Animal Transportation in Delhi Without Special Vehicle As Goods: Restoration of 5 Freedoms

$~4
* IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 2316/2017
% Date of Decision: 15th December, 2017
SAURABH GUPTA & ANR. ..... Petitioner
Through: Mr. Anupam Tripathi, Adv.
versus
UNION OF INDIA & ORS. ..... Respondent

Through: Mrs. Bharathi Rahu, CGSC
for R-1 to 4.
Mr. Sanjoy Ghose, ASC for
R-6 to 8.
Mr. Pravesh Thakur, Adv.
for R-9.
CORAM:
HON'BLE THE ACTING CHIEF JUSTICE
HON'BLE MR. JUSTICE C.HARI SHANKAR
JUDGMENT (ORAL)
GITA MITTAL, ACTING CHIEF JUSTICE
CM No.38183/2017
For the reasons stated in the application, delay in filing the
counter affidavit on behalf of respondent Nos.1 to 4 is condoned.
The counter affidavit be taken on record.
CM stands disposed of.
W.P.(C) No.2316/2017
1. This writ petition is an important issue regarding illegal
transportation of cattle, which is in violation of the Rules 47 to 56
of the Transport of Animals Rules, 1978. These Rules have been
W.P.(C) No.2316/2017 Page 1 of 5

enacted in exercise of powers conferred under Section 38 of the
Prevention of Cruelty to Animals Act, 1960.
2. The petitioner complains inter alia that a requisite
certification from a veterinary expert is not being obtained prior to
the animals being herd together in transport and moved from one
place to another.
3. Premised inter alia on these submissions, the writ petition
seeks the following prayers:
“a) Writ, order or direction in the nature of
Mandamus or any other appropriate writ, order,
direction for directing the Respondent No.2 i.e.
Ministry of Home Affairs, Respondent No.4
Ministry of Food Processing Industries,
Respondent No.5 i.e. Animal Welfare Board of
India, Delhi for issue of notifications and
guidelines to be followed by the Police Station
concerned in cases of illegal Transport of Cattle
reported to them.
b) Writ, order or direction in the nature of

Mandamus or any other appropriate writ, order or
direction including Writ of Certiorari
directing/issuing guidelines that the Courts of
Magistrates are to follow in cases of illegal
Transport of Cattle pending before them/that are
reported to them.
c) Writ, order or direction in the nature of

Mandamus or any other appropriate writ, order or
direction directing the Respondent No.1 i.e. MOEF
and Respondent No.6 i.e. MOEF State and
Respondent No.5 i.e. AWBI to set up a raiding
team to prevent and curb illegal transport of cattle
and for enforcement of Transport of Animal Rule,
1978.
W.P.(C) No.2316/2017 Page 2 of 5

d) Writ, order or direction in the nature of
Mandamus or any other appropriate writs, order,
direction for directing the Respondents Union of
India through the Secretary Ministry of
Environment, Forest and Climate Change,
Ministry of Home Affairs, Ministry of Road
Transport and Highways, Ministry of Food
Processing Industries Animal Welfare Board of
India, Government of Delhi and NCT through the
Secretary Department of Environment,
Department of Home, Department of Food Safety
and East Delhi Municipal Corporation for issuing
guidelines to be followed by the slaughter houses
and to comply strictly with such guidelines or else
hold them accountable and liable in cases of
failure of compliance thereof.
e) Pass such other order or orders as this Hon’ble

Court may deem fit in the facts and circumstances
of this case and in the interest of justice, equity
and good conscience.”
4. It cannot be denied that the issues flagged by the writ

petitioner are important and that the requirement with the statutory
provisions of Prevention of Cruelty to Animals Act, 1960 as well
as Rules 47 to 56 of the Transport of Animals Rules, 1978 is
mandatory. No violation thereof can be countenanced.
5. In the counter affidavit filed by the Delhi Police, a Standing
Order No.31/2010, vide No.10001-10250/RB/PHQ dated
19.10.2010 has been placed before us. This Standing Order has
been issued to ensure compliance of provisions of the Prevention
of Cruelty to Animals Act, 1960.
6. The writ petitioner has pointed out that even though the
W.P.(C) No.2316/2017 Page 3 of 5

Standing Order has been put in place and continues to bind the
Delhi Police, the same is not being complied with.
7. The respondent No.1 to 4 – Union of India have also filed a
detailed counter affidavit. A perusal thereof would show that
though the reference is made to the enactment as well as the
Transport of Animals Rules, 1978, these respondents have largely
referred to the order dated 13th July, 2015 passed by the Supreme
Court in Gauri Maulekhi vs. Union of India [Writ Petition (Civil)
No.881/2014)] regarding illegal smuggling of animals from India
to Nepal.
Additionally, reference has been made to a Draft
Notification No.GSR 745 (E) notifying draft rules with regard to
the transportation of livestock, which was circulated as back as on
27th October, 2014 without anything more having been undertaken.
8. The respondent No.9-East Delhi Municipal Corporation has
filed the counter affidavit referring to slaughter houses and
meeting held on 16th January, 2014 with regard thereto.
9. It is evident from the above that necessary regime as well as
Rules stand notified and are put in place. The Delhi Police has also
issued the Standing Order as back as in the year 2010.
None of the affidavits filed before us has disclosed any
aspect of compliance with the provisions of the Prevention of
Cruelty to Animals Act, 1960 as well as Rules 47 to 56 of the
Transport of Animals Rules, 1978 thereof.
None of the authorities have placed before us any
prosecution or punitive action against even a single person for
W.P.(C) No.2316/2017 Page 4 of 5

violating the same.
To say the least, not a single instance of violation of
statutory provisions has been pleaded in the counter affidavits.
10. The petitioner has placed some photographs of actual
instances of violations and has also referred to twenty one First
Information Reports registered by the Delhi Police.
Action on these complaints deserve to be taken.
11. In view of the above, it is directed that the respondents shall
ensure compliance of the provisions of the Prevention of Cruelty to
Animals Act, 1960 as well as Rules 47 to 56 of the Transport of
Animals Rules, 1978.
12. The police shall abide strictly by the requirement of the
Standing Order of 2010.
13. The respondents shall ensure very prompt action upon every
complaint received regarding illegal transportation of the animals
in violations of the aforesaid legal provisions including the FIRs
already registered by them.
This writ petition is disposed of in the above terms.
ACTING CHIEF JUSTICE
C.HARI SHANKAR, J
DECEMBER 15, 2017/pmc
W.P.(C) No.2316/2017 Page 5 of 5

REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
WRIT PETITION (C) No.309 of 2003
Laxmi Narain Modi …. Petitioner
Versus
Union of India and others …. Respondents
O R D E R
K.S. Radhakrishnan, J.
1. We have passed a detailed order on 9.7.2013 expressing the
apprehension as to whether the Committees constituted, following our
earlier order dated 23.8.2012, are effectively functioning and
whether proper steps are being taken for proper implementation of
the provisions of the various legislations which have been passed,
with regard to the transportation of animals, maintaining of
slaughter houses, effluent and solid waste disposal etc.
2. Vide our order dated 9.7.2013, we had directed all the State
Governments/Union Territories to file their action taken reports
within one month. Few of the States have filed the action taken
reports detailing the functioning of the Committees constituted. We
also directed the MoEF to finalize the guidelines for the effective
and proper functioning of the State Committees for overseeing the
1
functioning of the slaughter houses. In obedience to our direction,
the MoEF, on 27.8.2013, filed a compliance report enclosing the
broad framework to be followed by the State Committees for effective
supervision of the slaughter houses and also with regard to the
transportation of animals, loading and unloading, effluent disposal,
solid waste disposal and also with regard to the periodical
inspection of slaughter houses by the respective State Animal
Welfare Boards.
3. We reiterate the importance of proper implementation of the
provisions of the Prevention of Cruelty to Animals (Establishment
and Registration of Societies for Prevention of Cruelty to Animals)
Rules, 2000, the Environment Protection Act, 1986, the Solid Wastes
(Management and Handling) Rules, 2000 and the Prevention of Cruelty
to Animals (Slaughter House) Rules, 2000. Over and above, it is
also of extreme importance that all the State Governments, the State
Animal Welfare Boards, Pollution Control Board etc. should
scrupulously follow the guidelines issued by the MoEF, in obedience
to the direction given by this Court on 10.10.2012. The guidelines
are extracted hereinbelow for easy reference:
“GUIDELINES FOR TRANSPORTATION OF ANIMALS AND SLAUGHTER HOUSES
RESPONSIBILITIES OF ANIMAL HUSBANDRY DEPARTMENT
Any livestock which are procured from the market are to be

certified by a Veterinary Surgeon for issuing a fitness certificate
in the form specified by the Central Government for the purpose of
transportation.
The loading and unloading of the animals in the market place and
before transportation shall be supervised by the concerned
2
officials of the Animal Husbandry Department to ensure that the
animals are not subjected to unnecessary pain or suffering.
In addition to the above health certificate a certificate has to

be issued as per the Rule 96 of the Transport of Animals
(Amendment) Rules, 2001 by the Officer of the Animal Husbandry
Department not below the rank of Assistant Director/Deputy
Director/Chief Veterinary Officer.
The Animal Husbandry authority shall ensure that all animals are
provided with shade, shelter, food and water as necessary and they
are tethered securely in a way which does not cause unnecessary
discomfort to animals.
The Animal Husbandry Department shall ensure that the sick, lame,
injured and pregnant animals are not transported for Slaughter.
They should also ensure that the animals are never lifted or
dragged by head, horns, ears, feet, tail or any other part of the
Body which might cause unnecessary suffering.
DOCUMENTATION BY DIFFERENT AUTHORITIES
It should be ensured that 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 types of
cattle being transported and quantity of rations and food provided.
The consignor shall be informed about the train or vehicle in

which the consignment of cattle is being sent and its arrival time
in advance.
The consignment of cattle shall be booked by the next train or

vehicle and shall not be detained after the consignment is accepted
for booking.
GUIDELINES TO BE FOLLOWED BY THE AUTHORITIES FOR TRANSPORTATION

OF DIFFERENT ANIMALS (CATTLE, SHEEP AND GOAT, PIG) THROUGH RAIL
OR RAOD.
The average space provided per cattle in Railway wagon or vehicle

shall not be less than two square metres.
Suitable rope and platforms should be used for loading cattle

from vehicles.
In case of railway wagon the dropped door of the wagon may be

used as a ramp when loading or unloading is done to the platform.
Cattle shall be loaded after they are properly fed and given
water.
3
Watering arrangements on route shall be made and sufficient
quantities of water shall be carried for emergency.
Sufficient feed and fodder with adequate reserve shall be carried

to last during the journey.
Adequate ventilation shall be ensured.
Emergency / first-aid equipment is carried.
Vehicle should have suitable ramps and platforms for loading and
unloading.
There should be sufficient bedding on the floor of the vehicle.
Vehicle breast bars should be properly placed.
Vehicles are maintained so as not to cause injury, pain or

suffering.
Vehicle is clearly identified as an animal carrier.
There is a permanent indication of the maximum animal/vehicle

load.
The latest amended space allowance for transporting the cattle by

rail or vehicle is given in the Table I & II given below:
Cattle weighing upto 200 1 Square Meter (Sq.

Kg. Mtr.)
Cattle weighing 200-300 1.20 Square Meter
Kg. 1.40 Square Meter
Cattle weighing 300-400 2.0 Square Meter
Kg.
Cattle weighing above 400
Kg.
TABLE – II
Space requirement for Cattle while being transported in

commonly sized road vehicles
Number of Cattle
Vehicle Floor Cattle Cattle Cattle Cattle
Size Area of weighing weighing weighing weighing
Length x Vehicle upto 200 200-300 300-400 above 4r00
Width in kg (1 Sq. Kg (1.20 Kg (1.40 Kg (2.0 Sq.
Square Square mtr. Sq. mtr Sq. mtr. mtr. Space
Meter Meter Space per space per Space per per cattle)
4
(Sq. cattle) cattle) cattle)
mtr.)
6.9 x 2.4 16.56 16 14 12 8
5.6 x 2.3 12.88 12 10 8 6
4.16 x 7.904 8 6 6 4
1.9
2.9 x 5.481 5 4 4 2
1.89
GUIDELINES FOR TRANSPORT OF SHEEP AND GOATS BY RAIL OR ROAD

INVOLVING JOURNEYS OF MORE THAN SIX HOURS
- Sheep and goats shall be transported separately; but if lots

are small special partition shall be provided to separate them.
Rams and male young stock shall not be mixed with female stock in
the same compartment.
Sufficient food and fodder shall be carried to last during the

journey and watering facility shall be provided at regular
intervals.
Material for padding, such as straw, shall be placed on the floor

to avoid injury if an animal lies down, and this shall be not less
than 5 cm thick.
PRECAUTIONS TO BE TAKEN WHILE TRANSPORTING SHEEP AND GOATS
- The animals shall not be fettered unless there is a risk of

their jumping out and their legs shall not be tied down.
Adequate ventilation shall be provided in every wagon. Upper door of

one side of wagon shall be kept open and properly fixed and the upper
door of the wagon shall have wire gauge closely welded mesh
arrangements to prevent burning cinders from the engines entering the
wagon and leading to fire breakout.
The space required for a goat shall be the same as that for a
woolled sheep and the approximate space required for a sheep in a
goods vehicle or a railway wagon is prescribed in the Rules.
Goods vehicles of capacity of 5 or 4½ tons, which are generally used

for transporting animals, shall carry not more than forty sheep or
goats.
In the case of large goods vehicles and wagons, partitions shall be

provided at every two or three meters across the width to prevent the
crowding and trapping of sheep and goats.
5
In the case of ewes, goats or lambs or kids under six weeks of age,
separate panels shall be provided.
Note: the latest space allowance required for transportation of

sheep and goats is given below:
Approximate weight of animals in Space required in

