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The plea before the court sought strict compliance of the Prevention of Cruelty to Animals (Dog Breeding and Marketing) Rules 2017 against all the illegal breeders in Delhi.
The Delhi High Court recently allowed 2 more weeks for the Delhi Advisory Board for Animal Welfare (DABAW) to file a status report on a plea seeking directions to ensure strict compliance with the Prevention of Cruelty to Animals (Dog Breeding and Marketing) Rules 2017 against all the illegal breeders in Delhi.
A bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad was informed by the counsel appearing for DABAW that the status report had been prepared but the same was not on record.
The plea stated that due to the State government's inaction, illegal dog breeding establishments continue with unchecked breeding and cruel exploitation of animals at their puppy mills, which is prima facie in violation of the Prevention of Cruelty to Animals (Dog Breeding and Marketing) Rules 2017, which are framed under the Prevention of Cruelty to Animals Act, 1960.
The plea alleged that despite having complete knowledge, the State Government had repeatedly failed to bring any illegal dog breeder to justice, resulting not only in severely compromised animal welfare but also a revenue loss for the State Government.
The plea stated that the dog breeders are specifically required to obtain a registration from the State Animal Welfare Board following a due inspection process, but not a single dog breeder in Delhi is registered or is complying with the Rules, and their commercial activities continue unregulated, in complete violation of the Prevention of Cruelty to Animals (Dog Breeding and Marketing) Rules, 2017 framed under the Prevention of Cruelty to Animals Act, 1960.
The plea also stated that the Supreme Court in the Animal Welfare Board of India vs A. Nagaraja & Ors (2014) recognized that the interpretation of the right to live with dignity under Article 21 should be extended to the right of animals not to be treated cruelly.
“Under Article 51A(g), it is the fundamental duty of every citizen to have compassion for living creatures. Further, the right to health is recognized as an essential part of the right to life protected by Article 21”, the plea read.
Case Title: Gauri Maulekhi v. Delhi Advisory Board for Animal Welfare
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