The Kerala High Court recently comprising of a bench of Justices Jayasankaran Nambiar and P Gopinath renamed a suo motu case initiated by the Kerala High Court on animal cruelty after the dog, Bruno, who was allegedly killed by three minors in the State.
The bench remarked, "To begin with, we direct the Registry to rename this writ petition as “In Re: Bruno (Suo Moto Public Interest Litigation Proceedings initiated by the High Court in the matter of executive and legislative inaction of the State Government in the matter of Protection of Animal Rights)”. We feel that this would be a fitting tribute to the hapless dog that succumbed to acts of human cruelty, and disturbed by which incident we had initiated these proceedings."
Facts of the case
This Writ Petition has been initiated suo motu, inter alia, to monitor State action in reported instances of cruelty to animals, as also to take stock of the measures adopted by the State Executive to effectuate the rights and freedom recognised as inherent in all animals under the Prevention of Cruelty to Animals Act.
Frighteningly frequent have been the instances of cruelty to animals reported in the media in the last couple of years that we believe that the State must now resort to affirmative action to alleviate their misery.
This happened after Justice Jayasankaran Nambiar had written a letter to the CJI urging to take cognizance of a news report of three minors perpetrating the inhuman killing of a dog on a beach in Thiruvananthapuram.
The primary concern expressed in the letter was that the Indian legislation for the protection of animals were founded on the premise of the superiority of the human species over all others.
Courts Observation and Judgment
The court noted, "By way of a caveat we might point out that this Court does not intend to embark upon an exercise of laying down policies that should govern State Action in regard to the protection of animal rights. Our sole endeavor will be to alert the State Executive to the circumstances in which, and the extent to which, it will be required to act in the discharge of its constitutional and statutory obligations. We believe that a meaningful effectuation of rights can be achieved only when the different branches of Government work in concert, and it is this co-operation that we expect in the course of these proceedings."
The Court directed the Kerala State Animal Welfare State (KSAWS) to file a report before the court as regards the action taken till date on the complaint received from the owner of the dog, Bruno.
The bench remarked, "we also direct the 6th respondent to file a report before this Court as regards the action taken till date on the complaint received from the owner of the dog, Bruno, that was killed in the inhuman and gruesome incident on Adimalathura beach on the outskirts of Trivandrum."
The court urged the Director-General of Prosecution, to bestow his personal attention in the matter and ensure that the wheels of the criminal justice system are set in motion to bring to book the perpetrators of the crime.
The Animal Welfare Board of India (AWBI) has been asked by the court to draw up a feasible action plan towards implementing an awareness campaign to educate and sensitize citizens on the rights of animals and the corresponding duties and obligations required of them.
The court said, "We believe that immediate steps in this regard are required to initiate a change in the attitude of our citizenry to the welfare of animals so that gruesome incidents, such as those reported in the media in recent times, do not recur in future".
The bench ordered, "The State Government shall explore the possibility of promoting and holding animal adoption camps throughout the State, at periodic intervals of not less than thrice a year, where persons can be encouraged to adopt animals that have been abandoned by their owners, and are left to wander in the streets in search of food and shelter. Care has to be taken to ensure that adoption in such camps is always in the best interests of the animal concerned.
The State Government shall also explore the possibility of entrusting the District Administrations across the State, with the power to enquire into complaints of infringement of animal rights and cruelty to animals, as also instances where persons are prevented from keeping pets of their choice in their residential apartments. As regards the latter, we are given to understand that the Animal Welfare Board of India has already issued instructions recognising the right of individuals to keep pets in residential apartments, and discouraging the insertion
of clauses in the bye-laws of residential apartment associations that prohibit that keeping of pets by the residents of such apartment complexes. The learned counsel for the 2nd respondent shall place on record the instructions issued in this regard."
Read Judgment ;
SOURCE ; .latestlaws.com/
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