Delhi High Court Orders Routine Inspections To Assess Animal Welfare In Preparation Of Anti-Venom And Anti-Rabies Serums

The Delhi High Court has directed the Committee for the Purpose of Control and Supervision of Experiments on Animals and other government bodies to continue conducting routine inspections to assess the welfare and well-being of animals in preparation of anti-venom and anti-rabies serums.

CPCSEA is a statutory body formed under the Prevention of Cruelty to Animals Act, 1960. Anti-toxins and anti-venoms products are made from the sera extracted from blood of animals which are previously immunized against specific toxins or venoms. The process necessitates bleeding of animals to extract blood serum.

A division bench comprising of Chief Justice Satish Chandra Sharma and Justice Sanjeev Narula also directed the authorities to initiate action against defaulting establishments under extant laws and regulations.

The court disposed of a public interest litigation People for the Ethical Treatment of Animals (PETA) raising grave concerns regarding the treatment of equines namely, horses, mules, donkeys etc in the commercial production of antibody products.

The organization prayed that non-animal-based methods be adopted for production of antibody products and rigorous inspections of current equine facilities be done to ensure that they align with prevailing laws and regulations.

The bench directed the CPCSEA to consider the recommendations or suggestions made by PETA wherever feasible, observing that they can prompt further introspection and corrective action as may be deemed necessary.

“….the adoption of the latest scientific methodologies for antibody production be encouraged wherever feasible. The CPCSEA is hereby directed to consider the proposals put forth by the Petitioner in this petition, effectuating them where deemed appropriate,” the court said.

It added, “Given our non-expertise in this niche, our observation remains broad-stroked. Yet, we must emphasize that the responsibility clearly rests on supervisory bodies to not just delve into these contemporary methodologies but to earnestly integrate them, thereby diminishing reliance on equines.”

The court said that while the status report filed by CPCSEA showed that the steps were made in right direction, it added that there is discernible room for amplification and enhancement.

The bench further observed that the historical data must be supplemented with fresh, comprehensive inspections to aptly gauge the current scenario and bridge the gap between past allegations and current realities.

“CPCSEA has the mandate to ensure that the well-being of the animals involved in the process of preparation of the products, is taken care of, without impeding the production of such life-saving products. However, we can also not be oblivious the dawn of cutting-edge, non-animal- centric techniques for antibody generation. Such advancements suggest a trajectory that these establishments might, and arguably should, consider in the right earnest,” the court said.

Title: PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS (PETA) INDIA v. THE UNION OF INDIA & ORS

Citation: 2023 LiveLaw (Del) 741

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