The Supreme Court recently heard a writ petition seeking the establishment of fully functional State Animal Welfare Boards in all States and Union Territories. The petition seeks effective regulation of animal welfare issues through these bodies.
A Bench of Chief Justice of India Surya Kant and Justice Joymalya Bagchi heard the matter. The Court noted that, despite ample opportunity, 12 States and 2 Union Territories have not yet filed their affidavits.
States and UTs Yet to File on Animal Welfare Boards
The States named by the Court are Assam, Chhattisgarh, Gujarat, Jammu & Kashmir, Manipur, Meghalaya, Punjab, Sikkim, Tamil Nadu, Tripura, Uttar Pradesh, and West Bengal.
The Union Territories named are Dadar and Nagar Haveli, Daman and Diu, and Ladakh.
Petitioner Flags Delay in Animal Welfare Boards
Appearing for the petitioner, Senior Advocate Sidharth Luthra submitted that both the Union and State governments have remained inactive for a long period.
He told the Court that the matter has remained pending since 2020. Despite this, the Centre and several States and Union Territories have still not filed their counter affidavits. He also submitted that many States and UTs have not made the State Boards functional.
Rules Governing Animal Welfare Boards Still Pending
The Court was informed that earlier orders were passed in 2020 and 2023. Even after those directions, there appeared to be no response or clarity from the Union of India, as well as 11 States and 3 Union Territories.
The petition also seeks notification of the statutory rules governing these boards. These are the Prevention of Cruelty to Animals (State Animal Welfare Board) Rules, 2018.
Luthra pointed out that these governing rules have remained pending with the Central Government for nearly eight years. He urged the Court to ensure that they are notified without further delay.
Supreme Court Issues Directions on Animal Welfare Boards
Taking note of these submissions, the Bench directed the Chief Secretaries of the concerned States and Union Territories to ensure filing of affidavits on the formation of the State Boards within four weeks.
The Court also warned that failure to file the affidavits would attract exemplary costs.
In addition, the Bench directed the Union Government to place an updated status report on record. The report must state the final decision taken on the draft rules.
Case Details
Case: Gauri Maulekhi v. Union of India
Case No.: W.P.(C) 259 of 2020
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