The Tamil Nadu Bovine Breeding Act, 2019 regulates bovine breeding to enhance animal health and prevent disease transmission, aligning with constitutional mandates on animal welfare without violating individual rights.

ORDER :

N.SATHISH KUMAR, J.

This Writ Petition has been filed challenging the constitutional validity of various provisions of “the Tamil Nadu Bovine Breeding Act 2019” (hereinafter referred to as “the said Act”), more particularly Sections 3(g), 11, 12(1), 12(2), 12(3), 12(4), 12(5), 12(6), 12(7), 12(8), 12(9), 12(10), 12(11), 12(12), 17(1), 18(i), 18(ii) and 20(5) of the Act.

2. According to the petitioner, those provisions are unconstitutional, contrary to the provisions of law. The said provisions are mainly violative of provisions of Section 3 and 11 (1) of the Prevention of Cruelty to Animal Act, 1960 and Biological Diversity Act, 2002, particularly Section 36 read with the Preamble to the said Act, the Environment (Protection ) Act, 1986 and also various provisions of the Constitution of India. The petitioner, claims to be a freelance educator and qualified ISO Lead Auditor, has filed this Writ Petition with the above said prayer.

3. It is the main contention of the petitioner is that the said Act has been brought without any scientific study. Section 12(10) of the said Act mandates that animals that are declared/certified “unfit” for breeding shall be eliminated by the farmer. According to the petitioner, this is in direct violation of the provisions of the Constitution of India, particularly fundamental rights of an individual to pursue any trade or profession of his choice. The said Act seeks to eliminate animals even when they are held by private individuals for their daily livelihood. Further Section 12 of the said Act also mandates that the State will regulate natural mating and breeding of animals including bovines under the guise of breeding only fit and animals approved by the State alone. This in essence is an attempt to circumvent the provisions of law to benefit corporations and destroy individual holding of animals of their livelihood, which is not only illegal, arbitrary, unscientific, bizarre and strange, it is downright ethically and morally wrong.

4. It is the further contention of the petitioner is that the primary objective of the Act appears to regulate artificial insemination in animals as well as preservation of semen samples for future breeding in animals. Reproduction is the basic biological need as well as urge of all living being save and except mono-sexual organisms, which lead to extinction of the said species. Till date, species have become extinct either due to excess hunting or due to natural elimination of such species. However, by the present said Act, the State of Tamil Nadu is attempting to play the role of a God. If the present action are directed to preserve species for posterity or future generations, then the same ought to be applauded.

5. However, by the present legislation, the State is making attempts to wipe out indigenous species, which may not find useful and order their elimination, thereby causing their extinction. The compulsory pre-registration of bulls, if it were to ever mate with a cow and also requires obtaining of numerous certificate for every bull, violates the rights of the parties. The rearing and management of animals is an age- old tradition and farming communities are well-versed in the upkeep of animals. Hence, it is his contention that the Act is aimed for dealing with the aspects of artificial insemination as well as preservation of semen's from such bulls and not to cover any aspect of natural production amongst the animals.

6. It is the further c