Andhra Pradesh High Court - Amravati
Animal Rescue Organization, vs The State Of Andhra Pradesh, on 16 December, 2019
Author: J.K.Maheshwari
Bench: J K Maheshwari, G. Shyam Prasad
CHIEF JUSTICE J.K. MAHESHWARI
AND
JUSTICE G. SHYAM PRASAD
WRIT PETITION (PIL) No. 176 of 2019
ORAL ORDER
Date: 16-12-2019 (Per J.K.Maheshwari, CJ) Sri K.S. Murthy, learned counsel for the petitioners. The Additional Advocate General for respondent Nos.1 to 5. The Assistant Solicitor General of India for respondent Nos.6 and 7.
2. The petitioners have filed this petition in public interest seeking for the following relief:
"to issue a writ or order or direction more particularly in the nature of writ of mandamus declaring the inaction on the part of the respondent authorities especially the District Administration of Chittoor District in stopping the Jallikattu which has been declared as illegal by the Hon'ble supreme Court, as illegal, unconstitutional and consequently direct the respondents especially the District Authorities of Chittoor District to stop the Jallikattu activity in any form under any guise while prosecuting the persons who are undertaking arrangements for Jallikattu activity including transport of animals in violation of rules and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case."
3. The issue involved in the present case is regarding the event of Jallikattu which per se violates the provisions of the Prevention of Cruelty to Animals Act, 1960 and also some provisions of the Constitution of India. The Hon'ble Supreme Court, in the case of Animal Welfare Board of India Vs. A. Nagaraja (Civil Appeal No.5387 of 2014 and batch, dated 07.05.2014), held as under: 2
"We, therefore, hold that AWBI is right in its stand that Jallikattu, Bullock-cart Race and such events per se violate Sections 3, 11(1)(a) and 11(1)(m)(ii) of PCA Act and hence we uphold the notification dated 11.7.2011 issued by the Central Government, consequently, Bulls cannot be used as performing animals, either for the Jallikattu events or Bullock- cart Races in the State of Tamil Nadu, Maharashtra or elsewhere in the country. We, therefore, make the following declarations and directions:
1) We declare that the rights guaranteed to the Bulls under Sections 3 and 11 of PCA Act read with Articles 51A(g) & (h) are cannot be taken away or curtailed, except under Sections 11(3) and 28 of PCA Act.
2) We declare that the five freedoms, referred to earlier be read into Sections 3 and 11 of PCA Act, be protected and safeguarded by the States, Central Government, Union Territories (in short "Governments"), MoEF and AWBI.
3) AWBI and Governments are directed to take appropriate steps to see that the persons-in-charge or care of animals, take reasonable measures to ensure the well-being of animals.
4) AWBI and Governments are directed to take steps to prevent the infliction of unnecessary pain or suffering on the animals, since their rights have been statutorily protected under Sections 3 and 11 of PCA Act.
5) AWBI is also directed to ensure that the provisions of Section 11(1)(m)(ii) scrupulously followed, meaning thereby, that the person-in-charge or care of the animal shall not incite any animal to fight against a human being or another animal.
6) AWBI and the Governments would also see that even in cases where Section 11(3) is involved, the animals be not put to unnecessary pain and suffering and adequate and scientific methods be adopted to achieve the same.
7) AWBI and the Governments should take steps to impart education in relation to human treatment of animals in accordance with Section 9(k) inculcating the spirit of Articles 51A(g) & (h) of the Constitution.
8) Parliament is expected to make proper amendment of the PCA Act to provide an effective deterrent to achieve the object and purpose of the Act and for violation of Section 11, adequate penalties and punishments should be imposed.
9) Parliament, it is expected, would elevate rights of animals to that of constitutional rights, as done by many of the countries around the world, so as to protect their dignity and honour.
10) The Governments would see that if the provisions of the PCA Act and the declarations and the directions issued by this 3 Court are not properly and effectively complied with, disciplinary action be taken against the erring officials so that the purpose and object of PCA Act could be achieved.
11) TNRJ Act is found repugnant to PCA Act, which is a welfare legislation, hence held constitutionally void, being violative or Article 254(1) of the Constitution of India.
12) AWBI is directed to take effective and speedy steps to implement the provisions of PCA Act in consultation with SPCA and make periodical reports to the Governments and if any violation is noticed, the Governments should take steps to remedy the same, including appropriate follow-up action."
4. The contention of the petitioners is that in this regard, they have already submitted a representation to the authorities concerned, but they are not taking any action on such representation. However, to check the event of Jallikattu in the State of Andhra Pradesh, this writ petition has been preferred.
5. After hearing the counsel for the petitioners as well the Additional Advocate General appearing for respondent Nos.1 to 5, in our considered opinion, no further orders are required in this writ petition, in addition to the directions already issued by the Hon'ble Supreme Court in Animal Welfare Board of India case (supra). Therefore, we dispose of this writ petition with a direction that the order passed by the Hon'ble Supreme Court may be taken note of by the authorities concerned.
As a sequel, all the pending miscellaneous applications shall stand closed. There shall be no order as to costs.
J. K. MAHESHWARI, CJ G. SHYAM PRASAD, J
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CHIEF JUSTICE J.K. MAHESHWARI
AND
JUSTICE G. SHYAM PRASAD
Writ Petition (PIL) No.176 of 2019
(per the Chief Justice J.K. Maheshwari}
16th December, 2019
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