Karnail Singh and others Vs State of Haryana

CORAM- Mr. Justice Rajiv Sharma

Background of the case-

This case is a revision petition instituted against the judgment dated 01.02.2013 rendered by Additional Session Judge, whereby the conviction imposed upon the petitioners were reduced from two years to six months. The initial conviction was a result of illegal transportation of 29 cows from Haryana to Uttar Pradesh.

Issue– Urgency and need for Animal Protection

Judgment–

The court stated that the entire animal kingdom including avian and aquatic are declared as legal entities having a distinct persona with corresponding rights, duties and liabilities of a living person. All the citizens throughout the State of Haryana are hereby declared persons in loco parentis as the human face for the welfare/protection of animals.

Justice Rajiv Sharma is well known for his judgment relating to nature. Previously he declared animal kingdom as a legal entity and also any natural water flowing bodies, while he was a judge of Uttarakhand High Court.

The court has laid down a number of guidelines to be followed within Punjab and Haryana-

1. Specified maximum weight limit that draught animal can carry as a load while driving vehicles.
2. Specified load for animals to carry.
3. Specified route by which a vehicle is to be drawn involves an ascent for not less than one kilometer and the gradient is more than three meters in a distance of thirty meters, the weight shall be half of what is specified by this Court. It is also made clear by way of abundant precaution that the weight specified in the direction made hereinabove, shall be inclusively the weight of the vehicle.
4. Not more than four-person excluding the driver and children below 6 years of age will be allowed to ride the vehicle in the State of Haryana.
5. Specified the limitation of putting harness.
6. Banning the use of sticks etc that would hurt the animal.
7. Issue certificate of the unladen weight of the vehicle by Municipality to avoid cruelty to animals.
8. Use of fluorescent reflectors to identify the animals at night.
9. Shelter to the animals by the Municipal bodies.
10. Transporting animals as per Rule 56 of the Transport of Animals Rules, 1978 along with Rule 93 of the Haryana Motor Vehicles rules, 1993.
11. Appointment of veterinary officers.
12. Application of the Prevention and Control of Infectious and Contagious Disease in Animals Act, 2009.
13. No animals shall be transported beyond the specified limit.
14. The ideal temperature for transportation of animals.
15. Ideal health condition of the animal to be transported.
16. Limitation on the transport of newborn animals.
17. Specifying the way of taking the animals while transporting.
18. Direction to the police.
19. Following rule number 30 of the Rules of 2001.
20. Enforcement of Rule 14 by the police officers.
21. Form societies for preventing cruelty to animals.
22. Bearing the cost of transportation by the owner.
23. Treatment of stray cattle and animals.
24. Directing veterinary doctors to treat the animals bought by the citizens.
25. Providing food and water by the locals.
26. Right of Way given to the non- mechanical devices.
27. Limiting the use of animals for a maximum of nine hours in a day.
28. Enforce the provisions of Prevention of Cruelty to Animals (Aquarium and Fish Tank Animals Shop) Rules, 2017; Prevention of Cruelty to Animals (Dog Breeding and Marketing) Rules 2017; and the Prevention of Cruelty to Animals (Pet Shop) Rules, 2018, in letter and spirit.
29. Entire animal kingdom is declared as legal entities.

Read full Judgment here:

[embeddoc url=”https://legaldesire.com/wp-content/uploads/2019/06/CRR_533_2013_31_05_2019_FINAL_ORDER.pdf” download=”all”]