Anil Dev Singh, J.

( 1 ) IN the main petition the petitioner challenges the notification of the Government of India, Ministry of Environ- ment and Forests, Deptt. of Environment, Forests and Wild- life, dated 2/3/1991. This notification was issued under Section 22 of the Prevention of Cruelty to Animals Act, 1960. By this notification five animals, namely, bears, monkeys, tigers, panthers and dogs, were banned from being trained or exhibited. By a subsequent notification ban on training and exhibiting of dogs was withdrawn. On 20/3/1991 by means of an interim order the operation of the noti- fication was stayed by this court. On 21/8/1997, dur- ing the course of hearing of the petition, the challenge to the vires of the notification was made, inter alia, mainly on the following grounds:-

"1. The ban has been imposed without there being adequate material available with the Government justifying the necessity of imposing the ban;

2. In order to achieve the object as spelled out by the Preamble of the Act, which is prevention of unnecessary pain or suffering on animals, the Government has failed to apply mind to and decide whether mere regulation or framing of the rules would have served the purpose without banning the training or exhibiting of the ani- mals ;

3. The impugned notification seen in the light of the provisions of the Act is intended to ban circus only without bringing the zoos within its ken, which is discriminatory. "

ON the same date, during the hearing of the petition, it was suggested that the Government of India may have a fresh look at the notification dated 2/3/1991. In the light of the suggestion, the following directions were made :-

"the hearing in this petition is adjourned for a period of 8 weeks. In the meantime, the Government may take up the Notification dated 2/3/1991 for consideration afresh. It may take into consideration such material as may be available with it or it may choose to collect through any of the authentic agencies or such other agency or committee of experts as it may choose to appoint. The petitioners, and such other organisations, as may volunteer them- selves, will be at liberty to place before the Government of India for its consideration such material as they may deem relevant and having bearing on the issue involved. " Pursuant to the order dated August 21, 1997, the Government of India appointed a Committee. The Committee was constituted of the Additional Inspector General of Forests and Wild Life as Chairman, and the Member Secretary, Central Zoo Authority; Director, Wildlife Institute of India and Sh. S. C. Dey, Retd. Additional IGF (WL), as members. The Com- mittee invited certain Animal Welfare Organization besides the petitioner-Indian Circus Federation (I. C. F.) to place before the Committee such material as they may deem relevant and having bearing on the issue involved. The I. C. F. , the Animal Board of India (A. W. B.) and various Animal Welfare Organisations (A. W. Os.) submitted the following material :-

1. A letter from the Royal Society for Prevention of Cruelty to Animals (RSPCA) stating that the book "animal in Circuses and Zoos, Chiron s World" was neither sponsored nor published by the RSPCA by way of endorsing its conclusions. (Annexure-IX to the report ).

2. Animal in Circuses, the RSPCA s conclusion from the Report. (Annexure-X to the report ).

3. Animals in Circuses. (Annexure-XI to the report ).

4. "science to the Rescue", a critical analysis of Dr. Marthekiely Worthington Report. "animal in Circuses" written and researched by Mr. William Johnson. (Annexure-XII to the report)

5. The Rose Tinted Menagerie by Mr. William John- son. (Annexure-XIII to the report ).

6. Information compiled by kindness to Animals and Respect for Animals . (Annexure-XIV to the report ).

7. Report on Circuses in India prepared by Beauty without Cruelty. (Annexure-XV to the report ).

8. "act of Cruelty" - an article written by Mr. William Johnson. (Annexure-XVI to the report ).

9. kin

Click Here to Read the rest of this document