Delhi HC seeks Centre’s stand on Kapil Dev’s plea against cruelty to animals

A bench headed by Chief Justice Satish Chandra Sharma issued notice to the governments on the petition which has challenged provisions of the Prevention of Cruelty to Animals Act.

New Delhi: The Delhi High Court on Friday sought the Centre and the Delhi government’s stand on a petition by former India cricketer Kapil Dev and his wife against cruelty to animals.

A bench headed by Chief Justice Satish Chandra Sharma issued notice to the governments on the petition which has challenged provisions of the Prevention of Cruelty to Animals Act.

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Petitioners Kapil Dev, his wife Romi Dev and animal rights activist Anjali Gopalan, have said the plea was being filed on account of repeated instances of barbaric treatment meted out to animals showing the “most brutal and cruel face of humanity” and the “utter effete” response of law and the law enforcing agencies.

The plea challenged a portion of Section 11 of Act, which “provides for the destruction of stray dogs in lethal chamber or by such other methods as may be prescribed and for extermination or destruction of any animal under the authority of any law for the time being in force”, on the ground that it was arbitrary, unreasonable and violative of Article 21 (right to life and personal liberty) of the Constitution.

The petitioners have prayed for launching sensitisation drives about the rights of animals and also sought directions for providing scientific and updated tools and training to veterinarians as well as local investigation agencies and judicial officers to equip them with knowledge of animal laws prevalent in the country.

The plea has also challenged sections 428 (Mischief by killing or maiming animal of the value of ten rupees) and 429 (mischief by killing or maiming cattle, etc., of any value or any animal of the value of fifty rupees) of the Indian Penal Code claiming that it is an instance of speciesism suggesting lack of moral worth or value in animals.

The matter will be heard next on December 19.