Delhi HC Directs Animal Welfare Board Of India To Undertake Survey For Reporting Status Of Animals Held By Circuses Without Renewed Registration

The Delhi High Court on Wednesday directed the Animal Welfare Board of India (AWBI) to undertake a survey of the circuses across all the States whose registration is not renewed and to report the status with respect to animals held by each one of them.

Justice Vipin Sanghi and Justice Jasmeet Singh was dealing with a plea filed by People for the Ethical Treatment of Animals (PETA) regarding the status of animals of circuses that have closed down. The plea sought direction to the Union of India, AWBI, Central Zoo Authority and registered circuses to ensure immediate prohibition on training and exhibition of performing animals in circuses and mobile entertainment facilities.

Perusing the affidavit filed by the AWBI, the Court noted that the fact that the circuses by their very nature are nomadic and move from place to place, was given as a ground for not knowing as to where the said circuses were presently located. The Court also noted that the same was also given as a reason for not knowing status of animals held by such circuses.

"We cannot accept the said position. AWBI has all the available record for the circuses. It is for the Board to get in touch with all circuses and enquire about the location and well being of animals held by them. It is for the Board to conduct inspections and survey," the Court said.

The Bench was also of the view that merely writing letters to the Director General of several states informing them about the names of circuses who had de-registered and were not entitled to circuses was "wholly insufficient and nothing more than a paper exercise."

"We direct the AWBI to undertake a survey of all circuses whose registration is not renewed and to report the status with respect to animals held by each one of them," the Court directed.

The Court said that the exercise should be completed within a period of eight weeks.

In order to enable the board to complete the survey, the Court requested the State Legal Services Authorities (SLSA) of the States wherein such circuses are located to provide assistance in the manner of conduct of survey through para legal volunteers. The Bench added that the remuneration shall be paid to the volunteers required for the said purpose which will be determined by AWBI.

"It shall be the objective of AWBI to take up the issue at local police station and district magistrates wherever it comes to their knowledge that any licensed circuses or other person or organization is holding an animal unauthorisedly so that the animal could be seized and taken in care and custody of other local or nearest zoo or in coordination with petitioner at appropriate place," the Court added.

At the outset, the petitioner's counsel Dr Aman Hingorani, apprised the Court that it was willing to offer its assistance in the matter of conduct of inspection and survery. Accordingly the Court directed that AWBI shall involve PETA in the said exercise so that their representative can also remain present in the survey and inspection.

The Court also noted that another aspect pointed out by AWBI in it's affidavit was with respect to the draft rules called the Performing Animals (Registration) Amendment Rules, 2018, originally circulated in November 2018 which were not notified by the Government of India yet.

During the course of hearing today, Anurag Ahluwalia and Rajesh Gogne appearing for the Centre apprised the Court that the consultation proceed had been undertaken and views of the stakeholders have been invited.

"We request the Union of India to also consider notifying the Rules if finalised without any delay, since the absence of regulations in relation to performing animals is severely impacting their protection, well being and rehabilitation," the Court said while directing the Central Government to file an affidavit on the said aspect within four weeks.

The Court had earlier directed AWBI to file an affidavit disclosing the status with regard to the animals that all the circuses had as per its records, particularly in respect of the circuses which are closed down.

"Disclose Status Of Animals Of Circuses Which Have Closed Down": Delhi HC Seeks Animal Welfare Board Of India's Response On PETA's Plea

Furthermore, the Court also said that the affidavit must also indicate the fate of the animals in those circuses.

The plea also separately challenged the validity of Section 21-27 of the Prevention of Cruelty to Animals Act to the extent that they permit exhibition and training of animals for circuses.

Earlier, the High Court allowed People for the Ethical Treatment of Animals (PETA) and Federation of Indian Animal Protection Organisations (FIAPO) to participate in the survey conducted by the Animal Welfare Board of India (AWBI) to identify the condition of animals who are kept in circuses.

Title: PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, (PETA) INDIA v. UNION OF INDIA, THROUGH ITS SECRETARY, MINISTRY OF ENVIRONMENT, FORESTS AND CLIMATE CHANGE, GOVERNMENT OF INDIA & ORS