As per the Article 246(3) of the Constitution of India in List II of Seventh Schedule the Preservation, protection and improvement of stock and prevention of animal diseases; veterinary training and practice is under State list on which the State has exclusive power to make laws for such State or any part thereof with respect to any of the matters enumerated in List II in the Seventh Schedule. Further, as per the Article 48 of the Constitution of India State shall endeavour to organise agriculture and animal husbandry on modern and scientific lines and shall, in particular, take steps for preserving and improving the breeds, and prohibiting the slaughter, of cows and calves and other milch and draught cattle.
Further, as per Section 3 of the Prevention of Cruelty to Animals Act, 1960, it is the duty of every person having care or charge of any animal to take all reasonable measures to ensure the well being of such animal and to prevent infliction of unnecessary pain and sufferings. Section 11(1) (h) of Prevention of Cruelty to Animals Act, 1960 provides that it is a cruelty, if any person, being the owner of (any animal) fails to provide such animal with sufficient food, drink or shelter and as per the Section 11 (1)(i) it is a Cruelty, if any person, without reasonable cause, abandons any animal in circumstances which tender it likely that it will suffer pain by reason or starvation, thirst and it is also a punishable offense under PCA Act, 1960. The Provisions of the Prevention of Cruelty to Animals Act, 1960 and Rules framed there under need to be implemented by the State Governments.
However, the Animal Welfare Board has issued advisory on stray animals to all the State Governments/ Union Territories vide letter dated 12th July, 2018. The Gaushalas are established to take care of stray animals (s). The Animal Welfare Board encourages such organizations by providing grant-in-aid for taking care of the animals with the budget provided by the Government of India. Apart from the aforementioned actions, many state governments is also taking various actions for rehabilitating stray cattle.
This information was given in a written reply by the Minister of State for Fisheries, Animal Husbandry and Dairying, Shri Sanjeev Balyan in Lok Sabha today.