Madras High Court
Dr.S.Venkatesh vs The State Of Tamilnadu
Author: N.Sathish Kumar
Bench: N.Sathish Kumar
W.P.(MD)No.6328 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
RESERVED ON : 16.03.2026
DELIVERED ON : 24.03.2026
CORAM:
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
AND
THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN
W.P.(MD)No.6328 of 2020
and
W.M.P.(MD)No.5559 of 2020
Dr.S.Venkatesh ... Petitioner
Vs.
1. The State of Tamilnadu,
Rep by its Chief Secretary,
Secretariat, Fort St.George,
Chennai-600 009.
(R1 Cause Title Deleted Vide Court
Order Dated 05.08.2021 in W.M.P(MD).9104/2021)
2. The Secretary,
The Department of Animal Husbandry
Dairying and Fisheries,
Secretariat, Fort St George,
Chennai-600 009.
3. The Director,
Directorate of Animal Husbandry and
Veterinary Service, DMS Complex,
3rd Floor Block 2, Anna Salai,
Teynampet, Chennai-600 018.
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W.P.(MD)No.6328 of 2020
4. The Secretary to Government,
Law Department,
Secretariat, Fort St George,
Chennai-600 009. ... Respondents
PRAYER:- Writ Petition filed under Article 226 of the Constitution of
India praying to issue a Writ of Declaring, declaring that 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 Tamil Nadu Bovine
Breeding Act 2019 as illegal, arbitary, unscientific and ultra vires the
Constitution of India along with other Acts promoting animal welfare
and strike them down.
For Petitioner : Dr.S.Venkatesh,
Party-in-person
For Respondents : Mr.Veera Kathiravan,
Addl. Advocate General,
Assisted by Mr.A.Kannan,
Addl. Govt. Pleader for R2 to R4
ORDER
(Order of the Court was made by 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 2/30 https://www.mhc.tn.gov.in/judis ( Uploaded on: 24/03/2026 01:19:45 pm ) W.P.(MD)No.6328 of 2020 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 3/30 https://www.mhc.tn.gov.in/judis ( Uploaded on: 24/03/2026 01:19:45 pm ) W.P.(MD)No.6328 of 2020 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.
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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 contention of the petitioner is that the provisions of the Act are advocating an unscientific approach whose ill effects have already adversely affected by various western countries and has been reported on a large scale and they are thinking about alternatives and going back to organic and natural way. Under the impugned provisions, Bovine breeding through natural service shall be restricted to only indigenous breeds, which is unscientific, arbitrary, discriminatory and in addition, detrimental towards the biological 5/30 https://www.mhc.tn.gov.in/judis ( Uploaded on: 24/03/2026 01:19:45 pm ) W.P.(MD)No.6328 of 2020 diversity in general and our native breeds in particular. From cattle population census, it is obvious that entire population does not belong to the “indigenous breeds” category, only a minor fraction of the population falls under this category. The majority of the population comes from other types namely exotic breed, cross breed and graded breed. Such a restrictive and discriminatory provision prohibiting the natural mating and needs of animals is to say the least, travesty of natural justice and violation of Prevention of Cruelty to Animal Act, 1960. Hence, the petitioner has filed this Writ Petition.
7. It is the contention of the respondent that the said Act are based on scientific reasoning and the said Act is inclusive and support breed preservation, conservation and ensures a healthy livestock population, which live in harmony with human beings. The said Act is a culmination of a series of deliberations among domain experts and other stakeholders based on established scientific principles and practices and as such, there is no violation of any of the existing laws and rules framed thereof. It is stated that collective wisdom of the Stage sought to be challenged in this Writ Petition.
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8. It is also stated that the said Act does not in any way influence the livestock farmers in continuing with their avocation. There is no attempt on the part of the Government to alter the way, in which the farmers maintain their livestock. The said Act only ensures that the animals maintained by the farmers in their own traditional management practices are bereft of any pathogens that would affect their productivity. It is the responsibility of the Government to ensure that all the livestock maintained by the farmers, entrepreneurs and traders are disease free and any factor that affect their health are recognized and eliminated, so that their productivity is not affected.
