MADURAI: Holding that introduction of regulations for testing bovines prior to mating through natural service would not amount to violation of any existing laws or rules, the Madurai Bench of Madras High Court has dismissed a Public Interest Litigation (PIL) that challenged various provisions of the Tamil Nadu Bovine Breeding Act, 2019.
A bench of justices N Sathish Kumar and M Jothiraman passed the order recently on the PIL filed by S Venkatesh, who alleged that the Act has been brought without any scientific study.
Section 12(10) of the Act, which mandates elimination of animals that are declared or certified 'unfit' for breeding, is ethically and morally wrong and violates the fundamental rights of the farmers who depend on the animals for livelihood, Venkatesh said. He also claimed that the state, through the Act, is attempting to wipe out indigenous species.
The compulsory pre-registration of bulls before mating, which requires obtaining numerous certificates for each bull, violates the rights of the parties, he further said, adding that the objective of the Act is artificial insemination and preservation of semen of bulls and not to regulate natural reproduction among the animals.
However, the judges observed that mere requirement for the production of a breeding soundness certificate, a disease-free certificate, and a vaccination certificate for the bull, particularly an indigenous bull used for natural service (mating with females), cannot lead to the conclusion that the entire Act is ultra vires.
Rather, the continuous allowance of mating without any restrictions would lead to serious consequences, such as the spread of diseases and deterioration in the health of animals, they pointed out.
They also took note of State's clarification that the word 'elimination' does not mean the destruction or killing of the animal, but merely the removal of such a bull from use, i.e., from continuous mating. The additional advocate general, representing the State, also contended that the regulations were introduced solely to prevent the transmission of zoonotic and sexually transmitted diseases among bovines.
Recording this, the judges held that the Act does not violate any provisions of the Prevention of Cruelty to Animals Act, 1960 or the Constitution of India and dismissed the petition.