N. PRAKASH Vs. STATE OF KERALA

JUDGEMENT

(1.) The enforcement of a lockdown period, in the wake of the COVID-19 pandemic, has brought with it a fair share of litigation before this court, reminding us, once again, that there can never be a lockdown of the judicial institution, and that its doors must always be opened to the knocks of hapless citizens.

(2.) Today, however, we have been called upon to respond to the desperate purrs of three felines, whose owner, the petitioner before us, alleges that he was denied a vehicle pass to venture out and purchase 'Meo-Persian' biscuits for his cats. Appearing before us through video conferencing, he submits that, as a pure vegetarian, he does not cook non-vegetarian food in his house and, over the years, his cats have been fed with the above biscuits and they cannot do without them. He states that one packet of 7 kilograms of 'Meo-Persian' Biscuits would see his feline friends through the rest of the lockdown period, and that the said biscuits are available for purchase at the Cochin Pet Hospital that is some distance away from his home. His request for an online pass was, however, rejected by the police authorities without assigning any reasons.

(3.) In his writ petition, the petitioner relies on the provisions of the Prevention of Cruelty to Animals Act, as also the judgment of the Supreme Court in Animal Welfare Board of India v A. Nagaraja - 2014 (7) SCC 547 to contend that animals too have rights, including a fundamental right to life, relatable to Article 21 of our Constitution, and hence the police authorities cannot refuse him a pass for procuring cat food. He also points out that, in the guidelines issued by the Central Government in the Ministry of Home Affairs, 'animal feed and fodder' have been included as 'essential items' in respect of which movement is permitted during the lockdown period.