SC: Animals, a source of livelihood, can’t be seized
Lens on some provisions of Prevention of Cruelty to Animals Act
The Supreme Court on Monday said that animals, barring cats and dogs, are normally a source of livelihood and as such they can’t be confiscated.
“Animals are normally, not cats and dogs but others, are a source of livelihood. You can’t confiscate them. Your rules are contradictory. You either change it or we will stay it” Chief Justice Sharad A. Bobde heading a three-judge bench told the counsel for the Central government.
The candid observation by the Chief Justice came in the course of the hearing of a PIL by the Buffalo Traders Welfare Association (BTWA), challenging the validity of certain provisions under the Prevention of Cruelty to Animals Act.
The counsel appearing for the Centre told the court that the rules have been notified and there
are instances of torture against the cattle.
To this, the CJI replied, “Don’t come to us with such issues. We cannot countenance a situation where the rules are running in contradiction to the objective of the Act. Confiscation can only happen for the people who are convicted.”
The court adjourned
the matter for hearing on next Monday, after counsel for the Centre sought time to file additional affidavit.
Earlier, the apex court had sought the Central government’s response on a plea filed by the Buffalo Traders Welfare Association, challenging the validity of 2017 Rules which allow authorities to seize vehi
cles used in cattle transportation and send the animals to gaushalas or cow shelters.
The petition by BTWA has challenged the notification, particularly Rules 3, 5, 8 and 9, which permit the forfeitures of the animals and sending them to Gaushala, Pinjrapole or infirmary if the owner pleads guilty or is convicted under the Act. The petition has said the notification issued on May 23, 2017, on the Prevention of Cruelty to Animals (Care and Maintenance of Case Property Animals) Rules, 2017 and Prevention of Cruelty to Animals (Regulation of Livestock Markets) Rules, 2017 be declared as “ultra vires and unconstitutional”.
According to the Act, “If the accused is convicted, or pleads guilty, the magistrate shall deprive him of the ownership of the animals and forfeit the seized animal to the infirmary, pinjrapole, SPCA, Animal Welfare Organisation or Gaushala already having custody for proper adoption or other disposition.”
The BTWA has said that the transporters, cattle traders and farmers are facing threats due to anti-social elements since the notification of the impugned rules.