9. In that direction, the Government is well within its means to ensure that diseases are not harboured, incubated or transmitted from animal to animal, species to species and from animal to human beings. Necessary measures that are within the frame work of the Constitution of India and on violative of the existing rules and regulations are taken with the ultimate aim of improving livelihoods and economies of the farmers by the State. There are many instances of zoonotic diseases like Rabies, Anthrax, Brucellosis, Tuberculosis etc., that have affected human beings. Diseases like Brucellosis, Trichomoniasis etc., are sexually transmitted 7/30 https://www.mhc.tn.gov.in/judis ( Uploaded on: 24/03/2026 01:19:45 pm ) W.P.(MD)No.6328 of 2020 diseases and the affected animal becomes a permanent carrier of the disease. The affected cattle cannot produce the future progenies and consequently is of no value to the farmers, as it becomes a burden to the farmer. These are sexually transmitted diseases and any breeding may inadvertently jeopardize the health of the cows and the human beings as well.
10. Hence, only with the objective of preventing the transmission of sexually transmitted diseases among bovines and zoonotic diseases that Sub-section (10) of Section 12 has been included in the said Act the word “elimination” has been conveniently misinterpreted by the petitioner to mean killing while actually, it is removing the animal from breeding, sub-section (10) of Section 12 does not subscribe to elimination of such bulls that carry these infections, but states that the male bovine declared unfit shall be eliminated by the farmer in such manner as prescribed by Minimum Standards for production of Bovine Frozen Semen by Government of India, which is mere immediate isolation and removal from the herd. 8/30 https://www.mhc.tn.gov.in/judis ( Uploaded on: 24/03/2026 01:19:45 pm ) W.P.(MD)No.6328 of 2020
11. In the event of the infection being zoonotic and is transmitted through semen, it cannot be castrated and can be used as bullock not as a service bull for both natural service and Frozen semen straws production. They have to be eliminated from the herd means that the bull should not be used for Natural service or Artificial insemination. The primary objective and intention of the Government is to ensure that the bovines maintained by the farmers possess superior genetic traits for productivity of milk and the bovine population to be free of diseases. The said Act provides for not only artificial insemination, but also natural services provided the bulls maintained by the farmers are free from sexually transmitted diseases. When there are cows in estrum, the natural tendency for the bull would be to perform the act of mating and while doing so, may inadvertently transmit diseases which would jeopardize the health of cows and hence, maintaining these bulls in a disease free condition is of paramount importance.
12. Hence, it is denied that there is nothing in the said Act to favour private corporate entities. Declaration of fitness of breeding bulls has no complicit corporate linkups and it is a figment of the petitioner's imagination. Establishment and production of Frozen Semen stations are 9/30 https://www.mhc.tn.gov.in/judis ( Uploaded on: 24/03/2026 01:19:45 pm ) W.P.(MD)No.6328 of 2020 largely within the Government's domain and there are only few private organizations that are involved in semen production. Only the welfare of poor farmers and general public are taken into consideration while framing the said Act. In comparison with natural service, fewer males are needed to artificially inseminate the same number of females and to produce the same number of offspring.
13. However, the objective of eliminating sexually transmitted diseases is important in natural service also. The breeding policy of the State permits both Artificial insemination and natural service. The entire process of artificial insemination, beginning from checking the breeding soundness of the bulls from which semen is collected till the time the finished product which is the Frozen Semen straw's usage in the field on a cow in estrum is regulated at appropriate levels. This principle is common for all forms of reproductive technologies namely natural mating, artificial insemination, embryo transfer technology or invitro fertilization technique, since “a Bull is half the herd”, With a lot at stake on the bull, it is important that the health status of the bull and the breeding soundness is checked periodically, so that farmers do not suffer due to inadequacies of the bull that mates their cows, which would 10/30 https://www.mhc.tn.gov.in/judis ( Uploaded on: 24/03/2026 01:19:45 pm ) W.P.(MD)No.6328 of 2020 ensure a considerable reduction in both genital and non-genital diseases in the bovine population served by the bull. It is a natural phenomena that male animals often grow to be larger than females and consume relatively larger amounts of feed. Hence, only to prevent the diseases, the Act has mandated that bulls shall be subjected to periodical testing for breeding soundness. Ensuring fitness for breeding burs is important in the conservation of indigenous breeds. Most farmers in Tamil Nadu rear cows and bullocks (castrated bulls) whereas bulls are reared by a few who are financially sound. Due to ignorance or wilfully, these breeders driven by greed for money, exploit the gullible traditional farmers and allow the bulls to mate many cows in a single day without observing basic hygienic practices, thus making the cows vulnerable to sexually transmitted diseases and zoonotic diseases.
