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1 - 5 of 5 (0.74 seconds)Section 21 in The Prevention Of Cruelty To Animals Act, 1960 [Entire Act]
Amritsar Kennel Club And Ors vs Union Of India And Ors on 28 January, 2016
3.The learned counsel for the petitioners submitted that the issue
raised in these writ petitions has been answered in favour of the petitioner
therein in Amritsar Kennel Club (Registered) and others v. the Union of
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W.P.Nos.533 and 764 of 2016
India and others [Civil Writ Petition No.25558 of 2015 dated 28.01.2016
by the Punjab & Haryana High Court at Chandigarh]. Hence, he prayed
for similar order in these writ petitions as well.
The Prevention Of Cruelty To Animals Act, 1960
The Chennai Kennel Club vs The Union Of India on 21 June, 2021
5.This Court heard both sides and perused the materials placed before
this Court, more particularly, the decision of the Punjab and Haryana High
Court (cited supra), wherein, the question arose for consideration is, as to
whether a person/club, interested in participation of his/her/its dog in the
dog show, being held free of cost, without any ticket, is required
compulsory registration in terms of Rule 3 of the Performing Animals
(Registration) Rules, 2001 and Section 21(i) of the the Prevention of
Cruelty to Animals Act, 1960. After detailed analysis, it was observed that
in the absence of any evidence on record led by the respondents to
contradict the stand taken by the petitioners hosting the dog show free of
cost, the dog, as alleged as a performing animal, cannot be termed as
"exhibited" or "trained" in terms of Section 21 of the Act and no permission
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W.P.Nos.533 and 764 of 2016
or registration is thus required either to be taken by the dog owner or the
club hosting the dog shows in terms of Section 22(i) of the Act and Rule 3
of the Rules of 2001. Further, Rule 12 of the Birth Control Rules only lays
down the guidelines for the breeders that they should be registered with the
AWBI, must maintain the record of number of pups born/died and the
record of the person buying the pups. These guidelines are only for the
purpose of birth control of the dogs and have no relevance at all with the
dog show. That apart, the decision of this Court in Chennai Kennel Club v.
Union of India & another, Writ Petition No.18941/2015 decided on
30.06.2015 was also followed, wherein, it was held that "there is no
prohibition for mere display of dogs that does not involve display skills by
dogs and, therefore, there is no scope for any cruelty to the animals, and, as
such, there appears to be no requirement in law for taking prior permission
of the Animal Welfare Board of India". Ultimately, the Punjab and Haryana
High Court was of the view that the owner/club, hosting the dog show, is
not required under any provisions either of the Act, Rules of 2001 or the
Birth Control Rules to get himself/itself registered with the AWBI and
hence, the AWBI has no jurisdiction or right to interrupt, disrupt or cause
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W.P.Nos.533 and 764 of 2016
obstacle in the hosting of dog shows by the petitioners/clubs; and once it
has been held that the AWBI has no jurisdiction as the participants of the
dog show are not required to get themselves registered with it, the
guidelines issued by the AWBI in this regard, would not apply.
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