Ref. ER/Press/04/stray.24/sam

Stray cattle: CERS files case in HC

Consumer Education and Research Society (CERS), Ahmedabad in a Special Civil Application in the High Court of Gujarat took up the issue of curbing and removing stray cattle menace in Ahmedabad and its periphery. The High Court admitted the petition. CERS and the other petitioner of the application contended that the State Government formed a cell wayback in May 2002, consisting of top civic body and police officials, had failed to control the menace and the cell existed only on paper.

Dr Prafulchandra Joshi was the other petitioner in the application. Dr Joshi’s son, Jay Joshi, (20) was hit by a stray bull and he died. Dr. Joshi contended, “if the respondents had taken proper action and activated the cell, my son would have been alive today and would be studying in Australia.”

CERS’ Application relied on Article 21 of the Constitution of India and explained that the Government had failed to protect a person’s “Right to life and liberty” enshrined in the Constitution, by not controlling the menace of stray cattle.

CERS and Dr Prafulchandra Joshi named Ahmedabad Municipal Corporation (AMC), Ahmedabad Urban Development Authority (AUDA), Police Commissioner (Traffic) of Ahmedabad and five others as respondents.

Quoting the provisions of the Bombay Provincial Municipal Corporation Act, 1949 and the Gujarat Municipalities Act, 1963 and the Gujarat Panchayats Act, 1961 CERS explained that in a welfare state like India the people have a right to clean/safe/street/roads/ bylanes free from any stray animals that could pose a hazard to citizens.

CERS as Petitioner No. 1 stated that the Government’s failure to curb stray cattle had resulted in many accidents and the stray animals had become a risk to school-going children and to persons plying two-wheelers.

Earlier in 2001, the Consumer Protection Council, Ahmedabad, filed a Special Civil Application in the High Court of Gujarat which directed the State Government to frame and implement a scheme to curb the menace of stray cattle.

Acting on the High Court order, the State authorities formed a cell consisting of the Deputy Commissioner of Police (Traffic), Ahmedabad City, the Deputy Municipal commissioner, Ahmedabad Municipal Corporation (AMC), the Chief Executive Officer, Ahedabad Urban Development Authority (AUDA), the Deputy Director, Directorate of Municipalities, Gujarat State, and the Deputy District Development Officer, Ahmedabad, to examine the laws and rules regarding stray cattle and make suggestions for controlling the menace.

CERS, in its petition, urged the High Court to issue appropriate directions to the respondents and all concerned authorities to implement with immediate effect the HC order dated 11 March 2002 to curb and impound stray cattle from the streets of Ahmedabad and impose heavy fines on the owners of the stray cattle so that public at large do not suffer any risk and hazards to their life and property. CERS submitted that the respondents should be held responsible criminally as well as in tort for the untimely death of the son of petitioner No.2.

CERS justified that it had become necessary to file the petition to protect the interest of the public in general.

The petitioners pleaded the court to order a compensation of Rs 15 lakh to Dr Prafulchandra Joshi, for the loss of life of his son Jay Joshi, with immediate payment of Rs 2 lakh by way of interim relief.

CERS cited the following four incidents as evidence of the inaction on the part of the implementing authorities and the failure of the cell to curb stray cattle menace.

* On 16 February 2003, one Mr Shiv Prakash Vyas (retired police inspector) of Nava Vanjhar village, near Sarkhej, was coming out of a polling booth after casting his vote. A cow which had run amok hit Vyas. He died in the mishap.

* On 17 February 2003, Jay Joshi, (20), was returning home on a scooter from a library. He stopped when he saw two bulls locking horns in the middle of the road near AUDA Nagar, Thaltej Village. Suddenly, one of the bulls charged at Joshi and hit him on the chest. Joshi was taken to the Spandan Hospital at 7.15 p.m and, at 9 p.m., was admitted at the SAL Hospital where he died.

* On 24 February 2002, Ram Avtar Gendra Lal Gupta was travelling on cycle when two bulls hit him in the Saraspur area. He died.

* On 4 March 2003 two persons died and 14 others were injured when a jeep in which they were travelling overturned after a cow had hit it near the Mother Dairy on the Ahmedabad-Gandhinagar Highway.

Date : 14/05/2004
Place : Ahmedabad

Pritee Shah
Editor
INSIGHT - The Consumer Magazine

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CONSUMER EDUCATION AND RESEARCH SOCIETY
“Suraksha Sankool”, Thaltej, Sarkhej-Gandhinagar Highway, Ahmedabad- 380 054 (INDIA)
Phone: 079-27489945-46 Fax: 079-27489947
E-mail: cerc@wilnetonline.net
Web Site: http://www.cercindia.org
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