HC directs Tangedco to pay ₹50,000 to man whose cow was electrocuted

Courts have a duty to invoke parens patriae jurisdiction to take care of rights of animals since they are unable to take care of themselves, the Madurai Bench of the Madras High Court observed while directing Tangedco to pay ₹50,000 to a man from Kanniyakumari district whose cow was electrocuted.

The court was hearing a petition filed by T. Muthu Irulappan who owned four milch cows. A puddle of water had collected beneath a transformer which was not fenced. One of the petitioner’s cows stepped into the puddle and died instantaneously as there was an electricity leakage. The petitioner sought compensation for the loss of his cow.

Justice G.R. Swaminathan took into account that 9,000 people have died of electrocution since 2006 in Tamil Nadu. Additionally, 2,495 animals (both domestic and wild animals) have been killed across the State during this period. It was the duty of the State, State instrumentalities and local bodies to ensure that the environment was kept safe and did not pose a threat to the lives and limbs of people.

The court observed that it is not as if electrocution is the sole cause. The natural lifespan of cows is cut short due to consumption of plastic. This source of fatality was on an alarming rise. If death takes place due to electrocution, the cause is visible. Death due to consumption of plastic is not apparent.

In the case of the former, death is instantaneous. In the case of the latter, death comes gradually and insidiously accompanied by severe pain. The law that speaks of prevention of cruelty to animals is silent on this. Time has come to take note of this disturbing reality and remedy the situation, the court observed.

The court observed that even though animals do not have rights, the State and its instrumentalities and local bodies have a duty towards them and this duty can be enforced by the courts. The State, its instrumentalities and local bodies including corporations, municipalities and panchayats are obliged to ensure a safe environment. This would include the duty to keep all public streets free of plastic litter. If it was established that death of cows had taken place due to consumption of plastic, action for damages will lie against the erring body/entity. Tangedco is obliged to put in place safety measures so that unnatural deaths do not take place either due to leakage of electricity or by snapping of live wires, the court observed.

Tangedco had failed in its duty to ensure a safe environment by preventing electricity leakage. It is therefore liable to compensate the petitioner, the court observed.

Published - September 21, 2024 09:19 pm IST