Tripura High Court: In a Public Interest Litigation filed by a legal practitioner and animal rights activist associated with the NGO “Society for Welfare of Animal and Nature (SWAN) highlighting incident involving illegal and inhumane transportation of cattle, a Division Bench of Aparesh Kumar Singh, CJ., and Biswajit Palit, J., directed respondent authorities to ensure strict compliance with the Prevention of Cruelty to Animals Act and Rules in future seizures and releases.
In the instant matter the petitioner sought to address an incident on 25-07-2024, where a vehicle carrying cattle (cows, calves, and bulls) was intercepted at Kamrangabari, Kailashahar, Unakoti District. The cattle were being transported in an inhumane manner, allegedly violating the Prevention of Cruelty to Animals Act, 1960 (PCA Act), the Transport of Animals Rules, 1978 (Transport of Animals Rules), the Prevention of Cruelty to Animals (Care and Maintenance of Case Property Animals) Rules, 2017 (PCA Rules) and the Motor Vehicles Act, 1988. Despite a written complaint by a local animal rights activist and member of the Society for Prevention of Cruelty to Animals, the police released the seized cattle and vehicle without adhering to proper procedures.
The petitioner approached this Court, alleging negligence and seeking enforcement of the legal provisions concerning the welfare of animals. The petitioner highlighted procedural violations by the police in releasing the seized cattle. It was alleged that attempts are being made to influence the complainant to withdraw the complaint. The petitioner sought directions for strict adherence to the PCA Act and associated rules.
The respondents acknowledged the negligence and reported disciplinary action against the concerned inspector, who was issued a final warning. The respondents assured us that steps would be taken to ensure compliance with legal provisions in future cases.
The Court took note of the respondents’ submission regarding disciplinary action against the inspector and their assurance of future compliance. The Court noted that the petitioner, satisfied with the corrective steps, did not press further charges but requested directions for future compliance. The Court also emphasised that the provisions of the PCA Act and the associated rules and guidelines must be scrupulously followed by all concerned authorities.
The Court directed the respondent authorities to ensure strict compliance with the PCA Act, 1960, and its rules in all cases of seizure and release of animals. The Court stated that relevant guidelines should be recirculated among field officers to avoid future lapses.
[Paramita Sen v. State of Tripura, WP(C) (PIL) No.5 of 2024, Decided on 19-12-2024]
Advocates who appeared in this case :
Ms. Paramita Sen, Petitioner-in-person
Mr. S.M. Chakraborti, Advocate General, Mr. K. N. Bhattacharyya, G.A. and Ms. P. Chakraborty, Counsel for the Respondents