Expressing concern over the increasing number of road accidents involving stray cattle, the Supreme Court on Friday called upon the Union and state governments to strengthen enforcement of existing laws and evolve a comprehensive mechanism to prevent such incidents while providing compensation to victims.
A bench of justice Sanjay Karol and justice N Kotiswar Singh observed that accidents caused by stray bovines have become a recurring phenomenon across the country and require a coordinated policy response rather than being treated as isolated incidents.
"They are not meant to be natural speed breakers, placed willy-nilly on the National Highways, roads and streets," the bench remarked while dealing with an appeal arising from the death of a Punjab resident who was fatally injured after being attacked by a stray bull.
The Court noted that official data reflects more than 1,300 deaths every year in recent times due to attacks by animals, underlining the urgency of addressing the growing stray cattle problem, which endangers both human beings and animals.
Allowing the appeal filed by Nisha, the widow of Vijay Kumar, the Court awarded a lump sum compensation of ₹15 lakh and directed that the amount be paid within four weeks. It clarified that the relief was being granted in the peculiar facts and circumstances of the case and should not be treated as a precedent.
The bench overturned a Punjab and Haryana High Court judgement that had asked the family to pursue a civil suit after setting aside an earlier order granting compensation. The Supreme Court held that compelling the widow to initiate fresh litigation nearly two decades after the incident would effectively leave her without an effective remedy.
"Considering the long time that this matter has been pending and the severe injury with which the deceased lived prior to his passing, we deem it appropriate to award a lump sum of ₹15 lakh," the Court said.
The case relates to an incident in 2007 in Sangrur (Punjab) where Vijay Kumar sustained grievous injuries after being attacked by a stray bull. He later succumbed to the injuries.
While examining the broader issue, the Court reviewed the constitutional and statutory framework governing animal welfare, including Articles 48 and 51A(g) of the Constitution, the Prevention of Cruelty to Animals Act, 1960, the Cattle Trespass Act, 1871, and various state legislations dealing with cattle preservation, gaushalas and animal shelters.
The bench observed that although several States have enacted laws to regulate stray cattle and establish shelters, implementation has remained inadequate.
According to the Court, one of the principal reasons behind the growing menace is the abandonment of cattle after they cease to be economically productive. It said that while many owners may face financial constraints in maintaining ageing or unproductive animals, those who choose to rear cattle remain responsible for their welfare throughout their lives and must ensure that they are transferred to authorised shelters rather than abandoned on public roads.
The Court also pointed to the contradiction in society's approach towards cattle, observing that animals are often abandoned once they lose their economic utility, even as their use for food is strongly opposed in many quarters.
Recognising that accidents involving stray cattle are 'not few and far between', the SC issued a series of recommendations for consideration by the Union and state governments.
It suggested that all states should ensure the effective implementation of existing cattle-related laws. It also recommended that governments introduce an appropriate legal framework to compensate victims of bovine-related accidents involving both pedestrians and motorists.
Among its other recommendations, the Court proposed mandatory tagging of all cattle to facilitate identification, veterinary care, vaccination and digital record-keeping.
It further recommended fixing responsibility on owners who abandon animals after they cease to be economically useful. Such owners, the Court said, should ensure safe transfer of cattle to authorised shelters, with the receiving authorities issuing acknowledgements and updating the animal's details in a central tagging database.
To improve monitoring, the bench also suggested appointing a nodal officer in every corporation or department responsible for overseeing tagging, digitisation of records and the functioning of cattle shelters.
The Supreme Court directed that copies of its judgment be forwarded to the chief secretaries of all states, administrators of Union Territories (UTs) and member secretaries of the state legal services authorities for appropriate action on its recommendations.
