Madras High Court
Dr.S.Venkatesh vs The State Of Tamilnadu
Author: N.Sathish Kumar
Bench: N.Sathish Kumar
W.P.(MD)No.6328 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
RESERVED ON : 16.03.2026
DELIVERED ON : 24.03.2026
CORAM:
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
AND
THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN
W.P.(MD)No.6328 of 2020
and
W.M.P.(MD)No.5559 of 2020
Dr.S.Venkatesh ... Petitioner
Vs.
1. The State of Tamilnadu,
Rep by its Chief Secretary,
Secretariat, Fort St.George,
Chennai-600 009.
(R1 Cause Title Deleted Vide Court
Order Dated 05.08.2021 in W.M.P(MD).9104/2021)
2. The Secretary,
The Department of Animal Husbandry
Dairying and Fisheries,
Secretariat, Fort St George,
Chennai-600 009.
3. The Director,
Directorate of Animal Husbandry and
Veterinary Service, DMS Complex,
3rd Floor Block 2, Anna Salai,
Teynampet, Chennai-600 018.
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4. The Secretary to Government,
Law Department,
Secretariat, Fort St George,
Chennai-600 009. ... Respondents
PRAYER:- Writ Petition filed under Article 226 of the Constitution of
India praying to issue a Writ of Declaring, declaring that Sections 3(g),
11, 12(1), 12(2), 12(3), 12(4), 12(5), 12(6), 12(7), 12(8), 12(9), 12(10),
12(11), 12(12), 17(1), 18(i), 18(ii) and 20(5) of the Tamil Nadu Bovine
Breeding Act 2019 as illegal, arbitary, unscientific and ultra vires the
Constitution of India along with other Acts promoting animal welfare
and strike them down.
For Petitioner : Dr.S.Venkatesh,
Party-in-person
For Respondents : Mr.Veera Kathiravan,
Addl. Advocate General,
Assisted by Mr.A.Kannan,
Addl. Govt. Pleader for R2 to R4
ORDER
(Order of the Court was made by N.SATHISH KUMAR, J.)
This Writ Petition has been filed challenging the constitutional
validity of various provisions of “the Tamil Nadu Bovine Breeding Act
2019” (hereinafter referred to as “the said Act”), more particularly
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Sections 3(g), 11, 12(1), 12(2), 12(3), 12(4), 12(5), 12(6), 12(7), 12(8),
12(9), 12(10), 12(11), 12(12), 17(1), 18(i), 18(ii) and 20(5) of the Act.
2. According to the petitioner, those provisions are
unconstitutional, contrary to the provisions of law. The said provisions
are mainly violative of provisions of Section 3 and 11 (1) of the
Prevention of Cruelty to Animal Act, 1960 and Biological Diversity Act,
2002, particularly Section 36 read with the Preamble to the said Act, the
Environment (Protection ) Act, 1986 and also various provisions of the
Constitution of India. The petitioner, claims to be a freelance educator
and qualified ISO Lead Auditor, has filed this Writ Petition with the
above said prayer.
3. It is the main contention of the petitioner is that the said Act
has been brought without any scientific study. Section 12(10) of the said
Act mandates that animals that are declared/certified “unfit” for breeding
shall be eliminated by the farmer. According to the petitioner, this is in
direct violation of the provisions of the Constitution of India, particularly
fundamental rights of an individual to pursue any trade or profession of
his choice. The said Act seeks to eliminate animals even when they are
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held by private individuals for their daily livelihood. Further Section 12
of the said Act also mandates that the State will regulate natural mating
and breeding of animals including bovines under the guise of breeding
only fit and animals approved by the State alone. This in essence is an
attempt to circumvent the provisions of law to benefit corporations and
destroy individual holding of animals of their livelihood, which is not
only illegal, arbitrary, unscientific, bizarre and strange, it is downright
ethically and morally wrong.
4. It is the further contention of the petitioner is that the
primary objective of the Act appears to regulate artificial insemination in
animals as well as preservation of semen samples for future breeding in
animals. Reproduction is the basic biological need as well as urge of all
living being save and except mono-sexual organisms, which lead to
extinction of the said species. Till date, species have become extinct
either due to excess hunting or due to natural elimination of such species.
