Captive Camel owned by Border Security Force

Justified or unjustified

Leg tied while shifting, amounts to be cruelty, Restoration

five freedoms for camels, introducing mechanism, for
humane transportation, special vehicle required
 1

To, March 19, 2024

DIG of BSF, NHQ, Delhi by name Dr. Inder Singh, under oath.

References: 80 CPC Legal Notice for gross negligence in overall supervision.

Communication between NRCC with AWBI – Refer all complaints lodged.
1. Limitation offence, against 100 captive camels by BSF, keeping in view,
Section 36 of the Prevention of Cruelty to Animals Act, 1960.
2. Section 33 of the Border Security Act, 1968.
3. Judicial Advisory of Constitutional Bench of Supreme Court.
4. Compendium issued in CWP No. 309 of 2003, of Supreme Court, read
with orders passed on 27-8-2013 and Delhi High Court verdict in W.P.(C)
2316 of 2017 – Standing orders of Delhi Police, No. 31 of 2022. Hon’ble
Delhi High Court orders, passed in CWP No. 2045 of 2022.
5. Rule 3 of the Veterinary Council of India Standard of Professional
Conduct, Etiquette and Code of Ethics, for Veterinary Practitioners
Regulations, 1992.
6. Rajasthan Camel (Prohibition of Slaughter and Regulation of Temporary
Migration or Export) Act, 2015.
7. Prevention of Cruelty to Animals (Animal Husbandry Practices and
Procedures) Rules, 2023, don’t allow, leg tie as nose roping.
INDEX
S. No Particulars Page
1. Presentation and Memorandum 2-4
2. BSF confirmation: Camel Transportation to Delhi and back 5-8
3. Communication between NRCC with AWBI for Camel Transport 9-15
4. Judicial Advisory by Constitutional Bench: Haram transportation 16-18
5. Rajya Sabha – Animal Husbandry: Animal versus goods 19-26
6. NHAI: Special vehicle to carry animals: Halal versus haram 27-28
7. Central Motor Vehicles (Eleventh Amendments) Rules, 2015 29-31
8. th
Central Motor Vehicles (13 Amendments) Rules, 2016 32-33

Distribution: Contempt of court of law-

1. Commissioner of Police, all 15 DCPs with ACPs in Delhi.
2. All 11 Deputy Commissioner cum Chairman, DSPCAs in Delhi.
3. Delhi State Animal Welfare Board, with all 11 DSPCAs in Delhi.
4. Brand Ambassador Viyana Berwal, to teach my granddaughter, via her
mother Smt. Sukanya Berwal, Commissioner of Education.
5. BSF at Bikaner and Jodhpur.
6. NRCC.
7. AWBI.
 2

Respectfully sheweth,

It is humbly submitted, that:

Being an active part of Community Policing as man of many achievements and

distinctions: Voice for voiceless: Fighter by spirit: Jat by birth: Philanthropist
by profession: Activist by mission: Cobbler by qualification: Scouting by
passion: Humanitarian by choice: Gandhian by vision and action, habitual khadi
wearers and speaking truth, performing fundamental duties, as social reformer,
compassionate citizen, and unpaid labour for flora and fauna, with our mission:
Conservation beyond imagination, during the Golden Jubilee years of activism,
nothing for gain and profit, in good faith, Whistleblower for community service,
in the presence of Brand Ambassador Viyana Berwal, daughter of Smt. Sukanya
Berwal, based in Ahmedabad, it is humbly submitted that:
1. I am a retired non-official Member, State Committee for Slaughter
Houses, Department of Urban and Local Bodies (Govt. of Haryana),
established as per directions of Hon’ble Supreme Court of India, in CWP
No. 309 of 2003.
2. I am a Master Trainer in Animal Welfare, decorated by the Govt. of India,
retired as Commissioner, Bharat Scouts and Guides, Haryana.
3. Lifetime working as Chief National Commissioner, Scouts and Guides
for Animal and Birds, along with National Authority for Animal Welfare,
OIPA: Indian People for Animals.
4. I had been CPCSEA nominee, Nodal Inspecting Authority for Haryana
and adjoining Rajasthan, for Animal Welfare Division (Govt. of India) and
Inspecting Authority for Animal Welfare Board of India, for Haryana and
Punjab, as per item No. 3 of 39th AGM of AWBI, keeping in view the
recommendations of Screening Committee of AWBI.
5. I had been volunteers of Wildlife Crime Control Bureau, and
6. International Union for Conservation of Nature: IUCN - 2021-2025:
Member, Commission on Education and Communication / Member, CEC
 3

