Delhi HC pulls up Animal Welfare Board for not conducting physical surveys in registered circuses amid pandemic

The Delhi High Court has pulled up mal Welfare Board of India (AWBI) for merely undertaking correspondences from registered circuses and instead of conducting physical surveys for knowing exact conditions of mals kept in the circuses amid pandemic.

A Division Bench of Justices Vipin Sanghi and Rajnish Bhatnagar slammed AWBI for merely undertaking correspondence.

"In our last order, we required the Board to conduct a survey and not merely undertake correspondence. Unless and until the survey is conducted and report submitted by the surveyor with regard to the actual condition found on site, along with photographs/ video-recordings of the mals and the surroundings in which they are kept, no useful purpose would be served," the court said.

Earlier the court has asked the respondent to carry out a survey of all the registered circuses and to find out the condition of the mals.

But the court observed that in the affidavit filed by Board, only seven out of the 19 registered circuses have responded claiming that their mals are kept in good condition and they are not willing to surrender their mals. The affidavit disclosed that communications were issued to the State mal Husbandry Boards to carry out physical verification, and communications were also sent to the 19 registered circuses to find out about the condition of their mals and whether they would be willing to surrender the same.

The court again asked the Board to conduct surveys in the registered circuses related to mals' health condition, the kind of food and quantity of food that they are being provided on a daily basis and other relevant facts.

The bench directed the respondent Board to ensure that either the respondent Board gets the physical site surveys done itself, or gets the same done through the State mal Husbandry Boards concerned of all the circuses registered.

The court said that the survey should provide all the relevant and material facts about the condition in which the mals are being kept; their health condition, i.e. whether they are suffering from any ailments; the kind of food and quantity of food that they are being provided on daily basis; and all such other relevant facts. The survey should involve veterinarians.

The court sought a status report and listed the matter for further hearing on August 29.

The court was hearing a petition filed by the Federation for Indian mal Protection Orgsations (FIAPO) seeking rescue of mals in circuses due to COVID-19 pandemic and challenging Sections 21 to 27 of the Prevention of Cruelty to mals Act, 1960 to the extent that they permit exhibition and training of mals in/ for/ in relation to circuses acts. The challenge to these Sections will ensure a ban on the use of mals in circuses.

The petition, which was was filed by advocates Ambuj Agrawal and Asmita Singh and FIAPO, was represented by noted advocate Dayan Krishnan. In the petition, FIAPO has prayed before the High Court to direct Respondents to formulate an appropriate scheme for the rescue, rehabilitation and relocation of all mals rescued from circuses.

FIAPO Executive Director, Varda Mehrotra said, 'Using mals for performing tricks in circuses is abusive and painful for mals. These mals are suppressed from performing their fundamental rights like freedom from fear and distress or freedom from expressing normal patterns of behaviour.

Moreover, in the midst of the pandemic, the situation has become worse. Therefore, the use of mals in circuses needs to end and they must be rescued at the earliest.'

The petitioners pointed out that circuses with mals performing tricks often use wild mals, including elephants, hippos, and exotic birds. mals are very often used without requisite paperwork certifying their fitness. 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.

These observations are clear and indirect violations of mal protection laws, mal rights and welfare. In the Supreme Court Judgment - AWBI vs. A. Nagaraj, the court had previously observed that an mal's life is also included in the expanded meng of Article 21 of the Constitution of India. Hence, there is an urgent need to ban mals from circuses initiating their rehabilitation ensuring mals are treated with dignity and compassion.

( With inputs from ANI )