However, by the present said Act, the State of Tamil Nadu is attempting
to play the role of a God. If the present action are directed to preserve
species for posterity or future generations, then the same ought to be
applauded.
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5. However, by the present legislation, the State is making
attempts to wipe out indigenous species, which may not find useful and
order their elimination, thereby causing their extinction. The compulsory
pre-registration of bulls, if it were to ever mate with a cow and also
requires obtaining of numerous certificate for every bull, violates the
rights of the parties. The rearing and management of animals is an age-
old tradition and farming communities are well-versed in the upkeep of
animals. Hence, it is his contention that the Act is aimed for dealing with
the aspects of artificial insemination as well as preservation of semen’s
from such bulls and not to cover any aspect of natural production
amongst the animals.
6. It is the further contention of the petitioner is that the
provisions of the Act are advocating an unscientific approach whose ill
effects have already adversely affected by various western countries and
has been reported on a large scale and they are thinking about
alternatives and going back to organic and natural way. Under the
impugned provisions, Bovine breeding through natural service shall be
restricted to only indigenous breeds, which is unscientific, arbitrary,
discriminatory and in addition, detrimental towards the biological
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diversity in general and our native breeds in particular. From cattle
population census, it is obvious that entire population does not belong to
the “indigenous breeds” category, only a minor fraction of the population
falls under this category. The majority of the population comes from
other types namely exotic breed, cross breed and graded breed. Such a
restrictive and discriminatory provision prohibiting the natural mating
and needs of animals is to say the least, travesty of natural justice and
violation of Prevention of Cruelty to Animal Act, 1960. Hence, the
petitioner has filed this Writ Petition.
7. It is the contention of the respondent that the said Act are
based on scientific reasoning and the said Act is inclusive and support
breed preservation, conservation and ensures a healthy livestock
population, which live in harmony with human beings. The said Act is a
culmination of a series of deliberations among domain experts and other
stakeholders based on established scientific principles and practices and
as such, there is no violation of any of the existing laws and rules framed
thereof. It is stated that collective wisdom of the Stage sought to be
challenged in this Writ Petition.
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8. It is also stated that the said Act does not in any way
influence the livestock farmers in continuing with their avocation. There
is no attempt on the part of the Government to alter the way, in which the
farmers maintain their livestock. The said Act only ensures that the
animals maintained by the farmers in their own traditional management
practices are bereft of any pathogens that would affect their productivity.
It is the responsibility of the Government to ensure that all the livestock
maintained by the farmers, entrepreneurs and traders are disease free and
any factor that affect their health are recognized and eliminated, so that
their productivity is not affected.
9. In that direction, the Government is well within its means to
ensure that diseases are not harboured, incubated or transmitted from
animal to animal, species to species and from animal to human beings.
Necessary measures that are within the frame work of the Constitution of
India and on violative of the existing rules and regulations are taken with
the ultimate aim of improving livelihoods and economies of the farmers
by the State. There are many instances of zoonotic diseases like Rabies,
Anthrax, Brucellosis, Tuberculosis etc., that have affected human beings.
Diseases like Brucellosis, Trichomoniasis etc., are sexually transmitted
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diseases and the affected animal becomes a permanent carrier of the
disease. The affected cattle cannot produce the future progenies and
consequently is of no value to the farmers, as it becomes a burden to the
farmer. These are sexually transmitted diseases and any breeding may
inadvertently jeopardize the health of the cows and the human beings as
well.
10. Hence, only with the objective of preventing the
transmission of sexually transmitted diseases among bovines and
zoonotic diseases that Sub-section (10) of Section 12 has been included
in the said Act the word “elimination” has been conveniently
misinterpreted by the petitioner to mean killing while actually, it is
removing the animal from breeding, sub-section (10) of Section 12 does
not subscribe to elimination of such bulls that carry these infections, but
states that the male bovine declared unfit shall be eliminated by the
farmer in such manner as prescribed by Minimum Standards for
production of Bovine Frozen Semen by Government of India, which is
mere immediate isolation and removal from the herd.