Nature for all Network / Member, CEC Reimagine Conservation Network /

Member, CEC Nature Education for Sustainability Network / Member,
CEC Youth Engagement, and Intergenerational Partnerships.

During the celebrations of Animal Welfare Fortnight, 2024, we have observed

that, a goods transport vehicle, carried 100 captive camels, in sitting position,
without any approval of competent authority, breaching public trust, and they
aren’t carrying pre-transport permit, as required under Rule 96 of Transport of
Animals Rules, 1978, amended in 2001 and 2009, read with the mechanism
endorsed vide CWP No. 309 of 2003, on dated 27-8-2013, read with Hon’ble Delhi
High Court verdict in W.P.(C) 2316 of 2017, keeping in view, Delhi Police
Standing order No. 31 of 2022, besides section 33 of the Border Security Force
Act, 1968.

Hon’ble Supreme Court of India, verdict on 5 freedoms for animal, SLP (C)
No.11686 of 2007, read with WP (C) No. 23 of 2016, being judicial advisory:
Chapter 7.1.2 of the guidelines of OIE, recognizes five internationally
recognized freedoms for animals, such as:
(i) freedom from hunger, thirst and malnutrition.
(ii) freedom from fear and distress.
(iii) freedom from physical and thermal discomfort.
(iv) freedom from pain, injury and disease and
(v) freedom to express normal patterns of behaviour.
Veterinary Council of India Standard of Professional Conduct, Etiquette and
Code of Ethics, for Veterinary Practitioners Regulations, 1992. As per section
3: Declaration and oath by a Veterinarian: Being admitted to the profession of
veterinary medicine:

A). I solemnly swear to use my scientific knowledge and skills for the
benefit of society through the protection of animal health, the relief of
animal suffering, the conservation of livestock resources, the promotion
of public health, and the advancement of knowledge in veterinary
science.
B). I shall practice my profession conscientiously, with dignity, and in
keeping with the principles of veterinary medical ethics.
C). I accept as a lifelong obligation the continuous improvement of my
professional knowledge and competence.
As per section 3 of the Prevention of Cruelty to Animals Act, 1960: Duties of
persons having charge of animals:
It shall be the duty of every person having the care or charge of any
animal to take all reasonable measures to ensure the well-being of such
animal and to prevent the infliction upon such animal of unnecessary
pain or suffering.

Prevention of Cruelty to Animals Act, 1960: As per section 2 (a), read with IPC
47: "animal" means any living creature other than a human being.
 4

As per the Carriage by Road Act, 2007: Section 2: Definitions – In this Act,
unless the context otherwise requires: (e) “goods” includes (ii) animals or
livestock.

Gross negligence in overall supervisions, needs immediate attention, because,

Haram - Cruel animal transportation as goods, breaching public trust, violating
section 47 of IPC, read with section 2 and 3 of the Prevention of Cruelty to
Animals Act, 1960 and article 51A of Indian Constitution, Rule 96 of the
Transport of Animals Rules, 1978, amended in 2001 and 2009. Whereas, Delhi
Administration failed to perform, as stated below:

