IMPORTANT POINT
The central legal point established in the judgment is the recognition of the inherent rights of animals and the need to protect their dignity, welfare, and freedom from unnecessary suffering, as enshrined in the Prevention of Cruelty to Animals Act, 1960, and the Constitution.

JUDGMENT :

ARIJIT BANERJEE, J.

1. This contempt application has been filed for alleged wilful violation of a judgment and order dated April 18, 2019, whereby a coordinate Bench disposed of a Public Interest Litigation which was registered as W.P. 7022(W) of 2019.

2. The issue that was raised in the writ petition was with regard to protection of environment, forests and wild life at large and in particular, the indiscriminate killing of thousands of wild mammals, birds and reptiles, which are protected under various Schedules to the Wild Life (Protection) Act, 1972 and other statutory provisions.

3. The writ petitioners contended that such killing takes place by hunters from Tribal and Non-tribal communities, especially during “Shikar Utsavs” particularly in the Districts of Paschim Medinipur, Bakura, Purulia, Jhargram and Mursidabad.

4. The writ petition was disposed of by directing the Principle Chief Conservator of Forests, Wild Life, who is also the Chief Wild Life Warden, Department of Forests, Government of West Bengal, to take immediate steps in the matter for effective prevention of atrocities against wild life during Ritualistic Hunting Festivals.

5. Learned Senior Advocate appearing for the petitioners has submitted that a lot of deliberations have taken place on the issue of protecting the wild life but nothing effective has been done. There has been no real implementation of the judgment and order dated April 18, 2019. He submitted that no arrests have been made by the law enforcing agencies nor any criminal proceedings initiated against the offenders.

6. The State respondents and the Railways have filed separate affidavits wherein they have detailed the steps that they claim to have taken at their end.

7. We have heard learned Counsel for the parties at length. All the learned Counsel have submitted that this is a matter in which we should be more concerned about how to implement the judgment and order dated April 18, 2019, rather than to determine whether the respondents are guilty of contempt of Court. We agree.

8. It is of utmost importance that the environment, the forest and the wild life at large are protected and preserved. This is not only because the humans must act with humanity. This is also necessary for maintaining the ecological balance without which Mother Earth will not survive resulting in annihilation of all kinds of life in the planet.

9. The Protection of Cruelty to Animals Act, 1960 is a piece of welfare legislation with an extremely laudable object and purpose. Various provisions of the said statute have been discussed by the Hon’ble Supreme Court in the case of Animal Welfare Board of India vs. A. Nagaraja and Others, (2014) 7 SCC 547. We may profitably extract a few paragraphs from the judgment in that case:

“59. Based on ecocentric principles, rights of animals have been recognized in various countries. Protection of animals has been guaranteed by the Constitution of Germany by way of an amendment in 2002 when the words “and the animals” were added to the constitutional clauses that obliges “State” to respect “animal dignity.” Therefore, the dignity of the animals is constitutionally recognised in that country. German Animal Welfare Law, especially Article 3 provides far-reaching protections to animals including inter alia from animals fight and other activities which may result in the pain, suffering and harm for the animals. Countries like Switzerland, Austria, Slovenia have enacted legislations to include animal welfare in their national Constitutions so as to balance the animal owners’ fundamental rights to property and the animals’ interest in freedom from unnecessary suffering or pain, damage and fear.

60. Animals Welfare Act of 2006 (U.K.) also confers considerable protection to the animals from pain and suffering. The Austrian Federal Animal Protection Act also recognises man’s responsibilities towards his fellow creatures and the subject “Federal Act” aims at the protection of life and well be