Kilogram Square Meter
Wooled
Shorn
Not more than 20 0.17
More than 20 but not more than 0.16
25 0.19
30 0.23
40 0.27
More than 40 0.25
0.32
0.29
GUIDELINES FOR TRANSPORT OF PIGS BY RAIL OR ROAD “PIGS” INCLUDES

PIGLETS, HOGS, HOGLETS AND ANIMALS OF PIGS FAMILY INVOLVING
JOURNEY MORE THAN SIX HOURS
MANDATORY REQUIREMENTS
A valid health certificate by a veterinary doctor to the effect

that the pigs are in a fit condition to travel by rail or road and
are not suffering from infectious or contagious or parasitic disease
shall accompany each consignment in the transport of pigs by rail or
road.
In addition to the above health certificate a certificate has to be

issued as per the Rule 96 of the Transport of Animals (Amendment)
Rules, 2001 by the officer of the Animal Husbandry Department not
below the rank of Assistant Director/Deputy Director; Chief
Veterinary Officer.
In the absence of a certificate under sub-rule (1), the carrier

shall refuse to accept the consignment for transport.
The certificate under sub rule (1) shall be in a form specified in

Schedule-K.
GUIDELINES FOR CONSIGNOR AND CONSINEE
6
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 pigs being transported and quantity
of rations and food provided to them.
The consignee shall be informed in advance about the train or

vehicle in which the consignment of pigs is being sent and its
arrival time.
The consignment of pigs shall be booked by the next train or

vehicle and shall not be detained after the consignment is accepted
for booking.
First-aid equipment shall accompany the pigs.
Suitable ramps shall be provided for loading and unloading the

pigs.
In the case of a railway wagon, when the loading or unloading is

done on the platform the dropped door of the wagon shall be used as a
ramp.
NECESSARY PRECAUTIONS TO BE FOLLOWED
While transporting group of pigs by rail or road, male young stock

shall not be mixed with female stock in the same compartment.
While transporting pigs by rail or road, sufficient food and fodder

shall be carried to last during the journey and watering facility
shall be provided at regular intervals.
While transporting pigs by rail or road, materials for padding,

such as straw, shall be placed on the floor to avoid injury if an
animal lies down, and this shall be not less than 5 cm thick.
While transporting pigs by rail or road, the animals shall not be
fettered unless there is a risk of their jumping out and their legs
shall not be tied down.
SPACE REQUIREMENT DURING RAIL TRAVEL – IN TRANSPORT OF PIGS BY

RAIL
No railway wagon shall accommodate more than the number of pigs as

specified in the Table below:
Broad gauge Meter gauge Narrow gauge

(1) (2) (3)
Area of Area of Area of Area of
wagon wagon Wagon Wagon
Less than 21.1 Less than 12.5
21.1 Square 12.5 Square
Square Metre and Square Metre and Not allowed
7
Metre above Metre above
Number of Number of Number of Number of
Pigs 35 Pigs 50 Pigs 25 Pigs 30
Adequate ventilation shall be provided in every wagon and the upper

door of one side of wagon shall be kept open and properly fixed and
the upper door of the wagon shall have wire gauge closely welded mesh
arrangements to prevent burning cinders from the engines entering the
wagon and leading to fire breakout.
SPACE REQUIREMENT DURING ROAD TRAVEL – IN TRANSPORAT OF PIGS BY

ROAD
Goods vehicles of capacity of 5 or 4.5 tons, which are generally

used for transportation of animals, shall carry not more than twenty
pigs.
In the case of large goods vehicles and containers, partition shall

be provided at every two or three metres across the width to prevent
the crowding and trapping of pigs.
In the case of pigs under six weeks of age, separate panels shall
be provided.
Note: The latest update on number of pigs which can be

transported through rail is given below:
“Broad Gauge (1)

Area of Wagon
VPU having Floor Area 63.55 Square Meter
Number of Pigs 104 (0.61 Square Meter
per Pig)”
(2) The latest update on number of pigs which can be

transported through vehicle is given below:
Maximum number of Pigs permitted for Road

Vehicles
S. No. Type of Vehicle Vehicle Vehicle Vehicle
Animal having having having having size
size 5.6m size 5.15 size 2.9m x 2.0
x 2.35m m x 2.18 3.03m x m
m 2.18 m
1. Weaner 43 37 22 19
2. Young 31 26 15 13
3. Adult 21 18 10 9
8
Note:- For the purpose of Pigs of all breeds, ages and sex, the
following Space allowances shall apply:
Weaner – Piglet which has just been separate from the mother for
the purpose of independent rearing and commonly in the weight range
of 12 kg – 15 kg.
Young – Male or female pig between 0.3 to 0.6 months of age and
commonly in the weight range of 15 Kg – 50 Kg.
Adult – A male or female pig above 06 months of age and having weigh
more than 50 Kg.
SPECIFICATIN TO BE FOLLOWED FOR UNLOADING AND TILL THE ANIMALS ARE
SUBJECT TO SLAUGHTER
The reception area of slaughter house shall have proper ramps for
direct unloading of animals from vehicles or railway wagons and the
said reception area shall have adequate facility sufficient for
feeding and watering of animals.
The unloading of animals should be supervised by the animal

husbandry authorities.
Separate isolation pens shall be provided in slaughter house with

watering and feeding arrangements for animals suspected to be
suffering from contagious and infectious diseases, and fractious
animals, in order to segregate them from the
.
Ante-mortem and pen area on slaughter house shall be paved

remaining animals.
Adequate holding area shall be provided in slaughter house

according to the class of animals to be slaughtered and the said
holding area shall have water and feeding facilities.
The resting grounds in slaughter house shall have overhead

protective shelterswith impervious material such as concrete non-
slippery herring-bone type suitable to stand wear and tear by hooves,
or brick, and pitched to suitable drainage facilities and the curbs
of said impervious material 150 to 300 mm high shall be provided
around the borders of livestock pen area, except at the entrances and
such pen shall preferably be covered.
Every animal after it has been subjected to veterinary inspection

shall be passed on to a lairage for resting for 24 hours before
slaughter.
9
The lairage of the slaughter house shall be adequate in size
sufficient for the number of animals to be laired.
The space provided in the pens of such lairage shall be not less
than 2.8 sq. mt. per large animal and 1.6 sq. mt. per small animal.
The animals shall be kept in such lairage separately depending upon

their type and class and such lairage shall be so constructed as to
protect the animals from heat, cold and rain.
The lairage shall have adequate facilities for watering and post-
mortem inspection.
Feeding and watering arrangements in the Animal Holding area should

be made available.
Whether ante and post mortem examination by a qualified

Veterinarian is being carried out.
Animals not to be slaughtered except in recognized or licensed

houses.
No person shall slaughter any animal within a municipal area except

in a slaughter house recognized or licensed by the concerned
authority empowered under the law for the time being in force to do
so.
No animal which is pregnant, or has an offspring less than three

months old, or is under the age of three months or has not been
certified by a veterinary doctor that it is in a fit condition to be
slaughtered, shall be slaughtered.
The slaughter house shall have a reception area of adequate size

sufficient for livestock subject to veterinary inspection.
The veterinary doctor shall examine thoroughly not more than 12

animals in an hour and not more than 96 animals in a day.
METHOD OF SLAUGHTER OF ANIMAL AND PROCEDURE
No animal shall be slaughtered in a slaughter house in sight of

other animals.
- No animal shall be administered any chemical, drug or hormone

before slaughter except drug for its treatment for any
specific disease or ailment.
- The slaughter halls in a slaughter house shall provide

separate sections of adequate dimensions sufficient for
slaughter of individual animals to ensure that the animals to
be slaughtered is not within the slight of other animals.
10
- Knocking section in slaughter house may be so planned as to
suit the animal and particularly the ritual slaughter, if any
and such knocking section and dry landing area associated with
it shall be so built that escape from this section can be
easily carried out by an operator without allowing the animal
to pass the escape barrier.
BROAD FRAMEWORK UNDER ENVIRONMENT (PROTECTION) ACT 1986 AND RULES

FRAMED THEREUNDER:
Effluent Disposal:
The affluent disposal standards notified under the Environment
(Protection) Rules, 1986 are:
Category Parameters Concentrat

ion in not
to exceed,
mg/1
A. Slaughter
House
Above 70 BOD (3 days at 27ºC) 100
TLWK/day Suspended Solids 100
Oil and Grease 10
70 TLWK/day and BOD (3 days at 27ºC) 500
below
B. Meat
Processing
BOD (3 days at 27ºC) 30
Suspended Solid 50
Oil and Grease 10
Note: (i) TLWK – Tonnes of Live Weight Killed: (ii) In case of

disposal into municipal sewer where sewage is treated, the
industries shall install screen and oil & grease separation units:
(iii) The industries having slaughter house along with meat
processing units will be considered in meat processing category as
far as standards are concerned.
The Pollution Control Board may specify more stringent standards

from the above depending upon the quality requirement of recipient
system.
Solid waste disposal:
As per the Municipal Solid Waste (Management and Handling) Rules,

2000, the wastes from slaughter house, meat and fish markets,
fruits and vegetables markets, which are biodegradable in nature,
shall be managed to make use of such wastes.
11
INSPECTION OF SLAUGHTER HOUSE: (1) The Animals Welfare Board of
India or a State Animals Welfare Board or any person who is
qualified veterinarian is authorized by Animal Welfare Board of
India may at least once in every six months period, inspect any
slaughter house without notice to its owner or the person in-
charge of it at any time during the working hours to ensure that
the provisions of these rules are being complied with.
(2) The person or the Animal Welfare Organization authorized under

sub-rule (1) shall after inspection send its report to Animal
Welfare Board of India as well as to the municipal or local
authority for appropriate action including initiation of legal
proceedings, if any, in the event of violation of any provisions
of these rules.”
4. We direct all the State Governments/UTs and the Committees
constituted to effectively follow the above-mentioned guidelines.
For giving further directions, initially we are inclined to direct
the States of Tamil Nadu, Karnataka, Kerala, Delhi, Maharashtra and
Uttar Pradesh to implement the provisions of the Act mentioned
earlier as well as the guidelines issued by the MoEF, and file an
action taken report within three months. Post after three months
along with the Action Taken Reports. Communicate the order to the
Chief Secretaries of the above-mentioned States.
…………………………………..J.
(K. S. RADHAKRISHNAN)
…………………………………..J.
(PINAKI CHANDRA GHOSE)
New Delhi,
August 27, 2013
12
REVISED
ITEM NO.301 COURT NO.8 SECTION PIL
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
WRIT PETITION (CIVIL) NO(s). 309 OF 2003
LAXMI NARAIN MODI Petitioner(s)
VERSUS
UNION OF INDIA & ORS. Respondent(s)
(With appln(s) for permission to file rejoinder affidavit, directions,

permission to file addl. affidavit, documents and submissions with
office report)
WITH W.P(C) NO. 330 of 2001

(With appln. for directions)
W.P(C) NO. 688 of 2007
(With appln. for stay)
W.P(C) NO. 44 of 2004
(With appln. for exemption from filing O.T. and directions)
SLP(C) NO. 14121 of 2009
(With appln. for directions, refund of costs and office report)
Date: 27/08/2013 These Petitions were called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE K.S. RADHAKRISHNAN
HON'BLE MR. JUSTICE PINAKI CHANDRA GHOSE
Counsel for the parties
Mr. Pranab Kumar Mullick, Adv.

Ms. Soma Mullick, Adv.
Mr. Raj Panjwani, Sr. Adv.

Ms. Purnima Bhat Kak, Adv.
Mr. Vijay Panjwani, Adv.
Mr. Rakesh Khanna, ASG

Mr. Aditya Singh, Adv.
Ms. Kiran Bhardwaj, Adv.
for Mr. S.N. Terdal, Adv.
Mr. D.S. Chadha, Adv.
Mr. Pradhuman Gohil, Adv.
Mr. Vikash Singh, Adv.
...2/-
13
: 2 :
Ms. Bina Madhavan, Adv.
Mr. Anip Sachthey, Adv.

Mr. Saakaar Sardana, Adv.
Mr. M. Yogesh Kanna, Adv.

Mr. A. Santha Kumaran, Adv.
Ms. Sasi Kala, Adv.
Mr. Aniruddha P. Mayee, Adv.

Mr. Charudatta Mahindrakar, Adv.
Mr. Mishra Saurabh, Adv.
Ms. Asha G. Nair, Adv.

Mr. Chetan Chawla, Adv.
Mr. Suryanarayana Singh, Adv.

for Ms. Pragati Neekhra, Adv.
Ms. Aruna Mathur, Adv.

Mr. Yusuf Khan, Adv.
Ms. Nishi Sharma, Adv.
for M/s. Arputham Aruna & Co.
Mr. Gopal Prasad, Adv.

Mr. Jayesh Gaurav, Adv.
Ms. Vibha Datta Makhija, Adv.

Mr. M.P. Singh, Adv.
Mr. Sunil Fernandes, Adv.

Ms. Insha Mir, Adv.
Ms. Astha Sharma, Adv.
Mr. Mandeep Vinayak, Adv.

Ms. Anjali Sharma, Adv.
Ms. Praveena Gautam, Adv.
DAH, Goa Mr. Bhavanishankar V. Gadnis, Adv.

