SANDHYA KURUMTHOTTICKAL Vs. STATE OF KERALA

JUDGEMENT

(1.) We have heard learned Counsel for the Petitioner, learned Counsel for the Travancore Devaswom Board and learned Senior Government Pleader. We have the benefit of the affidavit dated 27.10.2010 filed by the District Animal Husbandry Officer, Pathananthitta. It discloses that the Government is taking effective steps, but the fact of the matter remains that the plight of the donkeys, if they are put to operation in connection with the Sabarimala festival season for movement of goods etc., continue to be a saga of suffering. We have given our anxious consideration to the materials on record, including the inputs through different paper reports, contents of which are not countered on facts offered by the State Government or the T.D.B. The requirement of healthy donkeys for movement of goods from Pampa and elsewhere to Sannidhanan is also a matter which cannot be ignored. The Petitioner is right in saying that the Central Rules which apply to the Management of Wild Life and also Management of Forests, are not being appropriately considered and applied to govern the movement of the animals which are essentially stated to be brought from Tamil Nadu. The clear suggestion in the materials is that the animals which are brought to Kerala for the purpose, of the season are essentially put to gruesome cruelty, ultimately resulting in their being crippled, disabling them even depriving life. The Petitioner rightly suggests that in most of the cases, the sick or disabled animals are thereafter left to suffer and ultimately the in painful conditions and such animals may only ultimately turn out to be feed for the wild carnivores.

(2.) Animals are an integral part of the Indian economy. Animals have been and are being used in various fields, specially agriculture, transportation and amusement, etc. To reap maximum gains, they have been exploited by human beings by using coercive methods and by inflicting unnecessary pain. In order to prevent cruelty to animals, the then British Government in India enacted the Prevention of Cruelty to Animals Act, 1890 (11 of 1890). During the course of administering this Act, many deficiencies were found. To put the law on sound footing, the Government of India appointed a Committee to investigate and suggest measures for the prevention of cruelty to animals. The said Committee drew attention to a number of deficiencies in the 1890 Act and suggested its replacement by a more comprehensive Act. In terms of the Prevention of Cruelty to Animals Act, 1960, we have provisions to prevent infliction of unnecessary pain or suffering on animals. It was for that purpose and to amend the law then existed in relation, to prevention of cruelty to animals, that the said Act was brought into force in 1960. In terms of that Act, different Rules are framed, including the Prevention of Cruelty of Draught and Pack Animals Rules, 1965 and the Transport of Animals Rules, 1978.

(3.) The Prevention of Cruelty to Draught and Pack Animals Rules, 1965 provides various restrictions, including the maximum load that donkeys could be forced to carry, being pegged at 50 kgs. and general conditions that such animals cannot be forced to work for more than 9 hours a day in the aggregate, which is the maximum and which would depend again on the question of different terrains. Chapter v. of those Rules regulate the transport of Equines, which applies to transport of donkeys as well. Rules 96 and 97 in Chapter IX of those Rules regulate issuance of certificate before transportation. This means that except with the support of appropriate certification in terms of the said Rules, donkeys could not be transferred or transported in any manner. Transport of donkeys by Goods vehicles, rail etc. are also governed by the Rules referred to above. Even if the donkeys are moved by walking them through the entire transit, the relevant among the above referred rules would govern; including the requirement for appropriate certification and general conditions for transport which are contained in Rule 98 of the said Rules. It is the requirement of the rules that animals which are to be transported shall be healthy and in good condition and such animals shall be examined by a veterinary doctor for freedom from infectious diseases and their fitness to undertake the journey, provided that the nature and duration of the proposed journey shall be taken into account while deciding upon the degree of fitness. There is prohibition against transport of any animal which is unfit for transportation and animals which are new born, diseased, blind, emanciated, lame, fatigued or having given birth during the preceding seventy two hours or likely to give birth during transport shall not be transported. Diseased animals have to be segregated and at any rate, they cannot be transported for being put to use where they are to be utilised in commercial activities.