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2014 (5) TMI 1121
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.... the Division Bench Judgment of the Madras High Court at Madurai dated 09.03.2007, filed by the Animal Welfare Board of India (for short "AWBI"), Writ Petition No. 145 of 2011 filed by an organisation called PETA, challenging the validity of TNRJ Act and few other writ petitions transferred from the Madras High Court at Madurai challenging/enforcing the validity of the MoEF Notification dated 11.07.2011 and another set of cases, like SLP No. 13199 of 2012, challenging the Division Bench judgment of the Bombay High Court dated 12.03.2012 upholding the MoEF Notification dated 11.07.2011 and the corrigendum issued by the Government of Maharashtra dated 24.08.2011 prohibiting all Bullock-cart races, games, training, exhibition etc. Review Petition No. 57 of 2012 was filed against the judgment of the Bombay High Court, which was dismissed by the High Court on 26.11.2012, against which SLP No. 4598 of 2013 has been filed. 4. ABWI, a statutory Board, established under Section 4 of the PCA Act for the promotion of animal welfare and for the purpose of protecting the animals from being subjected to unnecessary pain or suffering has taken up a specific stand that Jallikattu, Bull/Bullock-....
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....ch is traditionally and closely associated with village life, especially in the Southern Districts of the State of Tamil Nadu. Organizers of Bullock-cart races in the State of Maharashtra also took the stand that the same is going on for the last more than three hundred years by way of custom and tradition and that extreme care and protection are being taken not to cause any injury or pain to the bullocks which participate in the event. Organizers also submitted that such sport events attract large number of persons which generates revenue for the State as well as enjoyment to the participants. Further, it was also stated that no cruelty is meted out to the performing bulls in Bullock-cart races so as to violate Section 11(1)(a) of the PCA Act and the District Collector, Police Officials etc. are always on duty to prevent cruelty on animals. Further, it is also their stand that the sport events can only be regulated and not completely prohibited and the State of Tamil Nadu has already enacted the TNRJ Act, which takes care of the apprehensions expressed by the Board. 6. The State of Tamil Nadu has also taken up the stand that every effort shall be made to see that bulls are not ....
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....nsure that no unnecessary pain or suffering is caused to the animals, participants as well as spectators, the Government proposes to exempt bulls participating in Jallikattu in the State of Tamil Nadu from the purview of the Notification dated 11.07.2011, subject to the guidelines, copy of which has been provided along with the affidavit filed by the Deputy Secretary, MoEF. 9. Shri Raj Panjwani, learned senior counsel appearing for AWBI as well as for the Petitioner in Writ Petition No. 145 of 2011, submitted that the event Jallikattu, even if conducted following the TNJR Act, would still violate the provisions of PCA Act, especially Section 11(1)(a). Learned senior counsel submitted that Jallikattu, as an event, involves causing the Bull pain and suffering and cannot be free from cruelty and hence falls within the meaning of Section 11(1)(a). Further, it was pointed out that, during Jallikattu, the Bulls, it is observed, carry out a flight response, indicating both fear and pain and suffering. Shri Panjwani made considerable stress on the words "or otherwise" in Section 11(1)(a) and submitted that any act which inflicts unnecessary pain or suffering on an animal is prohibited u....
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....h a welfare legislation of a sentient- being, over which human-beings have domination and the standard we have to apply in deciding the issue on hand is the "Species Best Interest", subject to just exceptions, out of human necessity. Bulls -Behavioral ethology 13. Bulls (Bos Indicus) are herbivores, prey by nature adopted to protest themselves when threatened engaging in a 'flight response', that is run away stimulus, which they find when threatening. Bulls, in that process, use their horns, legs, or brute force to protect themselves from threat or harm. Bulls are often considered to be herd animals. Bulls move in a relaxed manner if they are within a herd or even with other Bulls. Individual Bull exhibits immense anxiety if it is sorted away from the herd. Bulls vocalize when they are forced away from the rest of the herd and vocalization is an indicator of stress. Bulls exhibit a fight or flight response when exposed to a perceived threat. Bulls are more likely to flee than fight, and in most cases they fight, when agitated. 14. Bulls usually stand to graze and pattern of grazing behavior of each herd member is relatively similar, which moves slowly across the pasture wi....
