| Headnote |
PREVENTION OF CRUELTY TO ANIMALS ACT, 1960: ss.3 and 11 of PCA Act read with Art. 51-A of the Constitution - Conducting of Jallikattu and Bullock cart races in States of Tamil Nadu and Maharashtra - Held: s. 3 casts a duty on the person in-charge or care of animal to prevent infliction upon an animal of unnecessary pain or suffering - Primary duty on persons-in-charge or care of animal is to ensure the well-being of the animal -'Well-being' means state of being comfortable, healthy or happy - s.3 gives a corresponding right to the animal to ensure its welI-being - Bulls cannot be performing animals, anatomically not designed for that, but are forced to perform, inflicting pain and suffering, in total violation of ss. 3 and 11 (1) of PCA Act - Jallikattu includes Manjuvirattu, Oormaadu, Vadamadu, Erudhu, Vadam, Vadi and all such events involve taming of bulls - Jallikattu or Bullock-cart race, from the point of the animals, is not an event ensuring their well-being or an event meant to prevent the infliction of unnecessary pain or suffering, on the contrary, it is an event against their well-being and causes unnecessary pain and suffering on them - Therefore, Jallikattu and Bullock-cart race, as an event, being avoidable non-essential activities violate not only ss., 3, 11 (1)(a) and (m) and s. 22 of PCA Act, read with Art.51A (g) of the Constitution but also the notification dated 11. 7. 2011 issued by the Central Government u/s 22(ii) of the PCA Act - Rights guaranteed to the bulls u/ss 3 and 11 of PCA Act read with Articles 51A (g) and (h) cannot be taken away or curtailed, except u/ss 11 (3) and 28 of PCA Act - TNRJ Act declared unconstitutional and void - Government of India Notification dated 11.7. 2011 upheld - Directions given to implement provisions of PCA Act and safeguard freedom and right of animals as enumerated in the judgment - Prevention of Cruelty to Draught and Pack Animals Rules, 1965 - Prevention of Cruelty to Animals (Transportation of Animals on Foot)- Rules, 2001 - r. 11 - Performing Animals (Registration) Rules, 2001 - r. 8 - Government of India Notification dated 11. 7. 2011. s. 11 - Treating animals cruelly - Held: s. 11 confers no right on the organizers to conduct Jallikattu/Bullock-cart race - s. 11 is a beneficial provision enacted for the welfare and protection of animals and it is penal ·in nature - It confers rights on the animals and obligations on all persons, including those who are in-charge or care of the animals, to look after their well-being and welfare. s. 11 (3) read with s. 11 (1) - Cruelty to animals - Exceptions - Penalty - Held: PCA Act does not speak of E 'taming of animals' (over-powering animals) - Taming of animal for domestic use and taming of animal for exhibition or entertainment are entirely different - s.2(c) of TNRJ Act speaks of 'taming of bulls' which is inconsistent and contrary to the provisions of Chapter V of PCA Act - Sub-s. (3) of s. 11 carves out exceptions in five categories of cases mentioned F in s. 11 (3)(a) to (e) - Exceptions are incorporated based on the "doctrine of necessity" - Entertainment, exhibition or amusement do not fall under these exempted categories and cannot be claimed as a matter of right under the doctrine of necessity - Penalty for violation of rights of animals are insignificant, Punishment prescribed in s. 11 (1) is not commensurate with the gravity of the offence, thus, being violated with impunity defeating the very object and purpose of the Act, therefore, there is necessity of taking disciplinary action against those officers who fail to discharge their duties to safeguard the statutory rights of animals under the PCA Act - Constitution of India, 1950 - Art.51A(g) - Doctrines - Doctrine of necessity. Constitution of India, 1950: Arts. 21 and 51A(g) of the Constitution read with ss.3 and 11 of PCA Act - Protection of 'life' - Rights of animals - Held: Art. 21 while safeguarding the rights of humans, protects life and the word "life" has been given an expanded definition; and any disturbance from the basic environment which includes all forms of life, including animal life, which are necessary for human life, fall within the meaning of Art. 21 - So far as animals are concerned, "life" means something more than mere survival or existence or instrumental value for human- beings, but to lead a life with some intrinsic worth, honour and dignity - Right to dignity and fair treatment is, therefore, not confined to human beings alone, but to animals as well - Right, not to be beaten, kicked, over-driving, over-loading is also a right recognized by s. 11 read with s. 3 of PCA Act. Art. 51-A of the Constitution read with ss. 3 and 11 of PCA Act - Held: Rights and freedoms guaranteed to animals u/ ss. 3 and 11 have to be read along with Art. 51A(g)&(h) of the Constitution, which is the magna carta of animal rights - Parliament, by incorporating Art.51A(g}, has reiterated and re-emphasised the fundamental duties on human beings towards every living creature, which evidently takes in bulls as well - All living creatures have inherent dignity and a right to live peacefully and right to protect their well-being which encompasses protection from beating, kicking, over-driving, over-loading, tortures, pain and suffering etc. - Rights guaranteed to animals u/ss. 3 and 11, etc. are only statutory rights - Parliament, it is expected, would elevate rights of animals to that of constitutional rights, as done by many of the countries around the world, so as to protect their dignity and honour - Legislation - International Environmental Law - World Health Organization of Animal Health (OIE) -Universal Declaration of Animal Welfare (UDAW) - German A Animal Welfare Law - Animals Welfare Act of 2006 (U.K.); Austrian Federal Animal Protection Act - Animal Welfare Act, 2010. Art. 254(1) r/w Art. 246(1) - Rule of repugnancy - Held: PCA Act has been passed to prevent infliction of unnecessary pain or suffering and for well-being and welfare of animals and to preserve their natural instinct - PCA Act, therefore, casts not only duties on human beings, but also confer corresponding rights on animals, which is being taken away by the State Act (TNRJ Act) by conferring rights on the organizers and bull tamers, to conduct Jallikattu, which is inconsistent and in direct collision with s. 3, s. 11 (1)(a), s.11(1)(m)(ii) and s.22 of PCA Act read with Art. 51A(g) and (h) of the Constitution and, as such, is repugnant to PCA Act, which is a welfare legislation and, therefore, declared unconstitutional and void, being violative of Art.254(1) - Tamil Nadu Regulation of Jallikattu Act, 2009 - ss.2(c), 5. Interpretation of Statutes: Welfare legislation - Interpretation of - Held: PCA Act is a welfare legislation which has to be construed bearing in mind the purpose and object of the Act and the Directive Principles of State Policy - In the matters of welfare legislation, provisions of law should be liberally construed in favour of the weak and infirm - Court also should be vigilant to see that benefits conferred by such remedial and welfare legislation are not defeated by subtle devices - Regulations or guidelines, whether statutory or otherwise, if they purport to dilute or defeat the welfare legislation and the constitutional principles, court should not hesitate to strike them down so as to achieve the ultimate object and purpose of the welfare regislation- Prevention of Cruelty to Animals Act, 1960-Doctrine of parents patriae-Tami Nadu Regulation of Jallikattu Act, 2009. |
