Prevention of Cruelty to Animals Act, 1960| State to have due respect for the order of the Apex Court: Manipur HC

Manipur High Court: The Division Bench comprising of CJ Ramalingam Sudhakar and KH. Nobin Singh, J., addressed a petition concerning the germane issues regarding the non-implementation of provisions of Prevention of Cruelty to Animals Act, 1960, and further directing the implementation of the same in letter and spirit as directed by the Supreme Court.

The facts of the case raised pertinent issues on the observance of a number of dogs being found to be taken in a cruel manner in a car. The accused pleaded guilty for the act and were fined by the CJM Imphal West. Further PFA, Manipur was asked to keep the seized dogs for a period of 7 days and later the custody to be handed over to State Veterinary Hospital or any SPCA.

The concern raised in the said matter arose when PFA, Manipur stated after a month that it did not have facilities for maintaining the dogs for a longer period. In response to the same, the Director, Vety. & A.H. Services, Manipur stated that department has no scheme under which permanent or temporary shelter could be provided to the animals and birds.

Therefore, the High Court in its order directed the State Government to release Rs 30,000 and an additional sum in its further order for the maintenance of the seized dogs. Learned Amicus Curiae brought the attention of the Court on the aspect that the State Government had failed to implement the provisions of the Act and Rules as laid down by the Supreme Court.

Hence, referring to Animal Welfare Board of India v. Nagaraja, (2014) 7 SCC 547, and various other decisions of the Supreme Court concerning animal welfare, the High Court stated that the “insensibility to the issue relating to the welfare of the animals, which has been held  to be included within the meaning of the “Right to Life” is unfortunate.” Further, being conscious of the order passed, by the Supreme Courtin the case mentioned hereinabove, the present PIL stood disposed of with the direction to implement the Act and rules as directed by the Apex Court. [Effective Implementation of Prevention of Cruelty to Animal Act, 1960 and its Rules v. State,2018 SCC OnLine Mani 79, Order dated 25-07-2018]

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