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.

Court observations:

• It asked the government to either change the rule or face a stay from the court.
• Animals are a source of livelihood. People live on the basis of their animals. one can’t confiscate them and keep them before the man is convicted. These rules are contrary.
• 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 of the Act says that a person tried for an offence under the Act can be deprived of the ownership of the animal only upon conviction.
  • 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”.

Salient features of the Prevention of Cruelty to Animals Act, 1961

• This act provides for punishment for causing unnecessary cruelty and suffering to animals.
• This act defines animals and different forms of animals.
• This Act enshrines the provisions relating to the establishment of an animal welfare board, its constitution, powers, and functions.
• This act discusses different forms of cruelty, exceptions, and killing of a suffering animal in case any cruelty has been committed against it, so as to relieve it from further suffering.
• This act provides the guidelines relating to experimentation on animals for scientific purposes.
• This act enshrines the provisions relating to the exhibition of the performing animals, and offences committed against the performing animals.
• This Act provides for the limitation period of 3 months beyond which no prosecution shall lie for any offences under this Act.

https://indianexpress.com/article/india/supreme-court-asks-centre-to-withdraw-or-amend-2017-rules-on-confiscating-animals-during-trial-7132306/

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