Important Point—Cruelty towards animals should be prevented anyhow.

1. The relief sought for in PIL No. 320 of 2014 is to declare the inaction of the respondents, in not taking steps to implement the provisions of the Prevention of Cruelty to Animal Act, 1960 (the “1960 Act” for short) and the A.P. Gaming Act, 1974 (hereinafter called the “1974 Act”) against anti-social elements organizing cockfights with betting, selling illicit liquor, gambling, and subjecting animals and birds to cruelty during Sankranthi festival from 10.01.2015 to 16.01.2015 in the West Godavari District of Andhra Pradesh, as being arbitrary, illegal and against the provisions of the 1960 Act and the 1974 Act. A consequential direction is sought to the respondents to implement the provisions of the 1960 Act and the 1974 Act, against anti-social elements organizing cock-fights with betting and other illegal activities.

2. W.P. (PIL) No. 177 of 2016 is filed by the Animal Rescue Organisation, Kakinada, and another, seeking a mandamus from this Court to declare the action of the respondent-authorities in not taking steps to stop cockfights, and in not forming Societies for Prevention of Cruelty to Animals (“SPCAs” for short) for each district, as illegal and arbitrary; and, consequently, to direct the respondents to stop and prevent cockfights and betting in Krishna, West Godavari and East Godavari districts, and to form SPCAs as per law in each district, and punish officers and peoples’ representatives who abet such events.

3. By order in P.I.L. M.P. Nos. 221 and 402 of 2015 and 2 of 2016 in W.P. (PIL) No. 320 of 2014 dated 09.06.2016, the Animal Welfare Board of India, Secunderabad, the National Trustee of People for Animals, India and Sri Kanumuru Raghu Ramakrishna Raju were impleaded as respondents 4 to 6. As the Sankranthi festival, from 10.01.2015 to 16.01.2015, had already expired this Court, by its order dated 08.11.2016, suo motu amended the prayer in W.P. (PIL) No. 320 of 2014, and deleted the period mentioned therein. Consequently cock-fights with bettings organized during the Sankranthi festival season, irrespective of the year, is under challenge in W.P. (PIL) No. 320 of 2014.

4. W.P. (PIL) No. 320 of 2014 has been filed, in larger public interest, by a social worker, and the President of the Birds Lovers Association of India, who claims to be fighting against social evils including cock-fighting and betting. It is his case that cock-fights are organized during Sankranthi festival in a majority of villages in East Godavari, West Godavari and Krishna Districts of the State of Andhra Pradesh; the organizers collect huge amounts from people who participate in cock-fighting; lakhs of rupees are exchanged with the support of political leaders; those from the middle class and the lower middle class, addicted to betting, spend their entire savings thereupon; the organizers of betting tie small knives to the legs of cocks and arrange for them to fight each other; these cocks sustain severe injuries in this cruel game; the organizers have the support of the political hierarchy, and function with the connivance of some of the police officers at the local level; despite his representation to the Superintendent of Police, West Godavari district to take immediate preventive action, the latter has not issued any instructions to his subordinates to take preventive measures to eradicate such fowl play; during Sankranthi festival season, several anti-social elements organize and form groups to conduct cock-fights with betting; arenas are constructed in farmhouses; police officers are influenced by greasing their palms with heavy amounts, to avoid action being taken against both the organizers and the participants; every year several MLAs, MPs, MLCs, Cine-actors, and their respective party cadre, participate in these events; crores of rupees change hands during the Sankranthi festival season; this has resulted in those belonging to the middle class losing their hard earned savings; such cock-fights violate Section 11 of the 1