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11. In the event of the infection being zoonotic and is
transmitted through semen, it cannot be castrated and can be used as
bullock not as a service bull for both natural service and Frozen semen
straws production. They have to be eliminated from the herd means that
the bull should not be used for Natural service or Artificial insemination.
The primary objective and intention of the Government is to ensure that
the bovines maintained by the farmers possess superior genetic traits for
productivity of milk and the bovine population to be free of diseases.
The said Act provides for not only artificial insemination, but also natural
services provided the bulls maintained by the farmers are free from
sexually transmitted diseases. When there are cows in estrum, the natural
tendency for the bull would be to perform the act of mating and while
doing so, may inadvertently transmit diseases which would jeopardize
the health of cows and hence, maintaining these bulls in a disease free
condition is of paramount importance.
12. Hence, it is denied that there is nothing in the said Act to
favour private corporate entities. Declaration of fitness of breeding bulls
has no complicit corporate linkups and it is a figment of the petitioner’s
imagination. Establishment and production of Frozen Semen stations are
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largely within the Government’s domain and there are only few private
organizations that are involved in semen production. Only the welfare of
poor farmers and general public are taken into consideration while
framing the said Act. In comparison with natural service, fewer males
are needed to artificially inseminate the same number of females and to
produce the same number of offspring.
13. However, the objective of eliminating sexually transmitted
diseases is important in natural service also. The breeding policy of the
State permits both Artificial insemination and natural service. The entire
process of artificial insemination, beginning from checking the breeding
soundness of the bulls from which semen is collected till the time the
finished product which is the Frozen Semen straw’s usage in the field on
a cow in estrum is regulated at appropriate levels. This principle is
common for all forms of reproductive technologies namely natural
mating, artificial insemination, embryo transfer technology or invitro
fertilization technique, since “a Bull is half the herd”, With a lot at stake
on the bull, it is important that the health status of the bull and the
breeding soundness is checked periodically, so that farmers do not suffer
due to inadequacies of the bull that mates their cows, which would
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ensure a considerable reduction in both genital and non-genital diseases
in the bovine population served by the bull. It is a natural phenomena
that male animals often grow to be larger than females and consume
relatively larger amounts of feed. Hence, only to prevent the diseases,
the Act has mandated that bulls shall be subjected to periodical testing
for breeding soundness. Ensuring fitness for breeding burs is important
in the conservation of indigenous breeds. Most farmers in Tamil Nadu
rear cows and bullocks (castrated bulls) whereas bulls are reared by a few
who are financially sound. Due to ignorance or wilfully, these breeders
driven by greed for money, exploit the gullible traditional farmers and
allow the bulls to mate many cows in a single day without observing
basic hygienic practices, thus making the cows vulnerable to sexually
transmitted diseases and zoonotic diseases.
14. Thus, testing bulls goes a long way in conserving the
indigenous germplasm. Tamil Nadu has the following native breeds of
cattle viz., Alambadi, Bargur, Kangeyam, Pulikulam, Umbalachery and
Toda Buffaloes that have been extensively used for draught purposes
over centuries. Among them, Kangeyam cattle are reared in Western
districts viz., Dindigul, Manakkal, Erode, Coimbatore, Tiruppur, Salem
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and Karur; Umblachery cattle in Eastern districts viz., Thanjavur,
Thriruvarur and Nagapattinam; Alambadi cattle in Western districts viz.,
Dharmapuri, Erode and Salem; Pulikulam cattle in Southern districts viz.,
Sivagangai, Madurai and Virudhunagar, Bargur cattle in Erode District
and Toda buffalo in The Nilgiris district. It is submitted that the State is
alive to the fact that human population explosion coupled with dwindling
land for agriculture has resulted in reduced availability of feed resources.
Mechanization of agriculture and introduction of various means of
transportation have reduced their utility and consequently their
population.
15. This has adversely affected the native breeds of animals
that are reared under conventional methods. In order to arrest this
depleting trend of native breeds, it is imperative to improve and conserve
this valuable germplasm. The genetic and molecular characterisation of
all native breeds of cattle, buffalo, sheep, goat and dog is undertaken in
collaboration with Tamil Nadu Veterinary and Animal Sciences
University and the National Bureau of Animal Genetic Resources, Karna.
