New Delhi: The Supreme Court has disposed of a plea which sought directions to the State and Central governments to take measures to prevent the killing of animals in the name of religious rituals, for butchery, saving crops etc, enact legislations for the purpose and adopt scientific methods to prevent the killing.
The bench comprising of Justices Sanjay Kishan Kaul and Dinesh Maheshwari observed that the prayers sought by the petitioner are too wide and it would be difficult to pass directions.
The court examined the Enforcement of Environment (Protection) Act,1986, The Forest (Conservation) Act,1980, The Wild Life Protection Act,1972, The Indian Forest Act,1972 and The Prevention of cruelty to Animals Act, 1960. It observed that "it is for the executive to take appropriate action to see the intent of the legislature is implemented in its true intent and spirits".
In the case of violation of provisions of Prevention to cruelty Act, 1960, the court requested the centre to examine the issue and see if any modifications are required. The court directed that a copy of its order should be sent to the government and disposed of the plea.
The plea was filed in the wake of the death of a pregnant elephant in Kerela after eating explosive-laden fruit. The petitioner had narrated various incidents where animals like pigs, cows, birds etc are butchered, deprived of nutrition, injected with medicines, castrated etc and sought court's attention on the issues and directions from it to the government. Petitioner argued that slaughter of milking and pregnant cows is rampant in the country whether cow slaughter is banned or not.
"The animals, both wild and domesticated, in this country are subjected to extreme cruelty and torture. Due to the shrinking of their natural homes- the forests- because of human activity, elephants, wild boars and other animals enter into areas human habitation and this has resulted in large scale man versus animal conflict," contended the petitioner.
"The farmers are forced to resort to cruel means of protecting their cultivation from the raid of wild animals. Because there is no insurance or governmental support. Rich farmers protect their cultivation by a construction fence, etc. The poor farmers protect their cultivation by construction fence etc. The poor farmers try to protect their fence using cheap materials which are not durable. As a last resort, they use crackers, poison laden fruits etc which leads to maiming and killing of wild animals, something which is heart-rendering," added the plea.
The petition was filed by Mathews J Nedumpara and Centre, Kerala, Tamil Nadu, Karnataka and Maharashtra were made respondents.
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