In a recent judgment, the Gujarat High Court strongly criticized the Gujarat State Animal Welfare Board for its failure to implement the ban on glue traps, as mandated by the Prevention of Cruelty to Animals Act, 1960, and its associated rules. The court’s decision underscores the need for stringent enforcement of animal welfare laws to prevent cruelty and unnecessary suffering to animals.
Background of the Case
The case arose from a Public Interest Litigation (PIL) filed by Narendrasinh Chhatrasinh Rana, highlighting the non-implementation of the circular dated September 5, 2023, issued by the Gujarat State Animal Welfare Board. The circular, based on previous communications from the Animal Welfare Board of India, called for the cessation of glue trap usage due to the severe pain and suffering inflicted on animals.
Legal Framework
The Prevention of Cruelty to Animals Act, 1960, was enacted to prevent the infliction of unnecessary pain or suffering on animals. The Act provides for the establishment of the Animal Welfare Board of India, which is tasked with promoting animal welfare and protecting animals from cruelty. The Act is supplemented by the Prevention of Cruelty to Animals (Establishment and Regulation of Societies for Prevention of Cruelty to Animals) Rules, 2001, which mandate the creation of District Level Societies to ensure the Act's implementation at the local level.
Court’s Criticism
The division bench of Chief Justice Sunita Agarwal and Justice Pranav Trivedi expressed strong disapproval of the Gujarat State Animal Welfare Board's inaction. The court noted the absence of any evidence that the required District Level Societies had been constituted to enforce the Act and its rules. The bench criticized the Joint Director (Animal Husbandry) for claiming helplessness in issuing notifications to ban glue traps, asserting that such authority lies with the Central Government.
Examination of Affidavits
The court examined the affidavit submitted by the Joint Director (Animal Husbandry), which stated that the department had prohibited the manufacture, sale, and use of glue traps through the September 5, 2023, circular. However, the affidavit also highlighted that the department lacked specific powers to enforce this prohibition and had proposed the issuance of a formal notification by the Agriculture, Farmer Welfare, and Co-operation Department of the Gujarat Government.
Court’s Observations
The court observed that the Joint Director’s affidavit demonstrated a lack of understanding of the Act's provisions and the state’s responsibilities. The bench emphasized that the Prevention of Cruelty to Animals Act, 1960, empowers both the Central and State Governments to take measures to prevent animal cruelty. The court directed the Member Secretary of the Gujarat State Animal Welfare Board to file a personal affidavit addressing the court's concerns and detailing the steps taken to ensure compliance with the Act and the Rules of 2001.
Implications of the Judgment
The court's ruling has significant implications for the enforcement of animal welfare laws in Gujarat. It reinforces the necessity for the state to take proactive measures to prevent animal cruelty and ensure the effective implementation of the Act. The judgment also underscores the importance of inter-departmental coordination and the need for clear communication between state and central authorities to enforce animal welfare regulations.
Future Directions
The court scheduled further hearings on the matter for August 9, 2024, directing the Member Secretary to ensure all necessary steps are taken to comply with the Act and the relevant rules. This directive highlights the court’s commitment to ensuring that animal welfare laws are not merely theoretical but are actively enforced to prevent cruelty to animals.
Conclusion
The Gujarat High Court's ruling serves as a crucial reminder of the state's obligations under the Prevention of Cruelty to Animals Act, 1960. By criticizing the Gujarat State Animal Welfare Board for its inaction, the court has underscored the importance of strict enforcement of animal welfare laws. This decision aims to ensure that measures are taken to prevent unnecessary pain and suffering to animals, thereby promoting a more humane and ethical treatment of animals in Gujarat.
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