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Judgment
Grievance in this application is against pollution by dairy farmers. It is stated that in absence of scientific management of dairies, environmental degradation and pollution is increasing. There is increased generation of pathogenic waste, contamination of water bodies and soil, increase in potent greenhouse gas emissions and outbreak of parasitic diseases caused by unproductive/milch animals abandoned by dairy farmers. When milch animals become unproductive and unprofitable, they are abandoned by the Dairy Industry, in order to shirk their responsibility towards the upkeep of unproductive cattle. Male calves which are of no use to the dairy industry are either sold or abandoned. Cattle are subjected to repeated cycles of impregnation, painful milking, oxytocin shots and mastitis. Reportedly, concentrated feed in high proportions is also often included in the diet of cows putting them under immense metabolic stress, which in the long run results in various health disorders. Calves, male and female are separated or significantly restricted from accessing their mothers three to four days after birth. Animals deliberately are made to proliferate by Artificial Insemination, solely for the purpose of producing milk and once they become unproductive, they are abandoned on roads as the Milk Federations and Dairy Cooperatives have no provision to house them after their productive life is over. The “Living By-product” of the Dairy Industry is never factored into in the manufacturing process by the Milk Industry and is discarded without compunction on the roads, parks and other public places, unregulated by the Milk Federations, Dairy Cooperatives, and their members, who escape all accountability for lawful management/care/disposal of such animals.
Applicants have referred to order of this Tribunal dated 08.10.2020 in OA No. 46/2018, Nuggehalli Jayasimha vs. Government of NCT of Delhi which also refers to the judgment of Delhi High Court in Common Cause v. UOI, (2007 SCC Online Del 863) directing Delhi Municipal Corporation to formulate a licensing policy on account of hazard of stray cattle. MCD framed a policy prohibiting keeping of cattle without license and laying down standards to be followed by authorized dairies. An Expert Committee of Indian Council for Agricultural Research, Government of India gave its report. The Tribunal directed CPCB to evolve mechanism for ensuring compliance of environmental norms including siting policy, distance from habitation, water bodies, carrying capacity of the area and compliance of the Water, Air and EP Acts. CPCB prepared guidelines on 05.06.2020 which were placed on the website. The Tribunal directed finalization of the draft guidelines vide order dated 08.10.2020 which were thereafter finalized on 17.07.2021 called “Revised Guidelines for Environmental Management of Dairy Farms and Gaushalas”. According to the applicants, the said guidelines do not deal with pollution caused by abandoned unproductive/ milch animals/ cattle.
We are of the opinion that the matter having already been dealt with by the Tribunal and CPCB, no further order is necessary except to observe that the applicant is at liberty to make a representation to the ICAR, National Dairy Development Board and CPCB who may look into the matter further within three months. CPCB may act as a nodal agency and convene a meeting with the said bodies online or offline. Shri Raj Panjwani, Senior Advocate may also be informed of the date and time of the meeting and given relevant link so that he may present his viewpoint online.
The application stands disposed of accordingly.
A copy of this order be forwarded to ICAR, National Dairy Development Board and CPCB by e-mail for compliance.