Prevention Of Animal Cruelty Act Needs To Be Scrupulously Implemented: Tripura High Court

The Tripura High Court recently remarked that the Prevention of Cruelty to Animals Act, 1960, Rules framed thereunder and the guidelines issued from time to time by the statutory authorities do need to be observed scrupulously at all levels by the concerned State authorities.

The division bench of the Chief Justice Aparesh Kumar Singh and Justice Biswajit Palit directed the State authorities to ensure that such guidelines be once again circulated to the officers in the field so that cases of non-compliance of the provisions of the Prevention of Cruelty to Animals Act, 1960 (Act of 1960) and Rules framed thereunder by the officers at the ground level are not repeated again.

The Court was hearing a PIL filed by an Advocate and an animal right activist working in the field of animal welfare activities as a member of the NGO “Society for Welfare of Animal and Nature (SWAN)”.

The petitioner drew the attention of the High Court to an incidence which occurred on July 25, 2024 at about 03:00 pm at Kamrangabari, Kailashahar, Unakoti District in respect of a vehicle which was intercepted transporting cattle including cows, claves and bulls illegally in an inhumane manner in violation of the Act of 1960, Transport of Animals Rules, 1978, Prevention of Cruelty to Animals (Care and Maintenance of Case Property Animals) Rules, 2017 and the Motor Vehicles Act, 1988.

It was the allegation of the petitioner that despite information by a local activist, and a written complaint in the Kailashahar Police Station under the provisions of the Act of 1960, the cattle and the vehicle seized were released by the police without following the prescribed procedure under the Act of 1960.

It was the contention of the petitioner that the complainant was being influenced to withdraw the complaint.

The Government Advocate submitted that adequate action has been taken against the concerned inspector, after issuance of show-cause notice by imposing a 'final warning' for such negligent act with a direction not to repeat such act in near future by the Superintendent of Police, Unakoti District, vide office order dated November 22, 2024.

It was further submitted by the Government Advocate that respondent authorities are obliged to follow the procedure prescribed under the Act, 1960 and the Rules framed thereunder and respondent-authorities have assured that all such precautions would be taken in future to ensure that the letter of the law in this regard is duly complied with.

The petitioner submitted that direction may be issued to the respondent-authorities to ensure that in future strict compliance of the provisions of the Act of 1960 and the Rules framed thereunder be carried out in matters of seizure and release of such seized animals.

“We are of the considered view that the Act of 1960, the Rules framed thereunder and the guidelines issued from time to time by the statutory authorities do need to be observed scrupulously at all levels by the concerned authorities. The concerned respondents would also ensure that such guidelines be once again circulated to the officers in the field so that cases of non-compliance of the provisions of the Act of 1960 and Rules framed thereunder by the officers at the ground level are not repeated again,” the Court said.

Case Title: Ms. Paramita Sen v. The State of Tripura & Ors.

Case No.: WP(C) (PIL) No. 5 of 2024

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