NGOs working to prevent cruelty against animals today moved the Supreme Court challenging the legality of the provision in a law which comes in the way of conviction of offenders subjecting them to abuse.
The NGOs have sought a direction to declare ultra vires section 29 of the Prevention of Cruelty to Animals Act which, according to them, provides refuge to offenders on the ground that it is allowing them to easily get back the custody of the suffering animals.
Senior advocate Mukul Rohatgi, appearing for the two NGOs Animal Care Society and Friendicoes SECA, gave the example of transportation of cows across the country.
He submitted the bovines are loaded in the vehicle beyond its capacity with their legs tied.
The senior advocate mentioned the matter for urgent hearing before a bench comprising Gyan Sudha Mishra and P C Ghose which said it will come up for hearing in the normal course.
The petition said section 29 of the Act is providing refuge to the accused as it allows him to walk free if he has not been convicted earlier for a similar offence against animals.
"The stipulation regarding previous conviction, of which no record is being maintained and in fact, no agency established for the purpose, is making it increasingly difficult to ensure the safety and well-being of the suffering animals who are being released as a matter of course to the animal offenders, and those accused of offences under the law.
"Thus, almost all the cases of animal abuse do not reach culmination and there are little or no convictions," it said.
The NGOs' plea also sought laying down of guidelines that no interim custody of the animals, who were treated cruelly, be given to the accused till the disposal of their cases and they should be handed over to animal welfare organisations.