In an effort to conserve and preserve native breeds, the Government of
Tamil Nadu is implementing a policy of maintaining all the native breeds
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of cattle at the Government farms and propagating them at their native
tracts. A DNA repository of all the characterized breeds of cattle native
to Tamil Nadu is maintained at Tamil Nadu Veterinary and Animal
Sciences University. Research Centres for development indigenous
breed of cattle have been established with funds sourced from the
Government of India. The State is more inclined towards preserving the
indigenous breeds of livestock.
16. The Acts that are considered as inhumane have been
specifically espoused in Sections 3 and 11 of the Prevention of cruelty to
Animals Act, 1960 as well as the Hon’ble Supreme Court in Animal
Welfare Board of India Vs. A.Nagaraja and others. Prevention and
Control of infectious and contagious diseases in Animals Act, is an Act to
provide for prevention, control and eradication of infectious and
contagious diseases affecting animals for preventing outbreak or
spreading of such diseases from one State to another and to meet the
international obligations of India for facilitating import and export of
animals and animal products and for matters connected therewith.
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17. The Tamil Nadu Bovine Breeding Act, 2019, mandates
possession of three certificates for every bull which is used for natural
service namely Breeding soundness certificate, free from diseases
certificate and vaccination certificate. These certificates will be given by
the Veterinarians at the door steps of the farmer itself. This is to make
sure that animals are free from diseases, such as zoonotic communicating
to human beings. The decision on the breeding bull shall be based on the
disease, its severity by the concerned veterinarian in accordance with the
provisions of The Prevention and Control of Tnfecttous and Contagious
Diseases in Animals Act, 2009. The regulation of Breedings bulls is
dealt with separately under Section 12 of the said Act. The minimum
Standards prescribed for Breeding bulls shall be binding for the bulls
used for natural service also as semen produced from the bulls have to be
free of disease causing pathogens.
18. Hence, it is the contention of the respondents that State has
a responsibility to protect all the animals from diseases and hence,
Breeding Soundness Certification of bulls is a step in that direction. The
artificial insemination programme in the State is conducted as per the
breeding policy of the State, which is revisited and redrawn from time to
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time depending on the population dynamics. Since 1970s, artificial
insemination in the State was followed using liquid semen. Further,
research and use of technology of preservation and storage of semen
resulted in Frozen semen technology which preserved the semen for
decades, the Frozen semen technology was adopted since 1980s and
during 1991, the Department of Animal Husbandry started using frozen
semen in all the veterinary institutions and sub centres. Exotic cattle
have superior productivity traits and native cattle have the traits of
disease resistance and heat tolerance, both of which have been developed
by cross bred cattle. Hence, there is a preponderance of cross breeds in
the State. Hence, the averments against the invasive artificial
insemination is far-fetched and devoid of truth. Hence, submitted that
the said Act does not infringe on the rights of animals and the said Act is
not in conflict with any of the provisions of the Constitution of India.
19. Though various provisions have been challenged in the
affidavit, during the submissions, the petitioner would submit that
Section 3(g) of the said Act violates the provisions of law, which
regulates natural service of bovine breeding. According to the petitioner,
the bovine includes cow, bull, bullock and buffalo. Section 12(1) of the
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Act stipulates that bovine breeding through natural service shall be
restricted to only indigenous breeds. Section 12(2) also stipulates that all
farmers shall register the male bovine with the person identified by the
Authority in such manner as may be prescribed. According to the
petitioner, the same are also violative. Further Section 12(5) stipulates
that all male bovine intended for natural service shall be identified with
ear tags as approved by the National Diary Development Board. Sub
Section 12(6) to 12(8) of the said Act also mandate possession of three
certificates for every bull which is used for natural service namely
Breeding soundness certificate, free from diseases certificate and
vaccination certificate, which is also restricted the farmers.
20. According to him, farmers are entitled to rear bulls and
cows, and since traditional bovine breeding through natural service has
long been practiced in the State, the imposition of restrictions by way of
an Act has curtailed the rights of farmers. Hence, it is his contention that
the very Act has been brought without any scientific study and only to
encourage the corporators and others. Therefore, according to him, the
said provisions are liable to be struck down as being ultra vires the
Constitution of India.
