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In these writ petitions preferred under Article 32 of the Constitution of India, the petitioners, Compassion Unlimited Plus Action, the Animal Welfare Board of India, Gauri Maulekhi, People for Ethical Treatment of Animals India and Federation of Indian Animal Protection Organizations, have prayed for an appropriate writ, order or direction for quashing Notification No.G.S.R.13(E) dated 7th January, 2016, published by the respondent, the Union of India, in The Gazette of India; Extraordinary, and further to command the respondent to ensure compliance with the law laid down in Animal Welfare Board of India vs. A. Nagaraja and Others (2014) 7 SCC 547, and to pass such other order as may be deemed necessary. There is a prayer for stay of the impugned Notification.

Article 51A(g) states that it shall be the duty of citizens to have compassion for living creatures. In State of Gujarat v. Mirzapur Moti Kureshi Kassab Jamat and Others (2005) 8 SCC 534, this Court held that by enacting Article 51A(g) and giving it the status of a fundamental duty, one of the objects sought to be achieved by Parliament is to ensure that the spirit and message of Articles 48 and 48-A are honoured as a fundamental duty of every citizen. Article 51A(g), therefore, enjoins that it was a fundamental duty of every citizen “to have compassion for living creatures”, which means concern for suffering, sympathy, kindliness etc., which has to be read along with Sections 3, 11(1)(a) & (m), 22 etc. of PCA Act.

[F.No.27/01/2011-AWD] HEM PANDE, Special Secy.” It is submitted by the learned senior counsel appearing for the petitioners that the said Notification does not really efface the verdict of this Court and, in fact, it runs contrary to the provisions of the PCA Act. It is urged by them that though the Central Government by recent Notification has added conditions, but treating of bulls in such a manner would not be justifiable regard being had to the compassion which has been enshrined under the PCA Act and the fundamental duties engrafted under Article 51-A of the Constitution of India. Learned counsel would urge that the use of bulls in this manner cannot be a matter of festivity for the human race, particularly in the 21 st century and, therefore, the Notification dated 7th January, 2016, should be stayed.