The Supreme Court on Tuesday issued notice to the Union government and other respondents on a petition challenging the legality of a rule governing the custody of animals during the pendency of litigation. A bench of Justices Vikram Nath and Sandeep Mehta agreed to examine the issue and tagged the matter with another petition raising similar concerns.
The petition questions the validity of Rule 3 of the Prevention of Cruelty to Animals (Care and Maintenance of Case Property Animals) Rules, 2017. The plea contends that the provision exceeds the scope of the Prevention of Cruelty to Animals Act, 1960 and is inconsistent with Section 29 of the statute.
Section 29 of the 1960 Act deals with the powers of a court to deprive a person convicted of an offence under the law of ownership of animals. According to the petitioner, the rule permits actions affecting ownership of animals even before a conviction is recorded.
The plea seeks a declaration that Rule 3 is ultra vires the parent legislation and therefore unconstitutional. It argues that the rule allows authorities to confiscate, transfer, or permanently deprive individuals of ownership of livestock prior to conviction in criminal proceedings.
The petitioner has also challenged the rule on constitutional grounds. It claims that such pre-conviction measures violate Article 14, which guarantees equality before the law, and Article 300A, which provides that a person cannot be deprived of property except by authority of law.
Taking note of the submissions, the bench issued notice to the Centre and other parties and directed that the matter be heard along with a similar petition already pending before the court. The case will now proceed after responses are filed by the concerned authorities.