14. Thus, testing bulls goes a long way in conserving the indigenous germplasm. Tamil Nadu has the following native breeds of cattle viz., Alambadi, Bargur, Kangeyam, Pulikulam, Umbalachery and Toda Buffaloes that have been extensively used for draught purposes over centuries. Among them, Kangeyam cattle are reared in Western districts viz., Dindigul, Manakkal, Erode, Coimbatore, Tiruppur, Salem 11/30 https://www.mhc.tn.gov.in/judis ( Uploaded on: 24/03/2026 01:19:45 pm ) W.P.(MD)No.6328 of 2020 and Karur; Umblachery cattle in Eastern districts viz., Thanjavur, Thriruvarur and Nagapattinam; Alambadi cattle in Western districts viz., Dharmapuri, Erode and Salem; Pulikulam cattle in Southern districts viz., Sivagangai, Madurai and Virudhunagar, Bargur cattle in Erode District and Toda buffalo in The Nilgiris district. It is submitted that the State is alive to the fact that human population explosion coupled with dwindling land for agriculture has resulted in reduced availability of feed resources. Mechanization of agriculture and introduction of various means of transportation have reduced their utility and consequently their population.
15. This has adversely affected the native breeds of animals that are reared under conventional methods. In order to arrest this depleting trend of native breeds, it is imperative to improve and conserve this valuable germplasm. The genetic and molecular characterisation of all native breeds of cattle, buffalo, sheep, goat and dog is undertaken in collaboration with Tamil Nadu Veterinary and Animal Sciences University and the National Bureau of Animal Genetic Resources, Karna. In an effort to conserve and preserve native breeds, the Government of Tamil Nadu is implementing a policy of maintaining all the native breeds 12/30 https://www.mhc.tn.gov.in/judis ( Uploaded on: 24/03/2026 01:19:45 pm ) W.P.(MD)No.6328 of 2020 of cattle at the Government farms and propagating them at their native tracts. A DNA repository of all the characterized breeds of cattle native to Tamil Nadu is maintained at Tamil Nadu Veterinary and Animal Sciences University. Research Centres for development indigenous breed of cattle have been established with funds sourced from the Government of India. The State is more inclined towards preserving the indigenous breeds of livestock.
16. The Acts that are considered as inhumane have been specifically espoused in Sections 3 and 11 of the Prevention of cruelty to Animals Act, 1960 as well as the Hon'ble Supreme Court in Animal Welfare Board of India Vs. A.Nagaraja and others. Prevention and Control of infectious and contagious diseases in Animals Act, is an Act to provide for prevention, control and eradication of infectious and contagious diseases affecting animals for preventing outbreak or spreading of such diseases from one State to another and to meet the international obligations of India for facilitating import and export of animals and animal products and for matters connected therewith. 13/30 https://www.mhc.tn.gov.in/judis ( Uploaded on: 24/03/2026 01:19:45 pm ) W.P.(MD)No.6328 of 2020
17. The Tamil Nadu Bovine Breeding Act, 2019, mandates possession of three certificates for every bull which is used for natural service namely Breeding soundness certificate, free from diseases certificate and vaccination certificate. These certificates will be given by the Veterinarians at the door steps of the farmer itself. This is to make sure that animals are free from diseases, such as zoonotic communicating to human beings. The decision on the breeding bull shall be based on the disease, its severity by the concerned veterinarian in accordance with the provisions of The Prevention and Control of Tnfecttous and Contagious Diseases in Animals Act, 2009. The regulation of Breedings bulls is dealt with separately under Section 12 of the said Act. The minimum Standards prescribed for Breeding bulls shall be binding for the bulls used for natural service also as semen produced from the bulls have to be free of disease causing pathogens.
