Justice Prakash D Naik said that the safety of the animals or any other cattle is in the hand of the owner of the vehicle who is carrying it. The casualties or the injuries suffered by the animal was to be undertaken by the transport’s owner. That person will also responsible for its maintainace, health inspection and treatment of that particular animal or cattle.
“Although the petitioner is the owner of the vehicle, he cannot be absolved of his responsibility to pay the amount towards maintenance and health inspection of animals in accordance with rules. As stated above the petitioner can be directed to pay the amount towards maintenance, health inspection and future amount of Rs 200 per day per animal being the owner of the vehicle,” the Court said.
In the case, gulmohammad shaikh babu vs. state of Maharashtra, three persons were seated in the cabin, who ran away, whilst the driver was caught on the spot. On inspection of the vehicle, it was found that there were 40 cattle (bullocks) out of which 6 were in injured condition and one was dead. It was transpired that the container was owned by one Muneem Kha and cattle were being transported towards Khamgaon and Nandura at the instance of one Gullu (present applicant).
According to the prosecution, the applicant is called as ‘Gullu’. The applicant is referred to as the Gullu in the First Information Report. The allegation is about illegal transportation of cattle to slaughter house and treating the animals with cruelty. Already the Truck carrying cattle was seized and all the animals were seized. The applicant was not found along with cattle at relevant time.
The buffaloes were rescued by the police and handed over to a gaushala for preservation and care.
The petitioner moves the High Court to challenge an order directing which gave him directions to pay Rs. 96,625 towards maintenance and health inspection of the animals until May 13, 2022 and an amount of Rs 200 per day per animal till the conclusion of trial.
The order passed was in favour of the petitioner and later the same was upheld by the Sessions Court.
Advocate Atharva Dandekar, who represented the petitioner, was in not favour of the same. He said that as he was not fully involved in the entire business therefore cannot compelled to pay full maintainance.
It was held that as the truck was intercepted and was found to be carrying the transport illegally and in a cruel manner and taken into consideration, the Rule 5 of the prevention of cruelty to animals ((Care and Maintenance of Case Property Animals). As being the owner of the truck, was jointly and severally liable for the cost of transport, treatment and care of animals.
Therefore, the petition was dismissed by the high court.
In anticipation of arrest in Crime, registered with M.I.D.C. Police Station, District Akola for the offences punishable under Sections 5(A), 5(B), 5(C) and 9 of the Maharashtra Animal Preservation Act 1995, Section 429 of the Indian Penal Code 1860, Sections 181, 181(3), 184 and 5 of the Motor Vehicles Act 1988 and Sections 11(1), 11(1)(a), 11(1)(d), 11(1)(e), 11(1)(f), 11(1)(g) and 11(1)(h) of the Prevention of Cruelty to Animals Act, 1960, the applicant prayed for pre-arrest protection.
The non-applicant/State resisted bail by filing affidavit-in-reply.
According to the transport of animals(amendment) rules, 2001 certain rules are ascertained under this act.
General requirement – In transport of poultry by rail, road or air –
(a) the container shall be properly cleaned and sterilised before the poultry is placed in them
(b) poultry shall not be exposed to the sunlight, rain and direct blast of air during transport.
(c) poultry shall not be transported when the temperature exceeds 25 degrees Celsius or when the
temperature falls below 15 degrees Celsius.
78. Day-old chicks and turkey poults – In transport of day old chicks and poultry by rail, road and air
(a) chicks and poults shall be packed and dispatched immediately after hatching and shall not be stored in
boxes for any length of time before dispatch.
Note: In the said transport endeavour shall be made by the consignor or his agent so that
consignments shall arrive at destination within the shortest possible time after being taken out of
the incubator. Seventy-two hours shall normally be regarded as the maximum period to be taken
trom incubator to brooder in winter and 48 hours in summer;
(b) chicks or poults shall not be fed or watered before and during transportation.
(c) every effort shall be made to ensure that chicks and poults arrive as quickly as possible at the
dispatching site
(d) personal attention shall be given by the consignor or the forwarding agent to ensure that all
consignments are kept out of direct sunlight, rain and heat;
(e) care shall be taken to carry the boxes in a level position so that chicks are not in danger of falling over
on to their backs an’ 11 The putting up of other merchandise over and around chick boxes shall be
avoided.
