Tripura HC disposes PIL on illegal cattle transport, directs strict compliance with animal welfare laws

Tripura High Court has disposed of a Public Interest Litigation (PIL) filed by an animal rights activist, regarding the illegal transportation of cattle in an inhumane manner.

The Chief Justice of Tripura High Court Aparesh Kumar Singh and Justice Biswajit Palit who delivered the order on December 19, said that the petition filed by one Paramita Sen a legal practitioner of this Court and an animal right activist working in the field of animal welfare activities as a member of the NGO “Society for Welfare of Animal and Nature (SWAN)” has sought to draw attention of this Court to an incidence which occurred on 25 July of 2024 at about 03:00 pm at Kamrangabari, Kailashahar, Unakoti District in respect of a vehicle which was intercepted transporting cattle including cows, claves and bulls illegally in an inhumane manner.

“According to the petitioner, despite information by a local activist, who is also a member of the Society for Prevention of Cruelty to Animals, Unakoti and a written complaint in the Kailashahar Police Station under the provisions of the said Act, the cattle and the vehicle seized were released by the police without following the prescribed procedure under the Act of 1960. This matter was also brought to the notice of the Superintendent of Police, Unakoti with a copy to the District Magistrate, Unakoti to take appropriate steps. 

Petitioner contends that the complainant was also being influenced to withdraw the complaint. Being aggrieved by such violation of law especially in relation to animals, the petitioner had to approach this Court in the present writ petition in nature of a Public Interest Litigation”, the order reads.

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The order said that when the matter was taken up on September 18 learned Government Advocate sought time to seek instruction as regards the compliance of the Act of 1960 and the guidelines framed there under in the matter of release of cattle as alleged to have been apprehended while being transported in poor condition by the petitioner-in-person.

“Learned Government Advocate on instructions submits that adequate action has been taken against the concerned inspector, Sukanta Sen Choudhury after issuance of show-cause notice by imposing a „final warning‟ for such negligent act with a direction not to repeat such act in near future by the Superintendent of Police, Unakoti District. Learned Government Advocate submits that the respondent authorities are obliged to follow the procedure prescribed under the Act, 1960 and the Rules framed there under. 

Respondent authorities have assured that all such precautions would be taken in future to ensure that the letter of the law in this regard is duly complied with”, the order read.

It further said that upon hearing the stand of the respondent, the learned petitioner-in-person submits that so far as the instant case of irregular release of cattle is concerned, since adequate action has been taken by Superintendent of Police, Unakoti, therefore, the petitioner would not like to press the charge further. However, she submits that direction may be issued to the respondent authorities to ensure that in the future strict compliance with the provisions of the Act of 1960 and the Rules framed there under be carried out in matters of seizure and release of such seized animals.  

“We are of the considered view that the Act of 1960, the Rules framed there under and the guidelines issued from time to time by the statutory authorities do need to be observed scrupulously at all levels by the concerned authorities. The concerned respondents would also ensure that such guidelines be once again circulated to the officers in the field so that cases of non-compliance with the provisions of the Act of 1960 and Rules framed there under by the officers at the ground level are not repeated again. Accordingly, the instant petition is disposed of”, it added.