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....t. Dr. Manilal Vallyate and Mr. Abhishek Raje, the Observors of AWBI, have submitted the first report regarding Jallikattu events that took place at Avnlapuram on 14.1.2013, Palamedu on 15.1.2013 and Alanganallur on 16.1.2013. Relevant portions of the reports read as under: "I. Executive Summary In a comprehensive investigation authorized by the Animal Welfare Board of India, investigators observed jallikattu events at venues in Avaniapuram, Palamedu and Alanganallur on the 14th, 15th and 16th of January 2013, respectively. During the course of the investigation, one bull died and many more were injured. Investigators observed that bulls were forced to participate and were deliberately taunted, tormented, mutilated, stabbed, beaten, chased and denied even their most basic needs, including food, water and sanitation. The findings of this investigation clearly show that bulls who are used in jallikattu are subjected to extreme cruelty and unmitigated suffering. All the acts of cruelty to animals detailed in the below observations contravene the orders of the Supreme Court of India and Madurai High Court, which mandate that bulls should not be harmed or torture....
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....icators of fear and pain in cattle. Violation Section 11(1)(a) of The Prevention of Cruelty to Animals Act, 1960, prohibits treating any animal in a way that causes unnecessary pain or suffering. 4. Injuries and Death Because of the absence of a contained "collection area" in Avaniapuram, a bull died after a head-on collision with a moving passenger bus. In Palamedu, a terrified bull sustained a crippling leg injury after he jumped more than 10 feet off a narrow road to escape a mob carrying sticks. In Alanganallur, two bulls, who were terrified after being chased by onlookers, ran amok and fell into open wells in an agriculture field. Both sustained serious injuries. Welfare Concerns An injury involving muscles, bones, nerves and blood vessels causes an animal tremendous pain. A complete fracture of a lower joint in large animals takes time to heal and leads to a deformation of the leg that leaves the animal unfit for any kind of work. Bulls also suffer from chronic pain as well as mental trauma brought on by the injury and the handlers' and bull tamers' cruel treatment. Violation Section 11(1)(a) of The Prevention of Cruelty to Animals Act, 1960, prohibits treating any a....
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....-closed gates of the vadi vasals. While attempting to flee from people in the arena, agitated bulls often injure themselves when they run into barricades, electric polls, water tanks, tractor carriages and police watch towers placed inside the jallikattu arena. Violation Section 11(1)(a) of The Prevention of Cruelty to Animals Act, 1960, prohibits treating any animal in a way that causes unnecessary pain or suffering. 4. Using Irritants Irritant solutions were rubbed into the eyes and noses of bulls inside the vadi vassal in order to agitate them. Welfare Concerns Eyes and noses are very sensitive, sensory organs, and the use of any irritating chemicals causes pain, distress and an intense sensation. Bulls who try to escape from such torture often end up injuring themselves by hitting walls, gates, fencing and other erected structures inside the Vadi Vasal and jallikattu arena Violation This practice violates section 11(1)(a) of The Prevention of Cruelty to Animals Act, 1960, which prohibits treating any animal in a way that causes unnecessary pain or suffering. It also violates section 11(1)(c), which prohibits the willful and unreasonable administration of any injurious ....
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....l in a way that causes unnecessary pain or suffering, and section 11(1)(d), which prohibits conveying any animal in such a manner or position as to cause unnecessary pain or suffering. 8. Lack of Food and Water All the bulls observed were not offered food, water or shelter from 8 am, when they were forced to line up, until the jallikattu events ended at 2.30 pm. Though concrete water troughs were available at the registration area and collection yards, none of the animals were offered water. Bulls were so terrified and focused on surviving at the collection yards in Palamedu and Alanganallur that they did not drink water. Several bulls became recumbent and were unable to stand up because of dehydration and exhaustion. Many people kicked, beat and bit the bulls in order to force them back onto their feet. Welfare Concerns As ruminants, bulls normally graze for several hours a day in an open field or eat a bulk quantity of feed when kept in stalls. They loiter around chewing their cud before grazing or eating again. During jallikattu, the animals are starved and prevented from chewing their cud (they won't do it when they are frightened or in pain distress). No intake of foo....
