Animals Have Emotions Similar To Human Beings: Bombay HC Denies Custody Of Milching Buffaloes To Owners Violating Transportation Rules
The Bombay High Court, Nagpur Bench has denied the interim custody of milching buffaloes to its owners who were alleged to have violated the Transport of Animal Rules, 1978. The Court said that animals have emotions, feelings, and senses similar to human beings.
A Single Bench of Justice G.A. Sanap held, “It is not out of place to mention that the animals have emotions, feelings and senses similar to a human being. The only difference is that the animals cannot speak and therefore, though their rights are recognized under the law, they cannot assert the same. The rights of the animals, welfare of the animals and protection of the animals has to be taken care of by the concerned in accordance with law. Before the Act of 1960, there was no enactment to deal with the aspects which are now taken care of in the Act of 1960.”
The Bench said that in such matters, the prime consideration must be the welfare, protection, and maintenance of the animals and that the court has to see who is comparatively better suited and equipped to provide the necessary comfort and protection to the animals.
Advocate Laique Hussain represented the petitioners while APP H.D. Dubey and Advocate D.R. Galande represented the respondents.
In this case, the writ petitions challenged the order passed by the Additional Sessions Judge whereby the revision applications of the petitioners got dismissed which challenged the Magistrate’s decision of not handing over the custody of seized animals to the petitioners. A case was registered against the petitioners for the offence punishable under Section 11(1)(d) of the Prevention of Cruelty to Animals Act, 1960, and Sections 66 and 192 of the Motor Vehicles Act, 1988.
The petitioners were the owners of the cattle and as per the case of the prosecution, they were accused of illegally transporting the animals (mostly milching buffaloes) in the trucks. On interception of trucks by the authorities, it was found that 18, 15, and 16 cattle were kept in three trucks respectively by the petitioners.
The High Court in view of the facts and circumstances of the case noted, “It is seen on perusal of the facts brought on record that majority of the animals are milching buffaloes. Compared to the cow, milching buffalo is large in size. The milching buffaloes were cramped in the vehicle, which were not fitted with padding etc. There was no provision of water and fodder. It is to be noted that if transportation of buffaloes had been within the permitted limits or capacities, non-compliance of other provisions and rules could have been glossed over.”
The Court further noted that the said milching buffaloes were transported in a very cruel condition.
“… the Courts below have properly considered all the facts and law and rules and found that the petitioners were not entitled to get custody of the animals. On consideration of the matter afresh, I record my agreement with the view taken by the Courts below. Therefore, the petitions deserve to be dismissed”, said the Court.
Accordingly, the Court dismissed the petitions and denied interim custody to the petitioners.
Cause Title- Ansar Ahmad & Ors. v. State of Maharashtra & Anr.