1. Central Motor Vehicle (Eleventh Amendments) Rules, 2015 and

Central Motor Vehicle (13th Amendment) Rules, 2016, read with the
Indian Standards: Transport of Livestock – Code of Practice and pre-
transport permit. Issue preventive orders under 144 CrPC.
2. Discrimination, and contradictions, ensuring compliance of section
2(d) of the Prevention and Control of Infectious and Contagious
Diseases in Animals Act, 2009: “compulsory vaccination” means
vaccination of any animal against any scheduled disease in respect of
which vaccination is made mandatory under the provisions of this Act.
3. Breach of public trust, attracting offenses under section 153 and 295
IPC, breaking social fabric of the society.
4. Delhi Police needs immediate training and workshop, to update their
knowledge, along with all 11 DSPCAs with Delhi Animal Welfare Board
5. Introduce animal abuser registry. Installation of animal scanner,
preventing cruelty against animals, along with activating Infirmaries
and DSPCAs.
6. Issue ordinance, replacing toothless PCA Act, 1960 and delegate
powers under section 37. Issue white paper, recall objectionable
orders, penalize all concerned with departmental action, removing
from the main stream. Recall case property, abused 100 BSF Camel,
took participated in Republic Day parade.
7. As deems fit.
With scouting spirits ……..
Remembering great guide Ch. O. P. Kadyan with Smt. Prem Kaur Dhankar.
Master Trainer in Animal Welfare to Govt. of India
Naresh Kadyan,
Chief National Commissioner,
Scouts & Guides for Animals & Birds,
National Authority for Animal Welfare,
OIPA: Indian People for Animals,
Retired Commissioner, Bharat Scouts and Guides, Haryana
Ex-Member, State Committee for Slaughterhouses, Haryana
C- 38, Rose Apartment, Sector- 14, Rohini, Delhi -110085.
WhatsApp: 9813010595, Email: kadyan.ipfa@gmail.com
5
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 Naresh Kadyan,
Master Trainer in Animal Welfare to Govt. of India
Retired Commissioner (Headquarter),
Bharat Scouts and Guides, Haryana.
Founder Scouts and Guides for Animals
and Birds / OIPA: Indian People for
Animals
C- 38, Rose Apartment, sector- 14, Rohini,
Delhi- 110085.
Let live and live

Being an active part of Community Policing as

man of many achievements and distinctions:
Voice for voiceless: Fighter by spirit: Jat by
birth: Philanthropist by profession: Activist by
mission: Cobbler by qualification: Scouting by
passion: Humanitarian by choice: Gandhian by
vision and action, habitual khadi wearers and
speaking truth, performing fundamental duties,
as social reformer, compassionate citizen, and
unpaid labour for flora and fauna, our mission: kadyan.ipfa 9813010595
Conservation beyond imagination: @gmail.com
1. Retired as Commissioner (Headquarter),
Bharat Scouts and Guides, Haryana.
2. Lifetime as Chief National Commissioner, X
Scouts and Guides for Animal and Birds.
3. Lifetime as National Authority for Animal @nareshkadyan @nareshkadyan
Welfare, OIPA: Indian People for Animals.
4. Had been CPCSEA nominee, for many
establishments, including NDRI.
5. Nodal Inspecting Authority for Haryana
and adjoining Rajasthan, for Animal
Welfare Division (Govt. of India).
6. Inspecting Authority for Animal Welfare
Board of India, for Haryana and Punjab,
as per item No. 3 of 39th AGM of AWBI,
keeping in view the recommendations of
Screening Committee of AWBI.
7. Had been volunteers of Wildlife Crime
Control Bureau: WCCB.
8. Non-official Member, State Committee for
Slaughter Houses, Department of Urban
and Local Bodies (Govt. of Haryana).
 9. Since 1998 up to 2018, Founder Chairman,
People for Animals - PFA Haryana.
10. Since 2008 up to 2021, Representative of
OIPA in India, affiliated with UN.
11. Elected Member, Clothing and Footwear
Institute, London as 8-11-1988.
Date of Birth: October 10, 1961.
Educational qualifications:
1. Master of Arts in Mass Communication
and Journalism.
2. Post Graduate Diploma in Journalism and
Mass Communication
3. Diploma in Footwear Technology
4. Advance Course in Footwear Technology
5. Master Trainer in Animal Welfare - Govt. of
India, November 15-29, 2000.
Outstanding performance:
50 years’ rich experience in Gandhian
Ethics, Ideology, and Philosophy,
including 18 years as District Khadi and
Village Industries Officer, besides Duty
Magistrate during prohibition policy in
Haryana.
Voluntary Retirement as Supreme sacrifice, at
the time of promotion, before 5 years:
August 5, 2014
Publication:
Two Books compiled for legislations
related to Animal Welfare and Biodiversity
International Union for Conservation of Nature:
IUCN - 2021-2025:
1. Member, Commission on Education and
Communication.
2. Member, CEC Nature for all Network
3. Member, CEC Reimagine Conservation
Network
4. Member, CEC Nature Education for
Sustainability Network
5. Member, CEC Youth Engagement and
Intergenerational Partnerships Network
Whistleblowers, exposing halal versus haram
and animal versus goods, being living creature
Property: Valid License for 2 Arms, all over India.
Chaudhary Om Parkash Kadyan - Smt. Prem Kaur Dhankar Memorial Foundation