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.... Bulls When collection yards were not present or not used, injured, exhausted bulls were tormented by spectators as they exited. "Parallel jallikattu" events happened at each venue as the aggressive crowds agitated the bulls exiting the arena by shouting at them, beating them and jumping on them. Many people, including police officials, beat exhausted bulls with sticks and jumped in front of the bulls in an effort to frighten them. Running for their lives, terrified bulls ran amok, stumbling into shops and houses and slamming into barricades and vehicles parked nearby. Both the bull who died after a head-on collision with a passenger bus in Avaniapuram and the bull who fractured his leg after jumping off a road in Palamedu were running loose when their injuries occurred "Parallel jallikattu" is often considered to be the "real jallikattu", as the most risky action takes place during the deliberate harassment by spectators. Welfare Concerns When bulls are not afraid, they stand still and engage in normal behaviour to the species, such as grazing, chewing cud, lying down or grooming. None of these types of behavior were seen at any point during any of the jallikattu events. Jallikatt....
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....ing a melee after some bulls ran into the crowd. Five people were injured when a section of the gallery erected for spectators collapsed because of severe crowing. 2. In Palamedu, 21 people, including 11 tamers, were injured during the jallikattu event. Ten spectators were injured by bulls who escaped the fighting arena. The 21 people who suffered injuries were admitted to the Palamedu Primary Health Centre. One onlooker, who was hit in the abdomen, was later moved to the Government Rajaji Hospital in Madurai while others were treated as outpatients. 3. In Alanganallur, 38 people were injured during the jallikattu event. Twenty-one were tamers, and others injured included onlookers and owners. Two people who were seriously wounded were admitted to the government hospital in Madurai. VI. xxx xxx xxx VII. xxx xxx xxx VIII. Conclusion Bulls are prey animals. According to animal behavioural studies, bulls adopt a flight or fight response when they feel frightened or threatened. This instinctual response to a perceived threat is deliberately exploited by jallikattu organizers. During jallikatt, many animals are observed to engage in a flig....
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..... Some animals returned to the vadi vasal after being terrified by the jallikattu participants. Arena. The Supreme Court's guideline for arena barricades calls for them to be no less than 8 feet high. This guideline was flagrantly ignored, and the barricade in the main area was as low as 5-1/2 feet. The non-compliance of a guideline as basic as the barricade's height endangers the lives of spectators. The Supreme Court's guideline of double barricading was not implemented anywhere around the arena or along the path from the main arena to the town's street. As many as six to eight matadors jumped onto bulls to take them. Unable to carry the weight, the bulls often feel to the ground. Collection Yard There was no collection yard. Because of the absence of a collection yard, the bulls ran amok in the streets, which were lined with unruly crowds eager to hit the scared animals. Many spectators pounded on the petrified bulls and tried to perform jallikattu on the streets. Bulls entered bylanes and trampled both men and parked vehicles. Because of the lack of a collection area, one bull lost his life after a head-on collision with a moving passenger bus. ....
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....m the arena to the collection area was dotted with dangerous obstructions, such as tractor carriages, water tanks, and a small truck. These obstructions posed serious threats to speeding bulls who were being chased away by participants. The Supreme Court's guidelines were not implemented as the barricades were not 8 feet high. An electric pole posed grave danger to speeding bulls who charged out of the vadi vasal. Collection yard The Collection yard was nowhere close to half an acre in size as instructed by the court guidelines. The collection area was also impractical by design as bulls sped right through its narrow enclosure, which was erected in the path from the main arena to the town's streets. Because of the insufficient collection yard, bulls ran along streets and into moving traffic. Bull were brutally beaten by unruly spectators who drew sadistic pleasure in landing blows with their fists and sticks. As the loud crowd hooted, bulls ran for cover. Some bulls injured themselves when they jumped off the narrow roads into fields that were 10 feet below. Others jumped into dry river beds. One bull who was being chased and beaten by a mob jumped into a field an....
