INDIAN CIRCUS FEDERATION Vs. UNION OF INDIA

JUDGEMENT

(1.) In the main petition the petitioner challenges the notification of the Government of India, Ministry of Environ- ment and Forests, Deptt. of Environment, Forests and Wild- life, dated 2/3/1991. This notification was issued under Section 22 of the Prevention of Cruelty to Animals Act, 1960. By this notification five animals, namely, bears, monkeys, tigers, panthers and dogs, were banned from being trained or exhibited. By a subsequent notification ban on training and exhibiting of dogs was withdrawn. On 20/3/1991 by means of an interim order the operation of the noti- fication was stayed by this court. On 21/8/1997, dur- ing the course of hearing of the petition, the challenge to the vires of the notification was made, inter alia, mainly on the following grounds:-

(2.) Besides ICF provided the Committee a copy of the book titled - "Animals in Circuses and Zoos, Chiron's World" by Dr. Marthekiley Worthington. The Committee not only examined the above said material but also heard the counsel for the ICF Ms. Geeta Mittal on 22/11/1997. After detailed deliberations and on going through all the material placed before it the Committee felt that following issues are to be looked into :-

(3.) It was noted in the report that the Government of India have already decided to close the zoos that are not congenial to the health of animals and a number of ill-planned zoos (atleast 25%) have been derecognised as the cages are dingy and lack enough space for movement of animals to meet their biological requirements. It was also noted that the mobile Zoos have been refused permission keeping in view the stress that animals were subjected to during the transportation and the size of enclosures in which the ani- mals have to be confined. At this stage, it will be conveni- ent to refer to the relevant extracts of the material which was placed before it:-