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21. The learned Additional Advocate General appearing for the
respondents would submit that the Act is brought based on the scientific
reasoning. The said Act is inclusive and supports breed preservation,
conservation and ensures a healthy and livestock population. The
primary object of the said Act is to control diseases and to prevent a
single bull from mating with multiple cows, as this may lead to the
spread of infections. The regulations under Section 12 of the said Act
were enacted solely to prevent the transmission of zoonotic and sexually
transmitted diseases among bovines, and accordingly, the possession of
three certificates viz., Breeding soundness certificate, free from diseases
certificate and vaccination certificate has been mandated.
22. Further, it is his contention that the said Act does not
violate any provisions of the Constitution of India and has been enacted
solely to regulate bovine breeding activities that include the use of
bovine bulls for production of semen, production, processing, storage
and distribution of bovine frozen semen and providing AI services to
bovines. He would further submit that the competence of the State to
legislate the Act has not been challenged in this Writ Petition. He also
contends that there is absolutely no violation in the enactment of the Act,
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which is primarily aimed at controlling the transmission of diseases
among native breeds. Though the petitioner has made ominous
allegations, the main challenge during submissions concerns Sections
3(g), 12(1), 12(2), 12(3), 12(4), 12(5), 12(6), and 12(10) of the said Act.
Therefore, it is relevant to extract the above said provisions of the said
Act.
23. Section 2 of the said Act reads as follows:
“2.Definitions. —In this Act, unless the context otherwise
requires, —
(a) “artificial insemination” or “AI” means the
process of depositing bovine semen in the body of the
uterus of a mature bovine female with the intention of
making it pregnant;
(b) “AI technician” means a person who
possesses requisite qualification, skill and experience to
perform artificial insemination in bovines, as may be
prescribed;
(c) "AI service provider" means any person
including a Firm, Limited Liability Partnership,
Company, Producer Company, Institution, Non-
Governmental Organisation, Breeders’ Association, Trust,
Department of Central or State Government, Co-
operative Society, Livestock Development Board or any
Agency, Agriculture or Veterinary University who
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undertakes AI service in bovines;
(d) “appellate authority” means the appellate
authority specified under section 15;
(e) “Authority” means the bovine breeding
Authority appointed under section 3;
(f) “bovine” means and includes cow, bull,
bullock and buffalo;
(g) “bovine breeding” means breeding
activities in bovines that include the use of bovine bulls
for production of semen, production, processing, storage
and distribution of bovine frozen semen, and providing AI
services to bovines;
(h) “breeding policy” means the State breeding
policy, notified by the Government, from time to time, for
maintaining and developing different breeds of cow, bull,
bullock and buffalo in different agro-climatic zones of the
State;
(i) “certified bull” means a bovine bull meeting
the prescribed standard for semen production and is
included as certified bull, in the certificate of registration
of a semen station or any bovine bull certified to be of
prescribed standard for semen production by the
Authority, from time to time;
(j) "Government" means the State
Government;
(k) "natural service" means use of breedable
healthy bulls for making female bovines pregnant by
natural mating;
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(l) “premises” means any land area, yard,
building, or vessel or vehicle or any other location that is
used for bovine frozen semen production and for
providing bovine AI service;
(m) “prescribed” means prescribed by rules
made under this Act;
(n) “prescribed standards” means the
standards prescribed by the Authority, from time to time,
and to be adhered to by those seeking a certification of
registration, namely: —
(i) semen stations intending to use
bovine bulls for frozen semen production in
accordance with the methods and parameters as
may be prescribed;
(ii) semen stations intending to
produce, process, store and distribute bovine
frozen semen in accordance with the procedures
and parameters as may be prescribed;
and
(iii) AI service provider intending to
provide AI services in accordance with the
procedures and parameters as may be prescribed;
(o) “registered veterinary practitioner” means
a graduate in veterinary science registered under the
Veterinary Council Act, 1984 (Central Act 52 of 1984);
(p) “semen station” means premises, where a
facility is setup for production, processing and storage of
bovine frozen semen;
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(q) “semen bank” means premises, where a
facility is setup for storage and distribution of bovine
frozen semen;
(r) “State” means the State of Tamil Nadu.
