Delhi HC directs Chief Secretary to file future roadmap of 9 dairy colonies, issues directions for medical care of cattles

New Delhi [India], May 14 : The Delhi High Court has issued several directions with regard to maintaining hygiene in dairy colonies to ensure medical care of cattle kept therein and for the use of spurious oxytocin and it has directed the Delhi Chief Secretary to file a detailed affidavit indicating the roadmap for the future of the nine dairy colonies.
The bench of Justice Manmohan and Justice Manmeet Pritam Singh Arora, in an order passed on May 8, 2024, clarified that the issue of the illegal dairy colonies operating in Delhi from non-confirming areas has not been touched upon during the hearing and is an issue left for another date.
On the issue of relocating Ghazipur Dairy and Bhalaswa Dairy, located next to sanitary landfill sites, the court further stated that we are of the prima facie opinion that the suggestion of the Chief Secretary that the dairies at Ghazipur and Bhalaswa can continue to operate near the landfill sites and that they will not pose any threat to public health is incorrect.
It seems that the respondents are 'turning a blind eye' to the irreparable harm, which the milk produced in these dairy farms could cause to the health of the residents of GNCTD.
This Court is prima facie not persuaded by the submission of the Chief Secretary that the cattle in the dairies adjoining sanitary landfill sites can be prevented from eating hazardous waste at the landfill sites until 2025-26.
So the bench issues directions to the Chief Secretary to seriously consider the suggestion made by the petitioners with respect to the re-location of Bhalaswa and Ghazipur dairies to Ghogha dairy, especially since the said suggestion is backed by data given in the note, the bench said.
The court also issued several directions stating, "Veterinary hospitals shall be made functional forthwith near all designated dairies and biogas plants shall be installed near all nine authorised dairies in Delhi for the creation of dry manure and biogas fuel/compressed biogas (CBG) production at the earliest, preferably prior to the onset of monsoon".
"FSSAI/Department of Food Safety, GNCTD, to ramp up testing and conduct random sample checking of milk for the presence of chemicals in dairy units in all nine designated dairies as well as of milk products, such as sweets, from the areas where milk is supplied and to take appropriate action as per law in case of any violation," said the bench.
A detailed affidavit be filed by the Commissioner of Police indicating the efforts made to track the sources of spurious oxytocin/hormones and its production, packaging and distribution in pursuance to the complaints registered with the Police by the petitioners/local commissioner, said bench
Recently, the Delhi High Court has viewed that there is an urgent need to rehabilitate and relocate the Ghazipur Dairy and Bhalaswa Dairy forthwith as they are located next to the Sanitary Landfill Sites ('SLFS').
The court said the dairies should be relocated to areas where there is proper sewage, drainage, a biogas plant, ample open space for the cattle to move around and enough grazing area.
Keeping in view the apprehension that dairy farms next to landfill sites can cause illness and public health hazards, this Court is prima facie of the view that these dairy farms need to be relocated forthwith, said the Delhi High Court.
The bench, led by Acting Chief Justice Manmohan, observed that cattle in the dairies situated next to landfill sites would without doubt would feed on hazardous waste and their milk if consumed by humans, particularly children, (directly or indirectly) could have serious consequences.
Earlier, the Delhi High Court appointed a Court Commissioner for inspection of designated Dairy colonies of Delhi, where approximately one lakh buffaloes and cows are used for commercial milk production.
Recently, the court-appointed Commissioner informed the court that Oxytocin is administered to the cattle in a bid to force milk production down and increase milk production. Since administering of Oxytocin amounts to animal cruelty and is a cognizable offence under Section 12 of The Prevention of Cruelty to Animals Act, 1960, consequently,
Noting this, the Court had directed the Department of Drugs Control, GNCTD, to conduct weekly inspections and ensure that all cases of spurious oxytocin usage or possession are registered under relevant sections. The said offences are directed to be investigated by the jurisdictional police stations. The intelligence department of Delhi Police is directed to identify the sources of such spurious oxytocin production, packaging and distribution and take action in accordance with law, said the court.
The court was hearing a PIL moved by the three petitioners: Sunayana Sibal, Dr. Asher Jessudoss and Akshita Kukreja, who are alumni of the Ahimsa Fellowship. They are represented by Senior Advocate Vivek Sibal.
The Respondents include the Government of NCT of Delhi, the Urban Development Department of Delhi, the Animal Husbandry Unit of Delhi, Food Safety and Standards Authority of India, the Delhi Pollution Control Committee, the Municipal Corporation of Delhi and the Delhi Police.
Petitioners highlighted alleged violations that include gruesome animal cruelty such as tethering with extremely short ropes, intense overcrowding, animals made to lie on their own excreta, unattended and festering injuries and diseases, starving of male calves, mutilation of animals, etc.
The Petition also points towards heaps of rotting carcasses and excreta at several spots in the colonies and carcasses of calves dumped on public streets, leading to fly infestation and mosquito breeding. The non-therapeutic administration of antibiotics and the administration of injections of a spurious drug suspected to be oxytocin were also highlighted. Oxytocin is a hormone used to induce labour pain in women and causes painful contractions in buffaloes to increase milk letdown.
The Petitioners stated that maimed, mutilated and injured animals can be seen in unfathomable numbers. The gross environmental pollution and grave public nuisance due to poor waste disposal practices and endangerment of public health as a result of flouting several food safety norms are also highlighted.