State Society For The Prevention Of Cruelty To Animals v. Union Of India
2003-04-01
R.N.PRASAD, RAVI S.DHAVAN
body2003
DigiLaw.ai
Judgment 1. This petition has been filed by an organization which calls itself the State Society for Prevention of Cruelty to Animals. It is contended that the Society had been incorporated in 1940. If that was the case then this Society must have been incorporated under an Act of that time known as the Prevention of Cruelty to Animals Act, 1890 (Central Act No. 11 of 1890). Subsequently, this Act was re-enacted with the name in 1960 as Act 59 of 1960. Not to be forgotten are certain legislations, for instance, the Elephant Preservation Act, 1879, Wild Birds and Animals Protection Act, 1912 and the Wild Life (Protection) Act, 1972 and also not to be forgotten rules known as the Prevention of Cruelty to Draught and Pack Animals Rules, 1965 to carry out the purposes of this Act. Section 38 of the Prevention of Cruelty to Animals Act, 1960, gives the power to the Government of India to frame rules. 2. The Court is afraid that the submissions being made, to the effect, that the rules are bad. Sans the rules not on record is itself a bad situation. Further, no apprehension has been expressed that any work of the petitioner is under restraint. The dominant purpose of the Act is the promotion of animal welfare generally and for the purpose of protecting animals from being subjected to unnecessary pain or suffering in particular. To show concern on these is to show sensitivity to nature. The apprehension being submitted do not appear to have taken place and it will not be appropriate for the court to issue notice or motion on this petition so lightly so that the dominant purpose of the Act is itself questioned. 3. Consigned.