A bench of Justices Dipak Misra and Shiva Kirti Singh issued notice to Ministry of Environment, Forests and Climate Change on the plea which also sought guidelines regarding punishment for animal abuse and regulation of pet shop industry contending there was a vacuum in law.
The Supreme Court on Thursday sought a response of the Centre on a PIL seeking direction for action against people indulging in barbaric act against the animals and inhuman exploitation in the pet shop industry.
A bench of Justices Dipak Misra and Shiva Kirti Singh issued notice to Ministry of Environment, Forests and Climate Change on the plea which also sought guidelines regarding punishment for animal abuse and regulation of pet shop industry contending there was a vacuum in law.
Advocate Prashant Bhushan, appearing for the petitioner NGO Angel Trust, submitted that last year, the Law Commission has given a detailed report regarding animals being treated with cruelty by pet shops and said the government should notify the rules prepared by Animal Welfare Board of India (AWBI), which has not been done yet by the Centre.
He said that stringent punishment should be given for the offence of cruelty to animals.
"The facts that lead to the cause of action for the present petition is the alarming rise of instances of barbaric animal cruelty and inhuman exploitation in pet shop industry, which occur due to a vacuum in law with respect to animal abuse and exploitation," the PIL filed by NGO Angel Trust said.
"The reason for such a vacuum is that the main legislation for animal protection -- The Prevention of Cruelty to Animals Act, 1960 (PCA) -- has not been amended since 1960 to keep up with the times and even today the only punishment for dastardly acts is mere Rs 50 fine and no jail term," it said.
The plea further said the perpetrators know that due to the "toothless legislation and lackadaisical enforcement", they will go scot-free and hence commit heinous crimes against animals with impunity.
The plea cited recent incidents of brutality to animals including the March 20, 2016 incident in which a man was caught on CCTV stabbing to death three stray dogs and a puppy outside Green Park Metro Station here.
The plea also contended that unregulated pet shop was rampant with horrific abuse and exploitation.
"The report (filed by Law Commission in 2015) observes that pet shops and breeders violate provisions of animal welfare laws with impunity and recommends that it is necessary to regulate their practices.
"Some of the horror that go on in this illicit and unregulated trade include selling unweaned pups, drugging puppies to prevent them from crying, stuffing large birds in small cages, cutting their beaks with knives, de-clawing kittens etc," the plea said.
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