Ms. Sunita B. Rao, Adv. (NP)
Mr. B.D. Sharma, Adv.

Mr. N. Vyas, Adv.
Ms. Deep Shikha Bharati, Adv.
Mr. Ved P. Arya, Adv.
Mr. S.C. Verma, Adv.
...3/-
14
: 3 :
Mr. Sanchar Anand, AAG
Mr. Krishna Sarma, Adv.

Mr. Riku Sharma, Adv.
Mr. Mohan Prasad Gupta, Adv.
Ms. Sunita Sharma

Mr. M. Khairati, Adv.
Mr. Vikas Malhotra, Adv.
Haryana Mr. Manjit Singh, AAG
Mr. V.G. Pragasam, Adv.

Mr. S.J. Aristotle, Adv.
Mr. Prabu Ramasubramanian, Adv.
Mr. Irshad Ahmed, AAG

Mr. Samir Ali Khan, Adv.
Mr. Ranjan Mukherjee, Adv.

Mr. S.C. Ghosh, Adv.
Mr. S. Bhowmick, Adv.
Mr. R.P. Yadav, Adv.
Arunachal Pradesh Mr. Anil Shrivastav, Adv.

Mr. Rituraj Biswas, Adv.
Tripura Mr. Rituraj Biswas, Adv.

for Mr. Gopal Singh, Adv.
Bihar Mr. Chandan Kumar, Adv.

for Mr. Gopal Singh, Adv.
Mr. K. Enatoli Sema, Adv.

Mr. Amit Kr. Singh, Adv.
Mr. Pragyan Pradip Sharma, Adv.

Mr. Heshu Kayina, Adv.
Manipur Mr. Sapam Biswajit Meitei, Adv.

Mr. Kh. Nobin Singh, Adv.
Mr. Mukesh Verma, Adv.

for Mr. Yash Pal Dingra, Adv.
Mr. B.S. Banthia, Adv. (NP)
...4/-
15
: 4 :
Mr. V.K. Verma, Adv.
Mr. Nikhil Nayyar, Adv.
Mr. R. Ayyam Perumal, Adv.
Mr. Pradeep Misra, Adv.
Mr. P.V. Yogeswaran, Adv.
Mr. B.S. Banthia, Adv.
Mr. Dharam Bir Raj Vohra, Adv.
Mr. Abhijit Sengupta, Adv.
Mr. Kuldip Singh, Adv. (NP)
Mr. V.N. Raghupathy, Adv.
Mr. P.V. Dinesh, Adv. (NP)
Mr. Ashok K. Srivastava, Adv.
Mr. C.D. Singh, Adv.
Mr. Anuvrat Sharma, Adv.
Mr. Punit Dutt Tyagi, Adv.
Mr. Tara Chandra Sharma, Adv. (NP)
Ms. Kamini Jaiswal, Adv.
Mr. Sanjay R. Hegde, Adv.
Mr. Mukesh K. Giri, Adv.
Mr. Shibashish Misra, Adv.
Mr. Arun K. Sinha, Adv.
Ms. Hemantika Wahi, Adv.
Mr. T.V. Ratnam, Adv.
Ms. Sumita Hazarika, Adv.
...5/-
16
: 5 :
Mr. Mohan Prasad Meharia, Adv.
Mr. Aruneshwar Gupta, Adv.
Mr. K.R. Sasiprabhu, Adv.
Mr. Naresh K. Sharma, Adv.
Mr. Ajay Pal, Adv.
Mrs. Manik Karanjawala, Adv. (NP)
Ms. C.K. Sucharita, Adv.
UPON hearing counsel the Court made the following

O R D E R
Mr. Rakesh Khanna, learned ASG appearing for the

MoEF, submits that he will file a report regarding the
status of the slaughter houses in Ghazipur, Delhi.
We direct the Commissioner of the East Delhi
Municipal Corporation to file a Status Report, within four
weeks, indicating the steps taken by them to comply with
the various directions issued by the MoEF under the heading
'Broad Framework for the State Committees for Slaughter
Houses' in compliance with this Court's order dated October
10, 2012.
Mr. P.K. Mullick, counsel for the petitioner, and
Mr. Vijay Panjwani, counsel appearing for the Central
Pollution Control Board, submitted that they would like to
personally visit Ghazipur and submit a report to this
Court. We record our appreciation for their kind gesture
and are permitted to do so.
The State Governments, which are yet to file the
Status Report indicating their compliance with the
directions issued by the MOEF, as mentioned above, are
allowed three weeks' time to file the same.
...6/-
17
: 6 :
Put up on October 01, 2013 at 3.30 p.m.
(N.S.K. Kamesh) (Renuka Sadana)

Court Master Court Master
(separate signed reportable order is placed on the file)
18
1
REPORTABLE
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 5387 OF 2014

(@ Special Leave Petition (Civil) No.11686 of 2007)
Animal Welfare Board of India …. Appellant
Versus
A. Nagaraja & Ors. ….

Respondents
WITH

CIVIL APPEAL NOS. 5389-5390 OF 2014

(@ Special Leave Petition (Civil) Nos.18804-18805 of
2009)




(@ Special Leave Petition (Civil) No. 12789 of 2014)
(@ SLP(C) CC…4268 of 2013)
Page 1
2
WRIT PETITION (C) NO.145 OF 2011
AND
T.C. (C) Nos.84, 85, 86, 97, 98 and 127 of 2013
K.S. Radhakrishnan, J.
1. Leave granted.
2. We are, in these cases, concerned with an issue of
seminal importance with regard to the Rights of Animals
under our Constitution, laws, culture, tradition, religion
and ethology, which we have to examine, in connection
with the conduct of Jallikattu, Bullock-cart races etc. in the
States of Tamil Nadu and Maharashtra, with particular
reference to the provisions of the Prevention of Cruelty to
Animals Act, 1960 (for short ‘the PCA Act’), the Tamil Nadu
Regulation of Jallikattu Act, 2009 (for short “TNRJ Act”)
and the notification dated 11.7.2011 issued by the Central
Government under Section 22(ii) of the PCA Act.
3. We have two sets of cases here, one set challenges
the Division Bench Judgment of the Madras High Court at
Madurai dated 09.03.2007, filed by the Animal Welfare
Page 2
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Board of India (for short “AWBI”), Writ Petition No. 145 of
2011 filed by an organisation called PETA, challenging the
validity of TNRJ Act and few other writ petitions transferred
from the Madras High Court at Madurai
challenging/enforcing the validity of the MoEF Notification
dated 11.07.2011 and another set of cases, like SLP No.
13199 of 2012, challenging the Division Bench judgment
of the Bombay High Court dated 12.03.2012 upholding the
MoEF Notification dated 11.07.2011 and the corrigendum
issued by the Government of Maharashtra dated
24.08.2011 prohibiting all Bullock-cart races, games,
training, exhibition etc. Review Petition No. 57 of 2012
was filed against the judgment of the Bombay High Court,
which was dismissed by the High Court on 26.11.2012,
against which SLP No. 4598 of 2013 has been filed.
4. ABWI, a statutory Board, established under Section 4
of the PCA Act for the promotion of animal welfare and for
the purpose of protecting the animals from being
subjected to unnecessary pain or suffering has taken up a
specific stand that Jallikattu, Bull/Bullock-cart races etc.,
Page 3
4
as such, conducted in the States of Tamil Nadu and
Maharashtra respectively, inherently violate the provisions
of the PCA Act, particularly, Section 3, Sections 11(1)(a) &
(m) and Section 22 of the PCA Act. ABWI, through its
reports, affidavits and photographs, high-lighted the
manner in which Jallikattu is being conducted, especially in
the Southern Part of the State of Tamil Nadu, and how the
bulls involved are physically and mentally tortured for
human pleasure and enjoyment. Details have also been
furnished by the 2nd respondent, in SLP No. 13199 of 2012,
along with photographs explaining how the Bullock-cart
race is being conducted in various parts of the State of
Maharashtra and the torture and cruelty meted out to the
bullocks. ABWI has taken up the stand that, by no stretch
of imagination, it can be gainsaid that Jallikattu or Bullock-
cart race conducted, as such, has any historical, cultural
or religious significance, either in the State of Tamil Nadu
or in the State of Maharashtra and, even assuming so, the
welfare legislation like PCA Act would supersede the same,
being a Parliamentary legislation. ABWI has also taken up
the specific stand that the bulls involved in Jallikattu,
Page 4
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Bullock-cart race etc. are not “performing animals” within
the meaning of Sections 21 and 22 of the PCA Act and that
the MoEF, in any view, was justified in issuing the
notification dated 11.7.2011 banning the exhibition of
Bulls or training them as performing animals on accepting
the stand taken by it before this Court. Further, it has also
taken up the stand that the TNRJ Act is repugnant to the
provisions of the PCA Act and the rules made thereunder
and State cannot give effect to it in the absence of the
assent of the President under Article 254 of the
Constitution of India. Further, ABWI also submits that the
Bulls which are forced to participate in the race are
subjected to considerable pain and suffering, which clearly
violates Section 3 and Sections 11(1)(a) & (m) of the PCA
Act read with Article 51A(g) and Article 21 of the
Constitution of India and hence exhibition or training them
as performing animals be completely banned.
5. Organizers of Jallikattu and Bullock-cart races,
individually and collectively, took up the stand that these
events take place at the end of harvest season (January
Page 5
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and February) and sometimes during temple festivals
which is traditionally and closely associated with village
life, especially in the Southern Districts of the State of
Tamil Nadu. Organizers of Bullock-cart races in the State
of Maharashtra also took the stand that the same is going
on for the last more than three hundred years by way of
custom and tradition and that extreme care and
protection are being taken not to cause any injury or pain
to the bullocks which participate in the event. Organizers
also submitted that such sport events attract large
number of persons which generates revenue for the State
as well as enjoyment to the participants. Further, it was
also stated that no cruelty is meted out to the performing
bulls in Bullock-cart races so as to violate Section 11(1)(a)
of the PCA Act and the District Collector, Police Officials
etc. are always on duty to prevent cruelty on animals.
Further, it is also their stand that the sport events can only
be regulated and not completely prohibited and the State
of Tamil Nadu has already enacted the TNRJ Act, which
takes care of the apprehensions expressed by the Board.
Page 6
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6. The State of Tamil Nadu has also taken up the stand
that every effort shall be made to see that bulls are not
subjected to any cruelty so as to violate the provisions of
the PCA Act and the sport event can be regulated as per
the provisions of the TNRJ Act. Further, it was also pointed
out that the bulls taking part in the Jallikattu, Bullock-cart
Race etc. are specifically identified, trained, nourished for
the purpose of the said sport event and owners of Bulls
spend considerable money for training, maintenance and
upkeep of the bulls. Further, the State has also taken up
the stand that the Bulls are “performing animals”, and
since there is no sale of tickets in the events conducted,
Section 22 will not apply, so also the notification dated
11.7.2011. State has also taken up the stand that
complete ban on such races would not be in public
interest which is being conducted after harvest season
and sometimes during temple festivals as well. The State
of Maharashtra has not challenged the judgment of the
Bombay High Court and hence we have to take it that the
State is in favour of banning the exhibition or training of
Page 7
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Bulls, whether castrated or otherwise as performing
animals.
7. MoEF, as early as on 2.3.1991, issued a notification
under Section 22 of PCA Act banning training and
exhibition of bears, monkeys, tigers, panthers and dogs,
which was challenged by the Indian Circus Organization
before the Delhi High Court but, later, a corrigendum was
issued, whereby dogs were excluded from the notification.
On the direction issued by the Delhi High Court, a
Committee was constituted and, based on its report, a
notification dated 14.10.1998 was issued excluding dogs
from its purview, the legality of the notification was
challenged before this Court in N. R. Nair Others v.
Union of India and Others (2001) 6 SCC 84, which
upheld the notification. Later, MoEF issued a fresh
notification dated 11.7.2011, specifically including “Bulls”
also, so as to ban their exhibition or training as performing
animals, while this Court was seized of the matter.
8. MoEF has now abruptly taken up the stand that
though “Bull” has been included in the list of animals, not
Page 8
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to be exhibited or trained as “performing animal” vide
Notification dated 11.07.2011, it has been pointed out
that, in order to strike a balance and to safeguard the
interest of all stakeholders, including animals, and keeping
in mind the historical, cultural and religious significance of
the event, and with a view to ensure that no unnecessary
pain or suffering is caused to the animals, participants as
well as spectators, the Government proposes to exempt
bulls participating in Jallikattu in the State of Tamil Nadu
from the purview of the Notification dated 11.07.2011,
subject to the guidelines, copy of which has been provided
along with the affidavit filed by the Deputy Secretary,
MoEF.
9. Shri Raj Panjwani, learned senior counsel appearing
for AWBI as well as for the Petitioner in Writ Petition No.
145 of 2011, submitted that the event Jallikattu, even if
conducted following the TNJR Act, would still violate the
provisions of PCA Act, especially Section 11(1)(a).
Learned senior counsel submitted that Jallikattu, as an
event, involves causing the Bull pain and suffering and
Page 9
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cannot be free from cruelty and hence falls within the
meaning of Section 11(1)(a). Further, it was pointed out
that, during Jallikattu, the Bulls, it is observed, carry out a
flight response, indicating both fear and pain and
suffering. Shri Panjwani made considerable stress on the
words “or otherwise” in Section 11(1)(a) and submitted
that any act which inflicts unnecessary pain or suffering
on an animal is prohibited unless it is specifically
permitted under any of the provisions of PCA Act or the
rules made thereunder. Shri Panjwani also submitted that
since the event Jallikattu, as such, is an offence under
Section 11(1)(a), through a State Act, it can neither be
permitted nor regulated and hence the State Act is void
under Article 245(1) of the Constitution, in the absence of
any Presidential Assent.
10. Shri Rakesh Dwivedi, learned senior counsel
appearing for State of Tamil Nadu, referring to Section
11(3) of PCA Act, submitted that the Act does not prohibit
the infliction of all forms of pain or suffering on animals
and hence Section 11(1)(a) has to be read and understood
Page 10
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in that context. Referring to Sections 11(1)(a), (g), (h), (j),
(m) and (n), learned senior counsel submitted that the
expression “unnecessary pain or suffering” is not used in
those clauses and hence the events like Jallikattu, which
do not cause that much of pain or suffering on the animal,
cannot be completely prohibited, but could only by
regulated.
11. Shri Bali, learned senior counsel appearing for the
organizers, highlighted the historical and cultural
importance of Jallikattu event and submitted that, taking
into consideration the nature of the event, the same would
not cause any unnecessary pain or suffering to the Bulls
which participate in that event, so as to violate Section 3
or Section 11(1)(a) of PCA Act. Learned senior counsel
submitted that such events could be regulated under the
regulations framed under TNRJ Act as well as the
additional safeguards taken by the State Government and
the proposed guidelines framed by MoEF. Learned senior
counsel also submitted that the mere fact that there has
been some violation of the regulations would not mean
Page 11
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that the entire event be banned in the State of Tamil Nadu
which, according to the learned senior counsel, will not be
in public interest. Learned senior counsel also referred to
the manner in which such events are being conducted
world-over, after taking proper precaution for the safety of
the animals used in those events.
12. We have to examine the various issues raised in
these cases, primarily keeping in mind the welfare and the
well-being of the animals and not from the stand point of
the Organizers, Bull tamers, Bull Racers, spectators,
participants or the respective States or the Central
Government, since we are dealing with a welfare
legislation of a sentient-being, over which human-beings
have domination and the standard we have to apply in
deciding the issue on hand is the “Species Best Interest”,
subject to just exceptions, out of human necessity.
Bulls –Behavioral ethology
13. Bulls (Bos Indicus) are herbivores, prey by nature
adopted to protest themselves when threatened engaging
in a ‘flight response’, that is run away stimulus, which they
Page 12
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find when threatening. Bulls, in that process, use their
horns, legs, or brute force to protect themselves from
threat or harm. Bulls are often considered to be herd
animals. Bulls move in a relaxed manner if they are within
a herd or even with other Bulls. Individual Bull exhibits
immense anxiety if it is sorted away from the herd. Bulls
vocalize when they are forced away from the rest of the
herd and vocalization is an indicator of stress. Bulls
exhibit a fight or flight response when exposed to a
perceived threat. Bulls are more likely to flee than fight,
and in most cases they fight, when agitated.
14. Bulls usually stand to graze and pattern of grazing
behavior of each herd member is relatively similar, which
moves slowly across the pasture with the muzzle close to
the ground and they ruminate resting. Bull is known to be
having resting behavior and will avoid source of noise and
disturbance and choose non-habitual resting sites if the
preferred ones are close to the noise or disturbance, which
is the natural instinct of the Bull. Study conducted also
Page 13
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disclosed that Bulls have long memories. Factors
mentioned above are the natural instincts of Bulls.
15. Bulls, as already indicated, accordingly to the animal
behavior studies, adopt flight or fight response, when they
are frightened or threatened and this instinctual response
to a perceived threat is what is being exploited in Jallikattu
or Bullock-cart races. During Jallikattu, many animals are
observed to engage in a flight response as they try to run
away from arena when they experience fear or pain, but
cannot do this, since the area is completely enclosed.
Jallikattu demonstrates a link between actions of humans
and the fear, distress and pain experienced by bulls.
Studies indicate that rough or abusive handling of Bulls
compromises welfare and for increasing Bulls fear, often,
they are pushed, hit, prodded, abused, causing mental as
well as physical harm.
JALLIKATTU
16. Jallikattu is a Tamil word, which comes from the term
“Callikattu”, where “Calli” means coins and “Kattu” means
a package. Jallikattu refers to silver or gold coins tied on
Page 14
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the bulls’ horns. People, in the earlier time, used to fight
to get at the money placed around the bulls’ horns which
depicted as an act of bravery. Later, it became a sport
conducted for entertainment and was called “Yeruthu
Kattu”, in which a fast moving bull was corralled with
ropes around its neck. Started as a simple act of bravery,
later, assumed different forms and shapes like Jallikattu (in
the present form), Bull Race etc., which is based on the
concept of flight or fight. Jallikattu includes Manjuvirattu,
Oormaadu, Vadamadu, Erudhu, Vadam, Vadi and all such
events involve taming of bulls.
17. AWBI gives a first hand information of the manner in
which the event of Jallikattu is being conducted in
Southern parts of Tamil Nadu, through three reports
submitted along with the additional affidavit filed by the
Secretary of the Animal Welfare Board, MoEF, Government
of India on 7.9.2013, flouting the various directions issued
by this Court, High Court and the regulatory provisions of
TNRJ Act. Dr. Manilal Vallyate and Mr. Abhishek Raje, the
Observors of AWBI, have submitted the first report
Page 15
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regarding Jallikattu events that took place at Avnlapuram
on 14.1.2013, Palamedu on 15.1.2013 and Alanganallur on
16.1.2013. Relevant portions of the reports read as
under:
“I. Executive Summary
In a comprehensive investigation authorized by