79. Poultry other than day-old chicks and turkey poults
– In transport of poultry other than day old chicks and turkey poult by rail, road or air
(a) the poultry to be transported shall be healthy and in good condition and shall be examined and certified
by a veterinary doctor for freedom from infectious diseases and fitness to undertake the journey.
(b) poultry transported in the same container shall be of the same species and of the same age group
(c) poultry shall be properly fed and watered before it is placed in containers for transportation and extra
feed and water shall be provided in suitable troughs fixed in the containers.
(d) arrangements shall be made for watering and feeding during transportation and during hot weather,
watering shall be ensured every six hours;
(e) male stock shall not be transported with female stock in the same container
80. Road Travel – In transport of poultry by road the container shall not be placed one on the top of the
other and shall be covered properly in order to provide light, ventilation and to protect from rain, heat and
cold air.
81. Rail Travel – In transport of poultry by rail –
(a) in case the journey is for more than twelve hours, an attendant shall accompany the consignment:
(b) poultry shall not be exposed to rain or direct blast of air;
(c) as far as possible poultry shall be transported in wagons having adequate facilities for ventilation and
no other merchandise which may result in mortality of birds shall be loaded in the same wagon;
82. Air travel – In transport of poultry by air or for international transport the containers carrying poultry
shall be kept in pressurised compartments with regulated temperature and the container shall preferably
be kept near the door and shall be unloaded immediately on arrival.
83. Containers for transportation – In transport of poultry by rail, road or air –
(a) containers used to transport poultry shall be make of such material which shall not collapse or crumble
and they shall be well ventilated and designed to protect the health of poultry by giving it adequate space
and safety.
(b) the containers shall be so designed as to render impossible for birds to crowd into the corners during
transportation, and to avoid the danger of boxes being stocked so close together as to interfere with
ventilation.
(c) all the containers shall be clearly labelled showing the name, address and telephone number of the
consignor and the consignee.
(d) the minimum floor space per bird and the dimension of the containers for transporting poultry shall be a specified in the act.
Amendment bill produced by the centre in prevention of animal cruelty act 2022
The draft has been prepared by the Ministry of Fisheries, Animal Husbandry and Dairying. The Centre has released the draft Prevention of Cruelty to Animal Act (Amendment) Bill 2022 for public comment. In the draft legislation, it has proposed to introduce 61 amendments to the Prevention of Cruelty to Animal Act 1960. The draft Bill has included bestiality as a crime under the new category of gruesome cruelty. A provision of a maximum of five-year imprisonment with a minimum 75 thousand rupees fine for killing an animal has been made.
Proposed amendment:
- The draft includes ‘bestiality’ as a crime under the new category of ‘gruesome cruelty’.
“Bestiality” means any kind of sexual activity or intercourse between human being and animal.
Gruesome cruelty has been defined as “an act that leads to extreme pain and suffering to the animals which may cause lifelong disability or death”.
- A minimum fine of Rs 50,000 may be imposed and may be increased to Rs 75,000 by a judicial magistrate in consultation with the jurisdictional veterinarians, or the cost may be determined by the judicial magistrate whichever is more, or a maximum fine of one year that may be extended to three years.
- A maximum 5-year imprisonment, along with a fine.
- The draft also proposes insertion of a new Section 3A, which provides ‘five freedoms’ to animals.
It shall be the duty of every person having charge of an animal to ensure that the animal in his care or under his charge has:
- Freedom from thirst, hunger and malnutrition
Freedom from discomfort due to environment
- Freedom from pain, injury and diseases
- Freedom to express normal behaviour for the species
- Freedom from fear and distress
- In the case of community animals, the local government shall be responsible for their care.
The draft proposals introduce the community animal as “any animal born in a community for which no ownership has been claimed excluding wild animals as defined under the Wildlife Protection Act, 1972.
CASE: GULMOHAMMAD SHAIKH BABU VS STATE OF MAHARASHTRA
BY: AYUSHI BHUSHAN, 1ST YEAR, BA.LLB(INTEGRATED), BANASTHALI UNIVERSITY, RAJASTHAN
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