Centre defends rules for seizure of animals for cruelty in Supreme Court

The Union government on Monday defended before the Supreme Court the rules framed under the Prevention of Cruelty Against Animals Act on seizure of cattle, saying an animal subjected to cruelty cannot be allowed to be maintained by the person concerned.

"We told you last time that the rules are in dissonance with the Sections. The animals are a source of livelihood for people. The Section is clear that only after conviction that animals can be taken away. The rules permit animals to be taken away even before conviction," a bench presided over by Chief Justice S A Bobde asked Solicitor General Tushar Mehta.

To this, Mehta said the petitioner, Buffalo Traders Welfare Association has mistaken confiscation for. As in the case of any seizure, the party can approach the court for custody, he said.

He said the Union government has already filed its reply on a query made by the court.

The bench, also comprising Justices A S Bopanna and V Ramasubramanian posted the matter for consideration next week.

Senior advocates Sidharth Luthra and V Giri, appearing for intervenors, also maintained that the rules did not permit seizure of animals, even before the conviction.

The bench, however, said, "There is a difference between sale and seizure. When sale is there then income is generated. We are only concerned with confiscation of animals from the rightful owner and thus kept locked up and injured."

In its plea, the Association contended that their livestock, a source of their livelihood, was being confiscated under the 2017 rules.

The Prevention of Cruelty to Animals (Care and Maintenance of Case Property Animals) Rules, 2017 framed under the Prevention of Cruelty to Animals Act, 1960, were notified on May 23, 2017.

On January 4, the court had verbally said that the rules are contrary to the law.