
direct any local authority or permit
society registered under the Karnataka
Societies Registration Act, 1960, or any
Central Act or any association or
organization to establish an institution,
including Gau Shalas, at such places as
may be deemed necessary for taking care
of the cattle to be sent thereto. The State
Government may provide by rules for the
proper management of such institutions
for the care of cattle therein and provide
support for the class or variety of cows or
other cattle that may be admitted herein.
35
13. Madhya
Pradesh
The Madhya Pradesh Goshala
Act, 1953, and
The Madhya Pradesh Goseva
Ayog Adhiniyam, 1995
“Goshala” means a charitable institution
established for the purpose of keeping,
breeding, rearing and maintaining cattle
or for the purpose of reception, protection
and treatment of infirm, aged or diseased
cattle and includes a “Pinjrapole”, where
such cattle are kept.
36
The Registrar of Goshalas shall maintain
a register (Register of Goshalas) in such
forms and containing such particulars as
may be prescribed and copies thereof
shall be forwarded to the Director and to
the Federation.
37
Functions of the Ayog under the 1995 Act
inter-alia includes:
to ensure the protection afforded to cattle
under my law for the time being in force;
to ensure proper and timely
33
S. 8, Jharkhand Bovine Animal Prohibition of Slaughter Act, 2005.
34
S. 20, Jharkhand Bovine Animal Prohibition of Slaughter Act, 2005.
35
S. 19, Karnataka Prevention of Slaughter and Preservation of Cattle Act, 2020.
36
S. 2(d), The Madhya Pradesh Goshala Act, 1953.
37
S. 6, The Madhya Pradesh Goshala Act, 1953.
C.A. No.(s)..../2026 @ SLP (C) No(s). 4663 of 2026 17
implementation of the laws referred to in
clause (a) and to propose remedial
measures to concerned Departments of
the State Government or any body or
authority owned or controlled by the State
Government as is responsible for such
implementation to make them more
effective, proper and timely
implementation of programmes of the
State Government under Goshala
Development Scheme; to promote health
care of cattle; to appoint such
Agricultural Cattle Welfare Officers
who shall work for implementation of the
Madhya Pradesh Pashu Parirakshan
Adhiniyam, 1959 and to take action
which shall include detention and search
of agricultural cattle, detention and search
of vehicles, seizure of agricultural cattle
and take them into custody and initiate
prosecution proceedings;…
38
14. Maharashtra Maharashtra Goseva Ayog
Act, 2023.
“Institution” means any charitable
institution registered under the
Maharashtra Public Trusts Act, or a
society registered under the Societies
Registration Act, 1860 or the Maharashtra
Co-operative Societies Act, 1960 or a
company registered under the Companies
Act, 2013, engaged in cattle keeping,
breeding, rearing and maintaining and
reception, protection, care, management
and treatment of infirm, aged and
diseased cattle for the purposes of
preservation, protection and welfare
thereof and includes Gosadan, Goshala,
Panjarpol, Gorakshan Sanstha, etc. and
their Federation or Union registered under
any enactment for the time being in force
or otherwise.
39
Functions of Goseva Ayog under the
2023 Act inter-alia includes:
(a) to register Institutions under this Act;
(b) to ensure protection given to cattle
38
S. 11, The Madhya Pradesh Goseva Ayog Adhiniyam, 1995.
39
S. 2(d), Maharashtra Goseva Ayog Act, 2023.
C.A. No.(s)..../2026 @ SLP (C) No(s). 4663 of 2026 18
under any law for the time being in force;
(c) to ensure proper and timely
implementation of programs and schemes
of the State Government for development
of Gosadan, Goshala, Panjarpol and
Gorakshan Sanstha;
(g) to ensure proper management, care and
treatment of infirm, aged and diseased
cattle maintained by the Institutions;…
40
15. Nagaland The Nagaland Cattle Trespass
Act, 1985.
Pounds may be established at such places
in each district as the Director may, from
time to time, direct. The area by which
every pound is to be used shall be
determined by the Director.
41
The pound-keeper shall take charge of,
feed and water the cattle, until they are
disposed of as hereinafter directed.
42
16. Odisha
The Orissa Goshala Act, 1961. “Goshala” means a charitable
institution established for the purpose of
keeping, breeding, rearing and
maintaining cattle or for the purpose of
reception, protection and treatment of
infirm, aged or diseased cattle and include
a‘Pinjrapole’, where such cattle are
kept.
