Karnataka High Court: A Division Bench of Abhay Sreenivas Oka CJ and N S Sanjay Gowda J. remarked that it is necessary to lay down the guidelines to ensure that inhuman and shocking incidents of animal cruelty are hereafter prevented.
The Court took up suo moto cognizance of large number of monkey deaths on the roadside in Belur Taluk of Hassan District on Wednesday night after 15 alive monkeys who were put in a large bag were found as per news reports published in the leading newspapers – Deccan Herald, Indian Express, Times of India, Prajavani, etc.
The Court relied on judgment Animal Welfare Board of India v. A. Nagaraja, (2014) 7 SCC 547 and observed
“Every species has a right to life and security, subject to the law of the land, which includes depriving its life, out of human necessity. Article 21 of the Constitution, 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 Article 21 of the Constitution. 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.”
It was also observed that the instant case is a gross violation of the provisions of the Prevention of Cruelty to Animals, 1960 particularly, Sections 3 and 11.
The Court directed the “Registrar General to file a writ petition seeking action against all those who are responsible for the said incident of monkeys.”
The case will next be taken up on 04-08-2021.[MONKEYS DEATH – SUO MOTU; decided on 30-07-2021]
Arunima Bose, Editorial Assistant has reported this brief.