Kerala High Court: While hearing a suo motu PIL registered to monitor the instances of animal abuse in the State of Kerala the Division Bench of A.K. Jayasankaran Nambiar and Gopinath P., JJ., addressed a number of issues considering animal rights.
The instant case was registered suo motu by the Court in the light of the inhuman killing of a Labrador, Bruno; after a video of three men pouncing, thrashing and torturing a labrador resting by the boat went viral on social media.
On being informed by the Amicus Curiae, Mr Ramesh Babu that certain proceedings had been initiated against the owners of the deceased animal (Bruno), possibly with a view to pressurise the owners into compounding the offence and withdrawing the complaint, considering the seriousness of the matter, the Bench directed the Director-General of Prosecution to enquire as to whether any proceedings had in fact been initiated against the owners of the deceased dog and the nature of those proceedings.
On Animal Birth Control Measures
It was highlighted before the Court by Animal Legal Force Integration, an Animal Welfare Organisation that the animal birth control measures across the state were currently being implemented through bodies such as the Kudumbasree. Therefore, the Bench directed the state government to inform the Court as to whether or not the Kudumbasree was an organisation registered with the Animal Welfare Board of India for the purposes of the Animal Birth Control (Dogs) Rules, 2001.
The Bench directed that, pending reconstitution of the State Animal Welfare Board, the State Government must immediately conduct an enquiry to ascertain whether the infrastructural requirements as mandated under the said Rules, read with the Circular dated 18-08-2020 of the Animal Welfare Board of India, are in place in the State and shall submit a district-wise report indicating availability of such facilities, together with an inventory of the medical equipment, ambulances and the personnel employed at each of those facilities.
On Licence for Animal Adoption
The State Government in the Local Self Government Department was directed to issue public notices requiring owners of animals- cattle, pets etc., falling within their respective local limits to register the animals in their ownership with the local authority concerned and obtain a licence therefor as mandated under the Municipality/Panchayat Act/Rules. The Government was granted liberty to prescribe the forms of licences and fix fee that can be collected for the registration/licencing procedure, and ensure that the registration/licencing of all such animals presently kept by owners is completed within six months. Further, the Bench made it clear that the instructions issued by the Government shall also require the future owners of animals to register their animals with the local authority concerned within three months of acquiring the said animal.
Public-private Partnership Model
Taking into account the constraints faced by the State Government during the pandemic, the Bench suggested the State Government to explore the possibility of adopting the public-private partnership model for setting up the said infrastructure to immediately provide for animal shelters and allied infrastructure, as mandated by the Prevention of Cruelty to Animal Act, the Animal Birth Control Rules. Further, the Bench suggested that, the government could make use of the facilities currently maintained by the various animal welfare organisations in the State, by offering them financial and infrastructural support to the extent possible.
On instruction to keep Pets in Chains/Cages
Noticing that many local authorities have published notices inter alia, instructing pet owners to keep their pets restrained at all times, either in kennels or in chains and to ensure that community dogs are deprived of sources of food and water over which the former have control, the Bench expressed,
“We are shocked by the said instructions that appear to have the imprimatur of the Animal Welfare Department of the State, for they militate against the objectives sought to be achieved by the Prevention of Cruelty to Animals Act, 1916, and the Rules framed thereunder.”
Therefore, the Bench directed the State Government to ensure that all such posters, put up in public locations, including the various Government institutions, veterinary hospitals, and Panchayat/Municipality offices, are immediately taken down and to further ensure that no such notices are put up in future which are not in compliance with the objects of the statutory provisions.
Lastly, the Bench asked the counsel for Animal Welfare Board to place on record any suggestion of the Board regarding the proper composition of the State Animal Welfare Board.[Bruno, In Re., 2021 SCC OnLine Ker 2778, decided on 14-07-2021]
Kamini Sharma, Editorial Assistant has reported this brief.
Appearance by:
Amicus Curiae: Mr Ramesh Babu
For Animal Legal Force Integration: Angels Nair, General Secretary
Counsel for Central Government: Mr Jaishankar V. Nair
