Mumbai: Observing that it is a common sight on roads, Bombay high court on Saturday slammed the state govt over the manner in which livestock is transported.
“What action are you taking? Were you able to check the manner in which they are being transported? See the photographs. Why can’t you take action?” Chief Justice Devendra Kumar Upadhyaya and Justice Amit Borkar asked, referring to photographs submitted by advocate Siddh Vidya for petitioner Viniyog Parivar Trust, “which depict the cruel manner in which livestock is being transported.”
The trust’s PIL alleged complete non-compliance with Rule 125E (special requirements of motor vehicles transporting livestock) of Motor Vehicle Rules, 1989.
The judges referred to high court’s Aug 6, 2019, order that not only expressed concerns about the manner of transportation of livestock but also pointed out legislative measures available for the transportation of animals with proper care, such as Prevention of Cruelty to Animals Act and rules for the transport of animals on foot. They noted that high court had then also made certain observations emphasising the requirement of maintaining continuous vigil and taking actions permissible in law.
Also, it had specifically taken note of the Transport of Animals Rules, which enable the authorities to take stringent action and prevent violation or breach of the Act or the rules.
The judges questioned the state’s advocate, A R Patil, if he could point out even a single vehicle transporting livestock that is in conformity with the requirement under Rule 125E.
“Why did you [state] make these laws? Why did you bring these laws on the statute book? Just to be printed by some publisher, kept in the libraries of the lawyers and honourable judges. For that purpose only?” the Chief Justice asked.
Patil said action is being taken and FIRs are filed, but the accused get bail. “We have at least six sets of acts and rules. But what are you doing?” the Chief Justice asked. When Patil repeated that action was taken, the Chief Justice retorted, “You don’t take any action. Sorry. These are not your priorities. It is a common sight on the road. May not be in this Fort area.”
The judges directed that the additional chief secretary/principal secretary of Transport Department depute a higher rank officer to file an affidavit stating “therein the steps which are being taken to prevent such cruelty being rampant on the animals.” Also, the affidavit “will be personally vetted” by either of them.
