Pil Final
Pil Final
Pil Final
OF 2016
Petitioner
-VsThe Secretary,
Animal Welfare Board of India
13/1, Third Seaward Road,
Valmiki Nagar,
Thiruvanmiyur,
Chennai 600 041
Respondent
office
at
No.274-A,
A6
Vasanth
Aprt,
Lloyds
Road,
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beings
to
performing, on the
over-power
the
animals
while
it
is
Section 3 and all of PCA Act read with Articles 51 A(g) and are
cannot be taken away or curtailed, except under section 11(3)
and 28 of PCA Act.
7. I submit that the word animal falls under Section 2(a) of PCA
Act.
8. I submit that the Horse race spoils the life of the public those
who are all involved in the Horse race.
9. I submit that the horse
I submit that the horse race is not only spoils the life of
the animals and jockeys in the horse race but also life of the
participant of the horse races in India.
12.
life and the word life has been given on expanded definition
and any disturbance from the basic environment which
includes all forms of life, including animal life, which are
necessary for human life, fall within the meaning of Article 21
of the Constitution. So far as animals are concerned, in our
view, "life" means something more than mere survival or
existence or instrumental value for human-beings, but to lead
a life with some intrinsic worth, honour and dignity. Animals'
well-being and welfare have been statutorily recognised under
Sections 3 and 11 of the Act and the rights framed under the
Act. Right to live in a healthy and clean atmosphere and right
to get protection from human beings against inflicting
unnecessary pain or suffering is a right guaranteed to the
animals under Sections 3 and 11 of the PCA Act read with
Article 51A(g) of the Constitution. Right to get food, shelter is
also a guaranteed right under Sections 3 and 11 of the PCA
Act and the Rules framed thereunder, especially when they are
domesticated. Right to dignity and fair treatment is, therefore,
not confined to human beings alone, but to animals as well.
Right, not to be beaten, kicked, overridden over-loading is also
a right recognized by Section 11 read with Section 3 of the
PCA Act. Animals have also a right against the human beings
not to be tortured and against infliction of unnecessary pain or
suffering. Penalty for violation of those rights are insignificant,
since laws are made by humans. Punishment prescribed in
Section 11(1) is not commensurate with the gravity of the
offence, hence being violated with impunity defeating the very
object and purpose of the Act, hence the necessity of taking
disciplinary action against those officers who fail to discharge
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14.
dancing
in
front
of
the
horses
being
causes
men and women saddling over the horses during the function.
It is further submitted that the horses have been used to
perform fun ridding in beaches, and other tourism places.
Horses, in such events, not only do move their head showing
that they do not want to go to the arena but, as pain is being
inflicted in the occasions is so much; they have no other go
but to flee to a situation which is adverse to them. Horses, in
that
situation,
are
stressed,
exhausted,
injured
and
enclosure.
15.
representation
to
the
respondents
on
4.1.2016
and
stop the horse races, use of horses in barat and political /other
functions and horse fun ridding in beaches and Tourism places and
pass such further or other order or orders as this as the Honble
court may deem fit and proper in the circumstances of the and
thus render justice.
Before Me
Advocate
10
AT MADRAS
(SPECIAL ORIGINAL JURISDICTION)
W.P. NO.
OF 2016
Petitioner
-VsThe Secretary,
Animal Welfare Board of India
13/1, Third Seaward Road,
Valmiki Nagar,
Thiruvanmiyur,
Chennai 600 041.
Respondent
WRIT PETITION
The petitioner humbly submits;
The address for service of summons, notices and process on the
petitioner is that of his counsels M/s. Dr. G.Krishnamurthy, B.
Mahendran, G. Selvakumar, K.Nagarajan at No. 135, Addl. Law
chamber,High Court campus, Chennai 600 104.
The address for services of summons, notices and process on the
respondent is as cited above.
For the reasons stated in accompanying affidavit it is
therefore prayed that this Honble court may be pleased to issue a
writ of Mandamus of any other writ or order of direction in the
nature of
11
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12
OF 2016
The Secretary,
Animal Welfare Board of India
13/1, Third Seaward Road,
Valmiki Nagar,
Thiruvanmiyur,
Chennai 600 041.
Petitioner
-Vs-
Respondent
SYNOPSIS
1. U/s. 3, 11 or 22 of PCA Act 1960, (59 of 1960) do not confer
any right on the human being to over-power the animals.
2. U/s. 3 of the PCA Act, 1960 R/w Art. 51-A(g) of the
Constitution of India, it is duty of the Central government to
take steps to impart education in relation to human
treatment of animals and improve the natural environment.
3. Performing the horse races, use of horses in barat and
political /other functions and horse fun ridding in beaches
and Tourism places.
4. Right to live in health and clean atmosphere and right to get
protection from human beings inflicting unnecessary pain,
stress and cruelty.
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13
The Secretary,
Animal Welfare Board of India
13/1, Third Seaward Road,
Valmiki Nagar,
Thiruvanmiyur,
Chennai 600 041.
Respondent
INDEX
Sl. No.
1.
2.
3.
4.
Date
Description
Page No.
04.01.2016 Representation to the Respondent
05.01.2016 Representation to the Respondent
Photos of the Horse cruelty.
CD copy
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14
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15
OF 2016
TYPED SET
Dr. KRISHNAMOORTHY
B. MAHENDRAN Ms 2474/09
G.SELVAKUMAR
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16
K.NAGARAJAN Ms 3767/12
COUNSEL FOR PETITIONER
9444444924/9092328331
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