Kerala High Court Orders Expeditious Appointment Of Veterinary Staff In Lakshadweep

The Kerala High Court while disposing of a Public Interest Litigation (PIL) directed the Director of Animal Husbandry to appoint veterinary staff under the Central Government sponsored scheme called 'Livestock Health and Disease Control' in Lakshadweep within three weeks. 

A Division Bench of Chief Justice S. Manikumar and Justice Shaji P. Chaly asked the concerned authorities to expeditiously finalise appointments of veterinary surgeons and other staff, empathising with the plight of the animals and birds on the island deprived of medical attention. 

"Having regard to the plight of the birds and animals without getting any treatment as evidenced from Exhibits P3, P4 and P5 office orders and the representations dated 30.09.2021, 09.10.2021 and 06.10.2021 submitted by the petitioner, we direct the Director (Animal Husbandry), respondent No.4, to initiate and finalise the appointment of the above said surgeons and staff on contract basis under the above said scheme by utilising the fund, within three weeks from the date of receipt of a copy of this judgment. Sufficient allocation and permission be granted by the competent authority, if not done earlier."

The petitioner had approached the Court seeking to remedy the emergent necessity for engaging veterinary doctors by the Lakshadweep Administration for medical treatment of animals, birds etc in the inhabited and isolated islands.

Advocates K.M. Firoz and Aashique Akthar Hajjigothi appearing for the petitioner pointed out that the veterinary doctors who were engaged by the Administration had been disengaged without any reason and there was no one to attend to their medical needs which left animals suffering from severe pain and misfortune.

The Court noted that there were no veterinary doctors engaged by the Administration in nine out of ten inhabited islands of Union Territory of Lakshadweep as alleged by the petitioner. 

Material on record disclosed that on the expiry of the contract period, services of the Veterinary Assistant Surgeons in Kavaratti, Androt, Minicoy, Kadmat, Kiltan, Kalpeni and Amini Islands have been disengaged since October 2021 by the Director, Directorate of Animal Husbandry, Lakshadweep Administration.

"The inaction by the Administration to make alternative arrangements to engage veterinary doctors is clearly against the non-human rights and animal rights as well as fundamental and legal rights of the inhabitants."

The Bench further observed that the casual approach in disengaging and not making alternative arrangements has resulted in a lack of medical care, emergency care, surgical care, gynaecology and dystocia care as well as vaccination and breeding facilities for the animals and birds.

"Lack of medical care to non-humans, in turn, affects the health of human beings resulting in contagious and other diseases to human beings and amounts to a violation of the fundamental right to proper health care of inhabitants and citizens enshrined under Articles 21 and 14 of the Constitution of India," the Court pointed out. 

It was also emphasised by the Bench that the rights of islanders and inhabitants to have their pets and animals treated with adequate facilities is a part of their fundamental and legal right to have medical care and health.

The respondents contended that there is a proposal to implement the Livestock Health And Disease Control Scheme sponsored by the Ministry of Fisheries, Animal Husbandry & Dairying, Government of India and funded by the Government of India. It was also submitted that 9 Veterinary Assistant Surgeons, Para Veterinary Staff and Driver-cum-Attenders will be engaged on a contract basis under the scheme. 

However, the Bench found that as of today there was no treatment for the birds and animals.

During the course of the hearing, the petitioner submitted that there are two veterinary surgeons working in Kavaratti Island.

Taking note of the time likely to be consumed in finalising the appointment on a contract basis, Lakshadweep Administration was directed to explore the possibility of deputing the said doctors to inhabited Islands or even permitting any NGO or qualified veterinary surgeons to provide treatment in such inhabited areas, under supervision.

The writ petition was disposed of accordingly.

Advocate Sajith Kumar V., ASGI S.Manu, Central Government Counsel Jaishankar V. Nair and Standing Counsel Thomas Mathew Nellimoottil for UPSC appeared for the respondents. 

Case Title: Dr. C.P. Abdul Kabeer v. Union Territory of Lakshadweep & Ors.

Citation: 2022 LiveLaw (Ker) 166

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