NEW DELHI, Jan 4: The Supreme Court on Monday asked the Centre to “delete” its three-year-old law which allowed seizure and subsequent confiscation in ‘gaushalas’ of livestock from people, who depended on these animals for a livelihood, even before they were found guilty of cruelty towards them.
A Bench led by Chief Justice of India Sharad A. Bobde warned the government that if it failed to delete it, the apex court would “stay” the implementation of the Prevention of Cruelty to Animals (Care and Maintenance of Case Property Animals) Rules, 2017 notified on May 23, 2017. The rules were framed under the Prevention of Cruelty to Animals Act, 1960.
The 2017 Rules allow a Magistrate to forfeit the cattle of an owner facing trial under the Prevention of Cruelty to Animals Act. The animals are then sent to infirmaries, ‘gaushalas’, ‘panjarapole’, etc. These authorities can further give such animals for “adoption”.
Under the law, the authorities were permitted to seize cattle on a mere suspicion that they suffered cruel treatment at the hands of their owners or were being primed for slaughter.
“Understand one thing here… These animals, and I am not talking about pet dogs and cats, are a source of livelihood. You cannot just seize and keep them confiscated like that… Your Rules are plainly contrary to Section 29 of Prevention of Cruelty to Animals Act, under which only a person convicted of cruelty can lose his animal. You either delete this (Rules) or we will stay it,” Chief Justice Bobde addressed Additional Solicitor General Jayant Sud, for the Centre.
Sud submitted that the Rules had already been notified.
“There is evidence on record to show that actual cruelty is being done against animals,” the law officer said. He then sought time to file a response.
The court scheduled the next hearing for Monday.
The court was hearing a petition filed by the Buffalo Traders Welfare Association. Its advocate Sanobar Ali Qureshi told the court that the Rules were being used as a tool to seize and forfeit their cattle.
The association said the law’s existence had emboldened “anti-social elements” to take matters into their own hands and loot cattle traders. It had become a cause for polarisation in society.
(Manas Dasgupta)
