Animals have equal living rights as Humans: Uttarakhand High Court

Pashu Sandesh, 05th July 2018

Uttarakhand High court in an unprecedented judgment on Wednesday declared Animals to have same living rights as Humans. While Animal activists and Animal lovers have welcomed the decision there are others who staged caution while commenting on the High Court’s decision. The HC order on Wednesday came while hearing a public interest litigation filed by Narayan Dutt Bhatt, a resident of Banbasa in Champawat district near the India Nepal border. The petitioner had sought to restrict the movement of horse carts/tongas between Nepal and India stating cruelty on horses and mules used in the carts.

Bench of Justice Rajiv Sharma and Lok Pal Singh declared “all members of the animal kingdom including birds and aquatic life have similar rights as humans” and ordained animals throughout the state should be treated as “legal entities having a distinct persona with corresponding rights, duties and liabilities of a living person.” The court directed the state government to constitute societies for prevention of cruelty to animals in each district and to appoint infirmaries for the treatment and care of animals. The HC in its 57-page order banned use of “spike stick or bit, harness or yoke with spikes, knobs or projections or any other sharp tackle or equipment” throughout the state to “avoid bruises, swelling, abrasions or severe pain to animals.”

The court ordered the nagar panchayat, Banbasa to “regulate the plying of horse carts/tongas from Banbasa to Nepal by issuing licenses to the owners by charging reasonable fee within one month and to ensure the medical examination of these animals. ”The court stated that since the carts driven by animals have no mechanical devices, they should be given the “Right of Way” and all the police officers throughout the state should ensure compliance of the rule.

High Court also ordered the Vice Chancellor of the Pant Nagar Agriculture University to constitute a committee presided by the head of the department of veterinary sciences and two senior most professors to undertake research to find out within twelve weeks whether the maximum weight prescribed under law in Prevention of Cruelty to Draught and Pack Animals Rules, 1965 is reasonable or not. “Animals should be provided water every two hours and food in every four hours. They should not be made to walk more than 2 hours at a stretch and while transported shall not be tied by nose or legs or any other part of the body except by its neck,” the judges directed.

Pashu Sandesh view:

Pashu Sandesh welcomes the decision of the High Court. There is a need for the stringent welfare law for the Animals across all over the country. Sadly the implementation part is sorely missing. One glaring example is the poor implementation of Animal Transportation rules which came in effect since January 2017. Animals on a daily basis are subjected to cruelty during transportation, at slaughter houses, poultry farm houses and the People responsible to implement Anti Cruelty measures are either poorly sensitized, ill equipped or simply don’t have the will to implement the law. Decision of the Uttarakhand High Court needs to be interpreted in the broader perspective and nitty-gritty of the implementation part should be carefully planned and executed throughout the country. People should also be made sensitive to Animal issues and the laws for their prevention so that they can approach right authorities if they see a crime committed against an Animal. AWBI on its part should rally with the Government for increasing the Fine and quantum of the punishment in a case of Animal cruelty.