2
 * IN THE HIGH COURT OF DELHI AT NEW DELHI

Judgment reserved on: 30.08.2022

% Judgment delivered on: 02.09.2022

+ W.P.(C) 2045/2022
SCOUTS AND GUIDES FOR ANIMALS
AND BIRDS ..... Petitioner
Through: Mr. Ankur Bhasin, Advocate.

versus

UNION OF INDIA & ORS. ..... Respondents

Through: Mr. Rajesh Gogna, CGSC with
Mr.Vinod Tiwari and Ms.Priya Singh,
Advocate for respondents No.1, 2 &
4/ UOI.
Mr. Rishikesh Kumar, ASC with
Ms.Sheenu Priya & Mr.Muhammad
Zaid, Advocates for respondent No.3.

CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

JUDGMENT

SATISH CHANDRA SHARMA, C.J.

1. The petitioner before this Court – a Registered Trust, has filed the
present writ petition under Article 226 of the Constitution of India as a
Public Interest Litigation (PIL) and is represented by Mr. Naresh Kadyan,

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 who is its Founder Member. The Trust aims in social work working deeply
towards animal welfare and other causes in favour of society at large.

2. The petitioner Trust has filed the present writ petition alleging
transportation of camels into the State of Delhi from Rajasthan in violation
of the statutory provisions as contained under the Prevention of Cruelty to
Animals Act, 1960. The petitioner has stated that every year during the
Independence Day Parade, large number of camels are transported in goods
carrier subjecting them to cruelty and the petitioner has submitted various
representations from time to time to various authorities, however, they have
not been looked into. The petitioner has also stated that he has submitted
various applications under the Right to Information Act in respect of the
procedure adopted by the respondents for transporting the camels and the
same reveals that the camels are being transported from Rajasthan to Delhi
in different vehicles violating Sections 3, 11 and 38 of the Prevention of
Cruelty to Animals Act, 1960 along with Central Motor Vehicles (11th
Amendment) Rules, 2015.

3. The petitioner has placed reliance on a judgment delivered in the case

of Animal Welfare Board of India Vs. A. Nagaraja & Ors., Civil Appeal
No.5387/2014 [S.L.P.(Civil) No.11686/2007], and his contention is that
action should be initiated against the persons who are subjecting the camels
to cruelty while transporting them to Delhi.

