DAYA Vs. STATE OF KERALA

JUDGEMENT

(1.) The writ petition is filed as a Public Interest Litigation for directions to the various State authorities to prevent cruelty to animals while under transport. We have heard the learned counsel appearing for the petitioner and the learned Government Pleader appearing for the respondents. The petitioner's allegation is that animals brought to Kerala for slaughtering from outside States like Tamilnadu and Karnataka are transported under conditions which are in violation of the various provisions of the Transport of Animals Rules, 1978 prescribed by Central Government under Section 38(2)(h) of the Prevention of Cruelty to Animals Act, 1960. Petitioner has not made regular traders or anyone transporting animals from outside to Kerala as parties in the writ petition. However, it is common knowledge that large number of animals are brought to Kerala mainly for slaughtering and for sale of meat in the local markets in Kerala. These animals are transported in large numbers only in trucks under conditions which amounts to intrinsic cruelty to animals. The petitioner has produced various photographs of animals under transport in trucks which clearly prove that more than the permitted number of animals are transported, leading to cruelty to them.

(2.) The learned Government Pleader submitted that the Central Rules of Transport of Animals referred above and Rule 197 of the Kerala Motor Vehicles Rules, 1989, for transport of animals are as far as possible followed by the State authorities and enforced. The learned counsel for the petitioner submitted that Animal Husbandry Department does not have even officers attached to all the check posts even to check the conditions under which the animals are transported.

(3.) From the photographs produced and published materials we are satisfied that the Rules are violated for the transport of animals probably because if Rule 197 of the Motor Vehicles Rules and Rule 56 of the Transport of Animal Rules with regard to space to be provided to each animal in the vehicle are followed then certainly only a very limited number of animals can be transported in huge trucks leading to heavy cost of transportation per animal which may be unbearable for animal traders as well as for buyers. However, we see no reason why the Rule should not be implemented because the purpose of the Rule is to ensure compliance of statutory provisions, which is prevention of cruelty to animals. Therefore, certain directions are called for to prevent cruelty to animals under transport at least in future.