Former Indian cricket team captain Kapil Dev's petition challenging the provisions of the Prevention of Cruelty to Animals Act has been declined by the Supreme Court today. The Court advised Kapil Dev and two other activists to approach the Delhi High Court for the reliefs sought in the petition. The petition was filed in the wake of a distressing incident in November 2022, where a stray pregnant dog was tortured and killed in Delhi, prompting the petitioners to highlight several reported instances of animal cruelty across the country to argue that the current animal welfare laws are inadequate.
The petitioners sought guidelines to ensure dignified treatment to animals and for effective prosecution in cases of animal cruelty. They also contended that the punishments prescribed for such offenses are insufficient, leading them to challenge the constitutionality of Section 11(1) of the Prevention of Cruelty to Animals Act and Sections 428 and 429 of the Indian Penal Code.
During the hearing, Senior Advocate Aman Lekhi, representing the petitioners, emphasized the unequal punishments prescribed for animal cruelty based on the commercial and utility value of the animals involved. He argued that fixing different penalties for the same offense was unreasonable and arbitrary.
The petitioners also pointed out that Section 11(3)(b) and (c) of the Act permit the destruction of stray dogs and the extermination of animals, leading to an unfair classification between utilitarian and unwanted animals, attaching value to their lives.
However, the Supreme Court, while acknowledging the persuasive arguments of the senior counsel, expressed reservations about entertaining the matter, suggesting that the High Courts were equally capable of granting the sought-after reliefs. The bench remarked that the petitioners' standing in the country is high, and they would earn the same respect even if they approach the High Court.
In light of the Court's advice, Kapil Dev and the other activists were granted the liberty to withdraw their writ petition to pursue their prayers before the Delhi High Court. The bench accepted this and subsequently dismissed the writ petition.
The Supreme Court's decision to decline the petition and recommend approaching the High Court underlines the significance of seeking judicial remedies at the appropriate level to address concerns related to animal welfare and animal cruelty laws in India.
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