Court gives custody of 4 horses used in illegal racing to PETA

A Mumbai court granted PETA interim custody of four horses involved in illegal racing, citing cruelty and prior violations by the owners.

MUMBAI:

Court gives custody of 4 horses used in illegal racing to PETA

MUMBAI: A metropolitan magistrate court in Andheri recently granted the interim custody of four horses, which were used in an illegal racing event on the Western Express Highway, to the non-profit organisation working for the protection of animal rights - People for the Ethical Treatment of the Animals (PETA).

The application was filed by PETA in June this year, seeking custody of the horses, after the Ville Parle police registered an FIR on June 6 against the four horse-owners for their alleged involvement in illegal horse-cart racing.

The case was registered after the organisation wrote a complaint to the Mumbai Police and Animal Welfare Board, among others, highlighting a video which showed two individuals riding a cart, forcing the horses to run faster. In another video, the horses were being whipped repeatedly to force them to run faster, amidst fast moving traffic.

Based on the PETA complaint, the Vile Parle police station registered an FIR on June 6 under sections 188 (causing danger to human life), 279 (rash driving), 289 (negligent conduct with respect to animal), 336 (act endangering life) and 34 (acts done by several persons in furtherance of common intention) of the Indian Penal Code (IPC) and the Prevention of Cruelty to Animals Act, 1960.

PETA subsequently filed an application on June 11 before the court requesting it to transfer the four horses to an organisation called Animal Rahat, recognised by the Animal Welfare Board of India, so that the horses could receive proper care, treatment, and freedom of movement.

PETA contended that the accused have been involved in illegal horse racing in the past as well, submitting that they have behaved atrociously towards the animals and have not cared for them which takes away their ownership rights. They also requested the court to order the accused to pay compensation of ₹12,000 per horse, which could sufficiently cover their treatment and maintenance costs.

“After the FIR was registered, we immediately petitioned the court seeking the custody of the abused horses because the cruelty meted out to them was horrific,” said PETA India cruelty response legal advisor and associate director, Meet Asher. “The high court had banned the use of horse-drawn carriages in Mumbai and these people have violated the high court order as well.”

The court observed that the horses were already handed over to the Brihanmumbai Municipal Corporation by the investigating officer of the Ville Parle police station. “Considering the guidelines in the cited case laws and health of the four horses, it would be just and proper to grant the custody of the four horses, seized by the Investigating officer in the present crime, to applicant organisation PETA for further custody,” held the court, in an order passed on November 12.

The court, however, did not give any direction as to the compensation money to be given by the accused for the upkeep of the horses, which PETA had requested.

A PETA spokesperson said that as the accused persons have relinquished their ownership of the horses, the animals have been sent to the animal welfare organisation, Animal Rahat, which is an independent body that works with PETA.