Smt. Zarina Nikhat Islam v. The Union Of India & Others

1. None appears on behalf of the respondent No. 11 inspite of service of copy of this writ application upon the above respondent. No accommodation is prayed for when this matter is called on. The petitioner is directed to file affidavit of service before this Court in course of this day which will be kept on record.

2. This is an application filed under Article 226 of the Constitution of India by the petitioner in the form of a public interest litigation.

3. The petitioner is a Life Member of a registered Society run under the name and style “People for Animals”. According to the petitioner the function of Society is to look after the prevention of cruelty against animals.

4. According to the petitioner the Prevention of Cruelty to Animals (Establishment and Regulation of Societies for Prevention of Cruelty to Animals) Rules, 2001 (hereinafter referred to as the said Rules) was framed by virtue of notification No. S.O.271(E) dated March 26, 2001. According to the petitioner no Society for the district of Andaman and Nicobar Island has been formed under the provisions of Rule 3 of the said Rules.

5. It is also the grievance of the petitioner that there was existence of Society known as “Society for Prevention of Cruelty to Animals for the district of South Andaman” which had been framed in the year 1993. It was reconstituted in the year 2015 which was not formed in accordance with the said Rules. Therefore, a prayer is made in the writ application for formation of a Society in accordance with the above notification dated March 26, 2001 forthwith.

6. It is submitted by Mr. S.K Mandal, learned Government Pleader and Mr. M. Tabraiz, learned Advocate appearing on behalf of the official respondents that steps are being taken for formation of Societies for all districts of Andaman and Nicobar Island within very short period.

7. We have heard the learned Counsel appearing for the respective parties and we have given our anxious consideration to the facts and circumstances of this case.

8. Admittedly, the issue of prevention of cruelty to animals cannot be ignored in view of promulgation of The Prevention of Cruelty to Animals Act came into force in 1960. The said Rules were framed in the year 2001.

9. For consideration of the formation of Society under the said sub-rule (1) of the said Rule 3 of the said Rules are quoted below:—

“3. Society for Prevention of Cruelty to animals in a district - (1) Every State Government shall by notification in the Official Gazette, establish, as soon as may be and in any event within six months from the date of commencement of these rules, a society for every district in the State to be the SPCA in that district.

Provided that any society for Prevention of Cruelty to animals functioning in any district on the date of commencement of these rules shall continue to discharge its functions till establishment of the SPCA in that district under these rules.”

10. It is not in dispute that no Society has yet been framed in respect of any of the districts of the Andaman and Nicobar Island in compliance of the aforesaid provision. The Society for Prevention of Cruelty to Animals, South Andaman district had been framed in the year 1993 but it cannot function under the provisions of the said Rules framed under the provisions of Cruelty to Animals Act, 1960.

11. In view of the above, we direct the respondent No. 3 to form Societies for all the districts of Andaman and Nicobar Islands in accordance with the provisions of the sub-rule (1) of Rule 3 of the said Rules within March 31, 2017.

12. Till the Societies are formed in accordance with the aforesaid direction within the time frame hereinabove, the respondent No. 10 is directed to discharge the functions relating to the Prevention of Cruelty to Animals in the Andaman and Nicobar Islands as also to submit monthly reports to the respondent No. 2.

13. This writ application is thus disposed of. There will be, however, no order as to costs.

14. Let photostat plain copy of this order duly countersigned by the Assistant Registrar (Court) be served to Mr. Tabraiz for onward transmission to the respondent No. 3 and the respondent No. 3 is directed to act upon such communication forthwith.

15. Urgent photostat copy of this judgement, if applied for, be furnished to the parties upon compliance of formalities.