The law on animal cruelty is silent on deaths arising out electrocution and consuming plastic, and therefore even without legal rights, animals are owed a duty of care by the state and its agencies, enforceable by courts, by invoking parens patriae jurisdiction to take care of the rights of animals since they are unable to take care of themselves, Madras high court has observed.
It also directed Tangedco to pay a compensation of 50,000 to a man whose cow died of electrocution in Kanyakumari district.
The court was hearing the petition filed by T Muthu Irulappan. In Oct 2023, one of his four cows stepped into a puddle beneath a 100KV power transformer, and died instantaneously due to electrocution. Seeking compensation, the petitioner had filed a petition.
Justice G R Swaminathan observed that the liability of Tangedco to compensate the petitioner is beyond dispute. It is, however, necessary to probe a little more into the basis of tortious liability in such cases. Such an exercise has become imperative because in Tamil Nadu, 9,000 people have died of electrocution since 2006. Additionally, 2,495 animals (both domestic and wild animals) have been killed across the state during this period. This information was supplied by Tangedco under RTI.
It is the duty of the state, its instrumentalities, and local bodies to ensure that the environment is safe and does not endanger people’s lives. Article 21 of the Constitution grants a fundamental right to life and liberty, which cannot be infringed except by law. Although animals do not possess legal personhood and cannot hold rights, the judge questioned whether this exempts the state from its duty toward them.
The judge noted that while electrocution is a visible cause of cow deaths, plastic consumption also shortens their lifespan. Electrocution causes instant death, whereas death by plastic ingestion is slow and painful.
The judge held that the state and local bodies, are obliged to ensure a safe environment for animals. This would include the duty to keep all public streets free of plastic litter. If it is established that the death of cows has taken place due to the consumption of plastic, action for damages will lie against the erring body/entity. Tangedco is obliged to put in place the safety measures so that unnatural deaths do not take place either due to leakage of electricity or by snapping of live wires.
Tangedco had failed in its duty to ensure a safe environment by preventing the leakage of electricity. Tangedco is squarely responsible for the occurrence. Hence, the judge directed Tangedco to pay 50,000 within eight weeks.
