New Delhi: As the country continues to witness incidents of increasing illegal cattle smuggling or transportation of animals in unhygienic conditions, a Delhi High Court bench has noted that no authority has submitted any data on prosecution and evidence shows “no compliance with Prevention of Cruelty to Animals Act, 1960.”
Petitioner Saurabh Gupta had complained that a certificate from the veterinary expert was not being obtained prior to the animals being herded together in transport vehicles and being moved from one place to another.
She also complained that such an act was in gross violation of the Rules 47 to 56 of the Transport of Animals Rules, 1978 which were exercised under Section 38 of the Prevention of Cruelty to Animals Act, 1960.
The bench of Acting Chief Justice Gita Mittal and Justice C Hari Shankar noted that no affidavit filed by the respondent revealed compliance with the law to prevent cruelty to animals. It also noted that authorities had not shown even a single incident where a punitive action was taken against someone found guilty of violating the law.
“None of the affidavits filed before us has disclosed any aspect of compliance with the provisions of the Prevention of Cruelty to Animals Act, 1960 as well as Rules 47 to 56 of the Transport of Animals Rules, 1978 thereof. Not a single instance of violation of statutory provisions has been pleaded in the counter affidavits,” said the court.
Though a standing order is in force for the Delhi Police to take note of such activities, Gupta had argued that there was no implementation of the same.
The Delhi HC has ordered police and other authorities to now follow the standing order and other instructions carefully. “They shall ensure very prompt action upon every complaint received regarding illegal transportation of the animals in violations of the aforesaid legal provisions including the FIRs already registered by them,” said the court.
Date : 14 Jan 2018