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PIL seeking ban on cow slaughter rejected

New Delhi: The Supreme Court has rejected a public interest litigation petition seeking a direction to the Centre and the States to impose a total ban on slaughter of cows, buffaloes and horses.

According to the petition filed by Bal Ram Bali, cow is being regarded by Hindus as a divine mother and its slaughter should be banned to show respect to the religion and its followers of all sects.

Similarly slaughter of buffaloes should be banned as a mark of gratitude by Hindus for drinking her milk and since buffalo is regarded sister of mother cow.

Slaughter of horses should be banned since it is prohibited as per the Vedic tradition.

Dismissing the petition, a Bench consisting of Justice G.P. Mathur and Justice P.K. Balasubramanyan said: “It is not within the domain of the court to issue a direction for ban on slaughter of cows, buffaloes and horses as it is a matter of policy on which decision has to be taken by the Government. That apart, a complete ban on slaughter of cows, buffaloes and horses, as sought in the present petition, can only be imposed by legislation enacted by the appropriate legislature. Courts cannot issue any direction to Parliament or to State legislature to enact a particular kind of law.”

Writing the judgment Justice Mathur said “under our constitutional scheme Parliament exercises sovereign power to enact laws and no outside power or authority can issue a direction to enact a particular piece of legislation.

Similarly, when an executive authority exercises a legislative power by way of a subordinate legislation pursuant to the delegated authority of a legislature, such executive authority cannot be asked to enact a law which it has been empowered to do under the delegated legislative authority.”

“In view of the aforesaid legal position, we are of the opinion that this court cannot grant any relief to the petitioner as prayed for, in the writ petition,” the Bench said.

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