In a unique ruling, the Uttarakhand high court on Monday, 13 August, declared itself the legal guardian of cows in the state by invoking the 'parens patriae' doctrine, the Hindustan Times reported.
‘Parens patriae’ is Latin for 'parent of the country', a power that can be invoked by the State regarded as sovereign to provide protection to those unable to care for themselves.
While the order was passed by the court on Friday, the written order was issued on Monday.
In its 40-page order, the court also issued 31 directions to the state government, and ordered for cow shelters to be set up for every cluster of 25 villages. It also recommended that cases be registered against those who abandon their cattle.
The court directed officials of civic bodies in the state to “patrol the rural areas once in 24 hours to ensure that no cow is slaughtered”. Further, the court directed that owners of cattle be prosecuted if the cattle are “found on the streets, roads and public places”, The Indian Express reported.
The bench, comprising Acting Chief Justice Rajiv Sharma and Justice Manoj Kumar Tiwari, cited animal welfare law and Hindu religious texts to convey that animal welfare was a part of “moral development of humanity," the Hindustan Times report stated.
The judges stressed on the compassionate treatment of animals, stating that no pain or agony should be caused to living beings. While taking recourse to Hindu mythology, the court observed that:
No pain or agony should be caused to the animals. Cruelty to animals also causes psychological pain to them. In Hindu mythology, even animal is associated with god. Animals breathe like us and have emotions. They require food, water, shelter, normal behaviour and medical care.As quoted by Times of India
"The court’s directions came while hearing a public interest litigation filed by a local farmer, alleging the slaughter of abandoned cows and bulls in Haridwar district, the Times of India report said.
The PIL alleged that the license of the slaughter house had expired, but the owner was continuing with open slaughter.
In July, the Uttarakhand high court had declared entire the animal kingdom a legal entity with rights.
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