Madras High Court Upholds Tamil Nadu Bovine Breeding Act to Prevent Health Deterioration
The Madras High Court has made a significant observation regarding the health of indigenous bovine breeds in Tamil Nadu. The court stated that when farmers use these breeds for natural mating indiscriminately and continuously for commercial purposes, it can lead to serious health deterioration across the entire population. This ruling came as the court dismissed a public interest litigation (PIL) that challenged various provisions of the Tamil Nadu Bovine Breeding Act, 2019.
Court's Rationale and Key Observations
A division bench comprising Justice N Sathish Kumar and Justice M Jothiraman emphasized that the primary objective of the Act is to prevent the transmission of diseases resulting from unregulated mating. The bench noted that allowing continuous mating without any restrictions could have severe consequences, including the spread of diseases and a decline in the overall health of the animals. The judges clarified that regulations requiring testing of animals before natural service, particularly for indigenous breeds, do not violate the Prevention of Cruelty to Animals Act, 1960.
Details of the PIL and Petitioner's Arguments
The PIL was filed in 2020 by S Venkatesh, who argued that the Act was implemented without any scientific study. The petitioner specifically challenged Section 12(10) of the Act, which mandates that animals declared unfit for breeding must be eliminated by the farmer. Additionally, Section 12 of the Act regulates natural mating and breeding of animals, including bovines, under the premise of breeding only fit animals approved by the state.
Venkatesh contended that these provisions are an attempt to circumvent existing laws to benefit corporations and destroy individual livestock holdings, thereby impacting livelihoods. He argued that the Act violates the Constitution, the Prevention of Cruelty to Animals Act, 1960, the Biological Diversity Act, 2002, and the Environment (Protection) Act, 1986.
State's Defense and Scientific Basis
In response, the state government submitted that the Act is grounded in scientific reasoning and is designed to be inclusive. It supports breed preservation, conservation, and ensures a healthy livestock population that can live in harmony with human beings. The state highlighted that the regulations impose necessary restrictions to maintain animal health and prevent disease transmission.
Clarification on Key Provisions
The court addressed concerns about Section 12(10), which states that a male bovine declared unfit for breeding or infected with disease shall be eliminated by the farmer in a prescribed manner. The judges clarified that the term elimination does not imply destruction or killing of the animal. Instead, it refers to the removal of such a bull from continuous mating to prevent disease spread.
The main goal of the Act is to prevent disease transmission from unregulated mating. To achieve this, the state has introduced regulations that require testing of bulls before their use in natural service. This includes mandating three certificates from a veterinarian: a breeding soundness certificate, a disease-free certificate, and a vaccination certificate.
Court's Final Decision and Implications
The division bench concluded that such restrictions do not violate any provisions of the law or the Constitution. In fact, they protect the health of both bulls and cows. The judges emphasized that these measures are essential for maintaining a healthy livestock population and supporting sustainable farming practices. Consequently, the court dismissed the petition, upholding the Tamil Nadu Bovine Breeding Act, 2019, as a necessary step to safeguard animal health and prevent health deterioration in indigenous bovine breeds.
