Allahabad High Court Issues Notice On PIL Alleging Illegal Seizure Of Cattle, Malpractices By NGOs

The Allahabad High Court issued notices in public interest litigation seeking strict compliance of The Prevention of Cruelty to Animals Act, 1960. The petitioner further prayed that guidelines be framed for seizure of animals and private NGOs be prohibited from keeping such animals without orders of Magistrate concerned.

Petitioner organization claims to be involved in providing support to people involved in taking care of animals including cattle and other animals. Petitioner alleged various unethical activities are being carried out by several registered as well as unregistered NGOs and other institutions. It has been alleged in the petition that in the grab of providing treatment and care to animals, the NGOs take custody and conduct illegal activities for monetary benefits.

It has been contended in the petition that Section 35 of the Act provides that State Government by order can appoint infirmaries for the purpose of animals who have suffered cruelty. It was alleged that animals being seized for being transported in an overloaded vehicle is not provided in the law and such action by the police is illegal. Lastly, the custody of seized animals is given to organizations without any prior or proper authorization, it is said.

In the petition, it has been pleaded that the organisations taking custody of animals must be regulated by appropriate government authorities to check whether such institutions are adhering to the standards prescribed in The Prevention of Cruelty to Animals Act, 1960.

The bench comprising of Chief Justice Pritinker Diwaker and Justice Ashutosh Srivastava inquired if the petitioner organization was working only for the cause of cattle or other animals, like dogs, as well. To this, petitioner counsel stated that the organization was working for the benefit of cattle as well as other animals.

Chief Justice Diwaker suggested to the counsel for petitioner to look into the systems adopted in Masai Mara, South Africa for animal care and their hospitals. To the State counsels, Chief Justice Diwaker said,

“This is not adversarial litigation. These petitions are not to be opposed. The cause must be forwarded.”

The matter is directed to be listed on 24^th November.

Case Title: Kamal Raj Bhed Bakri Welfare Association v. Union Of India And 5 Others

Counsel for Petitioner: Arvind Agrawal

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