The Supreme Court recently concluded its proceedings on a petition addressing the concerning Lumpy Skin Disease (LSD) epidemic among cattle, deeming the preventive and remedial measures implemented by both the Union and States satisfactory. Lumpy Skin Disease, caused by the Lumpy Skin Disease Virus (LSDV), a member of the poxvirus family, primarily affects cattle and is characterized by the formation of nodules on the skin. The virus is mainly transmitted by mosquitoes and biting flies, and can also be present in contaminated feed and water.
According to media reports, the outbreak in April 2022 resulted in the unfortunate demise of over 75,000 cattle. Notably, the Supreme Court had initially issued a notice on October 31, 2022, seeking clarification on whether the Union of India had formulated a National Health Plan to combat the LSDV epidemic among cows and other cattle.
In response to the petition filed by Ashutosh Bansal, a social and animal activist, the Supreme Court bench, consisting of Justices Surya Kant and Dipankar Datta, delved into the matter. The Union of India and the Animal Welfare Board of India, in their counter-affidavits, asserted that the issue fell within the jurisdiction of the states. They further outlined the issuance of guidelines and policy circulars, resulting in the vaccination of around 8.16 crore cattle. States like Rajasthan, Maharashtra, Madhya Pradesh, Gujarat, Haryana, Punjab, and the Government of NCT of Delhi also submitted counter-affidavits, detailing the steps they had taken to address the epidemic.
After careful consideration of the affidavits, the court observed, "It is apparent from the counter-affidavits that the budgetary allocation and the consequential expenditure incurred vary from state to state depending upon the total population of the cattle and the financial condition of that state. Various measures, however, have been taken by all the states." Satisfied with the steps taken, the court decided to close the proceedings, leaving room for the petitioner to approach the Central or State Governments as needed. The petitioner was granted liberty to approach the Union government regarding policy decisions on sustainable programs for indigenous cows, the medicinal use of cow urine, and the proper implementation of the Pashu Aadhar numerical database.
The case title, Ashutosh Bansal v. Union of India, marks a significant legal endeavor initiated by a social and animal activist under Article 32, urging the Union and states to formulate policies to combat the pandemic-like situation arising from the widespread outbreak of Lumpy Skin Disease. The court, in its concluding remarks, expressed confidence in the proactive measures taken by the states, stating, "We have no reason to doubt that the State Governments will take prompt action and give serious consideration to the issues that may be raised by the petitioner(s) in the future."
