Issue of ban on slaughter of cows is beyond the domain of judicial decision making

Delhi High Court: While dismissing a petition filed in public interest seeking a direction to the respondent to prohibit cow slaughtering and make arrangements to maximise environmental and economic benefits from the cow to mankind, a bench of G Rohini CJ and R.S. Endlaw J. stated that the issue of ban on slaughter of cows is beyond the domain of judicial decision making and is a policy matter in which the courts under the doctrine of separation of powers are not entitled to transgress.

The Court referred Mohd. Hanif Quareshi v. State of Bihar AIR 1958 SC 731, Manubhai Nandlal Amorsey v. Popatlal Manilal Joshi (1969) 1 SCC 372 and State of Gujarat v. Mirzapur Moti Kureshi Kassab Jamat (2005) 8 SCC 534 and stated that the Legislature whenever had deemed necessary has framed appropriate laws in this regard and challenge thereto has also been considered by the Court.

The Court relied on Bal Ram Bali v. Union of India, (2007) 6 SCC 805 where it was held that the Court cannot issue any direction for ban on slaughter of cows as it is a matter of policy on which decision has to be taken by the government, and a complete ban can only be imposed by enactment of an appropriate legislation by the legislature in this regard. Accordingly, the Court dismissed the petition. [Sadh Foundation v. Union of India, 2015 SCC Online Del 14138, decided on 17-12-2015].

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