Gujarat High Court Refuses To Add 'Rat Glue Trap' Manufacturers/ Sellers As Parties In PIL For Ban Of Such Methods

The Gujarat High Court on Friday (October 18) rejected two pleas moved by certain manufacturers and sellers of glue traps and glue boards for catching rodents seeking to be added as a necessary and proper parties in a public interest litigation (PIL) plea highlighting suffering caused to the animals due to the use of such methods.

The court however said that it is open for the applicant manufacturer and seller of glue traps to avail the statutory remedies available to them. 

The high court was a hearing a PIL petition concerning the non-implementation of a September 5, 2023 circular issued by the Gujarat State Animal Welfare Board. The circular, signed by the Joint Director of the Animal Welfare Board, referred to previous communications from the Animal Welfare Board of India, including a circular dated August 4, 2001 and a communication dated November 16, 2020 which urged the cessation of glue trap usage due to the unnecessary pain and suffering it causes to animals.

During the hearing a division bench of Chief Justice Sunita Agarwal and Justice Pranav Trivedi noted that the pleas had been filed by persons claiming to be manufacturers and engaged in sale of rodent/rat glue traps. Their counsel Brijesh Trivedi said that the applicants are necessary and proper parties in the PIL petition where a prayer has been sought to prohibit the usage of glue trap methods which cause "unnecessary pain and suffering to the animals".Trivedi said that if some order passed against the manufacturers/sellers then they may be heard.

After hearing the parties the high court while dictating its order said, "The question before this court is about strict implementation of provisions of Prevention of Cruelty to Animals (Establishment and Regulation of Societies for Prevention of Cruelty to Animals) Rules, 2001. The issue has been raised in present PIL is about non implementation of circular dated 5-9-2023 issued by Gujarat State Animal Welfare Board, Gandhinagar. Taking note of the controversy in the present petition which is pertaining to implementation of Rules 2001, we do not find any good ground to entertain the application of manufacturers or the seller of glue trap". 

The court further said in its order, "The court is not supposed to look in to the interest of manufacturers or sellers, in case it has reached at the conclusion that the use of glue traps and glue boards to catch rodents amounts to cruelty upon innocent animals including wild animals such as rodents, snakes, lizards, snakes, bats, squirrels etc., in the larger interest of justice".

Rejecting the applications seeking joining of parties moved by the manufacturers/sellers the high court said that "it is open for the applicants to avail the statutory remedy available to them".

Meanwhile the high court permitted the plea moved by People for Ethical Treatment of Animals (PETA) for joining as a party to the matter, after noting that the organisation is working towards the welfare and protection of animals and to take measures to prevent inhuman treatment to animals. PETA's counsel submitted that it was on their representation the state animal welfare board issued the  2023 circular after the organisation produced before the board that 32 states have imposed the ban. 

The high court further noted that Director of advocacy projects in the applicant organisation, has been authorised to "present the application by way of the resolution dated 5-8-2022 and to conduct the proceedings related to the subject". 

"Taking note of the above, having ascertained the credentials of the applicant, we allow the present application. The applicant namely PETA be impleaded as one of the petitioner's in the present PIL," the high court said. 

Listing the matter on October 25 the high court orally said that on the next date it shall hear the matter on the main issue. 

Case Title: Narendrasinh Chhtrasinh Rana Versus Union Of India & Ors.