12 February 2024 Animal Protection Laws >> Environmental Law  

A recent decision by the High Court saw the dismissal of a petition filed by an animal rights advocate. The petition challenged the constitutionality of Section 23 of the Prevention of Cruelty to Animals Act, 1960 (PCA) and sought interim relief to prevent alleged animal cruelty during a private event scheduled for March 1-3, 2024.

Petitioner's Arguments:

The petitioner contended that the upcoming event would violate animal welfare laws by potentially exhibiting animals in a manner prohibited by the PCA. They argued that Section 23 of the Act was unconstitutional and sought a court order to halt the event entirely.

Respondent's Defense:

The event organizers and associated animal welfare organizations, named as respondents in the case, countered the petition. They asserted their exemption from the PCA's provisions based on their specific classifications under relevant wildlife protection statutes and recognized zoo regulations. Additionally, they assured the court of adherence to proper animal care protocols during the private event.

Court's Reasoning:

The court ultimately dismissed the petition, finding it to be premised on mere apprehension of potential animal cruelty. While acknowledging the petitioner's concerns, the court highlighted the existence of a High Powered Committee (HPC) established by a prior court order.

Role of the High Powered Committee (HPC):

The HPC functions as a designated body empowered to investigate complaints related to animal welfare and undertake necessary fact-finding missions. In light of the HPC's mandate, the court directed their presence to oversee the aforementioned event. The HPC is authorized to take all permissible legal precautions to ensure the animals are not subjected to inhumane treatment.

Court's Order:

The court's order grants the HPC the discretion to either depute a representative or attend the event in its entirety to effectively monitor animal welfare during the private function.

  Prevention of Cruelty to Animals (Amendment) Act, 1982