18. Hence, it is the contention of the respondents that State has a responsibility to protect all the animals from diseases and hence, Breeding Soundness Certification of bulls is a step in that direction. The artificial insemination programme in the State is conducted as per the breeding policy of the State, which is revisited and redrawn from time to 14/30 https://www.mhc.tn.gov.in/judis ( Uploaded on: 24/03/2026 01:19:45 pm ) W.P.(MD)No.6328 of 2020 time depending on the population dynamics. Since 1970s, artificial insemination in the State was followed using liquid semen. Further, research and use of technology of preservation and storage of semen resulted in Frozen semen technology which preserved the semen for decades, the Frozen semen technology was adopted since 1980s and during 1991, the Department of Animal Husbandry started using frozen semen in all the veterinary institutions and sub centres. Exotic cattle have superior productivity traits and native cattle have the traits of disease resistance and heat tolerance, both of which have been developed by cross bred cattle. Hence, there is a preponderance of cross breeds in the State. Hence, the averments against the invasive artificial insemination is far-fetched and devoid of truth. Hence, submitted that the said Act does not infringe on the rights of animals and the said Act is not in conflict with any of the provisions of the Constitution of India.
19. Though various provisions have been challenged in the affidavit, during the submissions, the petitioner would submit that Section 3(g) of the said Act violates the provisions of law, which regulates natural service of bovine breeding. According to the petitioner, the bovine includes cow, bull, bullock and buffalo. Section 12(1) of the 15/30 https://www.mhc.tn.gov.in/judis ( Uploaded on: 24/03/2026 01:19:45 pm ) W.P.(MD)No.6328 of 2020 Act stipulates that bovine breeding through natural service shall be restricted to only indigenous breeds. Section 12(2) also stipulates that all farmers shall register the male bovine with the person identified by the Authority in such manner as may be prescribed. According to the petitioner, the same are also violative. Further Section 12(5) stipulates that all male bovine intended for natural service shall be identified with ear tags as approved by the National Diary Development Board. Sub Section 12(6) to 12(8) of the said Act also mandate possession of three certificates for every bull which is used for natural service namely Breeding soundness certificate, free from diseases certificate and vaccination certificate, which is also restricted the farmers.
20. According to him, farmers are entitled to rear bulls and cows, and since traditional bovine breeding through natural service has long been practiced in the State, the imposition of restrictions by way of an Act has curtailed the rights of farmers. Hence, it is his contention that the very Act has been brought without any scientific study and only to encourage the corporators and others. Therefore, according to him, the said provisions are liable to be struck down as being ultra vires the Constitution of India.
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21. The learned Additional Advocate General appearing for the respondents would submit that the Act is brought based on the scientific reasoning. The said Act is inclusive and supports breed preservation, conservation and ensures a healthy and livestock population. The primary object of the said Act is to control diseases and to prevent a single bull from mating with multiple cows, as this may lead to the spread of infections. The regulations under Section 12 of the said Act were enacted solely to prevent the transmission of zoonotic and sexually transmitted diseases among bovines, and accordingly, the possession of three certificates viz., Breeding soundness certificate, free from diseases certificate and vaccination certificate has been mandated.
22. Further, it is his contention that the said Act does not violate any provisions of the Constitution of India and has been enacted solely to regulate bovine breeding activities that include the use of bovine bulls for production of semen, production, processing, storage and distribution of bovine frozen semen and providing AI services to bovines. He would further submit that the competence of the State to legislate the Act has not been challenged in this Writ Petition. He also contends that there is absolutely no violation in the enactment of the Act, 17/30 https://www.mhc.tn.gov.in/judis ( Uploaded on: 24/03/2026 01:19:45 pm ) W.P.(MD)No.6328 of 2020 which is primarily aimed at controlling the transmission of diseases among native breeds. Though the petitioner has made ominous allegations, the main challenge during submissions concerns Sections 3(g), 12(1), 12(2), 12(3), 12(4), 12(5), 12(6), and 12(10) of the said Act. Therefore, it is relevant to extract the above said provisions of the said Act.
