IN THE HIGH COURT OF DELHI
Satish Chandra Sharma, Subramonium Prasad, JJ.
Scouts and Guides for Animals and Birds - Appellant
Versus
Union of India - Respondent
W.P.(C) 2045 of 2022
Decided On : 02-09-2022
| Table of Content |
|---|
| 1. petitioner's aim for animal welfare. (Para 1 , 2 , 4) |
| 2. contestation regarding transportation cruelty. (Para 3 , 5) |
| 3. regulatory framework for animal transport. (Para 6 , 7 , 8 , 9 , 11) |
| 4. compliance with transport regulations mandated. (Para 12 , 13 , 14) |
| 5. court's directive for ensuring regulatory adherence. (Para 15 , 16) |
JUDGMENT
Satish Chandra Sharma, C.J. The petitioner before this Court - a Registered Trust, has filed the present writ petition under Article 226 of the Constitution of India as a Public Interest Litigation (PIL) and is represented by Mr. Naresh Kadyan, who is its Founder Member. The Trust aims in social work working deeply towards animal welfare and other causes in favour of society at large.
2. The petitioner Trust has filed the present writ petition alleging transportation of camels into the State of Delhi from Rajasthan in violation of the statutory provisions as contained under the Prevention of Cruelty to Animals Act, 1960. The petitioner has stated that every year during the Independence Day Parade, large number of camels are transported in goods carrier subjecting them to cruelty and the petitioner has submitted various representations from time to time to various authorities, however, they have not been looked into. The petitioner has also stated that he has submitted various applications under the Right to Information Act in respect of the procedure adopted by the respondents for transporting the camels and the same reveals that the camels are being transported from Rajasthan to Delhi in different vehicles violating Sections 3, 11 and 38 of the Prevention of Cruelty to Animals Act, 1960 along with Central Motor Vehicles (11th Amendment) Rules, 2015.
3. The petitioner has placed reliance on a judgment delivered in the case of Animal Welfare Board of India Vs. A. Nagaraja & Ors., Civil Appeal No.5387/2014 [S.L.P. (Civil) No.11686/2007] and his contention is that action should be initiated against the persons who are subjecting the camels to cruelty while transporting them to Delhi.
4. The petitioner has stated in the writ petition that almost 100 camels are brought every year in goods transport vehicles to Delhi violating the statutory provisions, and therefore, action should be initiated for safe transport of camels and action be also initiated against the persons who are involved in transport of camels. The petitioner has prayed for the following reliefs:
"In view of the submissions made above and in the light of facts and circumstances of the case, the petitioner most respectfully prays that in the interest of justice this Hon'ble Court may kindly be pleased to issue appropriate writ, order and directions against the respondents thereby,
(a) allow the present Public interest litigation considering the paramount interests i.e. welfare of camels who are being exploited and their fundamental right being negated by the acts of the respondents which is in ultra-contravention of 125E of M.V Act, 1988 and Section 3 and 11 of the Prevention of Cruelty to Animals Act 1960;
(b) take suo-motto cognizance of the illegal trasporattion of camels in vgross violation of the rules as laid down by the Union of India;
(c) take necessary action against the respondents who had acted in contravention of the rules as laid under in CML APPEAL NO. 5387 OF 2014@ Special Leave Petition (Civil) No.11686 of 2007) titled as Animal Welfare Board of India Versus A. Nagaraja & Ors by the Hon'ble Apex Court;
(d) take suo-motto cognizance of the matter at hand and direct the Respondent no. 3 to issue a monitoring probe order and thereby regulating and prohibiting the violations in line of standing order no. standing order no. 31/2010 issued by Delhi Police;
(e) pass any other order which this Hon'ble Court may deem fit and proper in the interest of justice."
5. This Court has issued notice in the matter and various status reports have been filed from time to time in the matter.
6. Respondent No.2 has f
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Ownership of animals does not guarantee custody if the owner fails to comply with legal requirements for their transport and care, as established under the Prevention of Cruelty to Animals Act and re....
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The custody of seized animals under the Prevention of Cruelty to Animals Act should be given to institutions capable of providing proper care and maintenance, and possession should not be handed over....
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