Ensure Strict Obedience To Laws Relating To Prevention Of Cruelty To Captured Animals Including Birds: Calcutta High Court Directs State

A Division Bench of Chief Justice Thottathil B. Radhakrishnan and Justice Arijit Banerjee has taken up the matter on the basis of a newspaper report that 'exposed the tip of an iceberg' regarding the 'cruel intrusion' into the life birds.

It may be noted that the Calcutta High Court on Friday (04^th December) took suo moto cognizance of the illegal smuggling and trading of endangered species of birds in the State.

The Advocate General submitted before the Court that due to the state's geographic location and the prevailing socio-economic scenario of the region, West Bengal has become a major transit point for illicit wildlife trade.

He also submitted that the Wildlife Wing of the West Bengal Forest Department, in coordination with other enforcement agencies like the Wildlife Crime Control Bureau, the Police Department, Customs, BSF, Coast guards, etc. keeps a strict vigil to prevent such activities.

The state government also told the court that control of the illegal trade poses a major challenge to the forest department of West Bengal, which shares its border with Bhutan, Nepal and Bangladesh.

Apart from this, he also listed out the actions which are taken to control wildlife related crime especially illegal trade and smuggling and the actions which are required to be taken.

Court's Order

The Court noted that a conjoint reading of the provisions of the Pet Shop Rules shows that the activity of pet shops can be carried on only in relation to those pet animals, including pet birds, the ownership of and trade in which is not prohibited by any other law, rules or regulations.

The Court also observed that Rule 3(i)(a) provides that no person shall establish or operate a pet shop or any other establishment engagement in sale, purchase or exchange of pet animals by whatever name called, without obtaining a certificate of registration from the competent authority in prescribed form.

The Court further noted,

"Migratory birds do not carry passports and do not need visa stamping. The geographical territories or terrain from which the migratory birds may move would not at all be relevant to provide protective umbrella of the Constitution of India and the Statues falling under it for the succour to and management of the fauna which fly in of their own."

In the aforesaid circumstances, taking note of the stand of the State Government and the facts indicated in the suo motu writ petition, with the assistance of the newspaper reports and, in the larger public interest, which includes the interest of supporting the environment, ecology and, in particular, the fauna life, the Court directed,

"The official respondents to strictly ensure obedience to the laws relating to prevention of cruelty to animals and birds and also the laws governing the prevention of cruelty to captured animals, in particular capturing of birds as well as the activities of dealing with birds, utilising birds which are not eligible to be dealt with in any manner violative of the provisions of Prevention of Cruelty to Animals (Pet Shops), Rules, 2018."

The Court also directed that the contents of the order shall percolate to offices and officers concerned.

The court further ordered that the separate action-taken reports with regard to the activities carried forward on the basis of Court's order should be placed on record by the Principal Chief Conservator of Forests and the DGP, West Bengal Police, before the next date of hearing.

The matter has been posted for further hearing on 19^th January 2021.

Case Title: In re : Smuggling and illegal trading of endangered species of birds [WPA 10138 of 2020 With IA no. : CAN 1 of 2020]

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