23. Section 2 of the said Act reads as follows:
“2.Definitions. —In this Act, unless the context otherwise requires, —
(a) "artificial insemination" or "AI" means the process of depositing bovine semen in the body of the uterus of a mature bovine female with the intention of making it pregnant;
(b) "AI technician" means a person who possesses requisite qualification, skill and experience to perform artificial insemination in bovines, as may be prescribed;
(c) "AI service provider" means any person
including a Firm, Limited Liability Partnership,
Company, Producer Company, Institution, Non-
Governmental Organisation, Breeders' Association, Trust, Department of Central or State Government, Co-
operative Society, Livestock Development Board or any Agency, Agriculture or Veterinary University who 18/30 https://www.mhc.tn.gov.in/judis ( Uploaded on: 24/03/2026 01:19:45 pm ) W.P.(MD)No.6328 of 2020 undertakes AI service in bovines;
(d) "appellate authority" means the appellate authority specified under section 15;
(e) "Authority" means the bovine breeding Authority appointed under section 3;
(f) "bovine" means and includes cow, bull, bullock and buffalo;
(g) "bovine breeding" means breeding activities in bovines that include the use of bovine bulls for production of semen, production, processing, storage and distribution of bovine frozen semen, and providing AI services to bovines;
(h) "breeding policy" means the State breeding policy, notified by the Government, from time to time, for maintaining and developing different breeds of cow, bull, bullock and buffalo in different agro-climatic zones of the State;
(i) "certified bull" means a bovine bull meeting the prescribed standard for semen production and is included as certified bull, in the certificate of registration of a semen station or any bovine bull certified to be of prescribed standard for semen production by the Authority, from time to time;
(j) "Government" means the State
Government;
(k) "natural service" means use of breedable
healthy bulls for making female bovines pregnant by natural mating;
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(l) "premises" means any land area, yard, building, or vessel or vehicle or any other location that is used for bovine frozen semen production and for providing bovine AI service;
(m) "prescribed" means prescribed by rules made under this Act;
(n) "prescribed standards" means the standards prescribed by the Authority, from time to time, and to be adhered to by those seeking a certification of registration, namely: —
(i) semen stations intending to use bovine bulls for frozen semen production in accordance with the methods and parameters as may be prescribed;
(ii) semen stations intending to produce, process, store and distribute bovine frozen semen in accordance with the procedures and parameters as may be prescribed;
and
(iii) AI service provider intending to provide AI services in accordance with the procedures and parameters as may be prescribed;
(o) "registered veterinary practitioner" means a graduate in veterinary science registered under the Veterinary Council Act, 1984 (Central Act 52 of 1984);
(p) "semen station" means premises, where a facility is setup for production, processing and storage of bovine frozen semen;
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(q) "semen bank" means premises, where a facility is setup for storage and distribution of bovine frozen semen;
(r) "State" means the State of Tamil Nadu.
Section 3 (g) of the said Act reads as follows:
“3. Appointment and Functions of the Authority:-
(1)....
(g) regulate natural service of bovine breeding
24. Section 12 of the said Act reads as follows:
“12. Regulations for bovine breeding through natural service. (1) Bovine breeding through natural service shall be restricted to only indigenous breeds.
(2) All farmers who intend to keep male bovine for breeding by natural service either for their own herd or for making service available to other farmers' bovines shall register the male bovine with the person identified by the Authority in such manner as may be prescribed.
(3) The registration shall be for a period of two years and application shall be submitted for renewal of the registration every two years.
(4) The person identified under sub-section (2) shall provide the certificate of registration for the use of male bovine for natural service within forty five days of application after examination of the male bovine and related 21/30 https://www.mhc.tn.gov.in/judis ( Uploaded on: 24/03/2026 01:19:45 pm ) W.P.(MD)No.6328 of 2020 documents.
(5) All male bovine intended for natural service shall be identified with ear tags as approved by the National Dairy Development Board.