the Animal Welfare Board of India, investigators
observed jallikattu events at venues in
Avaniapuram, Palamedu and Alanganallur on the
14th, 15th and 16th of January 2013, respectively.
During the course of the investigation, one bull
died and many more were injured. Investigators
observed that bulls were forced to participate and
were deliberately taunted, tormented, mutilated,
stabbed, beaten, chased and denied even their
most basic needs, including food, water and
sanitation. The findings of this investigation
clearly show that bulls who are used in jallikattu
are subjected to extreme cruelty and unmitigated
suffering.
All the acts of cruelty to animals detailed in

the below observations contravene the
orders of the Supreme Court of India and
Madurai High Court, which mandate that
Page 16
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bulls should not be harmed or tortured in

any way. Such animal abuse is also in violation
of numerous clauses of section 11(1) of The
Prevention of Cruelty to Animals Act, 1960.
II. Welfare Implications and Violations of the

Law
1. Ear Cutting/Mutilation
At least 80 per cent of the bulls observed had their
ears cut, with three-fourths of the external ear
pinna absent. When asked about the reason for
the mutilation, many bull owners explained that by
cutting the ear, the animal would be able to hear
sounds even from the back, which they deemed to
be very important while the animals are in the
jallikattu arena.
Welfare Concerns
Cutting the external ear in no way helps to
improve a bull’s hearing. Instead, the bull loses
his natural ability to receive sounds signals with
appropriate positioning and movement of the ear
pinna. Cutting the ear causes intense pain and
distress as the external ear pinna consists of
cartilage and is highly vascular with a rich nerve
supply. The procedure leads to physiological,
neuroendocrine and behavioural changes in the
animal. Bulls strongly resist being touched on the
Page 17
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head or around the ear because of painful past

experiences. Many animals get agitated if
someone tries to do so.
Violation
This is a violation of section 11(1)(a) of The
Prevention of Cruelty to Animals Act, 1960, which
prohibits treating any animal in a way that causes
unnecessary pain or suffering, and section 11(1)
(l), which prohibits the mutilation of an animal’s
body.
2. Fracture and Dislocation of Tail Bones

Many bulls suffered from dislocated or even
amputated tails caused by deliberate pulling and
twisting.
Welfare Concerns
The tail, which has nearly 20 small bones, is an
extension of the spinal cord and vertebral column.
Dislocation and fracture of the tail vertebrae are
extremely painful conditions.
Violation
body.
Page 18
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3. Frequent Defecation and Urination

Ninety-five per cent of the bulls were soiled with
faeces from below the base of their tails and
across the majority of their hindquarters.
Welfare Concerns
Bulls were forced to stand together in
accumulated waste for hours on end. Frequent
defecation and urination are indicators of fear and
pain in cattle.
Violation
Section 11(1)(a) of The Prevention of Cruelty to
Animals Act, 1960, prohibits treating any animal in
a way that causes unnecessary pain or suffering.
4. Injuries and Death

Because of the absence of a contained “collection
area” in Avaniapuram, a bull died after a head-on
collision with a moving passenger bus. In
Palamedu, a terrified bull sustained a crippling leg
injury after he jumped more than 10 feet off a
narrow road to escape a mob carrying sticks. In
Alanganallur, two bulls, who were terrified after
being chased by onlookers, ran amok and fell into
open wells in an agriculture field. Both sustained
serious injuries.
Welfare Concerns
Page 19
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An injury involving muscles, bones, nerves and

blood vessels causes an animal tremendous pain.
A complete fracture of a lower joint in large
animals takes time to heal and leads to a
deformation of the leg that leaves the animal unfit
for any kind of work. Bulls also suffer from chronic
pain as well as mental trauma brought on by the
injury and the handlers’ and bull tamers’ cruel
treatment.
Violation
III. Cruel Practices and Violations of the

Law
1. Biting a Bull’s Tail
On many occasions, bulls’ tails bitten by the
organizers and owners of the animals in the
waiting area and inside the vadi vassal. The vadi
vassal is a chamber that is closed off from public
view. Abuse runs rampant in vadi vasals. Bulls
are poked, beaten and deliberately agitated before
they are forced into the jallikattu arena, where
more than 30 “bull tamers” are waiting.
Welfare Concerns
Page 20
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Considered an extremity of the body, a bull’s tail

has many vertebrae but very little muscle or
subcutaneous tissue to protect it. Any direct
pressure or injury to the tail bones causes extreme
pain that sends bulls into a frenzy.
Violation
2. Twisting a Bull’s Tail

Owners routinely beat the bulls and twist their
tails in order to induce fear and pain while they
are in the waiting area and the vadi vassal. Many
bulls had dislocated or even amputated tails.
Welfare Concerns
The tails, which has nearly 20 small bones, is an
extension of the spinal cord and vertebral column.
Frequent pulling and bending of the tail causes
extreme pain and may lead to a dislocation and/or
fracture of the tail vertebrae. This causes severe
chronic pain and psychological changes that make
an animal easily frightened when someone goes
behind him or tries to catch or hold his tail.
Violation
This is violation of section 11(1)(a) of The
Page 21
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body.
3. Poking Bulls with Knives and Sticks

Many bulls were poked with sticks by owners,
police officials and organizers inside the vadi
vassal and near the collection yard. People inside
the vadi vassal often poked bulls on their
hindquarters, aces and other parts of their bodies
with pointed wooden spears, tiny knives, sticks
and sickle-shaped knives used for cutting nose
ropes.
Welfare Concerns
Poking bulls with sticks or sharp knives causes
immense pain and agitation. Distressed bulls
often adopt a flight response and desperately try
to escape through the half-closed gates of the
vadi vasals. While attempting to flee from people
in the arena, agitated bulls often injure
themselves when they run into barricades, electric
polls, water tanks, tractor carriages and police
watch towers placed inside the jallikattu arena.
Violation
Page 22
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4. Using Irritants
Irritant solutions were rubbed into the eyes and
noses of bulls inside the vadi vassal in order to
agitate them.
Welfare Concerns
Eyes and noses are very sensitive, sensory organs,
and the use of any irritating chemicals causes
pain, distress and an intense sensation. Bulls who
try to escape from such torture often end up
injuring themselves by hitting walls, gates, fencing
and other erected structures inside the Vadi Vasal
and jallikattu arena
Violation
This practice violates section 11(1)(a) of The
unnecessary pain or suffering. It also violates
section 11(1)(c), which prohibits the willful and
unreasonable administration of any injurious drug
or substance to any animal.
5. Using Nose Ropes
Page 23
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Nose ropes were frequently pulled, yanked or

tightened in order to control bulls before they
were released into arenas and collection yards.
Some animals were even bleeding from the nose
as a result of injuries caused by pulling the rope.
Welfare Concerns
Pulling or twisting the nose rope exerts pressure
on the nerve-rich and extremely sensitive septum,
causing bulls pain and making it easier for
handlers to force them to move in a desired
direction. According to one study, 47 per cent of
animals whose noses were pierced had lacerations
and ulcerations, and 56 per cent had pus in their
nostrils. They study also pointed out that 57 per
cent of cattle had extensive and severe nose
injuries.
Violation
6. Cramped Conditions
Bulls were packed so tightly into narrow waiting
corridors that they were unable to take a step
forwards or backwards. Forced to stand for more
than eight hours in line at the waiting area for a
health examination and in the vadi vassal, bulls
Page 24
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had no protection from the blistering sun and the

crowds of people, who shouted and hooted at
them, harassed them and frightened them. Bull
owners start lining up the night before the
jallikattu event, and they are given serial numbers.
Some were in line until the events ended at 2 pm
the next day.
Welfare Concerns
Bulls were denied shade and were not allowed to
lie down and rest. This causes exhaustion and
extreme distress and discomfort.
Violation
(f), which prohibits trying an animal for an
unreasonable time with an unreasonably short
rope.
7. Forcing Bulls to Move Sideways

The animals were forced to move sideways at a
slow pace for more than eight hours over a
distance of approximately 500 to 1000 metres.
Welfare Concerns
Page 25
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Forcing bulls to walk sideways – which is an

unnatural gait for any animal – for a long duration
causes them extreme discomfort.
Violation
(d), which prohibits conveying any animal in such
a manner or position as to cause unnecessary pain
or suffering.
8. Lack of Food and Water