Section 3 (g) of the said Act reads as follows:
“3. Appointment and Functions of the Authority:-
(1)….
(g) regulate natural service of bovine breeding
24. Section 12 of the said Act reads as follows:
“12. Regulations for bovine breeding through
natural service. (1) Bovine breeding through natural
service shall be restricted to only indigenous breeds.
(2) All farmers who intend to keep male bovine
for breeding by natural service either for their own herd or
for making service available to other farmers’ bovines shall
register the male bovine with the person identified by the
Authority in such manner as may be prescribed.
(3) The registration shall be for a period of two
years and application shall be submitted for renewal of the
registration every two years.
(4) The person identified under sub-section (2)
shall provide the certificate of registration for the use of
male bovine for natural service within forty five days of
application after examination of the male bovine and related21/30
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(5) All male bovine intended for natural service
shall be identified with ear tags as approved by the National
Dairy Development Board.
(6) A breeding soundness certificate shall be
obtained from the appropriate authorities as may be
identified by the Authority before inducting the male bovine
for natural service.
(7) The farmers shall ensure that the male bovine
used for natural service are subjected to periodical testing
for diseases by the person identified or accredited by the
Authority as that of male bovine used for AI services that
would be prescribed, from time to time. The disease free
certificate shall be produced when demanded by identified
authorities.
(8) The farmers shall ensure that the male bovine
used for natural service are subjected to periodical
vaccination for diseases by the person identified or
accredited by the Authority as that of male bovine used for
AI services that would be prescribed, from time to time. The
vaccination certificate shall be produced when demanded by
the person identified by the Authority.
(9) The person identified under sub-section (2)
shall have power to enter the premise where the male bovine
for natural service are reared for examining the animals for
their breeding fitness and compliance with this Act.
(10) The male bovine declared unfit for breeding
or infected with disease shall be eliminated by the farmer in22/30
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(11) The farmers shall maintain records of the
male bovine used for natural service in such form and in
such manner, as may be prescribed.
(12) Any institution or individual desirous of
using liquid semen of an indigenous bull for breeding
purposes on its or his own animals or animals owned by
others, shall comply with all procedure as may be
prescribed.”
25. The aforesaid provisions make it clear that bovine breeding
through natural service shall be restricted to indigenous breeds only. Sub-
sections (2) to (6) of Section 12 of the said Act mandate the registration
of all male bovines intended for natural service and the renewal of such
registration every two years. They further require that such bovines be
identified with ear tags approved by the National Dairy Development
Board and that a certificate of breeding soundness be obtained from the
appropriate authorities. It is relevant to note that it is the stand of the
State that such regulations were introduced solely to prevent the
transmission of zoonotic and sexually transmitted diseases among
bovines. It is further submitted that the continuous use of any native or
other breed for mating with female cattle may adversely affect the health
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of the bull and also increase the likelihood of disease transmission, as
stated in the counter affidavit filed by the respondents. It is also pertinent
to note that such practices may, in fact, cause serious pain and suffering
to both the bull and the female.
26. Further, Section 3 of the Prevention of Cruelty to Animals
Act, 1960, makes it clear that it is the duty of every person having the
care or charge of any animal to take all reasonable measures to ensure its
well-being and to prevent the infliction of unnecessary pain or suffering
upon such animal. Section 11(b) of the Prevention of Cruelty to Animals
Act also prohibits any person from employing an animal for work,
labour, or any other purpose if, by reason of its age, disease, infirmity,
wound, sore, or any other cause, it is unfit for such employment. It
further prohibits the owner from permitting any such unfit animal to be
so employed. Therefore, the Act itself clearly shows that there shall not
be any cruelty to the animals.
