On 29th December 2022, the Telangana High Court directed the state government to provide appropriate finances for gaushalas through the State Animal Welfare Board, emphasising that looking after and maintaining gaushalas is largely the administrative role of the state.
This order was issued by a bench of Chief Justice Ujjal Bhuyan and Justice C. V. Bhaskar Reddy in response to a PIL filed by Bharatiya Prani Mitra Sangh. The PIL was seeking direction to the state government to provide green grass, feed, and fodder, as well as medicines for cows and other animals housed in state gaushalas, and to allocate funds for the same.
The State Government informed the Court in a counter-affidavit that there are about 136 gaushalas in Telangana with 38,229 cattle. In Hyderabad city, there are roughly 40 gaushalas that contain approximately 25,000 cattle.
The government also briefed the Court that gaushalas are usually set up by any person, trust, board, NGO, etc., and are supported by revenues obtained through donations, etc., and that whenever the government was contacted, the gaushalas were provided with veterinary aid for the treatment of cattle in addition to fodder, seed, and so on.
The State Government also told the High Court that Telangana State strictly enforces the terms of the Telangana Prohibition of Cow Slaughter and Animal Preservation Act, 1977. The State Government also underlined that its animal husbandry department provides vital services to livestock, especially animals in gaushalas.
The Court emphasised that the state has a duty to maintain cows and calves, which are commonly housed in gaushalas, taking into account the claims made by the state government and the obligation of Article 48 of the Indian Constitution.
The Telangana State Animal Welfare Board was established by the Telangana government on April 30, 2019, for a term of three years. Its purpose is to assist gaushalas and other animal shelters operating in the state and to provide advice on how to enhance their operations. The State Animal Welfare Board’s tenure had not been extended and the aforementioned three years had passed, the Court observed.
The High Court said in its order, “Either reconstitute Telangana State Animal Welfare Board or extend its constitution for such period as may be deemed necessary. Instead of leaving it to the Board to earn the funds for itself, the State should provide adequate financial assistance to the Board so that it can maintain, manage and look after the gaushalas functioning in the State of Telangana.”
The High Court further said, “It is primarily the executive function of the State to look after and maintain gaushalas, therefore, the State should provide adequate funds to the gaushalas through the board.” The PIL plea was dismissed with a statement that it hoped and trusted the State would take the necessary action in this respect.
