The Delhi High Court on Tuesday directed the mal Welfare Board of India (AWBI) to carry out a nationwide survey to find out whether the circuses, which are unable to perform during the COVID-19 lockdown, can sustain the mals.
A division bench of Justice Vipin Sanghi and Justice Rajnish Bhatnagar also asked the Ministry of Fisheries, mal Husbandry and Dairying, Ministry of Environment, Forests and Climate Change, Central Zoo Authority and AWBI to file their responses.
The High Court directed the AWBI to conduct a survey and submit a status report. The matter is now listed for further hearing on August 14.
The direction has come on a petition filed by the Federation for Indian mal Protection Orgsations (FIAPO) seeking the rescue of mals used in circuses amid the ongoing COVID-19 pandemic and challenging their use under the Prevention of Cruelty to mals Act, 1960.
The petition, filed by advocates Ambuj Agrawal and Asmita Singh and FIAPO, was represented by senior advocate Dayan Krishnan.
In the petition, FIAPO prayed for a direction to the respondents to formulate an appropriate scheme for the rescue, rehabilitation and relocation of all mals once they are rescued from circuses.
FIAPO Executive Director Varda Mehrotra, said in a press release that using mals for performing tricks in circuses is abusive and painful for mals. "These mals are suppressed from their fundamental rights like freedom from fear and distress or freedom from expressing normal patterns of behaviour," Mehrotra said.
Mehrotra also said that the situation has become worse amid the pandemic and sought the end of the use of mals in circuses.
The petitioners pointed out that circuses, in which mals perform tricks, often use wild mals including elephants, hippopotamus, and exotic birds. mals are very often used without requisite paperwork certifying their fitness, the plea said.
"Investigations show mals being chained and tied up for several hours each day, made to perform several shows without proper rest, trained using negative reinforcement with instruments like metal rods, wooden sticks, whips and outdated and barbaric tools like hooks and spiked belts," the plea added.
Since 2015, FIAPO, with its member orgsations and volunteers, has rescued more than 150 mals from 13 circuses across India through a campaign `End Circus Suffering'.
It has mobilised 114 activists from 45 orgsations across 18 states.
( With inputs from ANI )