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.... Cops standing on a tractor carriage in the passageway between the main arena and collection yard often hit the bulls with long wooden sticks. Bulls who escaped from the collection yard ran amok and stayed into nearby fields. The bulls also trampled and injured spectators around the collection yard. Manoj Oswal, Animal Welfare Officer to the Board, submitted the second interim report on 25.1.2012 with regard to the events witnessed at various places like Avanlapuram and Palamedu. The operative portion of the report reads as under: "Primary observation: While it is not possible to conduct animal sport like Jallikattu without causing trauma and cruelty to animals, it was anticipated that the guidelines and rules would ensure that the cruelty is minimum. The events at the surface looked very organized and orderly but scratching a little below the surface showed that the abuse and violations now have been hidden away from the main arena. The unruly people have been found their own place away from media glare and eyes of Animal Welfare Officers. The fundamental issue remains that a large section of people come to the events with a hope-expectation that they are ....
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....s one of the sensitive part of the body, so is the nose and the eyes. Torture to these parts is one quick way to get the bull run. Cruelty within arena: Mental Torture Physical abuse is not the only kind of injury that is illegal and hurtful. Mental abuse is also amongst the worst kind of abuse as it leaves a lifelong mark on the mind. It is a known fact that victims of accident, crime or disasters recover from their physical injuries in certain time but mental injuries remain etched for decades, play havoc in day to day life. Animals, irrespective of the fact whether they can express it or not, in this particular case were seen going through the same shock and terror as a person goes into in a hostage situation. Constant fear of death and continuous torture. Physical torture With the entire world watching at the events, it was not expected that the animals will be harassed in the arena. The animals got a respite from physical abuse in the arena that was well covered by media, however, as soon as they left the main arena, the tale of torture remained the same what it has been for long. Outside the Arena: What has changed Registered bulls marked in five out o....
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.... cart. In such a race, at times, Bullocks are brought to the venue blind folded through trucks and let free, through a ghat either side of which spectators, large in number, assemble. Due to sudden exposure to the light, after unfolding, and the huge noise source made by spectators, Bullock get terrified and run in straight on the slope. Many of the Bullocks are tortured and whipped to make them run and the price is decided on the basis of time taken to cover gap of approximately 300 meter distance. Races are also there where Bullocks have to cover 10 kilometres and more. Before and during the course of the race, cruel practices like beating, twisting of tail, biting tail, poke with spiked instruments, electric shock etc. is given. Races, such as, Ghoda Bail Sharyat which involves a horse and a bull on the same cart is also being held. Sometimes, a bigger Bullock is paired with a smaller one. Various forms of torture are adopted in all these races. 21. We are sorry to note, in spite of the various directions issued by this Court, in the conduct of Jallikattu, Bullock-cart Race etc., the regulatory provisions of TNRJ Act and the restrictions in the State of Maharashtra, the situa....
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.... in the State in accordance with the above reference item No. (1) Notification of the Central Government. As per order of the Government of Maharashtra. Sd/- C. N. Suryavanshi Deputy Secretary, Govt. of Maharashtra" The State of Maharashtra later issued a corrigendum dated 12.9.2011 clarifying that the word "Bull" be read as Valu/Sand, meaning thereby, it would take both Bulls whether castrated or not. The State of Maharashtra later, through the Government decision dated 20.4.2012 imposed total prohibition in the State of organizing Bull/Bullock-cart Races, Bulls Fight, Training of Bulls/Bullocks for the sport, sport activities. The operative portion of the order reads as follows: "PREAMBLE The organization of animal sports in State, mainly in its rural hinterland especially sports such as bull ox/ bullock cattle exhibition, organizing their race, their cart race, fight etc., is nothing but violence to these dumb animals for which, to stop the continuation of the same, to prohibit the same, the State Government has already taken a decision to prohibit them on 24.8.2011. Moreover, as in the list in this regard of prohibited animals by Central G....
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.... 25. The PCA Act was enacted even before the introduction of Part IV-A dealing with the fundamental duties, by the Constitutional 47th Amendment Act, 1956. Earlier, the then British in India enacted the Prevention of Cruelty Act, 1890 for the human beings to reap maximum gains by exploiting them with coercive methods with an idea that the very existence of the animals is for the benefit of the human beings. During the course of administering the above mentioned Act, many deficiencies were noticed by the Government of India and a Committee was constituted to investigate and suggest measures for prevention of cruelty to animals. Following that, a Bill was introduced in the Parliament and, ultimately, the PCA Act, 1960 was enacted so as to prevent the infliction of unnecessary pain or suffering on animals and to amend the law relating to prevention of cruelty to animals. JUDICIAL EVALUATION 26. PCA Act is a welfare legislation which has to be construed bearing in mind the purpose and object of the Act and the Directive Principles of State Policy. It is trite law that, in the matters of welfare legislation, the provisions of law should be liberally construed in favour of th....