4. The petitioner has stated in the writ petition that almost 100 camels
are brought every year in goods transport vehicles to Delhi violating the
statutory provisions, and therefore, action should be initiated for safe

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 transport of camels and action be also initiated against the persons who are
involved in transport of camels. The petitioner has prayed for the following
reliefs:

“In view of the submissions made above and in the light of facts
and circumstances of the case, the petitioner most respectfully
prays that in the interest of justice this Hon'ble Court may
kindly be pleased to issue appropriate writ, order and
directions against the respondents thereby,

(a) allow the present Public interest litigation considering the

paramount interests i.e welfare of camels who are being
exploited and their fundamental right being negated by the acts
of the respondents which is in ultra-contravention of 125E of
M.V Act, 1988 and Section 3 and 11 of the Prevention of
Cruelty to Animals Act 1960;

(b) take suo-motto cognizance of the illegal trasporattion of

camels in vgross violation of the rules as laid down by the
Union of India;

(c) take necessary action against the respondents who had

acted in contravention of the rules as laid under in CML
APPEAL NO. 5387 OF 2014@ Special Leave Petition (Civil)
No.11686 of 2007) titled as Animal Welfare Board of India
Versus A. Nagaraja & Ors by the Hon 'ble Apex Court;

(d) take suo-motto cognizance of the matter at hand and direct

the Respondent no. 3 to issue a monitoring probe order and
thereby regulating and prohibiting the violations in line of
standing order no. standing order no. 31/2010 issued by Delhi
Police;

(e) pass any other order which this Hon'ble Court may deem
fitand proper in the interest of justice.”

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 5. This Court has issued notice in the matter and various status reports
have been filed from time to time in the matter.

6. Respondent No.2 has filed a detailed status report [report of Animal

Welfare Board of India (AWBI)] and it has been stated in the said status
report that respondent No.2 is a statutory advisory body of Government of
India (GoI) which deals with the subject of Prevention of Cruelty to Animals
and the said subject has been transferred as per the Allocation of Business
Rules from the Ministry of Environment, Forests and Climate Change to
Department of Animal Husbandry and Dairying, Ministry of Fisheries,
Animal Husbandry and Dairying, i.e. respondent No.1.

7. It has also been stated that GoI has issued various instructions from
time to time and has also enacted Transport of Animals Rules, 1978 which
make it mandatory that transportation of Animals by Rail or Road must be
accompanied by a veterinary certificate that they are fit to travel, and
appropriate specifications have also been provided under the Rules for
transportation of such animals. It has also been stated that the Prevention of
Cruelty to Animals (Transport of Animals on Foot) Rules 2001 also
provides for transport of animals on foot in certain cases.

8. The respondent has further stated that the AWBI – taking into account
the suffering of camels during transportation, requested the Director General
(DG) of the Border Security Force (BSF) vide its letter dated 24.01.2020 to
take necessary action in the matter and to see that the provisions of the
Prevention of Cruelty to Animals Act, 1960 and the Rules framed
thereunder are followed in letter and spirit and also to intimate the Board in

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 the matter. The DG, BSF was again requested on 10.06.2020 to take
appropriate action in the matter. The BSF has informed the Board that a
Standard Operating Procedure (SOP) has been framed for transporting the
camels in consultation with the National Research Central on Camel,
Bikaner and the same is being strictly followed.

9. It is also stated that the petitioner has filed large number of

complaints/ sought information under the Right to Information Act and it is
incorrect on the part of the petitioner to state that no action has been taken in
respect of the complaints. The respondents have stated that the camels are
not at all being subjected to cruelty – as stated in the present writ petition,
and the Rules are being followed in toto in respect of transport of camels.

10. This Court has heard learned counsel for the parties at length and
perused the record.

11. It is an undisputed fact that camels are being transported from

Bikaner, State of Rajasthan to Delhi for Republic Day Function. Grievance
was raised by the petitioner in respect of transportation of camels. The BSF
while transporting the camels issues Expression of Interest (EOI) providing
all minute details in respect of the vehicle in which the animals can be
transported and the EOI is also on record along with the status report filed
by respondent No.2 as Annexure-4. The animals are being transported in
specialized vehicle and four camels in sitting position along with accessories
and fodder are transported in one vehicle. The EOI makes it very clear that
there is enough space in the vehicle which is being used for transport of

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 camels and the BSF has taken all precautionary measures to ensure that the
camels are not subjected to cruelty.

