Glue Trap Ban: Gujarat High Court Criticizes State Animal Welfare Board Over Non-Implementation Of Animal Cruelty Prevention Rules

The Gujarat High Court has expressed strong disapproval of the Gujarat State Animal Welfare Board for its failure to effectively implement the provisions of the Prevention of Cruelty to Animals Act, 1960, and the associated Rules, 2001.

The court noted a significant gap in the enforcement of rules aimed at preventing animal cruelty, particularly concerning the use of glue traps and glue boards for catching rodents.

The court, led by Chief Justice Sunita Agarwal and Justice Pranav Trivedi, highlighted, “From the perusal of Rules, 2001, it is evident that the District Level Society for each District in the State to be established for Prevention of Cruelty to Animals was required to be constituted by the State Government to ensure the implementation of various provisions of the Act and the Rules made thereunder.”

“There is nothing on record as to whether any such Society has been constituted to ensure implementation of various provisions of the Act and the Rules of Prevention of Cruelty to Animals Act, 1960. We take strong exception to the statement made by the Joint Director (Animal Husbandry), Gujarat State Animal Welfare Board, Gandhinagar in showing helplessness that any notification if is to be issued to prevent usage of glue traps and glue boards to catch rodents can only be issued by the Central Government vide notification issued under the Prevention of Cruelty to Animals Act,” the division bench added.

This ruling came in response to a Public Interest Litigation concerning the non-implementation of a circular dated 05.09.2023 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 04.08.2001 and a communication dated 16.11.2020, which urged the cessation of glue trap usage due to the unnecessary pain and suffering it causes to animals.

The court took strong exception to the statement made by the Joint Director (Animal Husbandry), Gujarat State Animal Welfare Board, Gandhinagar, which suggested that any notification to prevent the usage of glue traps and glue boards for catching rodents could only be issued by the Central Government. The court observed that this statement demonstrated a lack of understanding of the provisions of the Act and the responsibilities of the state.

The court pointed out that the affidavit submitted by the Joint Director (Animal Husbandry) appeared to be filed without proper knowledge of the Act and its provisions, which require the formation of societies to implement the law at the grassroots level. In response, the court issued a word of caution to the officer and directed the Member Secretary of the Gujarat State Animal Welfare Board to file a personal affidavit. This affidavit must address the court's concerns about the strict implementation of the Prevention of Cruelty to Animals Act.

The Member Secretary has also been directed to take all necessary steps to ensure compliance with the Act, the Rules of 2001, and any other relevant regulations before submitting his affidavit by the next court date.

The court had previously asked the Assistant Government Pleader representing the state to provide a detailed response from respondents nos. 2, 3, and 4 regarding the steps taken to implement the prohibition outlined in the 05.09.2023 circular. An affidavit dated 04.07.2024 from the Joint Director (Animal Husbandry) stated that the department had prohibited the manufacture, sale, and use of glue traps through the 05.09.2023 circular. However, it also noted that the department lacks specific powers to enforce this prohibition and had proposed the issuance of a formal notification by the Agriculture, Farmer Welfare, and Co-operation Department of the Government of Gujarat.

The affidavit further stated that the Prevention of Cruelty to Animals Act, 1960, being a central legislation, does not empower the state government to issue such prohibitive notifications. It suggested that the Central Government is the appropriate authority to make decisions on this matter. Meanwhile, the department has issued an Executive order/Government Resolution and communicated with the concerned department for formal action.

The court emphasised in its Order, “the Prevention of Cruelty to Animals Act, 1960 has been enacted to prevent the infliction of unnecessary pain or suffering on animals and for that purpose to amend the law relating to the prevention of cruelty to animals. The Act contemplates establishment of Animal Welfare Board of India for the promotion of animals welfare generally, and for the purpose of protecting animal from being subjected to unnecessary pain or suffering in particular.”

The matter has been scheduled for further hearing on 09.08.2024.

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

Click Here To Read Order