High court summons Haryana additional chief secretary over SPCAs’ functioning

The order was passed by the HC bench of justice Vinod S Bhardwaj while taking up a plea from a society, Mowgli Aid Animal Welfare Society, alleging failure of authorities to allocate/provide adequate land and other facilities to Society for Prevention of Animals (SPCAs) for the purpose of constructing infirmaries and animal shelters in district as required according to the provisions of Prevention of Cruelty to Animals (Establishment and Regulation of Societies for Prevention of Cruelty to Animals) Rules, 2001.

The Punjab and Haryana high court (HC) has summoned additional chief secretary, animal husbandry, Haryana, and sought reply on why contempt of court proceedings should not be initiated against him.

The bench further observed that despite directions having been repeatedly issued by the Supreme Court, no appropriate steps have been initiated. (HT File)

The order was passed by the HC bench of justice Vinod S Bhardwaj while taking up a plea from a society, Mowgli Aid Animal Welfare Society, alleging failure of authorities to allocate/provide adequate land and other facilities to Society for Prevention of Animals (SPCAs) for the purpose of constructing infirmaries and animal shelters in district as required according to the provisions of Prevention of Cruelty to Animals (Establishment and Regulation of Societies for Prevention of Cruelty to Animals) Rules, 2001.

“The present set of petitions raise the issue of blatant disregard to statutory provisions notified under the Prevention of Cruelty to Animals Act, 1960 and the rules framed thereunder,” the HC bench observed taking note of submissions from petitioner’s counsel who had submitted that despite the rules having been notified in the year 2001, for welfare of the animals and also to address the issue of safety of the citizens, necessary action has not been taken by the state government. He had also drawn attention of the court to a letter animal welfare board, Government of India, in which various directions have been issued by the apex court for implementation of these 2001 rules and other measures for animal welfare including setting up of SPCAs in every district.

The bench further observed that despite directions having been repeatedly issued by the Supreme Court, no appropriate steps have been initiated. It also came to fore that government even failed to file a status report even as it was directed for the same in March 2022. It further stated that no tangible explanation has been put forth explaining inaction on the part of the state in implementing the provisions 2001 rules and orders passed by the Supreme Court.

“It has taken more than two decades and a prolonged wait by the petitioner society to approach this court for seeking implementation of the statutory provisions,” the bench observed seeking presence of the additional chief secretary, department of animal husbandry on November 17. It also ordered that copy of the order be also sent to the chief secretary, Haryana, for necessary compliance.

As per the petitioner’s counsel, Anurag Chopra, in some cases, SPCAs were set up but they are not undertaking works for which it was mandated. The petitioner society runs animal ambulance services, dog sterilisation and vaccination programmes, treatment camps, and disaster rescue missions for animals in the tricity.