43
The Registrar of Goshalas shall maintain
a register (Register of Goshalas) in such
forms and containing such particulars as
may be prescribed and copies thereof
shall be forwarded to the Director and to
the Federation.
44
17. Puducherry Puducherry Prevention of Cow
Slaughter Act, 1968.
There shall be established by the
Government or by any local authority, if
so directed by the Government,
institutions as may be necessary for
taking care of uneconomic cows.
45
“uneconomic cow” includes stray,
unprotected, infirm, disabled, diseased or
barren cow.
46
18. Punjab Punjab Gau‑Sewa Commission The 2014 Act has been enacted to
40
S. 11, Maharashtra Goseva Ayog Act, 2023.
41
S. 3, The Nagaland Cattle Trespass Act, 1985.
42
S. 8, The Nagaland Cattle Trespass Act, 1985.
43
S. 2(d), Orissa Goshala Act, 1961.
44
S. 6, Orissa Goshala Act, 1961.
45
S. 6, Puducherry Prevention of Cow Slaughter Act, 1968.
46
S. 2 (g), Puducherry Prevention of Cow Slaughter Act, 1968.
C.A. No.(s)..../2026 @ SLP (C) No(s). 4663 of 2026 19
Act, 2014, and
The Punjab Prohibition of Cow
Slaughter Act, 1955
establish Gau-Seva Aayog for the
preservation and welfare of cows in the
State, for supervision and control of
institutions established for the purpose
and to provide for the matters connected
therewith or incidental thereto.
Under the 2014 Act, “institution” means
any charitable institution or Non-
Government Organization engaged in
Cow welfare and established for the
purpose of keeping, breeding, rearing and
maintaining Cow or for the purpose of
reception, protection, care, management
and treatment of infirm, aged and
diseased Cow and includes Gausadan,
Gaushala, Pinjrapole, Gauraksha Sanstha
and their federation or union registered
under any enactment for the time being in
force or otherwise.
47
The Commission, established under S. 3
of the 2014 Act, shall perform the
following functions, inter-alia:–
to ensure the protection afforded to Cow
under any law for the time being in force
including seizure and custody of the Cow
being carried for slaughtering or likely to
be slaughtered in contravention of any
law in force; to ensure active participation
of the institutions in the development of
indigenous breeds of Cow; to promote
health care of Cow; to appoint such Cow
Welfare Officers who shall work for the
implementation of the Act to take action
including detention and search of Cow,
vehicles, seizure of Cow and to take Cow
into custody and initiate prosecution; and
to take custody of the Cow seized and to
entrust them to the nearest Gaushala,
Gausadan or any Cow protection
institution or to any willing person
pending the disposal of the prosecution
proceedings.
48
47
S. 2(e), Punjab Gau Sewa Commission Act, 2014.
48
S. 15, Punjab Gau Sewa Commission Act, 2014.
C.A. No.(s)..../2026 @ SLP (C) No(s). 4663 of 2026 20
Under the 1955 Act, it is provided that
there shall be established by the
Government or by any local authority,
when so directed by the Government,
institutions for the reception,
maintenance and care of uneconomic
cows.
49
“uneconomic cow” includes stray,
unprotected, infirm, disabled, diseased or
barren cow.
50
19. Rajasthan Rajasthan Gaushala Act, 1960,
and
Rajasthan Goshala Rules,
1964.
“Gaushala” means a charitable institution
established for the purpose of keeping,
breeding, rearing and maintaining cattle or
for the purpose of reception, protection and
treatment of infirm, aged or diseased cattle
and includes a Pinjarpole or a Gosadan
where such cattle are kept.
51
The Registrar of Gaushalas (Gaushala
Development Officer) shall maintain a
register of Gaushalas in such form and
containing such particulars as may be
prescribed.
52
Under the 1964 Rules, the Registrar shall
maintain a register of Goshala in Form VI
and shall issue a certificate of registration
of a Goshala in Form VII.
53
20. Sikkim Sikkim Prevention of Cow
Slaughter Act, 2017.
There shall be a protective shed/ shelter
house etc established, maintained,
managed, supervised and controlled by the
Government or by any Local Authority,
wherever so directed by the Government as
may be necessary for taking care of
unproductive cows in such manner as may
be prescribed by rules.