12. The amendment to Prevention of Cruelty to Animals (The Transport

of Animals) Rules, 2020 provides for transport of camels and the said
amendment is reproduced as under:

“Amendment to Prevention of Cruelty to Animals (The

Transport of Animals) Rules, 2020
Insertion of new Chapter VA

Transport of Camels

63-A Rules 57 to 63 shall apply to the transport by rail, road,

waterways, sea or air of Camel

63A
(a) A valid health certificate by veterinary officer to the effect
that the camel is in a fit condition to transport by rail, road,
waterways, sea or air and are not showing any sign of
infectious or contagious disease, shall accompany each
consignment.
(b) In the absence of such a certificate, the carrier shall refuse
to accept the consignment for transport.

(c) The certificate shall be in a form specified in Schedule 12.

63B
(a) Each consignment shall bear a label showing in bold red
letters the name, address and telephone number (if any) of the
consignor and consignee, the number and type of camels being
transported.

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 (b) The consignee shall be informed in advance about the train
or vehicle in which the consignment of camels is being sent and
its arrival time.

(c) The Camels should be restrained in the trucks or road or

train/rail carrier in sternal recumbency i.e. in sitting position
and the floor space of 10 x 4' or 10 x 5' should be provided to
each camel.
(d) It must be ensured that at least 0.5 feet sand/ straw level has
been provided as bedding in the detailed/hired vehicle.

(e) It must be ensured that the detailed/hired vehicle is not

having any projection or sharp objet which may cause any
injury to camels during journey.
(f) It must be ensured that Camels are tied with loose cotton
rope and a proper pad under legs, cotton gaddi on neck and
hump has been kept to avoid injury.

63C
(a) Male and female camels should not be mixed. Young
animals may be transported together with mother camel.

(b) Furious/ aggressive camels should not be mixed with other

docile camels. Apprehensive/ furious animals may be
administered sedative drugs under supervision of any qualified
veterinary officer before loading/ unloading.

(c) Camel shall be loaded after being fed and given water
adequately, watering arrangements shall be made on route and
sufficient food carried to last during the journey.

(d) Veterinary first-aid equipment shall accompany all batches

of Camel.
(e) Adequate ventilation shall be ensured.

(f) Suitable ramps and platforms, improvised where not

available, shall be used for loading and unloading Camel.

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 61 For the transport of camels by rail, the following
precautions shall be taken
(a) Camels shall be transported by passenger or mixed trains
only;

(b) The floor space and restraining guidelines should be

followed as mentioned for transport by truck or road as
specified in 63 B.
(c) Every wagon shall have two attendants if the camels are
more than two in number;
(d) It must be ensured that all the emergency veterinary
medicines have been made available to Livestock Assistant or
veterinary nursing assistant detailed with camel contingent.
(e) No nails, metallic projections, sharp edges are exposed on
the vehicles/railway wagon.
(f) It must be ensured that adequate ventilation facility is
available for camels and camels are not subjected to direct heat
during the journey.

62 For the transport of camels by waterways/ sea the

following precautions shall be taken
(a) Camels should be secured in loose condition and a floor
space of 500 square feet per camel should be provided to each
camel.

(b) Camels are best transported in upper deck of the shipment.

While travelling/ moving the animals on foot following

precautions shall be taken
(a) Severely emaciated, weak, dehydrated, blind in both eyes,
animals with signs of severe injury or distress or last 4 weeks
or pregnancy should not be allowed to travel/ move on foot.

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 (b) It must be ensured that camel has been allowed to march
with slow pace to warming up and subsequently moved to faster
pace to avoid sprain and lameness.

(c) It must be ensured that leg of camel doesn't land up in pits

made by rats/ foxes which may cause fracture or lameness.

