Supreme Court seeks response from Centre, others on plea to prevent cattle intrusion on highways
The plea has sought a direction to the authorities to frame and enforce uniform national guidelines to prevent cattle intrusion on highways
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Context
The Supreme Court has issued a notice to the Central government, states, Union Territories, and the in response to a Public Interest Litigation (PIL). The plea seeks to create and enforce uniform national guidelines to prevent stray cattle from entering national and state highways, a significant cause of road accidents. The petition suggests mandatory fencing of highways, establishing scientifically managed 'gaushalas' (cattle shelters), imposing penal liability for abandoning cattle, and creating a compensation framework for victims. This development is linked to a broader case concerning stray animals, where the court had previously directed authorities to clear highways of all stray animals.
UPSC Perspectives
Polity & Governance
This case exemplifies the judiciary's role in addressing governance gaps through judicial activism, particularly via the instrument of Public Interest Litigation (PIL). The Supreme Court's notice to executive bodies like the Centre, states, and the underscores its power of judicial review over administrative inaction. The plea for uniform national guidelines touches upon the complexities of federalism, as both road transport and animal welfare involve jurisdictions of the Centre and states. The court's observation about states collecting a 'cow cess' without effective action points to a failure in fiscal management and policy implementation at the state level. The petitioner's demand for penal liability for abandoning cattle highlights deficiencies in the existing legal framework, primarily the , which has been criticized for its lenient penalties. For the UPSC exam, this issue can be framed around the separation of powers, the role of the judiciary in compelling executive action, and the challenges of policy coordination in a federal structure.
Infrastructure & Economic
The presence of stray cattle on highways poses a direct threat to transportation infrastructure and economic activity. Road accidents caused by cattle lead to loss of life, damage to vehicles, and traffic disruptions, thereby increasing logistics costs and reducing the efficiency of national transport corridors. The , responsible for managing national highways under the , is a key stakeholder. The petitioner's demand for mandatory fencing of highways and the court's earlier suggestion to use Corporate Social Responsibility (CSR) funds from highway concessionaires to build 'gaushalas' represent potential solutions. These measures, however, have significant financial implications. Fencing vast highway networks is capital-intensive, while the effectiveness of using CSR for animal shelters requires a scalable and sustainable model. The mention of the 'cow cess'—a levy collected by several states on goods like liquor or on property transactions to fund cow welfare—raises questions about the accountability and utilisation of earmarked funds. UPSC aspirants should analyze the economic cost of such public safety hazards and evaluate the financial viability and policy effectiveness of the proposed solutions like fencing, CSR-funded shelters, and cess-based models.
Social & Ethical
The issue brings to the forefront the conflict between human safety and animal welfare, rooted in complex socio-economic and ethical dimensions. The problem of stray cattle is largely a consequence of owners abandoning unproductive animals, an issue linked to the rural economy and mechanization of agriculture. This relates to the ethical responsibility of animal ownership, which is weakly enforced under the . The Act establishes the to advise on welfare matters and prevent cruelty. The demand for scientifically managed 'gaushalas' and a 'no-fault compensation framework' for accident victims addresses both animal welfare and social justice for humans affected by this problem. The court's intervention highlights a societal failure to manage a problem that is both a public menace and an animal rights issue. From a UPSC perspective, this topic connects to GS Paper 1 (Social Issues) and GS Paper 4 (Ethics), prompting questions on civic duty, compassion for living beings as a fundamental duty (), and the ethical responsibility of the state to protect both human and animal lives.