The recent observations made by the Nagpur Bench of the Bombay High Court highlight the importance of dealing with cases involving animal cruelty with great sensitivity. Justice GA Sanap, the single judge on the bench, acknowledged that animals possess emotions, feelings, and senses similar to human beings. The only distinction is that animals cannot communicate their rights like humans can. Nevertheless, the law recognizes the rights of animals, and it is the responsibility of those involved to ensure their welfare and protection in accordance with the law.
The court made these observations while hearing a plea from individuals who sought custody of 39 bovines that had been intercepted and seized under the Prevention of Cruelty to Animals Act. The animals were being transported illegally in trucks in an inhumane manner. Although the petitioners were not accused of the crimes, they applied for custody of the animals, claiming they had the appropriate license for their sale and purchase.
However, the court found that the number of animals being transported exceeded the capacity of the vehicles and violated the Transport of Animal Rules, 1978. The trucks also failed to provide the required arrangements for fodder and water. Considering these factors, the court observed that the milching buffaloes were transported under cruel conditions. It noted that the owners, who played a significant role in these cases, had not been made the accused.
Justice Sanap relied on a Supreme Court order which stated that custody of animals should not be handed over to their owners in cases involving allegations of cruelty. Consequently, the High Court denied the petitioners' request for custody and directed Maa Foundation, a registered gaushala (cow shelter), to take over the custody of the animals until the final adjudication of the matter.
In addition, the court instructed the police station officer to visit the gaushala twice a month with a veterinary officer and submit reports of the visits to the relevant Magistrate. Advocate Laique Hussain represented the petitioners, while the additional public prosecutor HD Dubey appeared for the State. Advocates DR Galande and Raju Gupta represented the gaushala.
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TAGS: animals emotions feelings human beings cruelty sensitivity Nagpur Bench Bombay High Court Justice GA Sanap rights law plea custody bovines license seizure Prevention of Cruelty to Animals Act trucks inhumane manner petitioners Transport of Animal Rules 1978 fodder water milching buffaloes owners accused Supreme Court order custody denial Maa Foundation gaushala veterinary officer Magistrate advocate public prosecutor.
