We Don’t Want Extra Constitutional Bodies To Be Involved In Everything: Supreme Court Tells PETA In Plea On Dog Breeding In Tamil Nadu
|The Supreme Court of India today directed the Animal Welfare Board of India (AWBI) to conduct a fresh inspection of the dog breeding units run by the Department of Animal Husbandry of the State of Tamil Nadu, while declining a request made by the People for the Ethical Treatment of Animals (PETA) to be part of the inspection process.
A Bench comprising Justice B.R. Gavai and Justice Augustine George Masih was hearing an SLP filed by the State of Tamil Nadu concerning the continued operation of the dog breeding unit.
To PETA's request during the hearing, Justice Gavai remarked, “We don’t want this extra statutory… extra constitutional bodies to be involved in everything.”
Senior Advocate Shadan Farasat, appearing for PETA, had submitted that the organisation be permitted to be present during the inspection. However, the Court declined the request, reiterating its disinclination to involve non-statutory bodies in every aspect of such proceedings.
Senior Advocate Manisha Karia, representing the AWBI, submitted that the matter could be resolved effectively through a fresh inspection by the AWBI itself. She said, “I have a suggestion for this. This is a government body. State of Tamil Nadu has framed a policy in 2024, which they have not disclosed in their affidavit whether they have complied with or not. So, either AWBI inspect it afresh or they file an affidavit with entire details whether they are compliant of rules framed by their own state and with central rules as well. That will serve the purpose… because they are breeding the four local breeds, which are very important breeds…the Army are taking it… We do not want that to be shut down. It's a loss to the country then. Their affidavit says that they have given funds to develop that unit…so let us see what they have done…”
Senior Advocate V Giri, appearing for the State of Tamil Nadu, submitted that the State would not oppose a fresh inspection, but said, “I am saying let there be an independent body.”
However, the Court questioned the State on its apparent reluctance to involve the central authority-AWBI.,
Giri responded, “They had taken a harsh view against us…”
Ultimately, the Court noted the consensus among the parties and passed an order- “The parties agree that it will be appropriate that a fresh inspection of the dog breeding unit run by the Department of Animal Husbandry of Tamil Nadu is conducted. We direct the Animal Welfare Board of India to conduct a fresh inspection of both the units and submit a report within 12 weeks.”
Pertinently, on February 13, 2017, the Supreme Court had stayed the impugned Judgment of the Madras High Court, which had directed the closure of the dog breeding unit.
On the State's SLP, the Apex Court had stayed the portion of the order which read: “In view of the order dated 04.08.2014, the Dog Breeding Unit run by the Animal Husbandry Department of the Tamil Nadu State Government is required to be closed down within two (2) months from today. The Dogs in the unit would be rehabilitated with the assistance of the Animal Welfare Board of India.”
Cause Title: State Of Tamil Nadu & Anr. V. People For Ethical Treatment Of Animals (PETA) India & Anr. (SLP (C) No. 3822/2017)