The Division Judge Bench of Justice Vipin Sanghi and Justice Rakesh Thapiyal of the Uttarakhand High Court in the case of Gauri Maulekhi v. State of Uttarakhand and others, has held that mere fining of the handlers, or filing cases against them for inflicting cruelty to the animals, is not sufficient to rein in and discipline the erring handlers/ owners of Equines and directed to blacklist such handlers/ owners, who are found to be subjecting their Equines to cruelty and maltreatment.
Brief Facts:
The matter relates to the Equine health, care and management, deployed on the Kedarnath Yatra
The affidavits was filed in pursuance of an earlier order dated 24.07.23.
Observations of the Court:
The Hon’ble court observed from the affidavit that a 30-person Mule Task Force made up of Prantiya Rakshak Dal Jawans has been established with the dual goals of managing horses and preventing cruelty to them. The Mule Task Force Jawans maintain a vigilant watch over the horses being used for the Yatra Trek and assist the Sector Officers, Zila Panchayat Staff, Administration, and Veterinarians in taking severe action against lawbreakers. Furthermore, the Building and the adjoining land in Phata have been located, and they are being modified and restored for use as an infirmary where sick and healthy animals can be kept separate.
It was noted that the Equines, together with their handlers and pilgrims, must pass through a barrier at the beginning of the Yatra Route. If even unregistered Equines and handlers are able to pass the barrier unnoticed, the importance and purpose of registering Equines and handlers would be lost.
The court directed the State to ensure strict implementation of the Rule, that only registered Equines and handlers would be allowed on the Yatra route, and not others. Also, the court ordered the District Magistrate Rudraprayag and the other District Magistrates involved to make sure that no equines are deployed on the Kedarnath, Yamunotri, and Hemkund Sahib Yatra Treks between sunset and sunrise so that they can rest before being deployed again to provide service the following day.
The court noted that to rein in and discipline the negligent handlers/owners of Equines, more is required than simply fining the handlers or bringing legal action against them for animal cruelty.
It was furthermore noted that the only way to stop the abuse of equine is to put their handlers and owners on a blacklist when it is discovered that they are abusing and mistreating their animals.
The court holds that the State should have a system in place to screen the equines being considered for deployment on Yatra Routes by qualified veterinary doctors and veterinarians, and if the experts determine following a physical examination of the equine(s) that any particular equine(s) should be subjected to such Endurance Test, Endurance Test should be conducted in respect of such equine(s) before the equine is permitted to be deployed on the pilgrimage routes.
Furthermore, the Hon’ble Court was of the view that to avoid any accident involving a huge number of people, a stampede prevention mechanism must be put into place along the routes of the pilgrimages. Since it is the State's responsibility to safeguard the safety of the pilgrims and everyone else on the pilgrimage routes, it is up to the State to assess the situation on the ground and come up with solutions in this regard.
Decision of the Court:
With the above direction, the Hon’ble Court next listed the matter on 20.09.2023.
Case Title: Gauri Maulekhi Vs State of Uttarakhand and others
Coram: Hon’ble Mr. Justice Vipin Sanghi and Hon’ble Mr. Justice Rakesh Thapiyal
Case No.: WRIT PETITION (PIL) No. 79 OF 2022
Advocate of the Petitioner: Ms. Gauri Maulekhi, petitioner, party-in-person.
Advocate for the Respondents: Mr. C.S. Rawat, learned Chief Standing Counsel, Mr. Aditya Pratap Singh, learned counsel, Mr. Anil Kumar Bisht, learned counsel.
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