Supreme Court Calls for Stray Cattle Accident Compensation Mechanism
The Supreme Court of India has urged both the Central and State governments to establish a comprehensive compensation mechanism for victims of accidents involving stray cattle. This directive emerged from the case of Nisha v Municipal Council Sangrur & Ors, where the court highlighted the significant danger stray cattle pose to both humans and animals on roads and highways.
During the hearing, Justices Sanjay Karol and NK Singh expressed concern about the perilous presence of stray cattle on national highways, describing them as “an invitation to death.” The bench emphasized that these animals often become unintended obstacles, leading to fatal accidents for motorists and pedestrians.
The court cited alarming statistics, revealing that animal-related incidents resulted in the deaths of 1,130 people in 2018, 1,425 in 2019, and 1,305 in 2020 across India. The court underlined the urgent need for a structured compensation system and better enforcement of existing stray cattle laws.
In the case that prompted this ruling, an appeal was filed by Nisha, whose husband, Vijay Kumar, sustained serious injuries after being struck by a stray bull in Punjab’s Sangrur in September 2007. Despite his efforts, Vijay was denied compensation due to alleged fund shortages. Following his death, Nisha pursued the matter in the Punjab and Haryana High Court, where she was initially awarded ₹29.32 lakh. However, a Division Bench later overturned this decision, prompting Nisha to approach the Supreme Court.
The Supreme Court criticized the Division Bench’s decision to redirect the case to a civil court, ruling it would effectively deny the family justice. Consequently, the court awarded Nisha ₹15 lakh in compensation, emphasizing that this decision was unique to the case and not a legal precedent.
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Addressing the Widespread Issue of Stray Cattle
The court expanded the case’s scope, addressing the broader issue of stray cattle across India. It traced constitutional responsibilities regarding animal welfare to Article 48 and citizens’ duties under Article 51-A(g). Acknowledging that 24 States and Union Territories have existing cattle welfare laws, the court stressed the need for their effective implementation.
The bench criticized the abandonment of cattle once they cease to be economically viable, urging accountability from the owners. Owners abandoning cattle should ensure their safe transfer to shelters managed by appropriate authorities.
To tackle the problem, the court directed States with cattle-related legislation to enforce these laws promptly. The court also proposed a comprehensive strategy, including a compensation framework for cattle-related accidents, mandatory cattle tagging, and appointment of nodal officers to monitor these efforts. Additionally, the court ordered the safe transfer of abandoned animals to authorized shelters, maintaining accurate records.
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The Supreme Court’s judgment was sent to the chief secretaries of all States, administrators of Union Territories, and member secretaries of the State Legal Services Authorities for immediate action.