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....umber of hours and subjecting it to scorching sun, is not for the well- being of the animal. Forcing and pulling bulls by nose ropes into the narrow closed enclosure of vadi vassal, subjecting it to all forms of torture, fear, pain and suffering by forcing it to go the arena and also over-powering it at the arena by the Bull tamers, are not for the well- being of the animal. The manner in which the Bull tamers are treating the bulls in the arena is evident from the reports filed before this Court by ABWI. By forcing the bull into the vadi vassal and then into the arena, by no stretch of imagination, can be said to be "for the well-being of such animal". Organizers of Jallikattu are depriving the rights guaranteed to the bulls under Section 3 of PCA Act. Sadism and perversity is writ large in the actions of the organizers of Jallikattu and the event is meant not for the well-being of the animal, but for the pleasure and enjoyment of human beings, particularly the organizers and spectators. Organizers of Jallikattu feel that their bulls have only instrumental value to them, forgetting their intrinsic worth. First limb of Section 3, as already indicated, gives a corresponding right to....
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....to conduct Jallikattu/Bullock-cart race. Section 11 is a beneficial provision enacted for the welfare and protection of the animals and it is penal in nature. Being penal in nature, it confers rights on the animals and obligations on all persons, including those who are in-charge or care of the animals, AWBI etc. to look after their well-being and welfare. The relevant portion of Section 11 reads as follows: "11. Treating animals cruelty.- (1) If any person- a) Beats, kicks, over-rides, over-drives, over-loads, tortures or otherwise treats any animal so as to subject it to unnecessary pain or suffering or causes or, being the owner permits, any animals to be so treated; or b) xxx xxx xxx c) willfully and unreasonably administers any injuries drug or injurious substance to any animal or wilfully and unreasonably causes or attempts to cause any such drug or substance to be taken by any animal; or d) xxx xxx xxx e) keeps or confines any animal in any cage or other receptacle which does not measure sufficiently in height, length or breadth to permit the animal a reasonable opportunity for movement; or f) keeps for an unreas....
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....ook "Animal Welfare and the Law" Cambridge University Press (1989) says: "Behavioural responses to pain vary greatly from one species to another, but it is reasonable to suppose that the pain felt by all of these animals is similar to that felt by man". Suffering has the same function, but instead of informing the animal about stimuli to avoid, which informs it about a situation to avoid. An animal might be regarded as suffering, if is in pain, distress, or acute or unduly prolonged discomfort. Consequently, to experience the suffering, the animal needs an awareness of its environment, the ability to develop moods that coordinate a behavioral response, and the capacity to change adverse situation or avoid them. Reports submitted by AWBI clearly indicate that Bulls are being treated with extreme cruelty and suffering, violating the provisions of Section 11(1) of the PCA Act. Over and above, Section 11(1), clauses (b) to (o) also confer various duties and obligations, generally and specifically, on the persons in charge of or care of animals which, in turn, confer corresponding rights on animals, which, if violated, are punishable under the proviso to Section 11(1) ....
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....3, 11(1)(a) & (o) and other related provisions have to be understood and read along with Article 51A(g) of the Constitution which cast fundamental duties on every citizen to have "compassion for living creatures". Parliament, by incorporating Article 51A(g), has again reiterated and re-emphasised the fundamental duties on human beings towards every living creature, which evidently takes in bulls as well. All living creatures have inherent dignity and a right to live peacefully and right to protect their well-being which encompasses protection from beating, kicking, over-driving, over-loading, tortures, pain and suffering etc. Human life, we often say, is not like animal existence, a view having anthropocentric bias, forgetting the fact that animals have also got intrinsic worth and value. Section 3 of the PCA Act has acknowledged those rights and the said section along with Section 11 cast a duty on persons having charge or care of animals to take reasonable measures to ensure well- being of the animals and to prevent infliction of unnecessary pain and suffering. PERFORMING ANIMALS 33. All animals are not anatomically designed to be performing animals. Bulls are basical....
