NEW DELHI: The Delhi High Court has pulled up Animal Welfare Board of India (AWBI) for merely undertaking correspondences from registered circuses and instead of conducting physical surveys for knowing exact conditions of animals kept in the circuses amid pandemic.
A Division Bench of Justices Vipin Sanghi and Rajnish Bhatnagar slammed AWBI for merely undertaking correspondence.
"In our last order, we required the Board to conduct a survey and not merely undertake correspondence. Unless and until the survey is conducted and report submitted by the surveyor with regard to the actual condition found on site, along with photographs/ video-recordings of the animals and the surroundings in which they are kept, no useful purpose would be served," the court said.
Earlier the court has asked the respondent to carry out a survey of all the registered circuses and to find out the condition of the animals.
But the court observed that in the affidavit filed by Board, only seven out of the 19 registered circuses have responded claiming that their animals are kept in good condition and they are not willing to surrender their animals.
The affidavit disclosed that communications were issued to the State Animal Husbandry Boards to carry out physical verification, and communications were also sent to the 19 registered circuses to find out about the condition of their animals and whether they would be willing to surrender the same.
The court again asked the Board to conduct surveys in the registered circuses related to animals' health condition, the kind of food and quantity of food that they are being provided on a daily basis and other relevant facts.
The bench directed the respondent Board to ensure that either the respondent Board gets the physical site surveys done itself, or gets the same done through the State Animal Husbandry Boards concerned of all the circuses registered.
The court said that the survey should provide all the relevant and material facts about the condition in which the animals are being kept; their health condition, i.e. whether they are suffering from any ailments; the kind of food and quantity of food that they are being provided on daily basis; and all such other relevant facts.
The survey should involve veterinarians.
The court sought a status report and listed the matter for further hearing on August 29.
The court was hearing a petition filed by the Federation for Indian Animal Protection Organisations (FIAPO) seeking rescue of animals in circuses due to COVID-19 pandemic and challenging Sections 21 to 27 of the Prevention of Cruelty to Animals Act, 1960 to the extent that they permit exhibition and training of animals in/ for/ in relation to circuses acts.
The challenge to these Sections will ensure a ban on the use of animals in circuses.
The petition, which was was filed by advocates Ambuj Agrawal and Asmita Singh and FIAPO, was represented by noted advocate Dayan Krishnan. In the petition, FIAPO has prayed before the High Court to direct Respondents to formulate an appropriate scheme for the rescue, rehabilitation and relocation of all animals rescued from circuses.
FIAPO Executive Director, Varda Mehrotra said, 'Using animals for performing tricks in circuses is abusive and painful for animals. These animals are suppressed from performing their fundamental rights like freedom from fear and distress or freedom from expressing normal patterns of behaviour.
Moreover, in the midst of the pandemic, the situation has become worse. Therefore, the use of animals in circuses needs to end and they must be rescued at the earliest.'
The petitioners pointed out that circuses with animals performing tricks often use wild animals, including elephants, hippos, and exotic birds. Animals are very often used without requisite paperwork certifying their fitness.
Investigations show animals being chained and tied up for several hours each day, made to perform several shows without proper rest, trained using negative reinforcement with instruments like metal rods, wooden sticks, whips and outdated and barbaric tools like hooks and spiked belts.
These observations are clear and indirect violations of animal protection laws, animal rights and welfare. In the Supreme Court Judgment - AWBI vs. A. Nagaraj, the court had previously observed that an animal's life is also included in the expanded meaning of Article 21 of the Constitution of India.
Hence, there is an urgent need to ban animals from circuses initiating their rehabilitation ensuring animals are treated with dignity and compassion.