Uttaranchal High Court: In a Public Interest Litigation filed by an Animal Welfare Activist, Gauri Maulekhi over very serious issue of extreme ill-treatment meted out to equines, deployed in the Kedarnath, Yamunotri, Gangotri, Gaumukh and Hemkhud Sahib pilgrimage routes for the purpose of carrying pilgrims as well as goods, the Division Bench of Vipin Sanghi, C.J. and Rakesh Thapliyal, J., directed the Secretary, Animal Husbandry; the Chairperson of the Executive Committee of the State Animal Welfare Board; and the District Magistrates concerned to be present before the Court in the next hearing to communicate to them the Court’s concern and to hear them with regard to the steps taken in relation to the issue raised by the petitioner.
Factual Matrix
The petitioner submitted that each year, hundreds of equines die while being used by their handlers because of utter lack of sensitivity and complete indifference, not only on the part of the handlers, who treat the animals as a mere source of income, but also on the part of the Administration, which was blind to the enormity of their sufferings. The petitioner contended that there was hardly any infrastructure created on these routes, and there was no proper regulation and monitoring by the Authorities to ensure that these animals were properly looked after while they render services, and they were attended to medically whenever such medical attention was necessary.
The petitioner submitted that the Animal Welfare Board of India had framed a Standard Operating Procedure (‘SOP’), which should be enforced by the State and the State Animal Welfare Board had framed their own SOP, which was highly diluted and even that was not being implemented on the ground. The petitioner had further drawn the attention of the Court to the communication dated 25-06-2022, sent by her organisation, highlighting the immediate and urgent steps that needed to be taken by the State for the welfare of the equines.
Decision and Analysis
The Court directed the Secretary, Animal Husbandry; the Chairperson of the Executive Committee of the State Animal Welfare Board; and the District Magistrates concerned, to remain present before the Court on the next date of hearing. The Court further stated that the District Magistrates might join the proceedings virtually, whereas the two officers should personally remain present in Court, to assist the Court.
On the submission by Counsel for the respondent that the personal appearance of the Secretary, Animal Husbandry and the Chairperson of the Board might be exempted, the Court opined that the present proceedings were not adversarial and the reason for requiring their presence was to be able to communicate to them the Court’s concern, and to hear them with regard to the steps taken by them in relation to the issue raised by the petitioner.
The matter would next be listed on 10-08-2023.
[Gauri Maulekhi v. State of Uttarakhand, 2023 SCC OnLine Utt 820, Order dated 24-07-2023]
Advocates who appeared in this case :
For the Petitioner- Gauri Maulekhi, petitioner in-person;
For the Respondent- S.S. Chauhan, Deputy Advocate General; Ravi Bisht, proxy counsel for Aditya Pratap Singh; Anil Kumar Bisht, Counsel.