All the bulls observed were not offered food, water
or shelter from 8 am, when they were forced to
line up, until the jallikattu events ended at 2.30
pm. Though concrete water troughs were
available at the registration area and collection
yards, none of the animals were offered water.
Bulls were so terrified and focused on surviving at
the collection yards in Palamedu and Alanganallur
that they did not drink water. Several bulls
became recumbent and were unable to stand up
because of dehydration and exhaustion. Many
people kicked, beat and bit the bulls in order to
force them back onto their feet.
Welfare Concerns
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As ruminants, bulls normally graze for several

hours a day in an open field or eat a bulk quantity
of feed when kept in stalls. They loiter around
chewing their cud before grazing or eating again.
During jallikattu, the animals are starved and
prevented from chewing their cud (they won’t do it
when they are frightened or in pain distress). No
intake of food and water and the absence of shade
lead to dehydration and exhaustion. This often
results in injuries or death.
Violation
(h), which states that failing to provide animals
with sufficient food, drink or shelter is an act of
cruelty.
9. Forcing Bulls to Drink Liquids

On many occasions, bulls were forced to drink
fluids that were likely liquor. Animals’ heads were
raised by pulling on the nose ropes, and the fluids
were forced into their mouths using a plastic
bottle.
Welfare Concerns
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28
Forcing bulls to drink causes them physical

discomfort and fear. They often become excited
and frenzied as the alcohol affects their central
nervous system. Forcing them to drink can also
cause the aspiration of fluid in the upper and lower
respiratory tracts (lungs). This can cause
pneumonia, a serious respiratory disease that can
lead to death. Normally, bulls drink water at their
own pace from a bucket, but no such allowances
were witnessed during any of the jallikattu events.
Violation
(c), which states that giving any injurious drug or
substance to any animal is prohibited.
10. Forcing Bulls to Stand in their Own

Waste
In the waiting areas, bulls were forced to wait for
more than eight hours while standing in their own
faeces and urine.
Welfare Concerns
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No sanitation facilities were made available, and

bulls were forced to stand together in the
accumulated faeces and urine for hours. The
accumulated waste attracts flies that bother the
animals and cause them discomfort. The eggs laid
by the flies may lead to maggot infestation of any
wounds the bulls may have.
Violation
This is a violation of Supreme Court and Madurai
High Court orders, which mandate that sanitation
facilities should be made available during jallikattu
events and that bulls should not be allowed to
suffer in any. Section 11(1)(a) of The Prevention
of Cruelty to Animals Act, 1960 prohibits treating
any animal in a way that causes unnecessary pain
or suffering.
11. Spectators Beating and Agitating Bulls

When collection yards were not present or not
used, injured, exhausted bulls were tormented by
spectators as they exited. “Parallel jallikattu”
events happened at each venue as the aggressive
crowds agitated the bulls exiting the arena by
shouting at them, beating them and jumping on
them. Many people, including police officials, beat
exhausted bulls with sticks and jumped in front of
the bulls in an effort to frighten them. Running for
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their lives, terrified bulls ran amok, stumbling into

shops and houses and slamming into barricades
and vehicles parked nearby. Both the bull who
died after a head-on collision with a passenger bus
in Avaniapuram and the bull who fractured his leg
after jumping off a road in Palamedu were running
loose when their injuries occurred “Parallel
jallikattu” is often considered to be the “real
jallikattu”, as the most risky action takes place
during the deliberate harassment by spectators.
Welfare Concerns
When bulls are not afraid, they stand still and
engage in normal behaviour to the species, such
as grazing, chewing cud, lying down or grooming.
None of these types of behavior were seen at any
point during any of the jallikattu events. Jallikattu
causes bulls severe mental and physical anguish.
When bulls are frightened or in pain, they adopt a
flight response that can often lead to serious
physical injuries and even death. Near the
collection area, the spectators didn’t allow the
bulls to calm down and relax – they instead
induced further fear, distress, discomfort and pain.
Violation
states that beating, kicking, torturing or otherwise
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treating any animal so as to subject the animal to

unnecessary pain or suffering is an act of cruelty.
12. Restraining and Roping

When bulls entered the collection yard, they were
caught using looped rope that was attached to a
long stick. At no point were the frightened bulls
allowed to calm down. After a long struggle, bulls
were captured by handlers who inserted two
fingers into their noses and pulled them to the
nearest tree while three to four men held their
horns and necks using multiple ropes. Once an
animal was tied to a tree, a new thick nose rope
was forcefully inserted through the existing hole in
the nasal septum. Often the rope was very thick,
and pulling it vigorously caused injuries to the
nasal septum, which led to profuse bleeding in
many animals.
Welfare Concerns
As a prey animal, bulls are better controlled using
behavioural techniques instead of crude and
painful restraining techniques that cause intense
mental suffering and physical injuries. Such a
painful experience will cause long-lasting
psychological and behavioural changes in bulls.
Violation
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IV. xxx xxx xxx
V. Injuries and Deaths

Jallikattu is dangerous not only to bulls but also to
humans. Many participants and spectators
sustained serious injuries at all three jallikattu
events. A total of 58 participants and 56
spectators were injured in the three jallikattu
events. One police constable was also injured in
Avaniapuram.
1. In Avaniapuram, a total of 55 persons were
injured during the jallikattu event. Of the 26
people who were injured while trying to tame
the charging bulls by clinging to their backs,
five were seriously injured. Twenty-four
spectators, including a police constable, were
injured following a melee after some bulls ran
into the crowd. Five people were injured when
a section of the gallery erected for spectators
collapsed because of severe crowing.
2. In Palamedu, 21 people, including 11 tamers,
were injured during the jallikattu event. Ten
spectators were injured by bulls who escaped
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the fighting arena. The 21 people who suffered

injuries were admitted to the Palamedu Primary
Health Centre. One onlooker, who was hit in the
abdomen, was later moved to the Government
Rajaji Hospital in Madurai while others were
treated as outpatients.
3. In Alanganallur, 38 people were injured during
the jallikattu event. Twenty-one were tamers,
and others injured included onlookers and
owners. Two people who were seriously
wounded were admitted to the government
hospital in Madurai.
VI. xxx xxx xxx
VII. xxx xxx xxx
VIII. Conclusion
Bulls are prey animals. According to animal
behavioural studies, bulls adopt a flight or fight
response when they feel frightened or threatened.
This instinctual response to a perceived threat is
deliberately exploited by jallikattu organizers.
During jallikatt, many animals are observed to
engage in a flight response as they run away from
people when they experience pain or fear. This
flight response is not surprising, given the amount
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of pain and terror bulls are subjected to before,

during and after jallikattu. Bulls are beaten,
poked, prodded, harassed and jumped on by
numerous people. They have their tails bitten and
twisted and their eyes and noses filled with
irritating chemicals. Many peer-reviewed papers
demonstrate a link between the actions of humans
and the fear, distress and pain experienced by
animals. Research has shown that rough or
abusive handling of animals compromises welfare
by increasing an animal’s fear of humans. Bulls –
who are pushed, hit, prodded and abused in
jallikattu – suffer mentally as well as physically.
Detailed Reports on Jallikattu in

Avaniapuram, Palamedu and Alanganallur
The cruelty and animal abuse detailed below in

sections A, B and C also violate the Prevention of
Cruelty to Animals Act, 1960. Observations of
three jallikattu locations have been grouped
broadly under four categories:
. Waiting area
. Vadi vasal
. Arena
. Collection yard
Avaniapuram – 14 January 2013
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Waiting Area
. Bulls were forced to stand in long lines for more
than eight hours without shade, food and water
or room to move.
. Many animals were forced to drink fluids, likely
alcohol, to disorient them.
. Bulls were continuously pulled and yanked by
nose ropes.
. Handlers forced bulls to move in the lines
sideways by painfully pulling and yanking their
tails.
. Some reluctant bulls jumped out of the line and
attacked their owners out of fear.
. None of the animals had the JK number given to
them by the Animal Welfare Board of India on
their horns, which is a registration requirement.
Vadi Vasal
. Bulls were pulled by nose ropes into the narrow,
closed enclosure. Participants also pushed on
the bulls’ backs as the animals resisted.
. Inside the vadi vasal, nose ropes were cut with
a sharp sickle. At times, bulls were poked with
these sickles in order to force them to enter the
arena. Much of the cruelty the bulls were
subjected to during jallikattu happened inside
the vadi vasal.
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36
. Closed off from the public, the high-walled vadi

vasal is a torture chamber. Here, organizers hit
the bulls with wooden sticks and owners bit and
brutally twisted bulls’ tails. Organisers and
owners of bulls also beat bulls with their bare
hands, whipped them with snapped nose ropes
and poked them with small, sharp knives.
. Some animals returned to the vadi vasal after
being terrified by the jallikattu participants.
Arena
. The Supreme Court’s guideline for arena
barricades calls for them to be no less than 8
feet high. This guideline was flagrantly ignored,
and the barricade in the main area was as low
as 5-1/2 feet. The non-compliance of a
guideline as basic as the barricade’s height
endangers the lives of spectators.
. The Supreme Court’s guideline of double
barricading was not implemented anywhere
around the arena or along the path from the
main arena to the town’s street.
. As many as six to eight matadors jumped onto
bulls to take them. Unable to carry the weight,
the bulls often feel to the ground.
Collection Yard
. There was no collection yard.
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. Because of the absence of a collection yard, the

bulls ran amok in the streets, which were lined
with unruly crowds eager to hit the scared
animals.
. Many spectators pounded on the petrified bulls
and tried to perform jallikattu on the streets.
. Bulls entered bylanes and trampled both men
and parked vehicles.
. Because of the lack of a collection area, one bull
lost his life after a head-on collision with a
moving passenger bus.
2. Palamedu – 15 January 2013
Waiting Area
. The bulls were forced to move sideways for
hours as they inched closer to the vadi vasal.
This sideways gait is unnatural and
uncomfortable to them.
. Even though there were water troughs near the
medical examination area, bulls were not
allowed to drink water because the owners did
not want to lose their place in line.
. There was no food or fodder for the bulls who
were forced to stand in line the night before the
event.
. The bulls in line defecated constantly, which is a
sign of fear.
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38
. The ears of almost all the bulls were cut and

mutilated.
. Several bulls in line were dragged by their tails.
. Owners dragged bulls around by inserting their
fingers into bulls’ noses and pulling them.
. Bulls were forcibly beaten, pushed and pulled
into the vadi vasal. The reluctant bulls had their
tails painfully twisted, broken and bitten.
These abusive practices, though common, were
particularly rampant in Palamedu.
. Bulls were hit and poked with wooden sticks.
One of the organiser’s sole duty was to force
bulls into the vadi vasal by striking and
prodding them with a wooden stick.
. Shockingly, police in uniform blatantly hit and
poked the bulls with their wooden lathis instead
of stopping the abuse.
. On the sly, owners forced suspicious liquids,
likely alcohol, down the throats of bulls in order
to disorient them.
Vadi Vasal
. The vadi vasal is hidden from the view of the
public and media and can be accessed and
viewed only by select jallikattu personnel.
. The vadi vasal was a permanent cement
structure. Its walls hid some of the cruelty from
spectators and TV cameras.
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39
. The practice of inflicting pain by poking and

hitting the bulls is common. Almost every bull
that stayed in the vadi vasal for more than a
couple of seconds after his nose rope was cut
was subjected to physical torture. This
rampant cruelty proves that the court’s
guidelines regarding jallikattu are completely
disregarded.
. Bulls’ tails were brazenly twisted and broken in
order to force bulls to run out of the vadi vasal
into the arena.
. A bull’s anus was deliberately injured to cause
pain to the animal.
. Inside the vadi vasal, bulls’ eyes and noses
were forcibly rubbed with irritant liquids to
disorient and agitate them.
. Feeling immense fear, some bulls jumped
against the exit door of the vadi vasal to try to
flee the enclosure.
Arena
. The path from the arena to the collection area
was dotted with dangerous obstructions, such
as tractor carriages, water tanks, and a small
truck. These obstructions posed serious
threats to speeding bulls who were being
chased away by participants.
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. The Supreme Court’s guidelines were not

implemented as the barricades were not 8 feet
high.
. An electric pole posed grave danger to
speeding bulls who charged out of the vadi
vasal.
Collection yard
. The Collection yard was nowhere close to half
an acre in size as instructed by the court
guidelines.
. The collection area was also impractical by
design as bulls sped right through its narrow
enclosure, which was erected in the path from
the main arena to the town’s streets.
. Because of the insufficient collection yard,
bulls ran along streets and into moving traffic.
. Bull were brutally beaten by unruly spectators
who drew sadistic pleasure in landing blows
with their fists and sticks. As the loud crowd
hooted, bulls ran for cover.
. Some bulls injured themselves when they
jumped off the narrow roads into fields that
were 10 feet below. Others jumped into dry
river beds.
. One bull who was being chased and beaten by
a mob jumped into a field and fractured his
font leg. It took 90 minutes for the suffering
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animal to receive medical attention proving

that having ambulances on standby is of no
use.
. Several bulls trampled the metal barricades
and ran into residential homes and bylanes.
. One bull entered a house.
. Another bull plunged into a sewage drain that
was more than 10 feet below the road.
. Several young people were injured when bulls
trampled them on the streets.
4. Alanganallur – 16th January 2013

