Change rules on confiscation of animals
Context: The Supreme Court said that a provision in the 2017 rule notified by the Centre, allowing the confiscation of the animals of traders and transporters during the pendency of trials in cases under The Prevention of Cruelty to Animals Act, 1960, is contrary to the latter’s provisions which allow such confiscation only in case of conviction.
- It asked the government to either change the rule or face a stay from the court.
The Prevention of Cruelty to Animals Act, 1960,
- It was authored by acclaimed dancer and animal lover, Rukmini Devi Arundale, is an Act of the Parliament of India enacted in 1960.
- It aims to prevent the infliction of unnecessary pain or suffering on animals and to amend the laws relating to the prevention of cruelty to animals.
- As per the provisions of the law the government of India formed the Animal Welfare Board of India.
Court observation:
- Animals are a source of livelihood. People live on the basis of their animals. Government can’t confiscate them and keep them before the man is convicted.
- Court is checking the constitutional validity of the Prevention of Cruelty to Animals (Care and Maintenance of Case Property Animals) Rules, 2017 and Prevention of Cruelty to Animals (Regulation of Livestock Markets) Rules, 2017.
- The 2017 rules allow a magistrate to forfeit the cattle of an owner facing trial under the Act and send them to infirmaries, gaushalas etc.
- Section 29, which deals with the “power of court to deprive person convicted of ownership of animal”, in clause (1) says that
- “if the owner of any animal is found guilty of any offence under this Act, the court, upon his conviction thereof, may, if it thinks fit, in addition to any other punishment, make an order that the animal with respect to which the offence was committed shall be forfeited to Government and may, further, make such order as to the disposal of the animal as it thinks fit under the circumstances”.
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