Bombay HC relief for Malad animal welfare society as derecognition order set aside

The Bombay high court (HC) on Tuesday set aside a December 2020 order by the Animal Welfare Board of India which suspended and derecognised the Universal Animal Welfare Society at Malad on the grounds that cruel activities were being carried out at the centre run by the society

The Bombay high court (HC) on Tuesday set aside a December 2020 order by the Animal Welfare Board of India which suspended and derecognised the Universal Animal Welfare Society at Malad on the grounds that cruel activities were being carried out at the centre run by the society. The centre undertakes welfare activities such as animal birth control (ABC) programmes. The HC, while setting aside the suspension held, that before taking such drastic action, society should be given enough opportunity to be heard.

Bombay high court

A division bench of justice AA Sayed and justice Madhav Jamdar, while hearing a petition filed by the advocates Eknath Dhokale and Ahmad Abidi on behalf of Universal Animal Welfare Society, an NGO, was informed that on December 14, 2020, the Animal Welfare Board of India had issued a notice suspending the recognition of the society. The bench was informed that apart from the suspension, the society was also ordered to close down its ABC programmes at the Malad centre on the grounds that cruel animal welfare activities were found to be carried out at the centre. The advocates submitted that as the society was not allowed to give any clarification, its rights were violated, hence the suspension order should be set aside.

Advocate RP Ojha for the Union of India and the Animal Welfare Board submitted that the notice was issued based on an inspection after the board received certain complaints about suffering and pain to stray dogs due to the non-availability of proper feed. The inspection committee found that the society was running the ABC/AR programme, SOP and ABC (Dogs) Rules, 2001, without adhering to the norms stipulated by the animal welfare board.

After hearing the submissions, the bench observed that the inspection report of December 11, 2020, completely lacked particulars and said, “Before taking such drastic action of suspension of recognition granted to the petitioner for conducting Animal Birth Contract Programme and closing down the centre of the Petitioner-Society, the Petitioner-Society ought to have been given an opportunity of being heard.”

In light of these observations, the bench said, “We set aside the impugned order dated 14- 12-2020 (society). If the Animal Welfare Board of India desires to take action against the petitioner, it shall first issue a show-cause notice and share the relevant material with the petitioner.”

The court then directed the society to file a reply on receiving the show cause notice and a decision to be taken thereafter by the board. Thus saying the bench disposed of the petition.