(IN) Circus Animals

[Guest guest]

The Times of India May 10, 2001

 

Copyright 2001 Financial Times Information

All rights reserved

Global News Wire

Copyright 2001 The Times of India. Bennett, Coleman Co Ltd

The Times of India

 

May 10, 2001

 

SC UPHOLDS BAN ON FIVE ANIMALS IN CIRCUSES

THE TIMES OF INDIA NEWS SERVICE

 

NEW DELHI: Circus companies in India will not be allowed to charm the show

lovers through various gimmicks by five animals - bears, monkeys, tigers,

panthers and lions. The Supreme Court has upheld a 1998 Central government

notification banning circus owners from training or exhibiting these

animals.

 

A Bench comprising Justice B N Kirpal, Justice U C Banerjee and Justice

Brijesh Kumar dismissed several petitions filed by circus owners as well as

Indian Circus Federation, challenging the notification issued under section

22 of the Prevention of Cruelty to Animals Act, 1960.

 

Though the Act was silent on the issue of ownership of the animals coming

under the purview of the notification, the Bench said the circus owners

could not keep these animals for the purpose of training and exhibiting

them.

 

When counsel for the appellants contended that the court could not issue any

direction depriving them of the ownership of the animals, the Bench said:

One thing is certain and that is the circus owners are prohibited from

either training or exhibiting any of the five animals referred in the

notification.''

 

''What is done to the animals is not within the domain of these proceedings

and we refrain from passing any order in respect thereto,'' the Bench said.

 

Solicitor general Harish Salve argued that rescue homes have been set up by

the Central government at zoological parks in Tirupathi, Vishakhapatnam,

Bangalore, Jaipur and Chennai. The high court had on August 21, 1997, passed

an order asking the Centre to take a fresh look into the notification after

hearing the petitioners and other authorities.

 

The Centre constituted a committee comprising additional Inspector General

(Wildlife), director of Wildlife Institute of India, member secretary of

Central Zoo Authority and two others. On the basis of the committee's

report, the government on October 14, 1998, issued a notification

prohibiting exhibition and training of these five animals.

 

The 1998 notification was challenged in the Kerala high court, but its

validity was upheld. The apex court said in the very nature of things when

the animals were used for performance in circus, it required their training.

It said it was for the government to decide whether the training and

exhibition of those animals would result in unnecessary pain or suffering

being inflicted on them.''

 

The Bench pointed out that even with respect to the animals whose exhibition

and training has been prohibited under the notification, the Act did not

prevent the owner from keeping them as domestic pets. But it added that it

was difficult to expect someone to have a lion or a tiger as a pet.