Andhra HC (Pre-Telangana)
Tempalle Chandra Sekhar vs State Of Andhra Pradesh & 8 Others on 24 July, 2018
Equivalent citations: AIRONLINE 2018 HYD 238, (2018) 5 ANDHLD 604
HONBLE THE CHIEF JUSTICE SRI THOTTATHIL B. RADHAKRISHNAN AND HONBLE SRI JUSTICE V. RAMASUBRAMANIAN
WRIT PEITION (PIL) No.98 OF 2017
24-07-2018
Tempalle Chandra Sekhar.. Petitioner
State of Andhra Pradesh & 8 others.. Respondents
Counsel for the Petitioner:Sri K.S. Murthy
Counsel for respondent Nos.1, 3 & 9:Special Government Pleader
Counsel for respondent Nos.2, 4 & 6: G.P. for Home
Counsel for respondent No.5 : G.P. for Revenue
<GIST:
>HEAD NOTE:
?CASES REFERRED:
HONBLE THE CHIEF JUSTICE
SRI THOTTATHIL B. RADHAKRISHNAN
AND
HONBLE SRI JUSTICE V. RAMASUBRAMANIAN
WRIT PETITION (PIL) No.98 OF 2017
ORDER (ORAL) : (Per the Honble the Chief Justice Sri Thottathil B. Radhakrishnan)
1. This Writ Petition was instituted alleging that respondent No.7 was being given possession or custody of animals which were found to have been transported in violation of the laws governing transport of animals.
2. We have heard the learned counsel for the petitioner, learned Special Government Pleader for State of Andhra Pradesh for Government Pleader for Animal Husbandry appearing for respondent Nos.1, 3 and 9, learned Government Pleader for Home appearing for respondent Nos.2, 4 and 6 and the learned Government Pleader for Revenue appearing for respondent No.5.
3. Through the course of this Writ Petition, this Court is seen to have embarked upon its constitutional obligation in furtherance of the requirement to reach out and support the suffering animals. It was then noticed by this Court that no Society, as enjoined by the Prevention of Cruelty to Animals (Establishment and Regulation of Societies for Prevention of Cruelty to Animals) Rules, 2001; hereinafter referred to as SPCA Rules; was constituted in any part of the State of Andhra Pradesh. Those Rules are framed under Section 38 of the Prevention of Cruelty to Animals Act, 1960 (hereinafter referred to as the Act). This led to various queries being raised by the Bench, as well as directions. That has now culminated with Society for Prevention of Cruelty to Animals; being constituted in all the thirteen (13) districts of State of Andhra Pradesh, going by the submissions of learned Special Government Pleader. We are told that requisite space has also been allotted to those Societies; for short SPCAs; to carry out their activities in terms of the SPCA Rules.
4. The Directive Principles of State Policy are fundamental in the governance of the country and it shall be the duty of the State to apply those principles in making the laws. Though the provisions contained in Part IV of the Constitution are not per se enforceable by any Court in view of the interdiction to that effect in the opening part of Article 37, what follows such restriction, as part of that Article, delineates the duties and qualifies the authority of the repositories of governance to be guided by the principles contained in that Part. This is so because those principles are, in terms of the Constitution, reckoned and stipulated as fundamental in the governance of the country. The constitutional directive through Article 37 in Part IV operates in the realm of executive functions as well, since the executive power is co-extensive with the legislative power. Part IV of the Constitution treats it as fundamental in the governance of the country that the State shall, in particular, direct its policy towards securing, among other things, the facilitation of due operation of the economic system, that would lead to utilizing the material sources of the community for common good. The provisions in Part IV of the Constitution tantamount to the constitutional expression of the avowed national goals of the progression of the national community of citizens for the common good. Having regard to the constitutional goals sought to be achieved and the constitutional values engrained in the Constitution, spreading over its Preamble and the different Articles, the common good doctrine is a constitutional value that ought to course through appropriate modality of reaching out, to support the flora and fauna as well. Such approach is absolutely essential for the sustenance and holistic management of the environment of this parcel of the Universe called Earth; with its unfathomed living and non-living elements of which homo sapiens form a negligible lot. This is an inseparable and indefeasible component of the constitutional policy of governance in terms of the guiding beacons as to nation management, as envisioned among the Directive Principles of State Policy in Part IV of the Constitution.
5. It is among the Fundamental Duties of the citizens enlisted in Article 51-A in Part IV A of the Constitution that it shall be the duty of every citizen of India to have compassion for living creatures, to value and preserve the rich heritage of our composite culture, to abjure violence, as well as to strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavour and achievement. Humaneness, including compassionate and humane treatment of animals, is part of the rich heritage of this nation. Developing scientific temper, humanism and spirit of inquiry and reform is part of the constitutional expectations from citizens, to be reckoned and performed by them as fundamental duties.
