Orissa High Court: The petitioner, Gau Gyan Foundation, filed a Public Interest Litigation (‘PIL’) seeking enforcement of the Odisha Prevention of Cow Slaughter Act, 1960 (the ‘1960 Act’), alleging that despite the enactment of the prohibitory law as a State Legislation, its implementation had not been ensured in true spirit and cow slaughter continued unbated in the State. The Division Bench of Harish Tandon, CJ., and M. S. Raman, J., held that the 1960 Act, being a Special Act has an overriding effect on the other State laws and imposes a complete prohibition on cow slaughter, irrespective of customs and usage. The Court ruled that the State Government could not evade its responsibility and must appoint the competent authority under Section 2(a) of the 1960 Act within three weeks to ensure the Act’s workability.
Observations and Decision:
The PIL highlighted the ongoing slaughter of cows in Odisha despite the absolute prohibition under Section 3 of the 1960 Act, which contained a non-obstante clause overriding any customs and usage. The petitioner argued that lack of effective implementation, particularly the failure to appoint a competent authority, had the 1960 Act ineffective.
The Court in its earlier hearing on 03-07-2024, had examined related legislations, the Odisha Municipality Act, 1950 (‘the Act, 1950’) and the Odisha Municipal Corporation Act, 2003 (‘the Act, 2003’), but reiterated that the 1960 Act, being a Special Act, prevailed over general municipal laws. While Section 4 of the 1960 Act permitted slaughter of bulls and bullocks in specific contingencies with a written certificate from the competent authority, it did not destroy the absolute prohibition on cow slaughter.
The Court observed that the 1960 Act, enacted for a specific purpose could not be rendered to a dead letter, and its enforcement could not be left in cold storage. The Court highlighted that even if the contingencies were taken into consideration, it did not in absolute terms destroyed the very fabric of Section 3 of the 1960 Act as the slaughter of the cow was not permitted, even as the custom or the usage so provided. The Court further noted that even the provisions in other Acts that seemed to conflict must be read harmoniously to uphold the prohibition.
The Court observed that no ‘competent authority’ had been formally appointed under Section 2(a), thereby undermining the Act’s enforcement. The Court emphasised that the State Government could not shrug its responsibility in appointing the competent authority under the 1960 Act for workability of the several provisions contained therein.
The Court therefore, directed the State Government to appoint the competent authority within three weeks and further submit a report on the next date.
The matter has been listed for the next hearing on 1-09-2025.
[Gau Gyan Foundation v. State of Orissa, W.P. (C) PIL No. 7048 of 2018, decided on 07-08-2025]
Advocates who appeared in this case :
For the Petitioner: Piyush Panda, Advocates
For the Opposite Parties: Debasish Tripathy, AGA and P. K. Mohanty, Senior Advocate for CMC