Waiting Area
. The waiting area had long lines.
. No shade or fodder was supplied to the bulls.
. The breaking, twisting and biting of bulls’ tails
was rampant in the line.
. One person’s sole job was to force bulls into
the vadi vasal by beating them with sticks.
. Bull owners were seen rubbing suspicious
liquids into the eyes of bulls moments before
the bulls were taken inside the vadi vasal.
Vadi Vasal
. The vadi vasal at Alanganallur was no different

from those in previous jallikattu locations.
Bulls were subjected to barbaric cruelty inside
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42
the enclosure, which was shielded from public

view.
. Organisers armed with sticks perched inside
the vadi vasal and repeatedly hit bulls who
were reluctant.
. The practice of biting tails was most rampant
in this vadi vasal, as every other bull had his
tail bitten by people sitting inside.
. Bulls had their tails pulled, twisted and broken
inside the vadi vasal.
. Some bulls were brutally hit on the bridge of
the nose right before their nose ropes were cut
open.
. Bulls were kicked in their hindquarters.
. People guarding and sitting on top of the vadi
vasal smoked beedis, completely disregarding
the safety of the bulls.
. Cruelty was most rampant and brazen in this
vadi vasal.
Collection Yard
. In Alangannlur, the collection area did not
prevent bulls from running amok and injuring
spectators and villages standing outside the
barricades.
. Many bulls ran straight out of the collection
area and into the nearby fields. Two bulls fell
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43
into wells filled with water and injured

themselves.
. The fact that bulls fell into wells in spite of a
collection yard that was erected as per the
Supreme Court’s guidelines proves that the
lives of bulls are at stake even if the guidelines
are followed. The scope for mishaps is
immense.
. Several bulls who ran into the collection yard
were frightened by the bull catchers and ran
back into the barricaded passageway to the
main arena.
. Cops standing on a tractor carriage in the
passageway between the main arena and
collection yard often hit the bulls with long
wooden sticks.
. Bulls who escaped from the collection yard ran
amok and stayed into nearby fields. The bulls
also trampled and injured spectators around
the collection yard.
Manoj Oswal, Animal Welfare Officer to the Board,
submitted the second interim report on 25.1.2012 with
regard to the events witnessed at various places like
Avanlapuram and Palamedu. The operative portion of the
report reads as under:
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44
“Primary observation:
While it is not possible to conduct animal sport like
Jallikattu without causing trauma and cruelty to
animals, it was anticipated that the guidelines and
rules would ensure that the cruelty is minimum.
The events at the surface looked very organized

and orderly but scratching a little below the
surface showed that the abuse and violations now
have been hidden away from the main arena. The
unruly people have been found their own place
away from media glare and eyes of Animal
Welfare Officers.
The fundamental issue remains that a large

section of people come to the events with a hope-
expectation that they are also a part of the action,
which indeed has been a way of Jallikattu always.
Such people continue to handle bulls in crude
fashion, continue to risk their own lives and create
hazard for themselves and others and they undo
whatever the system has built as check and
balance.
Queuing of bulls
The most stressful time for the animals is the long
wait, particularly when events are back to back.
The same animals participate in many events and
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45
travel to new events every day. No animal has the

possibility of basic shelter from sun and wind, food
or water while it awaits its turn.
The situation in all districts remain the same as it

was last year. Between 200 to 400 bulls come to
the venue but the facility of pens and shelter are
symbolic, holding at the most 10-12 animals.
These poster boys are shown as how well bulls
were treated. However, in reality they are not
even a fraction of the bulls that participate.
The bull are held tightly by their ropes. There is

no possibility to move even an inch. The bull that
cannot even lower hold itself to its natural
position, it is held up tightly that is how it remains
in that single position for hour at a stretch. If the
bull stands naturally the holder will have bend
himself in an awkward position.
In such a situation there is no possibility of either

feeding or watering the animal. The bull start
queuing from 1 am and they are held that way till
4pm till then the program usually ends. The bull
coming first may get released about 2 hours
earlier.
Cruelty before release
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The bull does not want to go into the arena. It

does not like people and does not like the crowd.
The only way to get it go before the crowd is to
prod it and threaten it. Cause the animal so much
pain and fear that it believes that going before the
thousands of people is a better escape than being
tortured here in the small box like enclosure.
The methods of torture vary, but the essence

remains the same. The bull has to run for its life.
The bull is scared of both scenarios the large
crowd outside and the captive and painful life with
the current owner. Given an opportunity the bull
prefers to stay in the small enclosure than run into
a crowd of strangers, the way the bull is made to
run is to give it immediate pain or restrain it
unnaturally.
Despite ban, people were seen giving alcohol to

the animal in the sly. The tail of the animal is one
of the sensitive part of the body, so is the nose
and the eyes. Torture to these parts is one quick
way to get the bull run.
Cruelty within arena:
Mental Torture
Physical abuse is not the only kind of injury that is
illegal and hurtful. Mental abuse is also amongst
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the worst kind of abuse as it leaves a lifelong mark

on the mind.
It is a known fact that victims of accident, crime or

disasters recover from their physical injuries in
certain time but mental injuries remain etched for
decades, play havoc in day to day life. Animals,
irrespective of the fact whether they can express it
or not, in this particular case were seen going
through the same shock and terror as a person
goes into in a hostage situation. Constant fear of
death and continuous torture.
Physical torture
With the entire world watching at the events, it
was not expected that the animals will be
harassed in the arena. The animals got a respite
from physical abuse in the arena that was well
covered by media, however, as soon as they left
the main arena, the tale of torture remained the
same what it has been for long.
Outside the Arena:

What has changed
- Registered bulls marked in five out of six
venues (not so in Previyasuriyal).
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- Symbolic testing done for alcohol (actual testing

done in Previyasuriya, rest of the places the test
was just a cover up).
- Obvious and visible forms of cruelty disallowed
in public view.
- The double barricades were less porous and so
it was not easy for unruly people to enter arena.
(not so in Siravayal)
Everything else, the issues highlighted in the

report in 2011 remain active
1. Queuing of animals and holding them in

unnatural position for hours without food and
water.
2. In the secluded and enclosed area, all forms of
animal abuse.
3. The animals are invariably not going into the
yard but onto the street, groves, cluttered
vegetation, dry canals and other free-for-all
areas, all misnamed as yards.
4. Animals running out the yard to escape brutality
straying into the streets of the village.
5. Jallikattu barricades punctured at certain points
or that they being open at one end leading to
non participants indulging in the same kind of
cruelty that were seen last year.
6. A complete parallel set of jallikattus happening
with the crowd as people release the
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unregistered bulls into the crowd, this is more

particular and obvious in Sivagangai.
7. A less obvious but with same effect, parallel
Jallikattu happening in areas designated as bulls
yards. So instead of rest, the bull yards are the
areas designated as bull yards. So instead of
rest, the bull yards are the areas where the
bulls get tortured the most.
18. We have also perused the recent affidavit filed by
Smt. Uma Rani, the Secretary, AWBI, MoEF, Chennai on
7.4.2014, giving the details of the manner in which
Jallikattu was conducted in various parts of Tamil Nadu,
like Avaniapuram, Palamedu etc., and the torture and
cruelty meted out to the Bulls, which is unimaginable.
19. We notice that the situation is the same in the State
of Maharashtra also. The details furnished by the 2 nd
respondent in I.A. No. 5/2014 on 20.1.2014 along with the
photographs, depict the state of affairs, which is also
cruel, barbaric, inhuman and savage. Report highlights
the manner in which it is being conducted.
BULLOCK-CART RACE IN MAHARASHTRA:
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20. We notice, in various parts of Maharashtra, varied
types of Bullock-cart races are being organized. Bailgada
Sharyat is a race where no person rides the cart. In such a
race, at times, Bullocks are brought to the venue blind
folded through trucks and let free, through a ghat either
side of which spectators, large in number, assemble. Due
to sudden exposure to the light, after unfolding, and the
huge noise source made by spectators, Bullock get
terrified and run in straight on the slope. Many of the
Bullocks are tortured and whipped to make them run and
the price is decided on the basis of time taken to cover
gap of approximately 300 meter distance. Races are also
there where Bullocks have to cover 10 kilometres and
more. Before and during the course of the race, cruel
practices like beating, twisting of tail, biting tail, poke with
spiked instruments, electric shock etc. is given. Races,
such as, Ghoda Bail Sharyat which involves a horse and a
bull on the same cart is also being held. Sometimes, a
bigger Bullock is paired with a smaller one. Various forms
of torture are adopted in all these races.
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51
21. We are sorry to note, in spite of the various directions
issued by this Court, in the conduct of Jallikattu, Bullock-
cart Race etc., the regulatory provisions of TNRJ Act and
the restrictions in the State of Maharashtra, the situation
is the same and no action is being taken by the District
Collectors, Police Officials and others, who are in-charge to
control the same, to see that those directions are properly
and effectively complied with and the animals are not
being subjected to torture and cruelty. Being dumb and
helpless, they suffer in silence.
22. We notice, following the Central Government
notification dated 11.7.2011, the Committee constituted in
the State of Maharashtra to monitor animal welfare laws in
the State, submitted a letter dated 1.8.2011 to the then
Chief Minister, with specific reference to the notification
dated 11.7.2011, stating as follows:
“Now that the exhibition and training as

performing animals of bulls also is prohibited,
bullocks cart races which are very widely
organized in the State become illegal. During the
month of Shravan, many such races are
organized in the rural parts of the State and
these must be stopped in compliance with the
above notification.
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52
We, therefore, request you to issue instructions

through the Collectors all over the State,
prohibiting such bullock cart races with
immediate effect.
This issue has been agitated in the State of years

now by animal welfare activists and the Central
Government’s move should put an end to it. As
the notification may not have come to the notice
of people and even administration at large, we
hope you will kindly take necessary action as
requested above at the earliest.
Thanking you,
Yours sincerely,
For Committee to Monitor Animal
Welfare Laws in Maharashtra
Sd/-
C.S. Dharmadhikari
Chairman”
The State of Maharashtra, based on the notification dated
11.7.2011 and the letter dated 1.8.2011 of the
Committee, issued a notification dated 24.8.2011, the
operative portion of the same reads as follows:
“Reference Item No. 1 above, as per the

Notification of Environment & Forest Department
of Central Government dated 11.7.2011, has
been brought on training, exhibition and as such
the performance of animals like bears, monkeys,
tigers, leopards, lions and bullocks etc.
Accordingly, it was under consideration of the
State Government to bring about a ban on the
bullock cart races and various exhibitions taking
place in the State.
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53
Accordingly, by this notification, a ban has

been imposed on bullock cart races / games/
training / exhibition in the State in accordance
with the above reference item No. (1) Notification
of the Central Government.
As per order of the Government of

Maharashtra.
Sd/-
C. N. Suryavanshi
Deputy Secretary, Govt. of Maharashtra”
The State of Maharashtra later issued a corrigendum dated
12.9.2011 clarifying that the word “Bull” be read as
Valu/Sand, meaning thereby, it would take both Bulls
whether castrated or not. The State of Maharashtra later,
through the Government decision dated 20.4.2012
imposed total prohibition in the State of organizing
Bull/Bullock-cart Races, Bulls Fight, Training of
Bulls/Bullocks for the sport, sport activities. The operative
portion of the order reads as follows:
“PREAMBLE
The organization of animal sports in State, mainly

in its rural hinterland especially sports such as
bull ox/ bullock cattle exhibition, organizing their
race, their cart race, fight etc., is nothing but
violence to these dumb animals for which, to stop
the continuation of the same, to prohibit the
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same, the State Government has already taken a

decision to prohibit them on 24.8.2011.
Moreover, as in the list in this regard of
prohibited animals by Central Government as
bulls, bullock has not been included but not in
State Government, the State Government issued
a corrigendum by prohibiting bulls instead of
bullock in State Govt. list too. In this regard, the
corrigendum of the State Government was issued
on 12.9.2011. But by opposing this corrigendum
of State Government, above referred No.1, and
No.2 cases were filed in the Hon’ble High Court,
Mumbai. In accordance with the judgment given
by the Hon’ble High Court, Mumbai in those
cases, to the State Government issued
abovementioned circular Nos.4 and 5 are
superseded now and the government decision in
this regard is now being issued as under:-
GOVERNMENT’S DECISION:
In compliance of Central Govt.’s Department of

Forest and Environment Departmental
Notification dated 11.7.2011 and also in the light
of relevant judgment pronounced by Hon’ble
High Court, Mumbai Bullock Cart Race, Bullock
Race/ Bull Fight/ training of bull / Bullock / Ox for
such race, fights / using them for any animal
sport activities is being prohibited herewith now.
In accordance with letter dated 7.10.2011 of

Central Government, Bamboo Cart / Cart / Ox /
Cow / Calf etc., are also increased in the broader
sense of technical definitions of ‘Bulls’ prohibited
under this act which must be prohibited for usage
as sort sporting / animal sporting/ fighting / right
sports related training.
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If anybody is found guilty of the aforesaid

prohibited act and activities, then on such
offenders, let action be taken stringently and
effectively against them under the provisions of
cruelty to animals act and the concerned District
Collectors, Police Superintendents have the
entire enforcement responsibility.
Under the directions of and in the name of