54
21. Telangana Telangana Prohibition of Cow
Slaughter and Animal
Preservation Act, 1977
The Government may establish, or direct
any local authority or society registered
under the law relating to the registration
of societies for the time being in force in
the State, or any association or body of
persons, to establish institutions at such
places as may be deemed necessary for
49
S. 6, The Punjab Prohibition of Cow Slaughter Act, 1955.
50
S. 2(g), The Punjab Prohibition of Cow Slaughter Act, 1955.
51
S. 2(d), Rajasthan Gaushala Act, 1960.
52
S. 6, Rajasthan Gaushala Act, 1960.
53
Rule 6, Rajasthan Goshala Rules, 1964.
54
S. 6, Sikkim Prevention of Cow Slaughter Act, 2017.
C.A. No.(s)..../2026 @ SLP (C) No(s). 4663 of 2026 21
taking care of cows or other animals sent
thereto. Further, the Government may
provide by rules for the proper
management of such institutions for the
care of cows or other animals therein and
also for the class or variety of cows or
other animals that may be admitted
therein.
55
The Government may, by notification,
after previous publication, make rules for
carrying out the purposes of this Act
including the management of institutions
established under section 17 and the fee to
be levied for their maintenance.
56
22. Uttar Pradesh Uttar Pradesh Goshala
Adhiniyam, 1964, and
Uttar Pradesh Goshala Rules,
1964.
Enacted to provide for better
administration and control of Goshalas in
Uttar Pradesh.
“Goshala” means a charitable institution
established for the purpose of keeping,
breeding, rearing or maintenance of cattle
or for the purpose of reception,
production and treatment of infirm, aged,
decrepit or diseased cattle.
57
An officer of the Animal Husbandry
Department, not below the rank of
District Livestock Officer, or any other
person duly empowered in this behalf by
the State Government may enter into and
inspect any Goshala or any place
appertaining to a Goshala for the purpose
of satisfying himself that the provisions of
this Act and the rules and regulations are
duly complied with.
58
No person shall collect any money or
accept any subscription for a Goshala
which is not registered under this Act.
59
23. Uttarakhand Uttarakhand Protection of Cow
Progeny Act, 2007.
The State Government or NGOs, may
establish institutions as may be
necessary for taking care of uneconomic
cow progeny: Provided that NGOs, shall
give information prior to establishing
such institution in the form prescribed to
55
S. 17, Telangana Prohibition of Cow Slaughter and Animal Preservation Act, 1977.
56
S. 18, Telangana Prohibition of Cow Slaughter and Animal Preservation Act, 1977.
57
S. 2(4), Uttar Pradesh Goshala Adhiniyam, 1964.
58
S. 14, Uttar Pradesh Goshala Adhiniyam, 1964.
59
S. 15, Uttar Pradesh Goshala Adhiniyam, 1964.
C.A. No.(s)..../2026 @ SLP (C) No(s). 4663 of 2026 22
the Chief Veterinary Officer of the
District.
60
The State Government or the NGO may
levy such Charges or fees as may be
prescribed by the State Government or
NGO with the prior permission for keeping
uneconomic cows in the institution.
61
“Uneconomic Cow” means and includes
stray, infirm, disabled, diseased or barren
cow.
62
24. West Bengal West Bengal Cattle Licensing
Act, 1959.
The present Act is to regulate the keeping
of cattle in urban areas. It defines
“Khatal”, a place where cattle are kept or
maintained for the purpose of trade or
business in cattle including business in
milk or otherwise.
63
After this Act comes into force in any
urban area no person shall keep in, or
import into, such area any cattle except
under a valid license. Explanation.- For the
purpose of this section, “import” includes
the unloading of cattle from any railway
wagon, vehicle or vessel or any other
conveyance used in carrying the same and
also the taking of cattle through any urban
area.