(d) It must be ensured by rider that camel crosses the sand

dunes very slowly.
(e) It must be ensured by camel contingent in charge that after
journey of one hour a short halt has been provided to camels
for urination.

(f) Night marching must be preferred, to avoid cases of heat

shocks in summer and in nights camel can be allowed to cover
longer distances.
(g) In summer the camels should be allowed to march during
early morning /evening hours.

(h) As far as possible stony and metal roads should be avoided

to prevent foot pad injuries.”

13. The aforesaid statutory provision of law makes it very clear that Rules
have been framed on the subject and transport of camel has to take place
strictly in consonance with the statutory provisions governing the field.

14. Learned counsel for the respondents/ UOI was fair enough in stating
before this Court that the transportation of camels is taking place as per the
statutory provisions and they will ensure that no violation of any statutory
provision takes place in respect of the transportation of camels and they will
strictly follow the SOP framed by National Research Centre of Camel,
Bikaner.

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 15. In the light of the aforesaid status report, as the respondents have been
taking all care and precaution in transporting the camels and are also
following the statutory provisions, this Court is of the considered opinion
that no further orders are required to be passed in the present PIL. However,
it is made clear that the respondents shall ensure strict compliance of the
amendment to Prevention of Cruelty to Animals (The Transport of Animals)
Rules, 2020 while transporting the camels in future also for the purpose of
their participation in Republic Day Parade, or any other purpose also. In
case of transporting of camels, the respondents shall also ensure that the
statutory provisions as contained in the Prevention of Cruelty to Animals
Act, 1960 are not violated. The Union of India, the AWBI, the Ministry of
Road Transport & Highways as well as the BSF shall ensure strict
compliance of the SOP read with the Rules governing the field in the matter
of transport of camels. Any deviation in the matter of transport of camels
shall be viewed seriously by this Court. In case the SOP or any statutory
provision is violated in future while transporting the camels, the petitioner
shall certainly be free to bring the same to the notice of this Court.

16. With the aforesaid directions, the PIL stands disposed of.

(SATISH CHANDRA SHARMA)

CHIEF JUSTICE

(SUBRAMONIUM PRASAD)
JUDGE
SEPTEMBER 02, 2022
B.S. Rohella

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 $~69
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 2045/2022
SCOUTS AND GUIDES FOR ANIMALS AND BIRDS
..... Petitioner
Through:

versus

UNION OF INDIA & ORS. ..... Respondents

Through: Mr. Harish Vaidyanathan Shankar,
CGSC with Mr. Srish Kumar Mishra,
Mr. Sagar Mehlawat and Mr.
Alexander Mathai Paikaday,
Advocates. for UOI.
Mr. Rajesh Gogna, CGSC with Mr.
Priya Singh, Advocate for UOI.
Mr. Vikram Chandravanshi, Advocate
for AWBI.

CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD
ORDER
% 21.11.2022
CM APPL. 46004/2022
1. This application under Section 151 CPC has been filed on behalf of
Respondent No.2 seeking modification of the Para No.15 of the Judgment
dated 02.09.2022 passed by this Court in the present petition.
2. This Court vide Judgment dated 02.09.2022 passed in the instant
petition had directed the Respondents to ensure strict compliance of the
amendment to Prevention of Cruelty to Animals (The Transport of Animals)

