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2016 Supreme(P&H) 1150
In the High Court of Punjab and Haryana at Chandigarh
RAKESH KUMAR JAIN, J.
Amritsar Kennel Club (Registered) and others - Petitioners
Vs.
The Union of India and others - Respondents
CWP No. 25558 of 2015
Decided On : 28-01-2016
For the Petitioners: Ms. G.K. Mann.
For the Union of India : Mr. Puneet Gupta.
For the Respondents: Mr. Vinod S. Bhardwaj, Ms. Gaganpreet Kaur, Mr. J.S. Toor, Mr. H.P.S. Ghuman, Mr. Sanjeev Soni, Mr. Deepak Sharma, Mr. Deepak Manchanda, Mr. L.M. Gulati.
Headnote:(A) Prevention of Cruelty to Animals Act, 1960, S.21 & S.22--Dog Show--For hosting of dog show--Prior registration with Animal Welfare Brand of Indian is not required--Performing Animals (Registration) Rules, 2001, R.3. (Paras 22 & 23)
(B) Prevention of Cruelty to Animals Act, 1960, S.21 & S.22--Dog Show--The entire case of respondent No.1-Union of India and respondent No.13-AWBI is regarding registration of dogs who take part in the dog show as according to the respondents, they are performing animals and require registration under Section 22(i) of the Act and Rule 3 of the Rules of 2001--Performing Animals (Registration) Rules, 2001, R.3.
The entire case of respondent No.1-Union of India and respondent No.13-AWBI is regarding registration of dogs who take part in the dog show as according to the respondents, they are performing animals and require registration under Section 22(i) of the Act and Rule 3 of the Rules of 2001--No evidence has been led on record by the respondents that any kind of money is being charged by sale of tickets for the dog show by the petitioners/clubs and the pubic is admitted to the entertainment of the dog show--The petitioners have strongly denied charging of any kind of fee by sale of tickets while hosting the dog shows in which the dog owners/lovers assemble besides the onlookers--Thus, in the absence of any evidence on record led by the respondents to contradict the stand taken by the petitioners hosting the dog show free of cost, the dog, as alleged as a performing animal, cannot be termed as "exhibited" or "trained" in terms of Section 21 of the Act and no permission or registration is thus required either to be taken by the dog owner or the club hosting the dog shows in terms of Section 22(i) of the Act and Rule 3 of the Rules of 2001--In M/s Doon Valley Kennel Club’s case (supra), the Uttarakhand High Court, while relying upon a decision of the Madras High Court in the case of Chennai Kennel Club v. Union of India & another, Writ Petition No.18941/2015 decided on 30.06.2015 and a decision of this Court in the case of Chandigarh Kennel Club v. The Union of India & others, CWP No.2566 of 2015 decided on 13.02.2015, held that "there is no prohibition for mere display of dogs that does not involve display skills by dogs and, therefore, there is no scope for any cruelty to the animals, and, as such, there appears to be no requirement in law for taking prior permission of the Animal Welfare Board of India"--Thus, from a combined reading of the provisions of the Act, Rules, precedents and the facts emerging from the record, I am of the view that the owner/club, hosting the dog show, is not required under any provisions either of the Act, Rules of 2001 or the Birth Control Rules to get himself/itself registered with the AWBI and hence, the AWBI has no jurisdiction or right to interrupt, disrupt or cause obstacle in the hosting of dog shows by the petitioners/clubs--Once it has been held that the AWBI has no jurisdiction as the participants of the dog show are not required to get themselves registered with it, the guidelines issued by the AWBI in this regard, would not apply. (Paras 18 to 23)
RAKESH KUMAR JAIN, J.
The petitioners are the registered Kennel Clubs, affiliated with the Kennel Club of India, Chennai (for short “KCI”), a member of the Federation Cynologique International, Brussels (for short “FCI”) and the Kennel Club, London. The FCI has 78 members and contract partners (one member per country); it recognizes 370 breeds of dogs and each has a country of its origin and is a property of a specific country. The petitioner-Kennel Clubs are hosting “Dog Shows” every year in the winter as it is obligatory, being a member of the FCI, to hold minimum one dog show every year. The aims and objects of one of the petitioner-Kennel Clubs i.e. Amritsar Kennel Club, reproduced in the writ petition, read as under:-
“(a) To spread knowledge of pedigreed dogs classified by means of promoting and supporting breed shows and in any other way as the Club may deem fit.
(b) To endeavor to promote the welfare of the pure pedigreed and registered dogs.
(c) To encourage and promote the rearing and selective breeding of dog on scientific lines, through well designed kennels, breeding, finding suitable and promote the importance of blood lines and protect the interest of the dog owners and to provide all possible counsel the help to the dog breeders.
(d) To find a suitable solution to the menace of stray dog, with the cooperation of local administration.
(e) To organize conferences, seminars, workshops, clinics, exhibitions and dog shows whenever possible, and to disseminate information through media.
(f) To endeavor to promote the availability of vaccines, modern medical facilities like clinical testing, X-ray and facilities of operation in local dispensaries, in conjunction with the local Animal Husbandry Department.
(g) To establish and maintain a library.
(h) To render all assistance, advise to new dog owners in the maintenance and care of dogs and to encourage and assist its members in breeding quality pedigree dogs.
(i) To co-operate and associate with other Kennel/Canine clubs and Association formed for similar purposes and registered with the Amritsar Kennal Club under the regulations of the Amritsar Kennel Club.
(j) To print and publish any News-letters, Bulletins, Gazettes, Magazines, Pamphlets, Circulars, Leaflets, and posters that may be considered for the promotion or carrying out any objectives of the Club and the maintenance of the Library.
(k) To acquire purchase, sell, own or take on lease any property land building etc. for fulfilling the objectives of the club and to approach the State government/or any commercial organization for any support that the club may need in the form of Grant, License for conducting dog shows.
(l) To invest the funds of the Club which is not required immediately, in such manner from time to time as may be determined by the executive Committee and according to law.
(m) To initiate such activities which promote brotherhood and better liaison among fellow members.
(n) The sales, improvement and developments to all or part of the Club property.
(o) To spread knowledge of pure breed pedigreed dogs by periodically holding shows, and in any other way the Club may deem fit.
(p) To encourage breeders and Dog enthusiasts train their dogs for obedience, Security work, Agility Trials and Schutzhund Trials and to bring down if necessary trainers from abroad to educate breeders and show enthusiast in India.”
2. The clubs promote and preserve the distinct canine breeds registered with the KCI after strict inspection and scrutiny of their traits, parentage, vaccinations, lineage etc. and are adjudged by the specialist judges, appointed from the panel of judges maintained by the KCI, on a comparative basis strictly as per the individual breed standards (written, compiled and drafted by the bred specialists, veterinarians and judges all over the world) of each competing dog.
3. According to the petitioners, the dog shows are conducted only to spread a scientific knowledge regarding various breeds and breed standa