64
The table above represents a general overview of the legislations enacted by the
States regarding the protection of cattle and other animals, including the
responsibility as placed on the Officer of the State and other concerned persons
such as Non-Governmental Organisations, to aid the former in ensuring the
general health and upkeep of cattle and like animals in the State. What is placed
below is a reference to certain specific powers and procedures on certain issues
such as the concerned institutions dealing with stray cattle; auction; tagging;
deputed officers as prevalent in the State of Punjab, and UT of Chandigarh, since
60
S. 9, Uttarakhand Protection of Cow Progeny Act, 2007.
61
S. 10, Uttarakhand Protection of Cow Progeny Act, 2007.
62
S. 2 (g), Uttarakhand Protection of Cow Progeny Act, 2007.
63
S. 2(dd), West Bengal Cattle Licensing Act, 1959.
64
S. 3, West Bengal Cattle Licensing Act, 1959.
C.A. No.(s)..../2026 @ SLP (C) No(s). 4663 of 2026 23
the present case pertains thereto. Here itself, it may be noted that a number of
other States have also enacted similar laws. Discussing them would only burden
the record. The provisions in the relevant States, dealing with specific issues, are
as under:
State/UT: Issue : Relevant Statute on Stray Bovine:
Haryana 1. Haryana Gauvansh Sanrakshan and Gausamvardhan Act, 2015
2. Haryana Gau-Seva Aayog Act, 2010
3. Cattle-Trespass Act, 1871
4. The Haryana Municipal Corporation Act, 1994
Himachal
Pradesh
1. Himachal Pradesh Prohibition of Cow Slaughter Act, 1979
2. Cattle-Trespass Act, 1871
3. The Himachal Pradesh Municipal Act, 1994
4. The Himachal Pradesh Municipal Corporation Act, 1994
Punjab 1. Punjab Municipal Corporation Act, 1976
2. Punjab Prohibition of Cow Slaughter Act, 1955
3. Cattle-Trespass Act, 1871 (as applicable)
Chandigarh 1. Cattle Trespass Act, 1871,
2. Punjab Municipal Corporation Act, 1976 (as extended to Chandigarh by The
Punjab Municipal Corporation Law (Extension to Chandigarh) Act, 1994).
State/UT: Issue : Institutions/Pounds and Registration:
Uttarakhand The Uttarakhand Protection Of Cow Progeny Act, 2007
8. Registration of Cow progeny in Urban areas:
It shall be mandatory to obtain a registration certificate from Veterinary Officer
appointed at Government veterinary hospital of the area for rearing of every cow
progeny in the urban area. Technique & procedure to establish identity such cow
progeny shall be prescribed by State Government.
Cattle-Trespass Act, 1871
4. Establishment of pounds.—Pounds shall be established at such places as the
Magistrate of the District, subject to the general control of the State Government,
from time to time directs. The village by which every pound is to be used shall be
determined by the Magistrate of the District.
7. To keep registers and furnish returns.—Every pound-keeper shall keep such
registers and furnish such returns as the State Government from time to time
directs.
8. To register seizures.—When cattle are brought to a pound, the pound-keeper
shall enter in his register,— (a) the number and description of the animals, (b) the
day and hour on and at which they were so brought, (c) the name and residence of
the seizer, and (d) the name and residence of the owner, if known, and shall give
the seizer or his agent a copy of the entry.
9. To take charge of and feed cattle.—The pound-keeper shall take charge of,
feed and water the cattle until they are disposed of as hereinafter directed.
C.A. No.(s)..../2026 @ SLP (C) No(s). 4663 of 2026 24
Himachal
Pradesh
The Himachal Pradesh Municipal Act, 1994
150-A. Registration of cattle and maintenance of record thereof.- (1) Head of
every family shall be responsible to give or cause to be given, either orally or in
writing, the details of cattle owned by his family to the municipality within a period
one month from the commencement of the Himachal Pradesh Municipal
(Amendment) Act, 2011, and thereafter, every time as and when any change in the
number of cattle takes place by any reasons. (2) On receipt of the details of cattle
under sub-section (1), the municipality shall register cattle and shall maintain
records thereof in such form as may be notified by the State Government: Provided
that the municipality may charge registration fee at such rate as may be fixed by
the municipality. (3) It shall be the duty of the municipality to assist the officials or
persons engaged by Animal Husbandry Department for applying appropriate
identification mark on each cattle and to maintain the record of identification. (4)
If any cattle with identification mark is found stray, the owner of the cattle shall be
identified by the municipality from the record maintained by it and such owner
shall be liable to a fine of five hundred rupees for the first offence and seven
hundred rupees for subsequent offence which shall be imposed by the municipality.
(5) If the municipality fails in identifying such stray cattle due to tempering with
identification mark or mutilation thereof, it shall report the matter to the In-charge
of the nearest Animal Husbandry Dispensary who shall lodge the stray cattle to the
nearest Goshala.