(6) A breeding soundness certificate shall be obtained from the appropriate authorities as may be identified by the Authority before inducting the male bovine for natural service.
(7) The farmers shall ensure that the male bovine used for natural service are subjected to periodical testing for diseases by the person identified or accredited by the Authority as that of male bovine used for AI services that would be prescribed, from time to time. The disease free certificate shall be produced when demanded by identified authorities.
(8) The farmers shall ensure that the male bovine used for natural service are subjected to periodical vaccination for diseases by the person identified or accredited by the Authority as that of male bovine used for AI services that would be prescribed, from time to time. The vaccination certificate shall be produced when demanded by the person identified by the Authority.
(9) The person identified under sub-section (2) shall have power to enter the premise where the male bovine for natural service are reared for examining the animals for their breeding fitness and compliance with this Act.
(10) The male bovine declared unfit for breeding or infected with disease shall be eliminated by the farmer in 22/30 https://www.mhc.tn.gov.in/judis ( Uploaded on: 24/03/2026 01:19:45 pm ) W.P.(MD)No.6328 of 2020 such manner as may be prescribed.
(11) The farmers shall maintain records of the male bovine used for natural service in such form and in such manner, as may be prescribed.
(12) Any institution or individual desirous of using liquid semen of an indigenous bull for breeding purposes on its or his own animals or animals owned by others, shall comply with all procedure as may be prescribed.”
25. The aforesaid provisions make it clear that bovine breeding through natural service shall be restricted to indigenous breeds only. Sub- sections (2) to (6) of Section 12 of the said Act mandate the registration of all male bovines intended for natural service and the renewal of such registration every two years. They further require that such bovines be identified with ear tags approved by the National Dairy Development Board and that a certificate of breeding soundness be obtained from the appropriate authorities. It is relevant to note that it is the stand of the State that such regulations were introduced solely to prevent the transmission of zoonotic and sexually transmitted diseases among bovines. It is further submitted that the continuous use of any native or other breed for mating with female cattle may adversely affect the health 23/30 https://www.mhc.tn.gov.in/judis ( Uploaded on: 24/03/2026 01:19:45 pm ) W.P.(MD)No.6328 of 2020 of the bull and also increase the likelihood of disease transmission, as stated in the counter affidavit filed by the respondents. It is also pertinent to note that such practices may, in fact, cause serious pain and suffering to both the bull and the female.
26. Further, Section 3 of the Prevention of Cruelty to Animals Act, 1960, makes it clear that it is the duty of every person having the care or charge of any animal to take all reasonable measures to ensure its well-being and to prevent the infliction of unnecessary pain or suffering upon such animal. Section 11(b) of the Prevention of Cruelty to Animals Act also prohibits any person from employing an animal for work, labour, or any other purpose if, by reason of its age, disease, infirmity, wound, sore, or any other cause, it is unfit for such employment. It further prohibits the owner from permitting any such unfit animal to be so employed. Therefore, the Act itself clearly shows that there shall not be any cruelty to the animals.
27. Therefore, we are of the view that the continuous allowance of mating without any restrictions would also lead to serious consequences, such as the spread of diseases and deterioration in the 24/30 https://www.mhc.tn.gov.in/judis ( Uploaded on: 24/03/2026 01:19:45 pm ) W.P.(MD)No.6328 of 2020 health of animals. Hence, the introduction of regulations in the form of testing animals prior to such mating through natural service, particularly in respect of indigenous breeds, would not, in our view, violate the Prevention of Cruelty to Animals Act, 1960. Much emphasis has been placed on sub-section (10) of Section 12 of the said Act, which provides that a male bovine declared unfit for breeding or infected with disease shall be eliminated by the farmer in such manner as may be prescribed. It is relevant to note that, as stated by the State, the word ‘elimination’ does not mean the destruction or killing of the animal, but merely the removal of such a bull from use, i.e., from continuous mating. Therefore, the term ‘elimination’ in sub-section (10) of Section 12 of the said Act cannot be interpreted to imply that the animal is to be killed. The main object, as stated in the counter affidavit, is to prevent the transmission of disease resulting from unregulated mating. The regulations themselves are intended only for indigenous breeds and aim to control the unregulated mating of native bulls with multiple cows in a single day. Such practices can cause serious health issues for the bull and increase the risk of disease transmission. Sexually transmitted diseases can affect not only the bull but also the female cows.
