LI Network
Published on: February 17, 2024 at 10:35 IST
The Delhi High Court has rejected a petition challenging the constitutional validity of Section 23 of the Prevention of Cruelty to Animals Act, 1960 (PCA). Filed by Advocate Rahul Narula, the writ petition sought a review of Section 23 in conjunction with Sections 200 and 482 of the Criminal Procedure Code (CrPC), urging the court to declare the section unconstitutional and beyond the scope of the Constitution.
A Division Bench, comprising Justice Suresh Kumar Kait and Justice Girish Kathpalia, stated, “We find that the present petition has been filed purely on the apprehension that some injury or ill-treatment may be caused to the animals during the events scheduled on 01.03.2024 to 03.03.2024. Such a petition cannot be entertained simply on the basis of apprehension.”
In the petition, Narula, a practicing Advocate and animal lover, asserted that he filed the plea to safeguard the fundamental rights of animals guaranteed by the Constitution.
The respondents included the Union of India through the Central Zoo Authority, Animal Welfare Board of India, Greens Zoological, Rescue and Rehabilitation Centre, and Radhe Krishna Temple Elephant Welfare Trust.
According to Narula, a news report published on January 13 highlighted the wedding of Anant Ambani and Radhika Merchant, held at Reliance Greens in Jamnagar, Gujarat.
The wedding invitation emphasized the transformation of the Jamnagar complex into a haven for rescued animals. The petitioner claimed that his right under Section 200 of CrPC to file a complaint was restricted by Section 23 of PCA, leading to potential inhumane treatment and cruelty towards the animals.
The High Court, after considering the petitioner’s submissions, noted, “Since a High Powered Committee has already been constituted after the directions passed by Hon’ble Tripura High Court in the case of Sudipa Nath (supra), therefore, the said Committee is at liberty to be present and oversee the aforesaid event and to take all cautions permissible under law, if any, to ensure that no inhumane behaviour is caused to the animals.”
The Court clarified that the High Powered Committee could either depute a member to oversee the event scheduled from March 1, 2024, or attend the event itself. Consequently, the High Court disposed of the petition.
Case Title: Rahul Narula v. Union of India through Central Zoo Authority & Ors. (Neutral Citation: 2024:DHC:1123-DB)