The petition alleged that guidelines for carrying and moving the animals were not complied with. The matter came up for hearing before a bench comprising Chief Justice D N Patel and Justice Jyoti Singh.
The bench has asked the counsel for the petitioner to clarify whether the guidelines issued by the Central government under its circular regarding size and structure of camel vans is mandatory to be followed under the statute or law or whether it is supposed to be a mere advisory.
The bench has listed the matter for further hearing on February 28. The petition filed by organisation Scouts and Guides for Animals and Birds alleged that the authorities failed deplorably in taking necessary steps in connection with the illegal transportation of camels in vehicles into Delhi for the January 26 event.
Due to this tradition’ every year invariably, camels are illegally transported from Rajasthan and brought into the State of GNCTD.
Moreover, since it is a case of committing cruelty towards a particular animal, under the provisions of Prevention of Cruelty to Animals Act, 1960 and the Rules made thereunder, all the respondents are duty-bound to protect and promote the interests of the camels, as per the the which is being represented by advocate Ankur Bhasin
The Ministry of Road Transport and Highways has unequivocally admitted that animals cannot be transported in vehicles that are permitted to carry other goods.
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It alleged that the actions are not only violative of statutory prescriptions under the Motor Vehicles Act and Prevention of Cruelty to Animals Act but also annihilates valuable rights of animals.
The plea said the petitioner has been raising his voice and concern against the illegal transportation of camels since last 10 years. However, not a single regulation and rule has been implemented and brought into effect by the government and the AWBI.
It said that no case has been registered against any of such misdeeds by any of the authorities. These bodies have been allegedly acting altogether in negligence.
The act of transporting camels and other animals for the purpose of the show at Republic Day parade on January 26 at Rajpath, India Gate is in contravention of the settled law which cannot be left unregulated by this court.
Non-action on the same would leave fundamental rights of the animals compromised.
The petition arrayed ministries of Fisheries, Animal Husbandry and Dairying and Road Transport and Highways, Delhi Government and Animal Welfare Board of India (AWBI) as the parties involved.
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