Hon’ble Governor of Maharashtra State.
Sd/-
(S. T. SHENDE)
Under Secretary
Govt. of Maharashtra”
23. We have already indicated that the State of
Maharashtra has accepted the judgment of the High Court
and the Government decision dated 20.4.2012 is also not
under challenge.
24. We have to examine, in the light of the above facts,
whether the events that are being conducted in the States
of Tamil Nadu and Maharashtra are in violation of Sections
3, 11(1)(a) & (m), 21 and 22 of the PCA Act read with
Articles 51A(g) and (h) of the Constitution and the
notification dated 11.7.2011.
PCA ACT:
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25. The PCA Act was enacted even before the
introduction of Part IV-A dealing with the fundamental
duties, by the Constitutional 47 th Amendment Act, 1956.
Earlier, the then British in India enacted the Prevention of
Cruelty Act, 1890 for the human beings to reap maximum
gains by exploiting them with coercive methods with an
idea that the very existence of the animals is for the
benefit of the human beings. During the course of
administering the above mentioned Act, many deficiencies
were noticed by the Government of India and a Committee
was constituted to investigate and suggest measures for
prevention of cruelty to animals. Following that, a Bill
was introduced in the Parliament and, ultimately, the PCA
Act, 1960 was enacted so as to prevent the infliction of
unnecessary pain or suffering on animals and to amend
the law relating to prevention of cruelty to animals.
JUDICIAL EVALUATION
26. PCA Act is a welfare legislation which has to be
construed bearing in mind the purpose and object of the
Act and the Directive Principles of State Policy. It is trite
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law that, in the matters of welfare legislation, the
provisions of law should be liberally construed in favour of
the weak and infirm. Court also should be vigilant to see
that benefits conferred by such remedial and welfare
legislation are not defeated by subtle devices. Court has
got the duty that, in every case, where ingenuity is
expanded to avoid welfare legislations, to get behind the
smoke-screen and discover the true state of affairs. Court
can go behind the form and see the substance of the
devise for which it has to pierce the veil and examine
whether the guidelines or the regulations are framed so as
to achieve some other purpose than the welfare of the
animals. Regulations or guidelines, whether statutory or
otherwise, if they purport to dilute or defeat the welfare
legislation and the constitutional principles, Court should
not hesitate to strike them down so as to achieve the
ultimate object and purpose of the welfare legislation.
Court has also a duty under the doctrine of parents
patriae to take care of the rights of animals, since they are
unable to take care of themselves as against human
beings.
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27. The PCA Act, as already indicated, was enacted to
prevent the infliction of unnecessary pain, suffering or
cruelty on animals. Section 3 of the Act deals with duties
of persons having charge of animals, which is mandatory
in nature and hence confer corresponding rights on
animals. Rights so conferred on animals are thus the
antithesis of a duty and if those rights are violated, law
will enforce those rights with legal sanction. Section 3 is
extracted hereunder for an easy reference:
3. 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.”
Section 3 of the Act has got two limbs, which are as
follows:
(i) Duty cast on persons-in-charge or care to take all
reasonable measures to ensure the well-being of
the animal;
(ii) Duty to take reasonable measures to prevent the
infliction upon such animal of unnecessary pain
and suffering.
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Both the above limbs have to be cumulatively satisfied.
Primary duty on the persons-in-charge or care of the
animal is to ensure the well-being of the animal. ‘Well-
being’ means state of being comfortable, healthy or
happy. Forcing the Bull and keeping the same in the
waiting area for a number of hours and subjecting it to
scorching sun, is not for the well-being of the animal.
Forcing and pulling bulls by nose ropes into the narrow
closed enclosure of vadi vassal, subjecting it to all forms
of torture, fear, pain and suffering by forcing it to go the
arena and also over-powering it at the arena by the Bull
tamers, are not for the well-being of the animal. The
manner in which the Bull tamers are treating the bulls in
the arena is evident from the reports filed before this
Court by ABWI. By forcing the bull into the vadi vassal
and then into the arena, by no stretch of imagination, can
be said to be “for the well-being of such animal”.
Organizers of Jallikattu are depriving the rights
guaranteed to the bulls under Section 3 of PCA Act.
Sadism and perversity is writ large in the actions of the
organizers of Jallikattu and the event is meant not for the
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well-being of the animal, but for the pleasure and
enjoyment of human beings, particularly the organizers
and spectators. Organizers of Jallikattu feel that their
bulls have only instrumental value to them, forgetting
their intrinsic worth. First limb of Section 3, as already
indicated, gives a corresponding right to the animal to
ensure its well-being. AWBI, a body established to look
after the welfare of the animals has to see that the
person-in-charge or care of the animals looks after their
well-being. We have no hesitation to say that Jallikattu
/Bullock-cart race, as such, is not for the well-being of the
animal and, by undertaking such events, organizers are
clearly violating the first limb of Section 3 of the PCA Act.
28. We will now examine whether the second limb of
Section 3 which casts a duty on the person in-charge or
care of animal to prevent the infliction upon an animal,
unnecessary pain or suffering, discharges that duty.
Considerations, which are relevant to determine whether
the suffering is unnecessary, include whether the
suffering could have reasonably been avoided or reduced,
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whether the conduct which caused the suffering was in
compliance with any relevant enactment. Another aspect
to be examined is whether the conduct causing the
suffering was for a legitimate purpose, such as, the
purpose for benefiting the animals or the purpose of
protecting a person, property or another animal etc.
Duty is to prevent the infliction of unnecessary pain or
suffering, meaning thereby, no right is conferred to inflict
necessary/unnecessary pain or suffering on the animals.
By organizing Jallikattu and Bullock-cart race, the
organizers are not preventing the infliction of unnecessary
pain or suffering, but they are inflicting pain and suffering
on the bulls, which they are legally obliged to prevent.
Section 3 is a preventive provision casting no right on the
organizers, but only duties and obligations. Section 3, as
already indicated, confers corresponding rights on the
animals as against the persons in-charge or care, as well
as AWBI, to ensure their well-being and be not inflicted
with any unnecessary pain or suffering. Jallikattu or
Bullock-cart race, from the point of the animals, is not an
event ensuring their well-being or an event meant to
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prevent the infliction of unnecessary pain or suffering, on
the contrary, it is an event against their well-being and
causes unnecessary pain and suffering on them. Hence,
the two limbs of Section 3 of PCA Act have been violated
while conducting Jallikattu and Bullock-cart race.
CRUELTY TO ANIMALS:
29. Section 11 generally deals with the cruelty to
animals. Section 11 confers no right on the organizers to
conduct Jallikattu/Bullock-cart race. Section 11 is a
beneficial provision enacted for the welfare and protection
of the animals and it is penal in nature. Being penal in
nature, it confers rights on the animals and obligations on
all persons, including those who are in-charge or care of
the animals, AWBI etc. to look after their well-being and
welfare. The relevant portion of Section 11 reads as
follows:
“11. Treating animals cruelty.- (1) If

any person-
(a) Beats, kicks, over-rides, over-drives,

over-loads, tortures or otherwise treats
any animal so as to subject it to
unnecessary pain or suffering or causes
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or, being the owner permits, any animals

to be so treated; or
(b) xxx xxx xxx
(c) willfully and unreasonably administers

any injuries drug or injurious substance to
any animal or wilfully and unreasonably
causes or attempts to cause any such
drug or substance to be taken by any
animal; or
(d) xxx xxx xxx
(e) keeps or confines any animal in any

cage or other receptacle which does not
measure sufficiently in height, length or
breadth to permit the animal a
reasonable opportunity for movement; or
(f) keeps for an unreasonable time any

animal chained or tethered upon an
unreasonably short or unreasonable
heavy chain or cord; or
(g) xxx xxx xxx
(h) being the owner of any animal, fails to

provide such animal with sufficient food,
drink or shelter; or
(i) xxx xxx xxx
(j) xxx xxx xxx
(k) xxx xxx xxx
(l) mutilates any animal or kills any animal

(including stray dogs) by using the
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method of strychnine injections in the

heart or in any other unnecessarily cruel
manner; or;
xxx xxx xxx
(2) For the purposes of sub-section (1), an

owner shall be deemed to have committed an
offence if he has failed to exercise reasonable
care and supervision with a view to the
prevention of such offence:
Provided that where an owner is convicted

of permitting cruelty by reason only of having
failed to exercise such care and supervision, he
shall not be liable to imprisonment without the
option of a fine.
(3) xxx xxx xxx”
Section 11(1)(a) uses the expressions “or otherwise”,
“unnecessary pain or suffering” etc. Beating, kicking etc.
go with the event so also torture, if the report submitted
by AWBI is accepted. Even otherwise, according to AWBI,
the expression “or otherwise” takes in Jallikattu, Bullock-
cart race etc. but, according to the State of Tamil Nadu,
that expression has to be understood applying the
doctrine of ejusdem generis . In our view, the expression
“or otherwise” is not used as words of limitation and the
legislature has intended to cover all situations, where the
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animals are subjected to unnecessary pain or suffering.
Jallikattu, Bullock-cart races and the events like that, fall in
that expression under Section 11(1)(a). The meaning of
the expression “or otherwise” came up for consideration
in Lilavati Bai v. State of Bombay 1957 SCR 721 and
the Court held that the words “or otherwise” when used,
apparently intended to cover other cases which may not
come within the meaning of the preceding clause. In our
view, the said principles also can be safely applied while
interpreting Section 11(1)(a).
30. Pain and suffering are biological traits. Pain, in
particular, informs an animal which specific stimuli, it
needs to avoid and an animal has pain receptors and a
memory that allows it to remember what caused the pain.
Professor of Animal Welfare, D.M.Broom of University of
Cambridge in his articles appearing in Chapter fourteen of
the Book “Animal Welfare and the Law” Cambridge
University Press (1989) says:
“Behavioural responses to pain vary greatly

from one species to another, but it is reasonable
to suppose that the pain felt by all of these
animals is similar to that felt by man”.
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Suffering has the same function, but instead of informing
the animal about stimuli to avoid, which informs it about a
situation to avoid. An animal might be regarded as
suffering, if is in pain, distress, or acute or unduly
prolonged discomfort. Consequently, to experience the
suffering, the animal needs an awareness of its
environment, the ability to develop moods that coordinate
a behavioral response, and the capacity to change
adverse situation or avoid them. Reports submitted by
AWBI clearly indicate that Bulls are being treated with
extreme cruelty and suffering, violating the provisions of
Section 11(1) of the PCA Act. Over and above, Section
11(1), clauses (b) to (o) also confer various duties and
obligations, generally and specifically, on the persons in
charge of or care of animals which, in turn, confer
corresponding rights on animals, which, if violated, are
punishable under the proviso to Section 11(1) of the PCA
Act.
DOCTRINE OF NECESSITY:
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31. Section 11(3) carves out exceptions in five categories
of cases mentioned in Section 11(3)(a) to (e), which are as
follows:
“11(3) Nothing in this section shall apply to-
(a) the dehorning of cattle, or the castration

or branding or nose-roping of any animal,
in the prescribed manner; or
(b) the destruction of stray dogs in lethal

chambers or by such other methods as
may be prescribed; or
(c) the extermination or destruction of any

animal under the authority of any law for
the time being in force; or
(d) any matter dealt with in Chapter IV; or
(e) the commission or omission of any act in

the course of the destruction or the
preparation for destruction of any animal
as food for mankind unless such
destruction or preparation was
accompanied by the infliction of
unnecessary pain or suffering.”
Exceptions are incorporated based on the “doctrine of
necessity”. Clause (b) to Section 11(3) deals with the
destruction of stray dogs, out of necessity, otherwise, it
would be harmful to human beings. Clause (d) to Section
11(3) deals with matters dealt with in Chapter IV,
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incorporated out of necessity, which deals with the
experimentation on animals, which is for the purpose of
advancement by new discovery of physiological
knowledge or of knowledge which would be useful for
saving or for prolonging life or alleviating suffering or for
combating any disease, whether of human beings, animals
or plants, which is not prohibited and is lawful. Clause (e)
to Section 11(3) permits killing of animals as food for
mankind, of course, without inflicting unnecessary pain or
suffering, which clause is also incorporated ‘out of
necessity’. Experimenting on animals and eating their
flesh are stated to be two major forms of speciesism in our
society. Over and above, the Legislature, by virtue of
Section 28, has favoured killing of animals in a manner
required by the religion of any community.
Entertainment, exhibition or amusement do not fall under
these exempted categories and cannot be claimed as a
matter of right under the doctrine of necessity.
32. Sections 3 and 11, as already indicated, therefore,
confer no right on the organisers of Jallikattu or bullock-
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cart race, but only duties, responsibilities and obligations,
but confer corresponding rights on animals. Sections 3,
11(1)(a) & (o) and other related provisions have to be
understood and read along with Article 51A(g) of the
Constitution which cast fundamental duties on every
citizen to have “compassion for living creatures”.
Parliament, by incorporating Article 51A(g), has again
reiterated and re-emphasised the fundamental duties on
human beings towards every living creature, which
evidently takes in bulls as well. All living creatures have
inherent dignity and a right to live peacefully and right to
protect their well-being which encompasses protection
from beating, kicking, over-driving, over-loading, tortures,
pain and suffering etc. Human life, we often say, is not
like animal existence, a view having anthropocentric bias,
forgetting the fact that animals have also got intrinsic
worth and value. Section 3 of the PCA Act has
acknowledged those rights and the said section along with
Section 11 cast a duty on persons having charge or care of
animals to take reasonable measures to ensure well-being
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of the animals and to prevent infliction of unnecessary
pain and suffering.
PERFORMING ANIMALS
33. All animals are not anatomically designed to be
performing animals. Bulls are basically Draught and Pack
animals. they are live-stock used for farming and
agriculture purposes, like ploughing, transportation etc.
Bulls, it may be noted, have been recognized as Draught
and Pack animals in the Prevention of Cruelty to Draught
and Pack Animals Rules, 1965. Draught means an animal
used for pulling heavy loads. Rules define large bullock to
mean a bullock the weight of which exceeds 350 Kgs.
Bullocks have a large abdomen and thorax and the entire
body has a resemblance to a barrel shape, which limits
ability to run. Bulls have also limitations on flexing joins
and the rigid heavily built body and limited flexion of joints
do not favour running faster. Due to that body
constitution, the Prevention of Cruelty to Animals
(Transportation of Animals on Foot) Rules, 2001, especially
Rule 11 says that no person shall use a whip or a stick in
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order to force the animal to walk or to hasten the pace of
their walk. Bulls, it may be noted, are cloven footed (two
digits) animals and two digits in each leg can comfortably
bear weight only when they are walking, not running.
Horse, on the other hand, is a solid hoofed plant-eating
quadruped with a flowing mane and tail, domesticated for
riding and as a draught animal. Horse power, we call it as
an imperial unit of power, equal to 550 foot-pounds per
second. Horse’s anatomy enables it to make use of
speed and can be usefully used for horse racing etc.,
unlike Bulls.
34. Bulls, therefore, in our view, cannot be a performing
animal, anatomically not designed for that, but are forced
to perform, inflicting pain and suffering, in total violation
of Sections 3 and Section 11(1) of PCA Act. Chapter V of
the PCA Act deals with the performing animals. Section 22
of the PCA Act places restriction on exhibition and training
of performing animals, which reads as under:
“22. Restriction on exhibition and training of

performing animals : No person shall exhibit or
train
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(i) any performing animal unless he is

registered in accordance with the provisions of
this Chapter;
(ii) as a performing animal, any animal which

the Central Government may, by notification in
the official gazette, specify as an animal which
shall not be exhibited or trained as a
performing animal.”
35. The words ‘exhibit’ and ‘train’ are defined in Section
21 of the PCA Act, which is as follows:
“21. “Exhibit” and “train” defined: In this

