Uttarakhand HC Declares “Entire Animal Kingdom” As Legal Entity, With Rights, Duties & Liabilities Of A Living Person [Read Judgment]

The Uttarakhand High Court on Wednesday declared the “entire animal kingdom including avian and aquatic” as legal entities with a distinct persona and corresponding rights, duties and liabilities of a living person.The Bench comprising Justice Rajiv Sharma and Justice Lok Pal Singh observed, “The Corporations, Hindu idols, holy scriptures, rivers have been declared legal entities and thus, in order to protect and promote greater welfare of animals including avian and aquatic, animals are required to be conferred with the status of legal entity/ legal person. The animals should be healthy, comfortable, well- nourished, safe, able to express innate behaviour without pain, fear and distress. They are entitled to justice.”A First In India: Uttarakhand HC Declares Ganga, Yamuna Rivers As Living Legal Entities [Read Judgment]The Court was hearing a petition filed by one Mr. Narayan Dutt Bhatt seeking directions for restricting movement of horse carts/tongas from Nepal to India and vice versa through the Champawat District. He had essentially demanded that the horses be vaccinated and checked for infections before being allowed into the Indian territory from Nepal. The scope of the petition was, however, enlarged to encompass protection and welfare of all animals.It then went on to highlight the laws in place for welfare of animals, including the Prevention of Cruelty to Animals Act (PCA Act), and emphasised on the need to adhere to these laws, observing, “The principle of equality of all species found in Isha Upanishads is the culture and tradition of the country, particularly the States of Tamil Nadu and Maharashtra. SC Stays Uttarakhand HC’s Order Declaring Ganga And Yamuna Rivers As Living Legal Entities [Read Order]The PCA Act has been enacted with an object to safeguard the welfare of the animals and evidently to cure some mischief and age old practices, so as to bring into effect some type of reform, based on eco-centric principles, recognising the intrinsic value and worth of animals. So far as animals are concerned, “life” means something more than mere survival or existence or instrumental value for human being, but to lead a life with some intrinsic worth, honour and dignity.”The Court then issued the following directions:Legal entities The entire animal kingdom including avian and aquatic are declared as legal entities having a distinct persona with corresponding rights, duties and liabilities of a living person. All the citizens throughout the State of Uttarakhand are hereby declared persons in loco parentis as the human face for the welfare/protection of animals.Regulation and medical checkup of animals before entering India The Nagar Panchayat, Banbasa is directed to regulate the plying of horse carts/tongas from Banbasa to Nepal by issuing licenses to the owners by charging reasonable fee within one month from today. The State Government is directed to ensure the medical examination of all the animals including horses entering from Nepal to India as well as horses moving from Indian border to Nepal to check infectious and contagious diseases by setting the veterinary check-posts on the border.Research on maximum weight to be carried by draught animals and certain pack animals The worthy Vice Chancellor of the G. B. Pant University of Agriculture and Technology is directed to constitute a Committee presided by the HOD, Veterinary Sciences and the two senior-most professors to undertake the research/study to find out whether the maximum weight prescribed under Rules 3 and 4 of the Prevention of Cruelty to Draught and Pack Animals Rules, 1965 is reasonable or not, within twelve weeks from today. The Committee shall submit the report to the Vice-Chancellor of the University. The Vice-Chancellor shall send the same to the Chief Secretary to the State of Uttarakhand for making suitable amendment in Rules 3 and 4 of the Rules, 1965 and till then, the State Government is directed to ensure that the draught animals do not carry load while driving vehicles more than prescribed as. The State Government is directed to ensure that no animal shall carry weight or load in excess of the weight prescribed. It is also made clear that where the route by which a vehicle is to be drawn involves an ascent for not less than one kilometer and the gradient is more than three meters in a distance of thirty metres, the weight shall be half of what is specified by this Court. It is also made clear by way of abundant precaution that the weight specified in the direction made hereinabove, shall be inclusively the weight of the vehicle. The State Government is directed to ensure that throughout the State of Uttarakhand, that no person in charge of any vehicle drawn by any animal allows more than four persons, excluding the driver and children below 6 years of age to ride the vehicle. The State Government is directed to ensure that in any area where the temperature exceeds 37°C (99°F) during the period between 11.00 am and ...

Uttarakhand HC Declares “Entire Animal Kingdom” As Legal Entity, With Rights, Duties & Liabilities Of A Living Person [Read Judgment]

Apoorva Mandhani

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