Team Blitz India
NEW DELHI: The Delhi High Court has refused to direct the Centre to impose a “total prohibition” on slaughter of cows and its progeny, saying it is for the legislature to decide as it is the competent authority.
A Bench of Chief Justice Satish Chandra Sharma, while dealing with a public interest litigation, noted that there is already a ban in respect of cow slaughter in the National capital pursuant to a law enacted by the city government.
It said for other states, the petitioner was free to take appropriate steps in light of a Supreme Court decision.
Can’t compel legislature
“The Supreme Court observed that only a competent legislature can decide such questions arising in relation to prohibition of slaughter of cow and its progeny, and the Supreme Court, in exercise of its writ jurisdiction, cannot compel the legislature to promulgate a particular legislation. The court ultimately left it to the appellants in the case to approach the legislature,” said the Bench, also comprising Justice Sanjeev Narula.
The court said, “There is already an Act in force in the State of Delhi which provides for ban on slaughter of cattle.”
The petitioner had prayed for a direction to the Centre for a “total prohibition” on the “slaughter of cow and its progeny which includes old-useless bulls, bullocks and old buffaloes and male counterpart, without any further delay”.
In light of the apex court’s order, the high court said the petitioner “cannot press for the reliefs sought in this petition”.
Centre’s submission
The Centre submitted that all the states and Union territories have enacted legislation to restrict/ban slaughter of cows and its progeny, except five states and one Union Territory-Arunachal Pradesh, Kerala, Meghalaya, Mizoram, Nagaland, and Lakshadweep.
It further said the legislative competence with respect to the issue in the present case lies with the state governments and in respect of Delhi, the prohibition on slaughter of cows is already in force through the Delhi Agricultural Cattle Preservation Act, 1994.
