'Miserable Condition Of Horses': Calcutta High Court Directs State Gov To Frame Policy Regarding Horse Carriages Plying Near Victoria Memorial

The Calcutta High Court on Tuesday directed the State government to frame a policy to address the deplorable condition of horses used to haul tourist carriages near Victoria Memorial in Kolkata. The West Bengal Department of Home Affairs was ordered to place on record such a policy before the next date of hearing which is slated to take place on February 28. 

A Bench comprising Chief Justice Prakash Shrivastava and Justice Rajarshi Bharadwaj was adjudicating upon a batch of Public Interest Litigation (PIL) petitions moved by PETA India and CAPE Foundation seeking an end to the use of horses for carriage rides near the memorial. 

Advocate Amitesh Banerjee appearing for the State government apprised the Bench that he had consulted the petitioners and had taken note of their suggestions. He further informed the Bench that he had referred the matter to the Home Department since the matter required a policy decision to be taken by the State government. 

Accordingly, the Court recorded in its order, 

"Learned counsel for the State has submitted that he has a meeting with learned counsel for the petitioners after the previous order and suggestions have been received to take care of the miserable conditions of horses near the Victoria Memorial. He submits that the issue has now been referred to the Home Department of the State and a policy decision is required in this regard which will be taken by the Home Department considering all the relevant material."

Furthermore, advocate Abhratosh Majumdar appearing for one of the petitioners implored the Bench to pass a direction for the framing of the concerned policy in a time-bound manner considering the gravity of the grievance raised. He remarked, "Policy should be framed in time-bound manner. Horses are in an absolutely deplorable state". 

During the proceedings, a suggestion was also put to the Bench by the petitioners that the High Court should constitute a Committee in the meantime in order to oversee and regulate the functioning of such horse-drawn carriages. 

Taking cognisance of the concerns raised, the Court directed the counsels appearing for the petitioners to submit their suggestions to advocate Amitesh Banerjee appearing for the State who was further instructed to forward the same to the concerned authority who is responsible for formulating such a policy. 

"Learned counsel for the petitioners as well as other effected parties can submit their suggestions to Mr. Amitesh Banerjee, learned senior counsel appearing for the State who will forward the same to the authority concerned which is in the process of formulating the policy", the Court observed. 

Thus, the Court adjourned the matter for further hearing on February 28 by directing, 

"Let the policy so formulated by the State be placed on record before the next date of hearing."

It may be noted that the Bombay High Court back in 2015 had declared Victorias or horse-drawn carriages to be completely illegal and had further instructed the government to effect a ban on them within a year from the judgment.

Case Title: People For Ethical Treatment Of Animals (PETA) v. State of West Bengal and Ors 

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