VINIYOG PARIVAR TRUST Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS public interest litigation is filed for appropriate directions to the concerned authorities so as to prevent atrocities and inhuman and cruel treatment meted out to birds, despite there being full protection under the provisions of the Wild life (Protection)Act, 1972 and the Rules framed the thereunder, particularly by preventing the entry and sale of wild birds in the city of Mumbai and the State of Maharashtra. It is submitted that, despite the provisions of the Prevention of Cruelty to Animals Act, 1960 and the Rules framed thereunder, the respondents are not taking any action against the persons who violate the said Act and Rules. It has been pointed out that the respondents, for reasons best known to them, are turning complete blind eye in implementing the aforesaid Acts and Rules and permit inhuman and cruel treatment to the birds; they are caught and brought to the city of Mumbai for sale, export or other prohibited purposes. It is, therefore, prayed that the respondents be directed not to grant licence to any person for the purpose of bringing in birds and that criminal action be taken against such persons, it is also submitted that such birds be confiscated and released in the National Park. The petitioners have joined various authorities, who are required to implement the Acts and the Rules, as party-respondents.

(2.) THE petitioners have also relied upon Article 51-A of the Constitution, which inter alia, prescribes fundamental duties of the citizens to the effect that every citizen of India shall protect and improve the natural environment, including forests, lakes, rivers and wild life, and shall have compassion for living creatures. It is submitted that the directions given by the Supreme Court in the case of (M. C. Mehta v. Union of India) 1988 (1) S. C. C. 471 are not followed by the authorities. The petitioners have also referred to the provisions of the Wild Life (Protection) Act, 1972, which define the word Animal to mean "amphibians, birds, mammals and reptiles and their young, and also includes, in the cases of birds and reptiles, their eggs". Similarly, provisions of the Prevention of Cruelty to Animals Act, 1960 are also referred to, which define the word Animal to mean " any living creature other than human being".

(3.) IT has been submitted that, on the basis of the said Acts, the Central Government has framed the following Rules:-