Prevention of Cruelty to Animals Act must be implemented diligently: Tripura High Court

The Tripura High Court recently observed that the Prevention of Cruelty to Animals Act, 1960, the rules thereunder and the guidelines issued from time to time by the statutory authorities must be scrupulously adhered to by the concerned state authorities at all levels.

The division bench of the Chief Justice Aparesh Kumar Singh And Justice Biswajit Palit directed the State authorities to ensure that these guidelines are again disseminated to local officials so that cases of non-compliance with the provisions of the Prevention of Cruelty to Animals Act, 1960 (1960 Act) and the rules thereunder are remedied by officials in the Ground floor will not be repeated again.

The court was hearing a PIL filed by a lawyer and an animal rights activist working in the field of animal welfare activities as a member of the NGO Society for Welfare of Animal and Nature (SWAN).

The petitioner drew the attention of the Supreme Court to an incident that occurred on July 25, 2024 at around 3:00 pm at Kamrangabari, Kailashahar, Unakoti District, in connection with a vehicle involved in illegally transporting cattle, including cows, claves and Bulls, were intercepted in an inhumane manner in contravention of the 1960 Act, Transport of Animals Rules, 1978, Prevention of Cruelty to Animals (Care and Maintenance of Case Property Animals) Rules, 2017 and the Motor Vehicles Act, 1988.

The petitioner alleged that despite the information provided by a local activist and a written complaint to the Kailashahar Police Station under the provisions of the 1960 Act, the seized cattle and vehicle were released by the police without following the procedure prescribed under the 1960 Act.

According to the petitioner, the complainant was made to withdraw the complaint.

The Government Counsel submitted that after issuing a notice of a major incident, appropriate action was taken against the Inspector concerned by issuing a “final warning” to the Superintendent of Police for such negligent act and ordering not to commit such act in near future repeat. Unakoti District, vide office order dated November 22, 2024.

The Government Counsel further submitted that the respondent authorities were required to follow the procedure prescribed under the 1960 Act and the Rules thereunder and the respondent authorities had assured that all such arrangements would be made in future to ensure that the letter of the The law in this regard is duly complied with.

The petitioner submitted that directions may be issued to the respondent authorities to ensure that the provisions of the 1960 Act and the rules contained therein are strictly adhered to in future seizure and release of such seized animals.

“We are of the considered view that the Act of 1960, the Rules thereunder and the guidelines issued from time to time by the statutory authorities must be diligently followed by the authorities concerned at all levels. The concerned respondents would also ensure that these guidelines are re-distributed to the local officials so that cases of non-compliance by the local officials of the provisions of the 1960 Act and the rules laid down thereunder are not repeated. “, said the court.

Case Title: Ms. Paramita Sen v. State of Tripura & Ors.

Case No: WP(C) (PIL) No. 5 of 2024

Click here to read/download the order