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....train" defined: In this Chapter, "exhibit" means exhibit or any entertainment to which the public are admitted through sale of tickets, and "train" means train for the purpose of any such exhibition, and the expressions "exhibitor" and "trainer" have respectively the corresponding meanings." 36. Section 23 of the PCA Act deals with the procedure for registration. Section 24 of the PCA Act deals with the powers of the court to prohibit or restrict exhibition and training of performing animals. Section 25 of the PCA Act confers powers on any authorised person to enter into the premises to examine as to whether the statutory requirements are properly complied with. Section 26 of the PCA Act deals with the offences and Section 27 of the PCA Act deals with exemptions. Performing Animals Rules, 1973 define 'performing animal' to mean any animal which is used at, or for the purpose of any entertainment to which public are admitted through sale of tickets. Jallikattu, Bullock-cart races, it was contended, are conducted without sale of tickets and hence Section 22 of the PCA Act would not apply, so also the notification dated 11.7.2011. We find no substance or logic in that submission. I....
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....27.1.2011 to the Minister specifically referring to the affidavit filed by the AWBI before this Court in Writ Petition No. 145 of 2011 and the relevant portion of the affidavit reads as follows: "I affirm on behalf of the Animal Welfare Board of India that Jallikattu is indeed an extremely cruel and barbaric sport, in which the Bulls that are forced to participate are brutalized and subjected to unnecessary pain and suffering. Surrounded by huge crowds of shouting, screaming people intent upon seeing them cruelly subdued and overpowered, regardless of what they endure, the bulls are subjected to terrible acts of cruelty. They are beaten, kicked, and chilly- powder rubbed into their eyes. Their humps and horns are seized and twisted and turned during the course of the 'sport', leading to injuries, tears and bleeding and the animals toppling over. All of this occurs while they are surrounded by the jeering, frenzied crowd. In fact, the tails of the animals are routinely pulled, twisted and turned, leading to painful injuries and often to broken tails. By no stretch of imagination can the bulls be termed as "performing animals" or "trained for the sport". In fact, what occurs....
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....s 3 and 11(1)(a) & (m) of the PCA Act read with Article 51A(g) of the Constitution of India. MoEF, in exercise of its powers conferred under Section 22 of the PCA Act, as already stated, after noticing the stand of the Board, issued a notification specifying that Bulls shall not be exhibited or trained as performing animals, that position still stands. MoEF, it is seen, so far as the State of Maharashtra is concerned, is not recognising that Bullock- cart race is part and parcel of the tradition of the people of Maharashtra and that it has any cultural, historical or religious significance. The State of Maharashtra, in its order dated 20.4.2012, has clearly acknowledged that the organisation of animal sports in the State, mainly in its rural hinterland, like Bull /Ox / Bullock-cart race etc. is nothing but violence to the dumb animals and has to be prohibited. The State Government evidently did not give its stamp of approval to the so-called cultural, historical importance to the Bullock-cart Race and that order has not been challenged. But, so far as the State of Tamil Nadu is concerned, now a proposal has been made to exempt bulls, participating in Jallikattu from the purview of ....
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....17, 14 and 21, held as follows: "18. Any custom or usage irrespective of even any proof of their existence in pre-constitutional days cannot be countenanced as a source of law to claim any rights when it is found to violate human rights, dignity, social equality and the specific mandate of the Constitution and law made by Parliament. No usage which is found to be pernicious and considered to be in derogation of the law of the land or opposed to public policy or social decency can be accepted or upheld by courts in the country." 44. As early as 1500-600 BC in Isha-Upanishads, it is professed as follows: "The universe along with its creatures belongs to the land. No creature is superior to any other. Human beings should not be above nature. Let no one species encroach over the rights and privileges of other species." 45. In our view, this is the culture and tradition of the country, particularly the States of Tamil Nadu and Maharashtra. 46. PCA Act has been enacted with an object to safeguard the welfare of the animals and evidently to cure some mischief and age old practices, so as to bring into effect some type of reform, based on eco-centric principles, ....
