Delhi High Court
Case BriefsHigh Courts


Delhi High Court: In a PIL filed by Scouts and Guides for Animals and Birds ‘(petitioner'), a registered Trust represented by Naresh Kadyan alleging transportation of camels into the State of Delhi from Rajasthan in violation of the statutory provisions as contained under the Prevention of Cruelty to Animals Act, 1960, a Division Bench of Satish Chandra Sharma, CJ., and Subramonium Prasad J. studied the status report filed by Union of India (‘respondent') and concluded that transport of camel has to take place strictly in consonance with the statutory provisions governing the field. It further clarified that the respondents shall ensure strict compliance of the amendment to Prevention of Cruelty to Animals (The Transport of Animals) Rules, 2020 while transporting the camels in future also for the purpose of their participation in Republic Day Parade, or any other purpose.

The petitioner has stated in the writ petition that almost 100 camels are brought every year in goods transport vehicles to Delhi violating the statutory provisions, and therefore, action should be initiated for safe transport of camels against the persons who are involved in transport of camels.

The Court noted that the Border Security Force while transporting the camels issues an Expression of Interest (EOI) providing all minute details in respect of the vehicle in which the animals can be transported. The animals are being transported in specialized vehicles and four camels in sitting position along with accessories and fodder are transported in one vehicle.

The EOI placed on record makes it very clear that there is enough space in the vehicle which is being used for transport of camels and the BSF has taken all precautionary measures to ensure that the camels are not subjected to cruelty.

The Court further noted that the Amendment to Prevention of Cruelty to Animals (The Transport of Animals) Rules, 2020 inserted a new chapter, namely, Chapter V A which specifically provides for Transport of Camels.

Thus, the Court remarked that UOI was fair enough in stating that the transportation of camels took place as per the statutory provisions and no violation of any statutory provision took place in respect of the transportation of camels and in future too, they will strictly follow the SOP framed by National Research Centre of Camel, Bikaner.

The Court directed the Union of India to ensure that the statutory provisions as contained in the Prevention of Cruelty to Animals Act, 1960 are not violated while transporting camels.

The Court further directed the Union of India, the AWBI, the Ministry of Road Transport & Highways as well as the BSF to ensure strict compliance of the SOP read with the Rules governing the field in the matter of transport of camels.

[Scouts and Guides for Animals and Birds v. Union of India, WP (C) No 2045 of 2022, decided on 30-08-2022]

Advocates who appeared in this case :

For Petitioner- Mr. Ankur Bhasin, Advocate

For Union of India- Mr. Rajesh Gogna, CGSC with Mr.Vinod Tiwari and Ms.Priya Singh, Advocate for respondents 1, 2 & 4/ UOI. Mr. Rishikesh Kumar, ASC with Ms. Sheenu Priya & Mr.Muhammad Zaid, Advocates for respondent 3.

*Arunima Bose, Editorial Assistant has put this report together.

Case BriefsCOVID 19High Courts

Madras High Court: A Division Bench of M. Sathyanarayanan and Dr Anita Sumanth, JJ. asked for a comprehensive report to be submitted since the accommodation and transportation of the migrant workers stranded in the State of Tamil Nadu is looming at large.

Counsel for the petitioner submitted that Standard Operating Procedures (SOPs) in the form of various administrative instructions have been issued with relating to migrant workers/Labourers.

It has been submitted that, some of the migrant workers do not have authenticated cards on the form of Aadhar Cards, etc. and NGOs are trying their level best to coordinate with Governmental Agencies for registration and transportation but still there are some problems thus the same needs to be addressed and emergent directions needs to be passed.

Government Pleader, V. Jayaprakash Narayan submitted that comprehensive guidelines have been placed based upon MHA Order wherein the following was stated:

Inter-State movement of migrant workers, pilgrims, tourists, students and other persons stranded at different places due to lockdown and said Order mandated State Governments to designate Nodal officers to have coordination with respective State/UTs Governments to ensure orderly receiving and sending of stranded people between State of Tamil Nadu and other State/UTs as per SOPs issues.

Court while hearing the arguments placed a specific query with regard to identification of shelter homes/places wherein migrant workers were waiting for transportation to their Home States could be accommodated .

Court also took judicial notice of the fact that in arterial roads, migrant workers were exhibiting their anxiety to reach Railway Station and were not maintaining the social/physical distancing and do not possess sufficient protective masks and thus State’s immediate concern should be to accommodate them i shelter homes.

Assistant Solicitor General of India, G. Rajagopalan submitted that Ministry of Railways operated number of ‘Shramik’ Special Trains to transport migrant workers and though some of the States are not permitting the entry of migrant workers, State Government concerned needs to coordinate with the State Governments.

Court asked for a comprehensive Status Report to be filed with regard keeping in view the accommodation and transportation of migrant workers stranded in State of Tamil Nadu and the effective measures/workable solutions in terms of SOPs formulated.

The NGOs shall also coordinated with the migrant workers as their orderly behaviour and render necessary help to board trains. [S. Thilakraj v. Union of India, WP  No.7702 of 2020, decided on 19-05-2020]