SC seeks Centre's response on plea challenging rules under Prevention of Cruelty to Animals Act

The Supreme Court on Tuesday sought the central government's response on a plea filed by Buffalo Traders Welfare Association challenging the validity of certain provisions under the Prevention of Cruelty to Animals Act.

A division bench of Justice SA Bobde and Justice BR Gavai sought a response from the central government and asked it to file a response within four weeks.

The petition, filed by advocate Sanobar Ali Qureshi, challenged the notification, particularly Rule 3, 5, 8 and 9, which permits the forfeitures of the animals and send the animals to Gaushala, Pinjrapole or infirmary if the owner pleads guilty or is convicted under the act.

The petition said the notification issued on May 23, 2017, on the Prevention of Cruelty to Animals (Care and Maintenance of Case Property Animals) Rules be declared as "ultra vires and unconstitutional".

According to the act, "If the accused is convicted, or pleads guilty, the magistrate shall deprive him of the ownership of the animals and forfeit the seized animal to the infirmary, pinjrapole, SPCA, Animal Welfare Organisation or Gaushala already having custody for proper adoption or other disposition."

The petition said that the transporters, cattle traders and farmers are facing threats due to anti-social elements since the notification of the impugned rules.

"This results in frequent lootings of the animals. It is pertinent to mention that these frequent lootings are also threatening the rule of law and generally emboldening groups of persons to take the law into their own hands. Moreover, these incidents are acting as triggers for communal polarization of the society, and if not halted effectively and immediately will have disastrous consequences on the social fabric of the country," plea added.