Karnataka High Court Asks State About Schemes For Welfare Of Stray Animals, Establishment Of Taluk Shelters

A division bench of Chief Justice Ritu Raj Awasthi and Justice Suraj Govindaraj during the hearing orally observed "Because these stray animals damage crops. There is a necessity that the state government must come out with some scheme. On one hand they say cows should be protected and there should be protection of these animals and on the other hand what they are doing with respect to protection of these animals."

Advocate Vani H appearing for the state government sought time to seek instructions on whether the state government has notified any scheme for the welfare of stray animals. The directions were given during the hearing of a petition filed by the High Court Legal Services Committee.

The plea, filed in the year 2019, sought a direction to the respondent to establish Goshalas in each Taluk. Further, to provide necessary fodder, water, shelter and health care in the Goshalas already existing and that would be established in the State of Karnataka. Though the relief was claimed in respect of Goshalas, in fact, the relief is for setting up cattle sheds and the relief is not confined only to the cows.

The plea relied on law laid down by the Apex Court in the case of Animal Welfare Board Of India vs A.Nagaraja and Others, wherein it was held that right to dignity and fair treatment is not only confined to human beings alone, but extends to animals as well.

The Apex Court had heavily relied upon Clause (g) of Article 51-A which lays down the fundamental duties of the citizens as well as the provisions of the Prevention of Cruelty to Animals Act, 1960.

Even in the case of animals, life means something more than mere survival or existence or instrumental value for human beings, but to lead a life with some intrinsic worth, honour and dignity. Unless adequate food and water is provided to the animals, it cannot be said that animals can lead a life with intrinsic worth, honour and dignity, it was held.

The matter will be next heard on January 22.

Case Title: High Court Legal Services Committee v. State Of Karnataka  

Case No: WP 18628/2019