The Himachal Pradesh Municipal Corporation Act, 1994
233(3) similar to 241(3) of The Haryana Municipal Corporation Act, 1994.
324-A similar to 150-A of The Himachal Pradesh Municipal Act, 1994
THE HIMACHAL PRADESH PANCHAYATI RAJ ACT, 1994
(11-A) similar to 150-A of The Himachal Pradesh Municipal Act, 1994.
Section 4, 7, 8 and 9 Cattle-Trespass Act, 1871
Section 4, 7, 8 and 9 Cattle-Trespass Act, 1871
Section 4, 7, 8 and 9 Cattle-Trespass Act, 1871
Issue:-
State/UT: Issue : Impounding power:
Haryana Section 10,11,12 of Cattle-Trespass Act, 1871
Himachal
Pradesh
Section 10,11,12 of Cattle-Trespass Act, 1871
Punjab Section 10,11,12 of Cattle-Trespass Act, 1871
Chandigarh Section 10,11,12 of Cattle-Trespass Act, 1871
State/UT: Issue : Auction / Disposal:
Haryana Cattle-Trespass Act, 1871
14. Procedure if cattle be not claimed within a week.—If the cattle be not claimed
within seven days from the date of their being impounded, the pound-keeper shall
report the fact to the officer in charge of the nearest police-station, or to such other
C.A. No.(s)..../2026 @ SLP (C) No(s). 4663 of 2026 25
officer as the Magistrate of the District appoints in this behalf. Such officer shall
thereupon stick up in a conspicuous part of his office a notice stating— (a) the
number and description of the cattle, (b) the place where they were seized, (c) the
place where they are impounded, and shall cause proclamation of the same to be
made by beat of drum in the village and at the marketplace nearest to the place of
seizure. If the cattle be not claimed within seven days from the date of the notice,
they shall be sold by public auction by the said officer, or an officer of his
establishment deputed for that purpose, at such place and time and subject to such
conditions as the Magistrate of the District by general or special order from time to
time direct: Provided that, if any such cattle are, in the opinion of the Magistrate of
the District, not likely to fetch a fair price if sold as aforesaid, they may be disposed
of in such manner as he thinks fit.
Himachal
Pradesh
Section 14 of Cattle-Trespass Act, 1871
14-A provides for Procedure for speedy disposal of certain unclaimed cattle.
Punjab Section 14 and 14-A of Cattle-Trespass Act, 1871
Chandigarh Section 14 of Cattle-Trespass Act, 1871
State/UT: Issue : Tagging:
Haryana In Haryana, tagging and evaluation of cattle carried out in all gaushalas till April,
2016. There are about 423 registered and unregistered gaushalas in the State which
have about three lakh cattle heads.
65
Himachal
Pradesh
Under the ‘Assistance to Gausadan/Gaushala/Cow Sanctuary Scheme’ Rs. 500 per
cow per month was to be provided to all Gausadans/Gaushalas/ cow sanctuaries
having 30 or more cattles as maintenance allowance after complete tagging under
Information Network for Animal Productivity and Health (INAPH) and National
Animal Disease Control Programme (NADCP) as per the Government of India
guidelines.
66
Punjab To resolve the stray cattle menace on roads and street of Punjab, the state animal and
husbandry department planned to keep an eye on the stray throughout the state. The
department registers all pet cattle, including cows and buffalo, in Punjab and upload
their information online. The cattle are registered through ear tagging which have a
12 digit code on it. With the help of this 12-digit code, the department is able to
identify the offenders who left their cows and buffaloes on the roadside.
67
Chandigarh The National Animal Disease Control Program (NADCP) was launched by the
Department of Animal Husbandry & Fisheries in U.T. Chandigarh. It was revealed
that Ear tagging to animals will commence from today in all the areas of U.T.
Chandigarh. This 12 digit ear tag will work as “Pashu Aadhar” for all the
Departmental Schemes and will be required for all animals movements, sale, purchase
and other related activities. The Animal identification by ear tagging and recording it
in Animal Health module of Information Network for Animal Productivity and Health
(INAPH) is mandatory under this scheme.
