HC expresses concern over violating rules on animal transport

Noting that animals were being subjected to cruelty while being transported, the Madras High Court Monday directed the Tamil Nadu government to take immediate steps to implement effectively the relevant rules and punish the violators.

Justice M V Muralidaran gave the directive while dismissing a petition of Mohammed Shabek and five others challenging an order of a court in Erode refusing to release 54 head of cattle impounded for illegal transport in lorries subjecting the animals to cruelty.

The magistrate handed over the cattle to the custody to a goshala in Coimbatore.

Justice Muralidharan said it was pertinent to note that even though the Central Motor Vehicle (Amendment) Act was passed in 2016 stating stricter rules shall be applicable for the transport of animals, it had not been effectively implemented.

As per the Act, vehicles carrying animals should have permanent partitions. However, transporters were flouting rules by overloading their vehicles with animals which could result in them sustaining injuries and transmission of disease, the judge said.

He directed the state chief secretary and the authorities concerned in the Animal Welfare and the Transport departments to ensure that the laws do not remain "mere paper tigers" and immediate stringent steps were taken to give life to them.

He directed the Registrar General of the high court to issue circulars to the lower courts to take note of these provisions and to deal with the cases in a proper manner.

The offenders should be punished properly for violation of the provisions of the Prevention of Cruelty to Animals Act and the Motor Vehicles Act relating to transport of cattle.

The government had passed the amended Motor Vehicles Act, but it does not have the mechanism to monitor vehicles not adhering to rules. Thus, the amended Act remains restricted on paper due to poor implementation, he said.

Referring to the petitioners, he said they had kept the cattle jam-packed in lorries with tarpaulin covering. The necks of the cattle were tied closely and chilli powder was sprayed in their eyes.

"I find that the petitioners have transported the cattle illegally without following the rules and regulations. The cattle were being transported continuously from district to district without even providing fodder or water," he said.

If custody of the cattle was again given to the petitioners, there was likelihood of the animals being subjected to further cruelty, he said and dismissed the petition.