Animals Dying In Miserable Conditions At Unlicensed Pet Shops: Plea Filed In Telangana High Court, Notices Issued

The Humane Society of India has approached the Telangana High Court seeking implementation of statutory rules to curb the working of unregulated pet shops in the State of Telangana.

The Division Bench of Chief Justice Alok Aradhe and Justice N.V. Shravan Kumar has directed the State, Animal Welfare Board, Telangana State Forest Department, Municipal Corporation, and the Commissioner of Police to file a status report in the PIL.

"That the life and liberty of thousands of animals [including several species protected by the Wildlife (Protection) Act, 1972] are at stake as they languish and die in miserable conditions in unlicensed and unregulated pet shops in the State, due to lackadaisical discharge of statutory responsibilities by the Respondents under the Prevention of Cruelty to Animals Act, 1960 [PCA Act] and the allied Rules especially the Prevention of Cruelty to Animals (Pet Shop) Rules, 2018 [*the Rules 2018] Prevention of Cruelty to Animals (Dog Breeding & Marketing) Rules, 2017 [the Rules 2017'] promulgated thereunder, leading to blatant violations of law," the petition read.

HSI has approached the High Court seeking a direction for inspection of all running pet stores to ensure compliance with the Prevention of Cruelty to Animals Act, 1960, the Prevention of Cruelty to Animals (Dog Breeding & Marketing) Rules 2017 and the Prevention of Cruelty to Animals (Pet Shop) Rules, 2018 among various other reliefs.

A reply to the petitioner's RTI application revealed, out of thousands of pet shops and dog breeders that functions in the State, only a scanty 86 pet shops are registered along with 9 dog breeders. Such blatant ignorance of statues could not be tolerated, more so in the wake of the global pandemic being linked to unhygienic animal husbandry, the plea said.

It is contended that the neglect on part of the officials is not only causing unnecessary suffering and pain to domesticated animals but also wild animals from India and abroad.

HSI said the State Animal Welfare Board is turning a blind eye to the illegally run pet stores in the State, despite being adequately aware of the ground realities.

The State Animal Welfare Board constituted under section 35 of the Prevention of Cruelty against Animals Act, has a wide range of powers, such as conducting inspections and sealing non-compliant shops.

"The regulation, inspection and registration of pet shops & dog breeding establishments is mandatory as it ensures that the infrastructure and housing are adequate. It further ensures that the operators/businesses ensure well-being of the animals, through mandatory veterinary care and treatment for safeguarding animals and consequently human health and fortifies the operational requirements given to the animals and cement the maintenance of requisite records as prescribed in these Rules," says the plea.

The PIL petitioner also highlighted that even where stores were registered, an inquiry was not conducted by the State AWB to ascertain whether the pet store was in compliance with the prevailing guidelines.

It was vehemently argued that despite multiple representations by the petitioner, by way of RTI applications in 2022 and 2023, the Animal Welfare Board has been ambiguous about action taken on their part to curb unregulated pet stores.

Petitioner claimed it conducted an independent inspection in 2022, on 44 pet stores and 26 online businesses, and found that pets were being kept in unhygienic environments with no protection from the elements or even ventilation and temperature control.

"It is pertinent to mention that the observed violations were grave in nature and implied health risks for both animals and humans."

Petitioner claims the State AWB gives registration to all those who apply whereas the authorities are mandated under Rule 14 of the Pet Shop Rules to conduct a pre-registration inquiry to ascertain whether pet shop complies with the prevailing rules.

"Due to this, there is no check to ensure suitable infrastructure, adequate care & veterinary treatment to animals in pet shops which leads such animals to experience acute stress, pain, hunger, and thirst, cruelty and suffering. Nor are the standards prescribed in the Dog Breeding & Marketing Rules followed in any of the dog breeding centres across the State."

Another contention pressed in the petition is that despite having multiple branches, only a single branch was registered and, in some cases, no shops existed in the registered location.

The petition prayed for i) inspection of all running pet stores to ensure compliance with the Prevention of Cruelty to Animals Act, 1960, the Prevention of Cruelty to Animals (Dog Breeding & Marketing) Rules 2017 and the Prevention of Cruelty to Animals (Pet Shop) Rules, 2018; ii) reconstitution and speedy operation of TSAWB & iii) constitution of a committee of retired judges to ensure functioning of TSAWB iv) awareness campaigns to clarify process of registration of pet stores.

The matter is posted after 4 weeks

Counsel for petitioner: Senior Advocate Prakash Reddy appearing on behalf of Shreya Paropkari

Case Title: HSI vs State of Telangana & Ors.

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