27. Therefore, we are of the view that the continuous allowance
of mating without any restrictions would also lead to serious
consequences, such as the spread of diseases and deterioration in the
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health of animals. Hence, the introduction of regulations in the form of
testing animals prior to such mating through natural service, particularly
in respect of indigenous breeds, would not, in our view, violate the
Prevention of Cruelty to Animals Act, 1960. Much emphasis has been
placed on sub-section (10) of Section 12 of the said Act, which provides
that a male bovine declared unfit for breeding or infected with disease
shall be eliminated by the farmer in such manner as may be prescribed. It
is relevant to note that, as stated by the State, 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. Therefore, the term
‘elimination’ in sub-section (10) of Section 12 of the said Act cannot be
interpreted to imply that the animal is to be killed. The main object, as
stated in the counter affidavit, is to prevent the transmission of disease
resulting from unregulated mating. The regulations themselves are
intended only for indigenous breeds and aim to control the unregulated
mating of native bulls with multiple cows in a single day. Such practices
can cause serious health issues for the bull and increase the risk of
disease transmission. Sexually transmitted diseases can affect not only
the bull but also the female cows.
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28. Therefore, we are of the view that the introduction of
regulations under the Act for testing the fitness of bulls for natural
service does not violate any provisions of the said Act or the Constitution
of India. In fact, Article 48 of the Constitution of India, makes it clear
that the State shall endeavour to organise agriculture and animal
husbandry on modern scientific lines and shall, in particular, take steps
for preserving and improving the breeds and prohibiting the slaughter of
cows and calves other milch and draught cattle. Therefore, when
indigenous breeds are used for natural mating indiscriminately for
commercial purposes by farmers on a continuous basis, it can, in fact,
cause serious health deterioration across the entire population.
29. Therefore, the State, in its wisdom, has introduced
regulations imposing certain restrictions, particularly requiring the
testing of bulls before their use in natural service, and also mandating the
production of three certificates, viz., breeding soundness certificate,
disease-free certificate, and vaccination certificate from a veterinarian.
Such restrictions, in our view, do not violate any provisions of the law or
the Constitution of India. In fact, it would protect the health of both
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bulls and female cattle. Therefore, since only certain restrictions have
been introduced under Section 12 of the said Act, the petitioner’s
contention that the entire Act is ultra vires the Constitution of India
cannot be accepted. The counter affidavit itself clearly states that the
word ‘elimination’ mentioned in sub-section (10) of Section 12 is not to
be interpreted as meaning the killing of the animal, but only the removal
of the animal from breeding.
30. Section 4 of the Prevention and Control of Infectious and
Contagious Diseases in Animals Act, 2009 (Centra Act No.27 of 2009)
has also fixed the responsibility of the owner to segregate the animal and
prevent it from grazing or drinking the water in a common source to
protect the public health. Therefore, the 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, i.e., mating with females, cannot lead to the
conclusion that the entire Act is ultra vires. Further, as rightly pointed
out by the learned Additional Advocate General, apart from the ominous
allegations in the affidavit, the competence of the State to enact the Act
has not been challenged. Therefore, we find no merits in the Writ
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W.P.(MD)No.6328 of 2020
Petition, and it cannot be held that the Act enacted by the State is ultra
vires the provisions of law or the Constitution of India.
31. With the above observations, this Writ Petition is
dismissed. There shall be no order as to costs. Consequently, connected
miscellaneous petition is closed.
[N.S.K., J.] & [M.J.R., J.]
vsm 24.03.2026
Index :Yes/No
NCC :Yes/No
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W.P.(MD)No.6328 of 2020
To
1. The Chief Secretary,
State of Tamilnadu,
Secretariat, Fort St.George,
Chennai-600 009.
(R1 Cause Title Deleted Vide Court
Order Dated 05.08.2021 in W.M.P(MD).9104/2021)
2. The Secretary,
The Department of Animal Husbandry
Dairying and Fisheries,
Secretariat, Fort St George,
Chennai-600 009.
3. The Director,
Directorate of Animal Husbandry and
Veterinary Service, DMS Complex,
3rd Floor Block 2, Anna Salai,
Teynampet, Chennai-600 018.
4. The Secretary to Government,
Law Department,
Secretariat, Fort St George,
Chennai-600 009.
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W.P.(MD)No.6328 of 2020
N.SATHISH KUMAR, J.
AND
M.JOTHIRAMAN, J.
vsm
Order made in
W.P.(MD)No.6328 of 2020
24.03.2026
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