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Blacklist Char Dham operators who are cruel to animals, says Uttarakhand HC
The court gave these directions after hearing two public interest litigations filed by animal rights activist Gauri Maulekhi and social activist Ajay Gautam.
The Uttarakhand government must frame a policy to strictly regulate pony and mule operators on the Char Dham pilgrim trails to ensure better safety, implement a stampede prevention mechanism and prevent cruelty to the animals, the high court has directed.
“We are of the view that mere fining of the handlers, or filing cases against them for inflicting cruelty to the animals, is not sufficient to rein in and discipline the erring handlers/ owners of Equines,” the court said on Friday.
“The only effective way, in which cruelty to the equines can be curbed is by blacklisting such handlers/ owners, who are found to be subjecting their Equines to cruelty and maltreatment.”
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“We, therefore, direct the State to formulate a scheme/ rules in this regard, and to implement the same strictly as, it is only the fear of being debarred from carrying on their business, that will drive the erring handlers/ owners of Equines, to fall in line,” the court added.
A division bench comprising Chief Justice Vipin Sanghi and justice Rakesh Thapliyal gave these directions after hearing two public interest litigations filed by animal rights activist Gauri Maulekhi and social activist Ajay Gautam on Thursday. The copy of the order was made available late on Friday.
Both the litigations highlighted the pathetic condition of the ponies and mules operating on the Char Dham routes, the cruelty being meted out to them by handlers, and the large number of unregistered operators. The court sought their suggestions and issued a slew of directions. The situation is much improved compared with last year’s pilgrim season, BVRC Purushottam, animal husbandry secretary, told the court. This year in the first 95 days of the pilgrimage till July 28, 114 equines died on the Kedarnath route, while last year the figure for the same period was 214.
“Though the number of deaths... may have declined… same still appears to be significant,” the court observed. “We, therefore, direct the State to collect and collate the data, with regard to Equines deaths on the pilgrimage routes …and to analyse the reasons for such deaths.”
An affidavit submitted by the state government said the Uttarakhand Animal Welfare Board has recommended a maximum carrying capacity for Kedarnath at 3,800 equines. Purushottam apprised the court that considering the heavy influx (1,171,747 pilgrims visited Kedarnath in the first 98 days of the Char Yatra this year, compared to 985,763 pilgrims in 2022), over 5,000 equines have been permitted.
After Maulekhi pointed out that the actual numbers are far in excess of 5,000, as a large number of unregistered handlers are also deploying their animals illegally, the court ordered the state government to ensure only registered equines and handlers are allowed on the pilgrim routes.
The district magistrate of Rudraprayag, where Kedarnath is located, and the other concerned district magistrates must ensure that equines are not deployed on the trails leading to Kedarnath, Yamunotri and Hemkund Sahib between sunset and sunrise so that they are rested before they bear pilgrims and goods again the next day.
On the plea of petitioners that the load carrying capacity of small, medium and large equines should be determined and enforced on the trails, Purushottam agreed and told the court that it will be put into action without any delay.
The petitioners also suggested that the equines should be made to ply only for one trip in a day, which was agreed upon by the state government
The court stated that equines, according to petitioners, should be unsaddled each day, and their physical fitness should be checked after unsaddling to ensure whether they have suffered any wounds. “This exercise should be conducted in respect of the equines deployed on all the pilgrimage routes,” the court said.
On Maulekhi’s suggestion that the equines should be put to an endurance test once in a season to check for cardiac malfunction, the court said, “State should have a system of screening the Equines… by competent veterinary doctors and veterinarians, and if the experts feel –any particular Equine, or Equines, should be subjected to such Endurance Test… before the Equine is permitted to be deployed on the pilgrimage routes.”
After Maulekhi pointed out that the insurance scheme in respect of equines is being exploited by handlers as equines, which suffer injury, or become disabled, or are malnourished, are subjected to further cruelty to ensure that they die, and their insurance claims mature, the court directed the state government to look into the policy, wit regard to grant of insurance to exclude “the possibility of claims, which arise from deaths of Equines caused due to excessive deployment, ill-treatment, malnutrition and neglect of Equines”.
On Maulekhi’s suggestion the state should implement a stampede prevention mechanism at regular intervals on the pilgrimage routes, the bench said that it “is absolutely necessary, and should be implemented along the pilgrimage routes, to prevent any accident involving large number of people. We, therefore, direct the State to examine the said aspect, and come up with a solution before the next date.”
The court will again hear the matter on September 20.