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 Rules, 2020 while transporting the camels in future also for the purpose of
their participation in Republic Day Parade, or any other purpose.
3. On 16.11.2022, Mr. Harish Vaidyanathan Shankar, learned CGSC for
the UOI was granted three days’ time to inform this Court as to whether the
amendment to the aforesaid rules, i.e. insertion of new Chapter, i.e. Chapter
VA which deals with Transport of Camels, has come into force, or not.
4. Today, Mr. Harish Vaidyanathan Shankar, learned CGSC, was fair
enough in stating before this Court that the matter is under consideration
with the Animal Welfare Board of India (AWBI), in respect of the
amendment to the aforesaid rules. He states that as soon as the
recommendations are furnished by the Animal Welfare Board of India, the
Union of India shall be making suitable changes, if required, in the proposed
amendment and shall also be notifying the same at an early date.
5. Learned Counsels appearing for AWBI and Union of India prays for
three months’ time in the matter and submits that within three months
suitable amendment will certainly be made to Prevention of Cruelty to
Animals (The Transport of Animals) Rules, 2020.
6. In light of the aforesaid, Para No.15 of the Judgment dated
02.09.2022 deserves to be modified to the extent that the Respondent shall
ensure strict compliance of the amendment to Prevention of Cruelty to
Animals (The Transport of Animals) Rules, 2020 as and when notified by
the Government of India. The Government of India shall also make all
possible endeavours to notify the amendment keeping in view the
recommendations made by the Animal Welfare Board of India (AWBI) as
expeditiously as possible, preferably within three months from today.

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 7. It has also been brought to the notice of this Court that BSF, AWBI
and all other authorities are taking all possible steps to ensure that the
camels are not subjected to any cruelty.
8. The present Order shall be read conjointly with the earlier Judgment
dated 02.09.2022 passed by this Court in the present petition.
9. The application stands allowed.

SATISH CHANDRA SHARMA, CJ

SUBRAMONIUM PRASAD, J
NOVEMBER 21, 2022
S. Zakir/ss

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By:RAHUL SINGH
Signing Date:25.11.2022
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 $~119.
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 2045/2022
SCOUTS AND GUIDES FOR ANIMALS AND BIRDS..... Petitioner
Through: Mr. Sahil Kakkar, Advocate.

versus

UNION OF INDIA & ORS. ..... Respondents

Through: Mr. Rajesh Gogna, CGSC with
Ms.Priya Singh, Ms.Pooja Aiyar and
Mr. Vikram Chandavanshi,
Advocates for AWBI.
Mr. Rishikesh Kumar, ASC
(GNCTD) with Ms. Sheen Priya,
Advocate for GNCTD

CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE SANJEEV NARULA
ORDER
% 11.10.2023

CM APPL. 52753/2023
1. The present Public Interest Litigation (PIL) was filed by the Petitioner
bringing attention to the illegal transportation of camels from Rajasthan to
Delhi for Republic Day Parade in violation of Prevention of Cruelty to
Animals Act, 1960 (the „Act‟). Vide judgement dated 02.09.2022, this Court
disposed of the PIL with a direction to all the Respondents to ensure strict
compliance with the Act, the Standard Operating Procedure framed by the
National Research Centre on Camel, Bikaner and the Prevention of Cruelty
to Animals (The Transport of Animals) Rules, 2020 along with amendments

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 therein, as and when notified.
2. The Petitioner has filed the present application alleging non-
compliance of the aforementioned judgement by the Respondents. The
Petitioner, throughout its application has not been able to identify even a
single instance of non-compliance. Instead, in furtherance of its claim, the
Petitioner relies on vintage Rajya Sabha proceedings dated 08.12.2010
wherein in response to a question raised about transportation of camels, the
Minister has stated that during transportation, camels are loosely tied to
prevent injury. On the basis of this admission alone, the Petitioner seeks to
establish that there is continued cruelty meted out to camels during
transportation. It is unfortunate that even after the disposal of a matter with
exhaustive directions, the Petitioner seeks to waste the time of this Court by
engaging in groundless litigation.
3. In light of the aforesaid, the application is dismissed. It is needless to
mention that the Respondents must ensure that transportation of camels is
undertaken only in compliance with the statutory framework established in
that regard, as iterated by this Court in the judgement dated 02.09.2022.

CM APPL. 52754/2023
In view of the order passed in C.M. No.52753/2023, the present
application is also dismissed.

SATISH CHANDRA SHARMA, CJ

SANJEEV NARULA, J
OCTOBER 11, 2023/ns

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
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