68
65
https://prharyana.gov.in/en/in-haryana-tagging-and-evaluation-of-cattle-would-be-carried-out-in-all-
gaushalas-till-april-2016
66
http://himachalpr.gov.in/OnePressRelease.aspx?Language=1&ID=18403
67
https://www.hindustantimes.com/chandigarh/govt-plans-to-register-all-domestic-cattle-in-punjab-upload-
information-online/story-5xqGp5N9J13QQDBCkfZKSN.html
68
https://chdpr.gov.in/press/778
C.A. No.(s)..../2026 @ SLP (C) No(s). 4663 of 2026 26
State/UT: Issue : Sanitation/Health:
Haryana 1. The Prevention And Control Of Infectious And Contagious Diseases In Animals
Act, 2009 Himachal
Pradesh
Punjab 1. The Prevention And Control Of Infectious And Contagious Diseases In Animals
Act, 2009
2. Punjab Municipal Corporation Act, 1976
399. Powers To Made Bye-Laws. - (1) Subject to the provisions of this act the
corporation may in addition to any bye-laws which it is empowered to make by any
other provision of this act, make bye-laws to provide for all or any of the following
matters, namely :-
… e. bye-laws relating to sanitation and public health –
… (5) the regulation or prohibition of the stabling or herding of animals or any class
of animals so as to prevent danger to public health ;…
Chandigarh
Issue:-
State/UT: Appointed Officials
Punjab Punjab Gau‑Sewa Commission Act, 2014
15. The Commission, established under S. 3 of the 2014 Act, shall perform the
following functions, inter-alia:–
to ensure the protection afforded to Cow under any law for the time being in force
including seizure and custody of the Cow being carried for slaughtering or likely to
be slaughtered in contravention of any law in force; to ensure active participation of
the institutions in the development of indigenous breeds of Cow; to promote health
care of Cow; to appoint such Cow Welfare Officers who shall work for the
implementation of the Act to take action including detention and search of Cow,
vehicles, seizure of Cow and to take Cow into custody and initiate prosecution; and
to take custody of the Cow seized and to entrust them to the nearest Gaushala,
Gausadan or any Cow protection institution or to any willing person pending the
disposal of the prosecution proceedings.
Uttar
Pradesh
Uttar Pradesh Goshala Adhiniyam, 1964
14. An officer of the Animal Husbandry Department, not below the rank of
District Livestock Officer, or any other person duly empowered in this behalf by the
State Government may enter into and inspect any Goshala or any place appertaining
to a Goshala for the purpose of satisfying himself that the provisions of this Act and
the rules and regulations are duly complied with.
Madhya
Pradesh
The Madhya Pradesh Goseva Ayog Adhiniyam, 1995.
11. Functions of the Ayog under the 1995 Act inter-alia includes:
to ensure the protection afforded to cattle under my law for the time being in force;
to ensure proper and timely implementation of the laws referred to in clause (a) and
to propose remedial measures to concerned Departments of the State Government or
any body or authority owned or controlled by the State Government as is responsible
for such implementation to make them more effective, proper and timely
implementation of programmes of the State Government under Goshala
C.A. No.(s)..../2026 @ SLP (C) No(s). 4663 of 2026 27
Development Scheme; to promote health care of cattle; to appoint such Agricultural
Cattle Welfare Officers who shall work for implementation of the Madhya Pradesh
Pashu Parirakshan Adhiniyam, 1959 and to take action which shall include detention
and search of agricultural cattle, detention and search of vehicles, seizure of
agricultural cattle and take them into custody and initiate prosecution proceedings;…
20. We may clarify that the Cattle-Trespass Act, 1871 stood partly amended
by virtue of the Jan Vishwas (Amendment of Provisions) Act, 2023
69
. We may
reiterate that there are other provisions dealing with care and maintenance of
bovines, and their activities. The Cattle Trespass Act, 1871 which stood
amended as above deals with the protection and preservation of public
property and issuance of permits in the forest areas; The Prevention and
Control of Infectious and Contagious Diseases in Animals Act, 2009; The
Prevention of Cruelty to Draught and Pack Animals Rules, 1965; Prevention
of Cruelty to Animals (Slaughter House) Rules, 2001; The Prevention of
Cruelty to animals (Registration of Cattle Premises) Rule 1978; The Bhartiya
Nyaya Sanhita 2023 deals with health and upkeep of animals.
The Department of Animal Husbandry and Dairying (AH&D), one of the
Departments of the newly created Ministry of Fisheries, Animal Husbandry &
Dairying, Government of India, has issued a Programme termed as ‘The
National Livestock Mission (NLM), enabling setting up of centres of different
nature and kind including incentivising livestock insurance. The Programme
is implemented under the State Animal Husbandry Department and various
agencies.