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...."it is in the interest of the nations of the world to safeguard for future generations the great natural resource represented by the whale stocks". Similarly, the Stockholm Declaration of the UN embodied this shift in thinking, stating that "man bears a solemn responsibility to protect and improve the environment for present and future generations" and subsequently asserts that "the natural resources of the earth must be safeguarded for the benefit of present and future generations through careful planning and management". Other documents expressed this shift in terms of sustainability and sustainable development. (c) The Third Stage: Nature's own rights Recent Multinational instruments have asserted the intrinsic value of nature. UNEP Biodiversity Convention (1992) "Conscious of the intrinsic value of biological diversity and of the ecological, genetic, social, economic, educational, cultural, recreational and aesthetic values of biological diversity and its components [we have] agreed as follows:" The World Charter for Nature proclaims that "every form of life is unique, warranting respect regardless of its worth to man." The Charter uses the term "natu....
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....people." 51. When we look at the rights of animals from the national and international perspective, what emerges is that every species has an inherent right to live and shall be protected by law, subject to the exception provided out of necessity. Animal has also honour and dignity which cannot be arbitrarily deprived of and its rights and privacy have to be respected and protected from unlawful attacks. 52. Universal Declaration of Animal Welfare (UDAW) is a campaign led by World Society for the Protection of Animals (WSPA) in an attempt to secure international recognition for the principles of animal welfare. UDAW has had considerable support from various countries, including India. WSPA believes that the world should look to the success of the Universal Declaration of Human Rights (UDHR) to set out what UDAW can achieve for animals. Five freedoms referred to in UDAW, which we will deal with in latter part of the judgment, find support in PCA Act and the rules framed thereunder to a great extent. 53. World Health Organization of Animal Health (OIE), of which India is a member, acts as the international reference organisation for animal health and animal welfare. OIE has ....
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....ns to have compassion for living creatures. In State of Gujarat v. Mirzapur Moti Kureshi Kassab Jamat and Others (2005) 8 SCC 534, this Court held that by enacting Article 51A(g) and giving it the status of a fundamental duty, one of the objects sought to be achieved by Parliament is to ensure that the spirit and message of Articles 48 and 48-A are honoured as a fundamental duty of every citizen. Article 51A(g), therefore, enjoins that it was a fundamental duty of every citizen "to have compassion for living creatures", which means concern for suffering, sympathy, kindliness etc., which has to be read along with Sections 3, 11(1)(a) & (m), 22 etc. of PCA Act. HUMANISM: 58. Article 51A(h) says that it shall be the duty of every citizen to develop the scientific temper, humanism and the spirit of inquiry and reform. Particular emphasis has been made to the expression "humanism" which has a number of meanings, but increasingly designates as an inclusive sensibility for our species. Humanism also means, understand benevolence, compassion, mercy etc. Citizens should, therefore, develop a spirit of compassion and humanism which is reflected in the Preamble of PCA Act as well ....
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....e experiments on animals for the purpose of advancement by new discovery of physiological knowledge or of knowledge which will be useful for saving or for prolonging life or alleviating suffering or for combating any disease, whether of human beings, animals or plants and also destruction of animals for food under Section 11(3) of the PCA Act. Legislature through Section 28 also saved the manner of killing of animals in the manner prescribed by religions, those are, in our view, reasonable restrictions on the rights enjoyed by the animals under Section 3 read with Section 11(1). Evidently, those restrictions are the direct inevitable consequences or the effects which could be said to have been in the contemplation of the legislature for human benefit, since they are unavoidable. Further, animals like Cows, Bulls etc. are all freely used for farming, transporting loads etc., that too, for the benefit of human beings, thereby subjecting them to some pain and suffering which is also unavoidable, but permitted by the Rules framed under the PCA Act. NON-ESSENTIAL ACTIVITIES: 61. We have, however, lot of avoidable non-essential human activities like Bullock-cart race, Jallika....
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....beings alone, but to animals as well. Right, not to be beaten, kicked, over-ridder, over-loading is also a right recognized by Section 11 read with Section 3 of the PCA Act. Animals have also a right against the human beings not to be tortured and against infliction of unnecessary pain or suffering. Penalty for violation of those rights are insignificant, since laws are made by humans. Punishment prescribed in Section 11(1) is not commensurate with the gravity of the offence, hence being violated with impunity defeating the very object and purpose of the Act, hence the necessity of taking disciplinary action against those officers who fail to discharge their duties to safeguard the statutory rights of animals under the PCA Act. 63. Jallikattu and other forms of Bulls race, as the various reports indicate, causes considerable pain, stress and strain on the bulls. Bulls, in such events, not only do move their head showing that they do not want to go to the arena but, as pain is being inflicted in the vadivasal is so much, they have no other go but to flee to a situation which is adverse to them. Bulls, in that situation, are stressed, exhausted, injured and humiliated. Frustration....
