The Delhi High Court has refused to entertain a petition seeking enactment of a law prohibiting slaughter of cows, saying the “issue is beyond the domain of judicial decision” and it’s a policy matter. “Suffice it is to state that the Legislature whenever has deemed necessary has framed appropriate laws in this regard and challenge thereto has been considered by the court…,” a bench of Chief Justice G Rohini and Justice Rajiv Sahai Endlaw said.
We are afraid the issue 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 bench said. The court’s decision came on a PIL filed by NGO Sadh Foundation, which also sought action against slaughter houses. It further sought direction to make “arrangements so that maximum environmental and economic benefits from the cow to mankind may be provided”. The bench, however, termed the plea without “merit” and said even the Supreme Court in a judgement earlier had unequivocally 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. “It was further held that a complete ban can only be imposed by legislation enacted by the appropriate legislature. The same view has been taken by a full bench of the High Court of Jammu and Kashmir in…,” the court observed while citing the apex court judgement.