In Writ Petition (Civil) No. 872 of 2022 -SC- Supreme Court recognizes states' efforts to combat lumpy skin disease in cattle; Concludes proceedings
Justice Surya Kant & Justice Dipankar Datta [20-11-2023]

Read Order: Ashutosh Bansal V. Union of India & Ors

Chahat Varma

New Delhi, November 29, 2023: In a positive development for animal welfare, the Supreme Court has acknowledged the efforts taken by various states to prevent and control the spread of Lumpy Skin Disease (LSD) among cattle.

The Court's decision came in response to a petition filed by a social activist seeking a writ of mandamus directing the Government of India to take more comprehensive measures to protect cows and cattle from LSD. The petitioner had also requested the Court to mandate the formulation of policies addressing the spread of LSD and promoting sustainable programs for indigenous cows.

On 31.10.2022, a notice was issued to the Government of India with the specific purpose of ascertaining whether the Union of India had developed a National Health Plan to prevent and address the epidemic of Lumpy Skin Disease Virus (LSDV) among cows and other cattle.

In their counter-affidavits, both the Union of India and the Animal Welfare Board of India asserted that the matter in question fell under the jurisdiction of the states. They further mentioned that they have issued guidelines and policy circulars from time to time, whereunder around 8.16 crore cattle have since been vaccinated.

Additionally, the states of Rajasthan, Maharashtra, Madhya Pradesh, Gujarat, Haryana, Punjab, and the Government of NCT of Delhi submitted their respective counter-affidavits, detailing the measures they have taken to prevent the spread of the LSDV among cows. They also outlined the allocation of funds for cattle vaccination.

Following a comprehensive review of the submissions, the division bench, comprising of Justice Surya Kant and Justice Dipankar Datta, expressed satisfaction with the measures taken by the states. They noted that all states had taken measures, such as, timely treatment of infected cows, preventing the spread of LSDV, vaccination of cows and other animals, disinfection of urinal areas, minimal transportation of animals with health checkups, establishment of test laboratories, and the constitution of Animal Welfare Boards/Committees to implement guidelines and policy circulars.

In light of these developments, the bench decided to close the proceedings, while also offering the petitioner the liberty to approach the Central or State Governments in the future for any related concerns.

The Court further granted the petitioner the liberty to submit a comprehensive representation to the Union of India, focusing on policies for sustainable programs for indigenous cows, utilization of cow urine and dung, and proper implementation and coordination of Pashu Aadhar numerical database.

With the above observations, the present writ petitions were disposed of.