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2019 Supreme(Kar) 1478
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
L. NARAYANA SWAMY, P.S. DINESH KUMAR, JJ.
Akhila Karnataka Kuluva Maha Sangha, Rep. by its General Secretary – Petitioner
Versus
The Commissioner Davanagere City Corporation – Respondent
Writ Petition No. 4128 of 2019
Decided On : 22-04-2019
Advocate Appeared:
For the Petitioner: Smt. Sruti Chaganti.
For the Respondents: Sri. D. Nagaraja, Sri. G.M. Chandrashekhar.
Headnote:
Karnataka Municipal Corporations Act, 1976 - Sections 344, 345 and 346 - Writ petition filed by an organization namely Karnataka presenting communities who are involved in pig rearing avocation by way of public interest litigation challenging order bearing passed by Respondent direct respondents to compensate members of petitioner organization for pigs illegally and unlawfully captured and to direct respondents to provide safe enclaves shelters where members of petitioner organization can rear their pigs and such other reliefs – Held, Case of respondents has been examined and it is found that action is unconstitutional and arbitrary and it is volatile of provisions constitution including right to live - Hence same is to be held as bad in law and unconstitutional - Further pigs which are transported outside Davangere said to be dropped at distance - Towards for which there is no material - As already noticed in earlier paragraphs those animals are engaging people from outside and they are transported outside and they made money out of it depriving people their very livelihood - Cost involved in bringing people from outside to catch animals and shift them outside City of Davanagere could have been utilized to provide proper place for pigs habitation and train persons involved in rearing pigs from Universities established for said purpose like farmers getting training from Agricultural Universities - From materials placed before us court have noticed that some vested interest persons have captured those animals systematically to shift to unknown place and made profit - Those persons have to be compensated for which Corporation has to value pigs they have shifted and make good amount to affected people by constituting committee - Petition disposed
ORDER :
1. This is a writ petition filed by an organization namely, Akhila Karnataka Kuluva Maha Sangha, representing Korama-Korava/Koracha communities, who are involved in pig-rearing avocation, by way of public interest litigation, challenging the order bearing No. Daamapaa/Aasha/B.Pra.Ni./CR-23/2018-19 dated 26.10.2018 passed by the Respondent No. 1, to direct the respondents to compensate members of the petitioner organization for the pigs illegally and unlawfully captured and to direct the respondents to provide safe enclaves/shelters, where members of the petitioner organization can rear their pigs and such other reliefs.
2. It is case of the petitioner that petitioner is a non-profit organization registered under the Karnataka Cooperative Societies Act, 1959 working for the welfare and development of Korama-Korava/Koracha communities. It is their case, they have traditionally earned their livelihood from crafts and have in recent years become entirely dependent on pig-rearing. In July, 2018, the Government of Karnataka included these communities in the list of nomadic/semi-nomadic communities entitled to protection of State Government, particularly in respect of revival of their traditional livelihood. The annual budgetary outlay, Tribal Sub-Plan (TSP) reserves Rs. 10.03 crores for the purpose, inter alia, for granting units of 10 pigs to members of pig-rearing communities.
3. While this is the state of affairs, the respondent No. 1 issued an order dated 26.10.2018 directing capture and destruction of stray pigs in Davangere City, which is arbitrary, unlawful and without application of mind. Unlike goats, sheep or cows, pigs cannot be reared inside homes, they are traditionally left to roam at large and have always played an important role in sanitization of towns and villages with their contemporary demonization. The respondent authorities not only have the resources but are also under an obligation to provide safe enclaves/shelters for the pigs which are very means of livelihood of these communities. The respondent authorities are instead engaging in willful denial of livelihood to these communities. The respondent authorities are under an obligation to reconcile the competing interests of sanitation and economic protection of these depressed castes, instead of resorting to poorly thought through illegal, unlawful and unconstitutional measures. The right to livelihood is a fundamental right guaranteed under Article 21 and the State Government is under constitutional mandate of Articles 38 and 39 to secure economic justice for and empowerment of these depressed castes. The wanton cruelty and violence indulged in by the Respondent No. 1 authority in capturing pigs belonging to members of these protected communities is violative of and are punishable offences under Prevention of Cruelty to Animals Act, 1960.
4. The Korama-Korava-Koracha - Handi Jogi communities are the poorest of the poor in the State and have been explicitly identified as being in need of protection from the State Government. The failure of the respondent authorities to fulfill their constitutional and legal obligations to these communities has left the petitioner organization with no recourse. Hence petitioner has filed the present writ petition.
5. The respondent No. 1 has filed statement of objection and contended that petitioner has no locus-standi to challenge the impugned order. The respondent Nos. 2 to 5 extended various schemes proposed to be undertaken for the social and economical empowerment of Korama-Korava/Koracha communities. The pig-rearers cannot leave pigs for stray, failing which it would spread various diseases and it will be a nuisance to the citizen of Davangere City. Pig-farm being an industry, shall be conducted only after obtaining licence from respective corporation as provided under Sections 344, 345 and 346 of Karnataka Municip