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....tency in actual terms of the two legislations so that one cannot be obeyed without disobeying the other. Further, if the Parliamentary legislation, if intended to be a complete and exhaustive code, then though there is no direct conflict, the State law may be inoperative. Repugnancy will also arise between two enactments even though obedience to each of them is possible without disobeying the other, if a competent legislature with a superior efficacy expressly or impliedly evinces by its legislation an intention to cover the whole field. 67. In M. Karunanidhi v. Union of India AIR 1979 SC 898, this Court held that, in order to decide the question of repugnancy, it must be shown that the two enactments contain inconsistent and irreconcilable provisions, therefore, they cannot stand together or operate in the same field. Further, it was also pointed out that there can be no repeal by implication, unless inconsistency appears on the face of those statutes. Further, where two statutes occupy a particular field, but there is room or possibility of both the statutes operating in the same field without coming into collision with each other, no repugnancy results. Further, it was also n....
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....nces are inadequate. The Bill is intended to give effect to those recommendations of the Committee which have been accepted by the Government of India and in respect of which Central Legislation can be undertaken. The existing Act is proposed to be repealed. Besides declaring certain type of cruelty to animals to be offences and providing necessary penalties for such offences and making some of the more serious of them cognizable, the Bill also contains provisions for the establishment of an Animal Welfare Board with the object of promoting measures for animal welfare. Provisions is also being made for the establishment of a Committee to control experimentation on animals when the Government, on the advice of the Animal Welfare Board, is satisfied that it is necessary to do so for preventing cruelty to animals during experimentation. The Bill also contains provisions for licensing and regulating the training and performance of animals for the purpose of any entertainment to which the public are admitted through sale of tickets. 71. Section 3 has been specifically enacted, as already indicated, to confer duties on persons who are in-charge or care of th....
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....s of the Act reads as follows: "STATEMENT OF OBJECTS AND REASONS. "Jallikattu" includes "manjuvirattu", "Oormadu", "Vadamadu" or "Erudhu vidum vizha". The said function consists of taming of bulls as a part of ancient culture and tradition of the Tamils. The said tradition is in vogue for more than 400 years. At present, there is no legislation to regulate the conduct of Jallikattu, manjuvirattu, Oormadu, Vadamadu, Erudhu vidum vizha or any such activity involving the taming of bulls. The Government have, therefore, decided to bring out a legislation to regulate the conduct of the Jallikattu in the State of Tamil Nadu by prescribing norms to hold such events and to ensure the safety of animals, participants and the spectators. 2. The Bill seeks to give effect to the above decisions." Section 4 deals with the responsibility of the organizers. Section 4(3) provides for double barricade area in order to avoid injuries to the spectators and by-standers, the prime consideration is, therefore, to avoid injuries to spectators and by-standers and not that of the animal. Section 4(iv) deals with the fixing the gallery for the spectators to sit and watch the event.....
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....CA Act) wants to prevent for the well-being and welfare of animals, which is also against the basic natural instinct of the bulls. 75. PCA Act, especially Section 3, coupled with Section 11(1)(m)(ii), as already stated, makes an offence, if any person solely with a view to provide entertainment, incites any animal to fight. Fight can be with an animal or a human being. Section 5 of TNRJ Act envisages a fight between a Bull and Bull tamers, that is, Bull tamer has to fight with the bull and tame it. Such fight is prohibited under Section 11(1)(m)(ii) of PCA Act read with Section 3 of the Act. Hence, there is inconsistency between Section 5 of TNRJ Act and Section 11(1)(m)(ii) of PCA Act. 76. TNRJ Act, in its Objects and Reasons, speaks of ancient culture and tradition and also safety of animals, participants and spectators. PCA Act was enacted at a time when it was noticed that in order to reap maximum gains, the animals were being exploited by human beings, by using coercive methods and by inflicting unnecessary pain. PCA Act was, therefore, passed to prevent infliction of unnecessary pain or suffering and for the well-being and welfare of the animals and to preserve the natu....