Tripura High Court Orders Strict Adherence to PCA Act, Ensures Protection Against Animal Cruelty
Pranav B Prem
In a significant ruling, the Tripura High Court emphasized the need for strict adherence to the provisions of the Prevention of Cruelty to Animals (PCA) Act, 1960, along with the associated rules and guidelines. The division bench, comprising Chief Justice Aparesh Kumar Singh and Justice Biswajit Palit, directed the State authorities to ensure that the guidelines issued under the PCA Act are rigorously followed and re-circulated among field officers to prevent future violations.
Facts of the Case
The court was hearing a Public Interest Litigation (PIL) filed by Paramita Sen, a legal practitioner and animal rights activist associated with the NGO “Society for Welfare of Animal and Nature (SWAN).” The petitioner highlighted an incident from July 25, 2024, where a vehicle transporting cattle—including cows, calves, and bulls—was intercepted at Kamrangabari, Kailashahar, Unakoti District. The cattle were allegedly transported in a cruel and illegal manner, violating the PCA Act, 1960, Transport of Animals Rules, 1978, Prevention of Cruelty to Animals (Care and Maintenance of Case Property Animals) Rules, 2017, and the Motor Vehicles Act, 1988.
Despite a written complaint being lodged at the Kailashahar Police Station, it was alleged that the seized cattle and vehicle were released without following the prescribed procedures. The petitioner further contended that local activists were being pressured to withdraw the complaint.
Court’s Observations
The State authorities, represented by the Advocate General, submitted that action had been taken against the negligent police inspector, who was issued a "final warning" by the Superintendent of Police, Unakoti District. The authorities assured the court of their commitment to ensuring compliance with the PCA Act and related rules in the future.
The petitioner acknowledged the corrective steps taken in this particular case but sought directions to prevent similar instances of non-compliance in the future. The court observed: "We are of the considered view that the Act of 1960, the Rules framed thereunder, and the guidelines issued from time to time by the statutory authorities do need to be observed scrupulously at all levels by the concerned authorities." The bench further directed the respondent authorities to circulate the guidelines among field officers to ensure strict compliance and prevent repeated violations at the ground level.
Verdict
The High Court disposed of the petition with directions to the State authorities to uphold the provisions of the PCA Act and ensure its implementation in both letter and spirit. The court stressed the importance of preventing animal cruelty and ensuring that officers at all levels are adequately informed about their responsibilities under the law.
Cause Title: Ms. Paramita Sen v. The State of Tripura & Ors.
Case No: WP(C) (PIL) No. 5 of 2024
Date: December-19-2024
Bench: Chief Justice Aparesh Kumar Singh, Justice Biswajit Palit
[Read/Download order]