6. The Directive Principles referable to Articles 40 of Part IV of the Constitution stand advising the spread of the citizens fundamental duty in terms of Article 51A(g). The fundamental duty of the citizens to have compassion for living creatures coupled with the constitutional obligation of the State to protect and improve the environment, gives the requisite constitutional value infused potency to enjoin the making of Laws, among other things, to prevent cruelty to animals. The Directive Principles of State Policy in Part IV and the fundamental duties of citizens in terms of Article 51A of the Constitution taken together demonstrate the direct positive duty of the State and the citizens to ensure animal welfare.
7. The Prevention of Cruelty to Animals Act, 1960 was preceded by the Prevention of Cruelty to Animals Act, 1890 which was deficient in various aspects. The 1960 Act is the result of consideration of relevant issues following the appointment of a Committee to investigate and suggest measures for the prevention of cruelty to animals. The 1960 Act was thus brought in as a comprehensive legislation for the prevention of cruelty to animals. The Act provides for establishment of Animal Welfare Board of India and contains various provisions regulating experimentation on animals and restrictions on exhibition, training and performance of animals. Treating animals cruelly is made an offence punishable under the provisions of the Act. It is the constitutional obligation of the States to enforce the provisions of the Act and the Rules framed thereunder, including the SPCA Rules. This is the obligation of the State. The Act, apart from prescribing the prohibited activities, which would bring the humans to be in conflict with law, also provides the spectrum of regulatory laws which ought to be operated by the State to ensure wellbeing and protection of the animals, atleast to the extent to which such protection and wellbeing is envisioned through the legislative provisions now in operation. The eligibility to have such duties to protect them would be part of the entitlements of the animals attendant to their existence and such entitlement is founded on the cohesiveness of the States duty to be guided by the Directive Principles of State Policy and the citizens duty referred to in Article 51A(g) of the Constitution. Taking all these aspects into consideration, we find that the operation of the regime of legal aid, as enjoined by Article 39-A of the Constitution of India, would be available to be activated in such a manner, as would be required in the circumstances of the like nature.
8. Rule 3 of the SPCA Rules enjoin, among other things, that SPCAs should be established by every State Government, in any event within six months from 26.03.2001, the date of institution of those Rules. However, the fact remains that on the teeth of such provision in the SPCA Rules, the State Government constituted SPCAs only fifteen (15) years thereafter; in 2017; that too, only on being prompted by the Writ Court on behalf of the voiceless creatures, whom we politely refer to as animals. The State Government has to provide adequate land and other facilities to the Society for the purpose of constructing infirmaries and animal shelters. Every infirmary and animal shelter is required to have a Veterniaray Doctor and an Administrator and staff as are required in terms of different sub-rules of Rule 4 of the SPCA Rules. SPCAs are also to be involved in the management of cattle pounds and pinjrapoles owned and run by the local authorities. While the SPCAs are required to submit annual reports to the Animal Welfare Board of India in terms of Rule 5 and we expect that Board to carry out the requisite exercise in terms of sub-rules (2) and (3) of that Rule; in the present situation, as noticed in relation to the State of Andhra Pradesh, we are of the view that effective, vibrant and proactive involvement of legal service institutions is necessary; at least for the time being; to ensure that the SPCAs operate in conformity with the provisions of the SPCA Rules and with due vigilance and vigor, as is expected of them, having regard to the objects sought to be achieved by the making of SPCA Rules as well as the Prevention of Cruelty to Animals Act, 1960, under which, SPCA Rules are made. This could be carried out without in any manner impairing due action of the Animal Welfare Board in terms of the Rules.
9. For the aforesaid reasons, this Writ Petition is ordered directing that the Government of Andhra Pradesh shall issue immediate instructions to all the SPCAs of the thirteen (13) districts which it has constituted and any other SPCA, which it may constitute from time to time, that they shall place monthly reports of their performance before the Chair Person of the District Legal Services Authority (DLSA, for short) of the District in relation to which each SPCA is constituted. The SPCAs shall also place annual reports before the DLSA concerned about due compliance of the requirements as per Rule 5 of the Rules to submit annual reports to the Animal Welfare Board of India. The DLSA Chair Persons are directed to forward such reports to the Member Secretary of the Andhra Pradesh State Legal Services Authority, who, in turn, shall make consolidated half-yearly reports including instances, if any, of non receipt of reports as directed herein; and place it for consideration of the Executive Chairman of that State Legal Services Authority. This will enable Andhra Pradesh State Legal Services Authority to, if necessary, seek appropriate directions from jurisdictional authorities including judicial authorities and if needed from this High Court as well. No order as to costs.
As a sequel thereto, Miscellaneous Petitions, if any, pending stand closed.
______________________________________ THOTTATHIL B. RADHAKRISHNAN, CJ ___________________________ V. RAMASUBRAMANIAN, J July 24, 2018