Animal Cruelty: Gujarat High Court Seeks Status Of Proposed State Amendment Banning Glue Traps To Catch Rodents

The Gujarat High Court on Monday (March 16) directed the Home Department's Principal Secretary to file a personal affidavit over the status of proposed State Amendment to the Prevention of Cruelty to Animals Act prohibiting the sale, manufacture and use of glue trap method to catch rodents. 

The court was hearing a PIL seeking to prohibit the usage of glue trap method to catch rodents which causes unnecessary pain and sufferings to the animals.

On Friday the high court had granted time to the  Assistant Government Pleader appearing for the State to complete her instructions on the compliance of the orders dated 01.08.2025 and 12.09.2025 over status of proposed amendment to the law to ban sale and manufacture of glue traps in the State. The petitioner's counsel had said that the state assembly is present in session. 

For context the high court had in its 01-08-2025 order noted that the affidavit of the Principal Secretary, Home Department which had stated that in a joint departmental meeting of the Agriculture, Farmers Welfare and Cooperation Department, Industries and Mines Department and Home Department it was decided that as Prevention of Cruelty to Animals Act being a Central Legislation, in order to prohibit the manufacturing, using and selling of glue traps for capturing rodents and other small animals, a State amendment would be required.

The court in its order noted that a proposed State Amendment dated 16.07.2025 had thus been forwarded by the Agriculture, Farmers Welfare and Cooperation Department to the Industries and Mines Department wherein while prohibiting manufacture, sale and use of glue traps, punishment under Section 325 BNS has also been proposed.

The AGP had then submitted that as per instructions, the proposal has now been forwarded to the Home Department after evaluation by the Industries and Mines Department; it was submitted that it would be further forwarded to the Legislative and Parliamentary Affairs Department for taking appropriate action to bring the amendments, in its application to the State. 

The court had thus posted the matter to 12.09.2025 for the State to bring on record the progress made by way of an affidavit of a gazetted officer. Thereafter, the court in its 12-09-2025 had further granted time to the State for compliance of its 01.08.2025 order. 

Today, the AGP informed a division bench of Chief Justice Sunita Agarwal and Justice DN Ray that the proposal is pending before the State government. 

While dictating its order the court said:

"This petition raises a serious issue with regard to manufacturing, sale and usage of catching flying insects, rodents in the State of Gujarat. It is brought on record that in view of letter dated 16-11-2020 of Animal Welfare Board of India wherein request was made to stop the use of glue trap method being in violation of the Section 11 of Prevention of Cruelty to Animals Act, a circular dated 5-9-2022 and revised circular dated 21-8-2024 have been issued. However upon perusal of circulars we have noted in our order dated 20-6-2025 that the said circulars do not speak of any ban or prohibition imposed by Department of Animal Husbandry at its own level. We have also noted that adequate steps have not been taken by the Gujarat State Animal Welfare Board, Gandhinagar after its constitution by the Government resolution dated 30.11.20213 and that issuance of the circular dated 21.08.2024 is not in the spirit of Section 11 of the “PCA Act' 1960". 

On the constitution of the District level society constituted to implement the Act at the grass-root was also addressed in its earlier order wherein the court had noted that statement in affidavit of animal husbandry department that in all districts of the State the prohibition on sale and manufacture of glue board has been strictly implemented, was found to be "bereft of any material". 

The court had then asked the State to inform about the constitution of the district level society as well as about the ban, if any, imposed by the Department of Animal Husbandry via a notification/circular.

The court thereafter referring to submissions of the State noted in its August 1, 2025 order over the proposed amendment. The court was informed that no affidavit was filed post the August 1, 2025 order so far. It further said:

"On a pointed query made by the court as to the status of proposed amendment in the joint departmental meeting dated 27-6-2025, no plausible answer could be given. As no response has been received from State respondents in compliance of order dated 01-08-2025, we direct that matter be brought to notice of learned Advocate General of the State who shall appear in the matter to bring response of State respondents on record. We direct principal secretary, Home department to file personal affidavit to bring on record progress in the matter. To get the response of principal secretary home department, in view of urgency in the matter for the assembly being in session, we post the matter on 18-03-2026". 

After the bench was informed that the state assembly is in session till March 25, the court listed the matter on March 18. 

Case title: NARENDRASINH CHHTRASINH RANA v/s UNION OF INDIA & ORS.

R/WPPIL/28/2024