21. We have already touched upon the issue of animals being let go as their
utility dwindled. In a perfect world, this would not be the case. All those who
have chosen to bring an animal home shall see to it that they are looked after
for their whole life. But the reality is that we live in a deeply flawed, human
69
Act 18 of 2023 as amended up to Act 8 of 2026
C.A. No.(s)..../2026 @ SLP (C) No(s). 4663 of 2026 28
world. Perhaps it is a feature of this flawed world that, on the one end, we let
them roam about without caring for their safety, and, on the other, find it
deeply offensive if an individual uses them to secure a full stomach for himself
or his family. There is a clear distinction between pets and other animals. Most
of these animals that end up roaming on the streets/roads/National Highways
are of the latter kind, i.e., animals are reared for a particular purpose. Once
that purpose is achieved, or the output of the animal towards that purpose gets
reduced, they are let go. A Constitution Bench of this Court, speaking through
Sudhi Ranjan Das, CJ., in Mohd. Hanif Quareshi v. State of Bihar
70
,
recognized this issue. While keeping in view that these are observations are
from just 10 years after independence, we must appreciate the following:
“33. The presence of a large number of useless and inefficient cattle in
the midst of the good ones affect our agricultural economy in two ways.
In the first place — and this is the crux of the matter — this surplus
stock is pressing upon the scanty fodder and feed resources of the
country and is an obstacle to making good the deficit. As pointed out by
the expert Committee Report at p. 59 the greatest handicap in improving
our cattle wealth is the lack of resources in feeding them. Any effort to
improve cattle will fail unless they are properly fed…
34. With a large population of animals in which the majority is not
yielding adequate and prompt returns to the owners, the animals are
naturally allowed to fend for themselves and to subsist on whatever the
agriculturist is able to provide from his scanty sources for the
maintenance of his stock. Naturally, therefore, the problem of
substantial percentage of uneconomical cattle has cropped up along
with that of stray, wild, old, diseased and uneconomical animals. These
old and useless animals roaming about at pleasure in search of food are
a nuisance and a source of danger in the countryside. They grow wild
and become a menace to the crop production. As pointed out by the
Report of the Expert Committee, the danger was actually seen by the
members of that Committee in Pepsu where, it is significant to note, the
slaughter is banned completely.
35. The presence of a large number of old and useless animals also has
a bad effect on the quality of the breed. There is a tendency for this
population to multiply and bring into being progeny of a very inferior
kind which is bound to adversely affect the production of milk or
bullock power. It is absolutely necessary that this surplus cattle should
be separated from the good and robust animals and a total ban on
70
1958 SCC OnLine SC 176
C.A. No.(s)..../2026 @ SLP (C) No(s). 4663 of 2026 29
slaughter of cattle and buffaloes will contribute towards worsening the
present condition.
…
42. To summarise : The country is in short supply of milch cattle,
breeding bulls and working bullocks. If the nation is to maintain itself
in health and nourishment and get adequate food, our cattle must be
improved. In order to achieve this objective our cattle population fit for
breeding and work must be properly fed and whatever cattle food is
now at our disposal and whatever more we can produce must be made
available to the useful cattle which are in presenti or will in futuro be
capable of yielding milk or doing work. The maintenance of useless
cattle involves a wasteful drain on the nation's cattle feed. To maintain
them is to deprive the useful cattle of the much needed nourishment.
The presence of so many useless animals tends to deteriorate the breed.
… Preservation of useless cattle by establishment of Gosadans is not,
for reasons already indicated, a practical proposition. Preservation of
these useless animals by sending them to concentration camps to fend
for themselves is to leave them to a process of slow death and does no
good to them. On the contrary, it hurts the best interests of the nation in
that the useless cattle deprive the useful ones of a good part or the cattle
food, deteriorate the breed and eventually affect the production of milk
and breeding bulls and working bullocks, besides involving an
enormous expense which could be better utilised for more urgent
national needs.”
(emphasis supplied)
22. The issues highlighted herein can be safely said to have only increased
given the boom in population, the betterment of medical facilities for animals and
also the increasing fragmentation of land leading to smaller parcels of ownership
with farmers/dairymen.
