JUDGMENT - M.B. SHAH, C. J.:---This public interest litigation is filed for appropriate directions to the concerned authorities so as to prevent atrocities and inhuman and cruel treatment meted out to birds, despite there being full protection under the provisions of the Wild life (Protection)Act, 1972 and the Rules framed the thereunder, particularly by preventing the entry and sale of wild birds in the city of Mumbai and the State of Maharashtra. It is submitted that, despite the provisions of the Prevention of Cruelty to Animals Act, 1960 and the Rules framed thereunder, the respondents are not taking any action against the persons who violate the said Act and Rules. It has been pointed out that the respondents, for reasons best known to them, are turning complete blind eye in implementing the aforesaid Acts and Rules and permit inhuman and cruel treatment to the birds; they are caught and brought to the city of Mumbai for sale, export or other prohibited purposes. It is, therefore, prayed that the respondents be directed not to grant licence to any person for the purpose of bringing in birds and that criminal action be taken against such persons, it is also submitted that such birds be confiscated and released in the National Park. The petitioners have joined various authorities, who are required to implement the Acts and the Rules, as party-respondents. 2. The petitioners have also relied upon Article 51-A of the Constitution, which inter alia, prescribes fundamental duties of the citizens to the effect that every citizen of India shall protect and improve the natural environment, including forests, lakes, rivers and wild life, and shall have compassion for living creatures. It is submitted that the directions given by the Supreme Court in the case of (M.C.Mehta v. Union of India)1, 1988(1) S.C.C. 471 are not followed by the authorities.The petitioners have also referred to the provisions of the Wild Life (Protection) Act, 1972, which define the word 'Animal' to mean "amphibians, birds, mammals and reptiles and their young, and also includes, in the cases of birds and reptiles, their eggs". Similarly, provisions of the Prevention of Cruelty to Animals Act, 1960 are also referred to, which define the word 'Animal' to mean " any living creature other than human being". 3. Similarly, provisions of the Prevention of Cruelty to Animals Act, 1960 are also referred to, which define the word 'Animal' to mean " any living creature other than human being". 3. It has been submitted that, on the basis of the said Acts, the Central Government has framed the following Rules:- (a) Prevention of Cruelty to the Performing Animal Rules, 1973, (b) Transport of Animals Rules, 1978 and (c) Prevention of Cruelty (Capture of Animals) Rules, 1972. It is submitted that, despite these Acts and Rules, birds are caught, inter alia, for the following purposes:- (a) Safe in the cities as articles of show or trophies. (b) Sale for making the birds as pet birds in the houses. (c) Sale for the purposes of killing for food. (d) Sale for the purposes of making trophies from the body of such birds. (e) For the purposes of export out of the country. It is pointed out that birds brought from all over the country from Jungles and forests, including the reserved forests or national parks, are transported to Mumbai where there is a lucrative market for such birds. The birds are transported to the city of Mumbai by trains of Central and Western Railways in the most inhuman and cruel manner; there is no sufficient space for these birds to move in cages or containers in which they are transported. It is submitted that this reveals that, instead of showing any compassion for wild life and birds, it is positive inhumanity and cruelty meted out to such birds by transporters and by persons who purchase or acquire the birds. The places where this business is carried out are also mentioned. 4. The petitioners have relied upon the decision rendered by the Supreme Court in the case of (Tarun Bharat Singh v. Union of India)2, ,1992(2) Suppl. S.C.C. 448, wherein the Court has relied upon its earlier decision in the case of {State of Bihar v. Murad Ali Khan)3, 1984(4) S.C.C. 655, wherein it has observed as under:--- "The state to which the ecological imbalances and the consequent environmental damage have reached is so alarming that unless immediate, determined and effective steps were taken, the damage might become irreversible. The preservation of the fauna and flora, some species of which are getting extinct at an alarming rate, has been a great and urgent necessity for the survival of humanity and these laws reflect a last ditch battle for the restoration in part at least, a grave situation emerging from a long history of callous insensitiveness to the enormity of the risks to mankind that go with the deterioration of environment. The tragedy of the predicament of the civilised man is that every source from which man has increased his power on earth has been used to diminish the prospects of his successors. All his progress is being made at the expense of damage to the environment which he cannot repair and cannot foresee". In his foreword to International Wild Life Law, H.R.H. Prince Philip, the Duke of Edinburgh, said: 'Many people seem to think that the conservation of nature is simply a matter of being kind to animals and enjoying walks in the countryside. Sadly, perhaps, it is a great deal more complicated than that'........ As usual with all legal systems, the crucial requirement is for the terms of the conventions to be widely accepted and rapidly implemented. Regretfully progress in this direction is proving disastrously slow....' "Environmentalists' conception of the ecological balance in nature is based on the fundamental concept that nature is 'a series of complex biotic communities of which a man is an interdependent part' and that it should not be given a part to tresspass and diminish the whole. The largest single factor in the depletion of the wealth of animal life in nature has been the 'civilised man' operating directly through excessive commercial hunting or, more disastrously, indirectly through invading or destroying natural habitats." 5. The petitioners have, therefore, submitted that the Court may appoint appropriate Committee for seeing that the aforesaid Acts, Rules and the directions issued by the Supreme Court from time to time are properly implemented. After a discussion, it was agreed that a Committee be appointed, so that the aforesaid Acts, Rules and directions can be implemented. 6. The petitioners have, therefore, submitted that the Court may appoint appropriate Committee for seeing that the aforesaid Acts, Rules and the directions issued by the Supreme Court from time to time are properly implemented. After a discussion, it was agreed that a Committee be appointed, so that the aforesaid Acts, Rules and directions can be implemented. 6. Hence, it is ordered as under:--- (1) Committee consisting of following members be constituted:- (a) Deputy General Manager, Western Railway,or his nominee; (b) Deputy General Manager, Central Railway, or his nominee; (c) Commissioner of Police, or his nominee; (d) Deputy Conservator of Forests (Forests Division), Thane, or his nominee; (e) Deputy Conservator of Forests (Wild Life), Mumbai, or his nominee; (f) Deputy Municipal Commissioner, or his nominee; (g) Secretary, Society for Prevention of Cruelty to Animals, who shall also act as the Convener of the Committee. (h) It will be open to Mr. Atui Vrajlal Shah and Mr. Dipan A. Shah who are the representatives of the petitioners, to assist the Committee. (2) The functions of the Committee, inter alia, shall be --- (a) To suggest ways and means to ensure compliance with provisions of Wild Life (Protection) Act, 1972, and Prevention of Cruelty to Animals Act, 1960 (b) To recommend amendments to plug loopholes, if any, and to otherwise make the provisions of the Rules thereunder more effective; (c) To take immediate steps for preventing illicit trade of birds/animals and release of such birds/animals. (2A) The Committee shall visit the sensitive sites of illicit trade of birds/animals at the appropriate times as may be decided by the Committee. Few such places are identified as under:--- (a) Bombay Central Station. (b) C.S. Terminus, Central Railway . (c) Goods Terminal, Western Railway (d) Goods Terminal, Central Railway (e) Bombay Central S.T. Bus Station (f) Octroi Posts at Dahisar, Mulund and Vashi (g) Crawford Market, Bandra Market and other places and road-sides where the birds are being brought or kept for sale. (3) The Committee on such visits and inspection shall identify the cruelties to birds/animals, particularly as to method and manner of carrying them, space for them, food and other provisions etc. The Committee shall also verify whether birds are being dealt with illegally or illicitly for trade, in contravention of provisions of the Wild Life Protection Act, 1972. (3) The Committee on such visits and inspection shall identify the cruelties to birds/animals, particularly as to method and manner of carrying them, space for them, food and other provisions etc. The Committee shall also verify whether birds are being dealt with illegally or illicitly for trade, in contravention of provisions of the Wild Life Protection Act, 1972. (4) On the Committee finding illegal and illicit trade in birds, the Police Commissioner or his nominee on the Committee or the competent authority shall ensure that immediate action such as seizure of birds and prosecution of the concerned person is taken. The Police Commissioner or his nominee shall ensure adequate police escort consisting of Inspector and Constables to as to take immediate, on the spot action in this regard. The Deputy Conservator of Forests shall take appropriate steps for release of the birds/animal at national park or at such other place as may be suitable for the bird/animal concerned. (5) The Committee shall have its first preliminary meeting within four weeks from today and file a list of names and addresses of the members in this Court within five weeks from today. Any changes thereafter shall be notified, by filing a change Report in this Court, within two weeks of the change occurring. The Committee shall make its visits at the potential places of illicit birds/animals .trade within five weeks from today and thereafter with such periodicity as it may decide but at least once a month. (6) The Committee shall submit a Report on compliance with this order, every month. 7. Stand over to the first week of. January 1998. Order accordingly.