Delhi HC directs AWBI to conduct survey of all unlicensed circuses in India

Animal Rights Law Insider

Munmun Kaur

Published On: February 10, 2022 at 12:34 IST

Delhi High Court on February 09, directed the Animal Welfare Board of India (AWBI) to undertake within eight weeks a survey of all circuses whose licenses have not been renewed and report the status of the animals in those circuses.

The direction came in the case People for Ethical Treatment of Animals (PETA) v Union of India and Ors.

Earlier, a batch of Petitions was filed in the High Court regarding the status of animals in various circuses across the country after they were closed down, and those that do not have proper permission.

A Division Bench of Justices Vipin Sanghi and Jasmeet Singh hearing the matter observed that mere writing of letters by the Animal Welfare Board of India (AWBI) to the Police authorities of the States to inform them about unregistered circuses was “Wholly insufficient and nothing more than a paper exercise”

The Court said that the volunteers of the State Legal Services Authorities, as well as organizations like the People for Ethical Treatment of Animals (PETA) and the Federation of Indian Animal Protection Animals (FIAPO), will accompany the officials of the AWBI during these surveys.

The High Court further ordered AWBI to take up the issue with the local Police and Magistrate wherever and whenever it comes to their knowledge that any unlicensed circus or any other person or organization is holding an animal unauthorisedly so that the animal could be seized and taken care of in custody of either the local zoo or in coordination with the Petitioners.

Advocate Aman Hingorani appearing for PETA informed the Court that though the draft Performing Animals (Registration) (Amendment) Rules, 2018, which sought to regulate the keeping of animals by circuses as performing animals, were framed more than three years ago, they are yet to be notified.

On the other hand, Counsel appearing for the Central Government submitted that the process of consultation has been undertaken and that views of several stakeholders have also been invited. The High Court directed the Centre to file an affidavit on this aspect.

PETA, as well as FIAPO, moved the High Court in 2020 for the protection of animals in circuses stranded across the country due to the COVID-19 pandemic.

The matter will now be taken up for hearing on July 21.

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