The Orissa High Court, hearing a PIL by Gau Gyan Foundation, has directed the State Government to appoint the “competent authority” under the Odisha Prevention of Cow Slaughter Act, 1960 within three weeks to ensure the law’s effective implementation.
The Bench of Chief Justice Harish Tandon and Justice Murahari Sri Raman observed that Section 3 of the 1960 Act, with a non-obstante clause, imposes a complete prohibition on cow slaughter, overriding any custom or usage to the contrary. While bulls and bullocks are also protected, their slaughter may be permitted only on a written certificate from the competent authority. The Court emphasised that the 1960 Act, being a special legislation, prevails over the Odisha Municipality Act, 1950 and the Odisha Municipal Corporation Act, 2003, which are general in nature.
The Court noted with concern that no competent authority has been appointed since the Act’s enactment, rendering several provisions non-functional. Stating that the law “cannot be a dead letter nor be put in cold storage,” it held that the State cannot shirk its responsibility and must operationalise the Act in line with its purpose.
The matter will be listed on 1 September 2025 for compliance and submission of the appointment report.
Appearances:
Petitioner: Mr. Piyush Panda, Advocates
Respondent: Mr. Debasish Tripathy, AGA
Mr. P.K. Mohanty, Senior Advocate for CMC