Tripura High Court Directs Closure Of Shops In State Selling Wild Animals, Birds Notified Under Wild Life (Protection) Act

The Tripura High Court on Tuesday directed the authorities under the Wildlife (Protection) Act to take action regarding the closure of all such shops in the state of Tripura where animals and birds notified under the Act are being sold.

The Bench of Chief Justice Indrajit Mahanty and Justice S. G. Chattopadhyay has called for a compliance report/order in this regard within a period of two weeks.

The case before the Court

Essentially, the Court was hearing a 2015 PIL filed regarding preventing cruelty to animals and highlighting poor conditions of certain stray animals and pets in the capital city of Tripura, Agartala.

The Counsel for the petitioner stated before the Court that in Agartala city there are as many as 9 pet shops and to her information, none of the shop owners of these shops have obtained registration under the Prevention of Cruelty to Animals (Pet Shop) Rules, 2018.

Importantly, Rule 3 of the said rules provides that no person shall operate a pet shop without registration. These pet shops keep dogs, cats, and birds in small cages.

She submitted that the condition of the animals kept in these pet shops is pathetic. They are locked up in small cages without proper aeration, sunlight, or sanitation. It was also submitted that there is no supervision about their conditions or even whether they are properly fed or not. 

Pursuant to the Court's direction, the Animal Resources Development Department through its Deputy Secretary filed an affidavit submitting that there are as many as 12 pet shops running in the city of Agartala without registration, and all the twelve shop owners were requested to obtain a license from the State Animal Welfare Board.

Court's observations 

At the outset, the Court recorded its surprise that once the authority had found the 12 (twelve) pet shops and breeding centers as being unlicensed, they were statutorily required to act in accordance with law and direct immediate closure of all such activities which cannot be carried out without the necessary license.

Therefore, the Court directed the State Animal Welfare Board and the Agartala Municipal Corporation to ensure that all such illegal pet shops and all breeding centers which are operating without a necessary license shall immediately be closed down.

However, the Court did direct that as and when necessary applications are made the necessary inspection shall be carried out, and if the same is found to be in order and then alone licenses can be granted to them.

Lastly, the Court issued direction to the authorities under the Wild Life Protection Act and listed the matter for further hearing on December 7, 2021.

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