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28. Therefore, we are of the view that the introduction of regulations under the Act for testing the fitness of bulls for natural service does not violate any provisions of the said Act or the Constitution of India. In fact, Article 48 of the Constitution of India, makes it clear that the State shall endeavour to organise agriculture and animal husbandry on modern scientific lines and shall, in particular, take steps for preserving and improving the breeds and prohibiting the slaughter of cows and calves other milch and draught cattle. Therefore, when indigenous breeds are used for natural mating indiscriminately for commercial purposes by farmers on a continuous basis, it can, in fact, cause serious health deterioration across the entire population.
29. Therefore, the State, in its wisdom, has introduced regulations imposing certain restrictions, particularly requiring the testing of bulls before their use in natural service, and also mandating the production of three certificates, viz., breeding soundness certificate, disease-free certificate, and vaccination certificate from a veterinarian. Such restrictions, in our view, do not violate any provisions of the law or the Constitution of India. In fact, it would protect the health of both 26/30 https://www.mhc.tn.gov.in/judis ( Uploaded on: 24/03/2026 01:19:45 pm ) W.P.(MD)No.6328 of 2020 bulls and female cattle. Therefore, since only certain restrictions have been introduced under Section 12 of the said Act, the petitioner’s contention that the entire Act is ultra vires the Constitution of India cannot be accepted. The counter affidavit itself clearly states that the word ‘elimination’ mentioned in sub-section (10) of Section 12 is not to be interpreted as meaning the killing of the animal, but only the removal of the animal from breeding.
30. Section 4 of the Prevention and Control of Infectious and Contagious Diseases in Animals Act, 2009 (Centra Act No.27 of 2009) has also fixed the responsibility of the owner to segregate the animal and prevent it from grazing or drinking the water in a common source to protect the public health. Therefore, the mere requirement for the production of a breeding soundness certificate, a disease-free certificate, and a vaccination certificate for the bull, particularly an indigenous bull used for natural service, i.e., mating with females, cannot lead to the conclusion that the entire Act is ultra vires. Further, as rightly pointed out by the learned Additional Advocate General, apart from the ominous allegations in the affidavit, the competence of the State to enact the Act has not been challenged. Therefore, we find no merits in the Writ 27/30 https://www.mhc.tn.gov.in/judis ( Uploaded on: 24/03/2026 01:19:45 pm ) W.P.(MD)No.6328 of 2020 Petition, and it cannot be held that the Act enacted by the State is ultra vires the provisions of law or the Constitution of India.
31. With the above observations, this Writ Petition is dismissed. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.
[N.S.K., J.] & [M.J.R., J.]
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W.P.(MD)No.6328 of 2020
To
1. The Chief Secretary,
State of Tamilnadu,
Secretariat, Fort St.George,
Chennai-600 009.
(R1 Cause Title Deleted Vide Court
Order Dated 05.08.2021 in W.M.P(MD).9104/2021)
2. The Secretary, The Department of Animal Husbandry Dairying and Fisheries, Secretariat, Fort St George, Chennai-600 009.
3. The Director, Directorate of Animal Husbandry and Veterinary Service, DMS Complex, 3rd Floor Block 2, Anna Salai, Teynampet, Chennai-600 018.
4. The Secretary to Government, Law Department, Secretariat, Fort St George, Chennai-600 009.
29/30 https://www.mhc.tn.gov.in/judis ( Uploaded on: 24/03/2026 01:19:45 pm ) W.P.(MD)No.6328 of 2020 N.SATHISH KUMAR, J.
AND M.JOTHIRAMAN, J.
vsm Order made in W.P.(MD)No.6328 of 2020 24.03.2026 30/30 https://www.mhc.tn.gov.in/judis ( Uploaded on: 24/03/2026 01:19:45 pm )