U’khand HC is legal guardian of cows in state
Vineet.Upadhyay@timesgroup.com
Nainital:14.08.2018
In the first ruling of its kind in the country, the Uttarakhand high court invoked the ‘parens patriae’ clause (becoming a legal protector) for “the welfare of cows and other stray cattle in Uttarakhand.” By invoking this provision, the court declared itself a legal guardian of members of the bovine family across the state. The court’s order was delivered on August 10 but a certified copy was available on Monday.
A division bench comprising of Chief Justice Rajiv Sharma and Justice Manoj Kumar Tiwari in a detailed 41-page order spelled out steps for the protection of cows in the state. Citing various references in its order, including Supreme Court rulings, excerpts from upanishads and arthashastra as well as teachings of Jainism and Buddhism and quotes of Mahatma Gandhi and the Dalai Lama to stress the importance of caring for animals, the judges gave a series of directions to the state government.
These included “ensuring the banning of slaughter of cow, bull, bullock, heifer or calf, prohibition on selling of beef or beef products in any form throughout the state, providing medical treatment to all the stray cattle, appointing infirmaries within a period of three weeks in order to treat and take care of animals, evicting all unauthorised occupants/encroachers from gaushalas within a period of three months and ensuring adequate patrolling by state police in rural areas once in 24 hours to ensure that no cow is slaughtered.”
“A special squad is ordered to be headed by an officer not below the rank of deputy superintendent of police in both commissionaries that is Kumaon and Garhwal with one veterinarian to protect cows,” the judges said.
The court ordered cases to be registered under sections 289, 428 and 429 of the IPC as well as various provisions of the Prevention of Cruelty of Animals Act, 1960 and Section 7 of the Uttarakhand Protection of Cow Progeny Act, 2007, against the owners of any cattle which are found on the streets. The court further directed chief engineers of all national and state highways to ensure that no stray cattle comes on roads.
New CJ gave Ganga living status
Nainital:
Justice Rajiv Sharma, who delivered landmark orders such as granting living entity status to Ganga and the animal kingdom, was appointed the acting chief justice of the Uttarakhand high court. Justice Sharma was appointed the acting CJ last week. Born in October 1958, Justice Sharma has so far heard more than 75,000 cases. After joining the Himachal Pradesh high court in 2002, he was appointed additional judge of the high court in April 2007 and became a permanent judge in March 2013. He was then transferred to Uttarakhand HC where he assumed office in September 2016. TNN
Vineet.Upadhyay@timesgroup.com
Nainital:14.08.2018
In the first ruling of its kind in the country, the Uttarakhand high court invoked the ‘parens patriae’ clause (becoming a legal protector) for “the welfare of cows and other stray cattle in Uttarakhand.” By invoking this provision, the court declared itself a legal guardian of members of the bovine family across the state. The court’s order was delivered on August 10 but a certified copy was available on Monday.
A division bench comprising of Chief Justice Rajiv Sharma and Justice Manoj Kumar Tiwari in a detailed 41-page order spelled out steps for the protection of cows in the state. Citing various references in its order, including Supreme Court rulings, excerpts from upanishads and arthashastra as well as teachings of Jainism and Buddhism and quotes of Mahatma Gandhi and the Dalai Lama to stress the importance of caring for animals, the judges gave a series of directions to the state government.
These included “ensuring the banning of slaughter of cow, bull, bullock, heifer or calf, prohibition on selling of beef or beef products in any form throughout the state, providing medical treatment to all the stray cattle, appointing infirmaries within a period of three weeks in order to treat and take care of animals, evicting all unauthorised occupants/encroachers from gaushalas within a period of three months and ensuring adequate patrolling by state police in rural areas once in 24 hours to ensure that no cow is slaughtered.”
“A special squad is ordered to be headed by an officer not below the rank of deputy superintendent of police in both commissionaries that is Kumaon and Garhwal with one veterinarian to protect cows,” the judges said.
The court ordered cases to be registered under sections 289, 428 and 429 of the IPC as well as various provisions of the Prevention of Cruelty of Animals Act, 1960 and Section 7 of the Uttarakhand Protection of Cow Progeny Act, 2007, against the owners of any cattle which are found on the streets. The court further directed chief engineers of all national and state highways to ensure that no stray cattle comes on roads.
New CJ gave Ganga living status
Nainital:
Justice Rajiv Sharma, who delivered landmark orders such as granting living entity status to Ganga and the animal kingdom, was appointed the acting chief justice of the Uttarakhand high court. Justice Sharma was appointed the acting CJ last week. Born in October 1958, Justice Sharma has so far heard more than 75,000 cases. After joining the Himachal Pradesh high court in 2002, he was appointed additional judge of the high court in April 2007 and became a permanent judge in March 2013. He was then transferred to Uttarakhand HC where he assumed office in September 2016. TNN
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