23. There is an additional scenario that needs to be discussed. The discussion
above is limited to those animals that are allowed to be let go, but there are also
those animals who are still high on utility, but are let out for the day to graze and
forage for food. They too can cause the kind of incidents with which we are
concerned. Who will be responsible then? Not all farmers and dairymen possess
the wherewithal to be feeding all the animals in their possession. In some cases
they are hardly able to make ends meet and secure two square meals a day. Section
289 of the Indian Penal Code, 1860 and Section 291 in the corresponding new
Code, provide that if a person is unable to take steps to protect human lives from
C.A. No.(s)..../2026 @ SLP (C) No(s). 4663 of 2026 30
harm being caused by animals in their care, they may pay a fine or be imprisoned.
But does that answer the call of need from the injured or the family of the
deceased?
24. A partial answer to the question raised by us above is provided for by the
Punjab Municipal (Registration and Proper Control of Stray Animals) Bye-Laws,
2006 dated 26
th
May 2006 published in Part IB of the Punjab Government
Gazette, which provides for the establishment of a fund under Rule 10(b) for
payment of compensation to the victims of stray cattle. It does not, however,
quantify any amount. Similar bye-laws were brought in by the Punjab
Government on 12
th
October 2020. These bye-laws, in clause 13, postulated for
the concerned Committee/Corporation to give Rs.1 lakh compensation in case of
death and amount proportionate to Rs.1 lakh relating to the percentage of certified
disability vide another Notification dated 13
th
June 2023. This amount to be
received as compensation on death was enhanced to Rs.5 lakhs and for permanent
incapacitation, the amount to be received is Rs.2 lakhs.
25. Obviously, in the present case, neither of the latter two Rules can apply.
Since the 2006 Rules established a fund but do not quantify an amount, the
question of the amount to be paid to the appellants remains unanswered. The
method adopted by the learned Single Judge, which applies the standard under
the MV Act, cannot be accepted as being applicable as a matter of rule in every
case. For incidents from 2020 onwards, an amount stands computed, and so, the
ambiguity stands only with regard to cases prior thereto. Those cases can be
decided in the attending facts thereof. Considering the long time that this matter
has been pending and the severe injury with which the deceased lived prior to his
passing, we deem it appropriate to award a lump sum of Rs.15 lakhs. The amount
to be remitted within four weeks. This order has been passed in the attending facts
and circumstances of the case and shall not be treated as a precedent.
C.A. No.(s)..../2026 @ SLP (C) No(s). 4663 of 2026 31
26. In view of the above discussion, having noted that accidents with a direct
and proximate bovine cause are not few and far between, we make few
suggestions to the Centre and State Government(s) for consideration and
implementation:
26.1 All States that have enacted their own laws pertaining to cattle should
take steps to ensure complete and immediate implementation thereof in
letter and spirit;
26.2 Necessary amendments may be carried out or rules promulgated, as
is deemed fit by the competent authority, to develop a mechanism for
payment of compensation in accidents caused as a result of bovine/cattle,
in both categories of cases i.e., pedestrian or vehicular;
26.3 Tagging of all animals be mandated. This furthers the ability to keep
track of them, ensuring their long-term health service, linking to veterinary
check-ups and vaccinations;
26.4 The reality of animals being let go after they cease to serve a useful,
economic purpose cannot be denied. The owners choosing to make such a
decision should be held responsible and ensure safe transfer of such
animals to the shelters run by the appropriate authority. The authorities at
such shelters should issue a receipt acknowledging such transfer and cause
the details of such animal to be entered/altered in the database of tagging;
26.5 In order to ensure that the tagging, digitisation of records and
smooth running of these shelters is duly undertaken, the authorities may
depute a particular officer in every Corporation/Department who shall be
the nodal officer for such purpose.
C.A. No.(s)..../2026 @ SLP (C) No(s). 4663 of 2026 32
Copy of this judgment be sent to all the Chief Secretaries of the
States: Administrators of all the Union Territories and Member Secretary
of the State Legal Services Authority for taking appropriate action.
27. Consequently, the present appeal is allowed. Pending application(s), if any,
shall stand disposed of. No costs.
..……………………………………………J.
(SANJAY KAROL)
...……………………………………………J.
(NONGMEIKAPAM KOTISWAR SINGH )
New Delhi;
July 31, 2026
Login with google
Legal Notes
Add a Note....