The court said it has to be seen that laws relating to animal protection and prevention of cruelty are firmly implemented and a nation whose roots are strongly embedded in the principles of ‘Ahimsa’, does not permit cruelty to animals.
Special Judge Kamini Lau said the courts cannot turn a blind eye on animal rights violation and dismissed the revision petition filed by Rajasthan resident Bajrang, whose animals were confiscated and who was fined Rs 1,000 for transporting 76 goats and 23 sheep on a truck in an inhuman manner.
While refusing to release the herd of goats and sheep to Bajrang, who was convicted under the Prevention of Cruelty to Animals Act, the court also said that none of the transport of animals rules were followed by him and he had pleaded guilty before the trial court.
“Day in and day out we see truck loads of hapless animals writhing in pain, piled one upon the other heading towards abattoirs with the younger and weaker being suffocated to death in full public view with shocked passer-byes as helpless and unable to do anything to ameliorate the sufferings of these animals despite all laws being in place,” the court observed.
It court said that the vehicle which transported the animals was not having any permit to do so.
The special judge refused to release the animals as he failed to prove that animals, if released to him, shall not be exposed to further cruelty.
The court said that according to law, a valid health certificate issued by a qualified veterinary surgeon to the effect that the sheep and goats are in a fit condition to be transported and are not suffering from infectious or contagious or parasitic disease was required, but the convict was not able to produce the same.
The judge also said that when ewes, goats or lambs below six weeks of age, are transported, separate panels shall be provided but the same was absent in the vehicle.
The special judge further noted that it was imperative for the courts to take note of the various provisions of laws to punish the offenders against such violence.
“A nation, whose roots are strongly embedded in the principles of ‘Ahimsa’, does not permit any kind of cruelty to be inflicted upon hapless animals and the courts of law cannot turn a blind eye on the enormous violations right under the nose of the state authorities who are duty bound to implement the laws relating to prevention of animals from being put to cruelty,” the court said.
A trial court had on January 4 convicted Bajrang for transporting 99 animals in one truck. The animals were found to be kept in a painful condition in a cramped manner in the truck which was not meant to be used for transporting animals.
The trial court had convicted him and confiscated his animals.
He approached the sessions court after his revision petition was dismissed by the trial court.