Dhyan Foundation Goushala Granted Transit Permits for Safe Relocation of Cattle to Jharkhand
In a landmark decision aimed at ensuring animal welfare, the Tripura High Court has directed the State of Tripura to issue transit permits to Dhyan Foundation Goushala for the transportation of rescued cattle from Tripura to Jharkhand. This judgment, delivered by Dr. T. Amarnath Goud, J., underscores the importance of humane treatment and protection of animals, adhering to the Prevention of Cruelty to Animals Act, 1960, and the Transport of Animals Rules, 1978.
Dhyan Foundation, an NGO dedicated to the rescue and rehabilitation of animals, sought the court's intervention after their applications for transit permits went unaddressed following the expiration of a Memorandum of Understanding (MoU) with the state. The foundation has been actively involved in rescuing cattle from illegal slaughterhouses and traffickers, providing them with care and shelter across India.
The court observed that the expiration of the MoU does not prevent the state from granting permission for the relocation of cattle. It emphasized that the welfare of animals, protection from smuggling, and humane conditions during transportation must be prioritized. The judgment cited the Supreme Court's stance on welfare legislation, notably in the case of Animal Welfare Board of India v. A. Nagaraja, where the protection of animal rights was deemed paramount.
The petitioner argued that approximately 1,953 cattle in Tripura faced challenging conditions, including fodder shortages and threats of smuggling. Dhyan Foundation assured compliance with legal provisions for animal transportation, highlighting the economical and efficient care provided at their facilities.
On the other hand, the State of Tripura contended that without renewing the MoU, the petitioner had no grounds for obtaining transit permits. The state claimed adequate fodder provision and care for the cattle. Despite these arguments, the court found no legal basis for denying the permits, especially given the foundation's history of voluntary and gratuitous care for the cattle.
The court directed the state to cooperate with Dhyan Foundation during the transportation process, ensuring no violation of animal welfare laws. The decision reflects the court's commitment to upholding the rights of animals and facilitating their safe passage across state borders.
This judgment sets a precedent for future cases concerning animal welfare and reinforces the legal framework protecting animals from cruelty and neglect.
Bottom Line:
Welfare of animals - Ensuring protection and care of rescued cattle by granting transit permits for transportation from Tripura to Jharkhand, adhering to Prevention of Cruelty to Animals Act, 1960, and Transport of Animals Rules, 1978.
Statutory provision(s): Prevention of Cruelty to Animals Act, 1960 Sections 2, 11; Transport of Animals Rules, 1978; Prevention of Cruelty to Animals (Care and Maintenance of Case Property Animals) Rules, 2017 Sub-rule 9.
Dhyan Foundation Goushala v. State of Tripura, (Tripura) : Law Finder Doc id # 2872925