Chapter, "exhibit" means exhibit or any
entertainment to which the public are admitted
through sale of tickets, and "train" means train
for the purpose of any such exhibition, and the
expressions "exhibitor" and "trainer" have
respectively the corresponding meanings.”
36. Section 23 of the PCA Act deals with the procedure
for registration. Section 24 of the PCA Act deals with the
powers of the court to prohibit or restrict exhibition and
training of performing animals. Section 25 of the PCA Act
confers powers on any authorised person to enter into the
premises to examine as to whether the statutory
requirements are properly complied with. Section 26 of
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the PCA Act deals with the offences and Section 27 of the
PCA Act deals with exemptions. Performing Animals
Rules, 1973 define ‘performing animal’ to mean any
animal which is used at, or for the purpose of any
entertainment to which public are admitted through sale
of tickets. Jallikattu, Bullock-cart races, it was contended,
are conducted without sale of tickets and hence Section
22 of the PCA Act would not apply, so also the notification
dated 11.7.2011. We find no substance or logic in that
submission. It may be noted that when Bull is specifically
prohibited to be exhibited or trained for performance, the
question whether such performance, exhibition or
entertainment is conducted with sale of tickets or not, is
irrelevant from the point of application of Sections 3 and
11(1) of the PCA Act.
37. We may, in this respect, refer to Section 11(1)(m)
which reads as follows:
“11. Treating animals cruelty.- (1) If any
person-
xxx xxx xxx

xxx xxx xxx
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(m) solely with a view to providing

entertainment-
(i) confines or causes to be confined

any animal (including tying of an
animal as a bait in a tiger or other
sanctuary) so as to make it an
object of prey for any other
animal; or
(ii) incites any animal to fight or bait
any other animal; or.”
Section 11(1)(m)(ii), therefore, says, if any person, solely
with a view to providing entertainment incites any animal
to fight, shall be punishable under the proviso to Section
11(1). In Jallikattu, Bull is expected to fight with various
Bull tamers, for which it is incited solely to provide
entertainment for the spectators by sale of tickets or
otherwise. Inciting the Bull to fight with another animal
or human being matters little, so far as the Bull is
concerned, it is a fight, hence, cruelty. Jallikattu,
Bullock-cart Race, therefore, violate not only Sections, 3,
11(1)(a) & (m) and Section 22, but also the notification
dated 11.7.2011 issued by the Central Government under
Section 22(ii) of the PCA Act.
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38. We may, in this connection, also refer to the
Performing Animals (Registration) Rules, 2001. Rule 8
deals with the general condition of registration. Rule 8(v)
states that the owner shall ensure that any animal is not
inflicted unnecessary pain or suffering before or during or
after its training or exhibition. Rule 8(vii) specifically
caution that the owner shall train the animal as a
performing animal to perform an act in accordance with
the animals’ natural instinct. Bull is trained not in
accordance with its natural instinct for the Jallikattu or
Bullock-cart race. Bulls, in those events, are observed to
carry out a “flight response” running away from the crowd
as well as from the Bull tamers, since they are in fear and
distress, this natural instinct is being exploited.
39. Animal Welfare Division of MoEF, represented by its
Director, submitted a note file on 27.1.2011 to the Minister
specifically referring to the affidavit filed by the AWBI
before this Court in Writ Petition No. 145 of 2011 and the
relevant portion of the affidavit reads as follows:
“I affirm on behalf of the Animal Welfare Board of

India that Jallikattu is indeed an extremely cruel
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and barbaric sport, in which the Bulls that are

forced to participate are brutalized and subjected
to unnecessary pain and suffering. Surrounded
by huge crowds of shouting, screaming people
intent upon seeing them cruelly subdued and
overpowered, regardless of what they endure,
the bulls are subjected to terrible acts of cruelty.
They are beaten, kicked, and chilly-powder
rubbed into their eyes. Their humps and horns
are seized and twisted and turned during the
course of the ‘sport’, leading to injuries, tears
and bleeding and the animals toppling over. All
of this occurs while they are surrounded by the
jeering, frenzied crowd. In fact, the tails of the
animals are routinely pulled, twisted and turned,
leading to painful injuries and often to broken
tails. By no stretch of imagination can the bulls
be termed as “performing animals” or “trained
for the sport”. In fact, what occurs during the
event is that the participating bulls are forced to
endure unnecessary pain and suffering beyond
measure. It is for this reason that the answering
respondent had represented to the Central
Government that this barbaric, pre-historic event
masquerading under the guise of sport, be
banned.
(emphasis supplied)
Further, it was also stated in the affidavit that:
“I also affirm on behalf of the Answering

Respondent that seeking to ‘regulate’ a barbaric
event involving unnecessary pain and suffering
for the animals forced to participate in the same
cannot legalize or confer legitimacy upon the
event. Moreover, that the Tamil Nadu Regulation
of Jallikattu Act 2009 is ultra vires the
Constitution of India, and repugnant to the
provisions of the Prevention of Cruelty to Animals
Act.”
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Note referred to above also made a reference to the
Madras High Court judgment pointing out that Jallikattu
and other related events are exhibition of performance of
trained animals, permitted under Chapter V of PCA Act.
Noticing all those aspects, especially taking note of the
stand of AWBI, it recommended that all such events be
stopped, especially Bulls as performing animals under
Section 22 of PCA Act, similar to the ban already
introduced in the case of Bears, Tigers etc.
40. Stand of the Animal Welfare Division of MoEF and
AWBI was accepted by the Central Government (MoEF)
and a notification dated 11.7.2011 was issued, which was
also gazetted on the same date, including Bull also in the
category of banned animals. Power is conferred on the
Central Government under Section 22(ii) to ban the
exhibition or training of any animal as a performing
animal. Following its earlier notification dated 14.10.1998,
as already stated, the MoEF issued another notification
dated 11.7.2011 including “Bull” also as an animal not to
be exhibited or trained for exhibition as a performing
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animal, which is a conscious decision taken by the MoEF
on relevant materials, while this Court was seized of the
matter. AWBI’s advice under Sections 9(a) and (l) as well
as the note of Animal Welfare Division of MoEF was
accepted by the Central Government and now it cannot
take a contrary stand, that too, without consulting the
AWBI, whose advice was already accepted and acted
upon.
41. Jallikattu as well as the Bullock-cart races etc., as an
event, according to the Board, violate Sections 3 and
11(1)(a) & (m) of the PCA Act read with Article 51A(g) of
the Constitution of India. MoEF, in exercise of its powers
conferred under Section 22 of the PCA Act, as already
stated, after noticing the stand of the Board, issued a
notification specifying that Bulls shall not be exhibited or
trained as performing animals, that position still stands.
MoEF, it is seen, so far as the State of Maharashtra is
concerned, is not recognising that Bullock-cart race is part
and parcel of the tradition of the people of Maharashtra
and that it has any cultural, historical or religious
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significance. The State of Maharashtra, in its order dated
20.4.2012, has clearly acknowledged that the organisation
of animal sports in the State, mainly in its rural hinterland,
like Bull /Ox / Bullock-cart race etc. is nothing but violence
to the dumb animals and has to be prohibited. The State
Government evidently did not give its stamp of approval
to the so-called cultural, historical importance to the
Bullock-cart Race and that order has not been challenged.
But, so far as the State of Tamil Nadu is concerned, now a
proposal has been made to exempt bulls, participating in
Jallikattu from the purview of the notification dated
11.07.2011 stating that it has historic, cultural and
religious significance in the State.
CULTURE AND TRADITION
42. The Statement of Objects and Reasons of the TNRJ
Act refers to ancient culture and tradition and does not
state that it has any religious significance. Even the
ancient culture and tradition do not support the conduct of
Jallikattu or Bullock cart race, in the form in which they are
being conducted at present. Welfare and the well-being of
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the bull is Tamil culture and tradition, they do not
approve of infliction of any pain or suffering on the bulls,
on the other hand, Tamil tradition and culture are to
worship the bull and the bull is always considered as the
vehicle of Lord Shiva. Yeru Thazhuvu, in Tamil tradition, is
to embrace bulls and not over-powering the bull, to show
human bravery. Jallikattu means, silver or gold coins tied
to the bulls horns and in olden days those who get at the
money to the bulls horns would marry the daughter of the
owner. Jallikattu or the bullock cart race, as practised
now, has never been the tradition or culture of Tamil
Nadu.
43. PCA Act, a welfare legislation, in our view, over-
shadows or overrides the so-called tradition and culture.
Jallikattu and Bullock cart races, the manner in which they
are conducted, have no support of Tamil tradition or
culture. Assuming, it has been in vogue for quite some
time, in our view, the same should give way to the welfare
legislation, like the PCA Act which has been enacted to
prevent infliction of unnecessary pain or suffering on
animals and confer duties and obligations on persons in-
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charge of animals. Of late, there are some attempts at
certain quarters, to reap maximum gains and the animals
are being exploited by the human beings by using
coercive methods and inflicting unnecessary pain for the
pleasure, amusement and enjoyment. We have a history
of doing away with such evil practices in the society,
assuming such practices have the support of culture and
tradition, as tried to be projected in the TNRJ Act.
Professor Salmond states that Custom is the embodiment
of those principles which have commended themselves to
the national conscience as the principles of justice and
public utility. This Court, in N. Adithayan v.
Thravancore Dewaswom Board and Others (2002) 8
SCC 106, while examining the scope of Articles 25(1),
2(a), 26(b), 17, 14 and 21, held as follows:
“18………. Any custom or usage irrespective

of even any proof of their existence in pre-
constitutional days cannot be countenanced as a
source of law to claim any rights when it is found
to violate human rights, dignity, social equality
and the specific mandate of the Constitution and
law made by Parliament. No usage which is
found to be pernicious and considered to be in
derogation of the law of the land or opposed to
public policy or social decency can be accepted
or upheld by courts in the country.”
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44. As early as 1500-600 BC in Isha-Upanishads, it is
professed as follows:
“The universe along with its creatures

belongs to the land. No creature is superior to
any other. Human beings should not be above
nature. Let no one species encroach over the
rights and privileges of other species.”
45. In our view, this is the culture and tradition of the
country, particularly the States of Tamil Nadu and
Maharashtra.
46. PCA Act has been enacted with an object to
safeguard the welfare of the animals and evidently to cure
some mischief and age old practices, so as to bring into
effect some type of reform, based on eco-centric
principles, recognizing the intrinsic value and worth of
animals. All the same, the Act has taken care of the
religious practices of the community, while killing an
animal vide Section 28 of the Act.
INTERNATIONAL APPROACH TO ANIMALS WELFARE
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47. We may, at the outset, indicate unfortunately, there
is no international agreement that ensures the welfare
and protection of animals. United Nations, all these years,
safeguarded only the rights of human beings, not the
rights of other species like animals, ignoring the fact that
many of them, including Bulls, are sacrificing their lives to
alleviate human suffering, combating diseases and as food
for human consumption. International community should
hang their head in shame, for not recognizing their rights
all these ages, a species which served the humanity from
the time of Adam and Eve. Of course, there has been a
slow but observable shift from the anthropocentric
approach to a more nature’s right centric approach in
International Environmental Law, Animal Welfare Laws etc.
Environmentalist noticed three stages in the development
of international environmental law instrument, which are
as under:
(a) The First Stage: Human self-interest

reason for environmental protection
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- The instruments in this stage were fuelled by

the recognition that the conservation of nature
was in the common interest of all mankind.
- Some the instruments executed during this

time included the Declaration of the Protection
of Birds Useful to Agriculture (1875),
Convention Designed to Ensure the Protection
of Various Species of Wild Animals which are
Useful to Man or Inoffensive (1900), Convention
for the Regulation of Whaling (1931) which had
the objective of ensuring the health of the
whaling industry rather than conserving or
protecting the whale species.
- The attitude behind these treaties was the

assertion of an unlimited right to exploit natural
resources – which derived from their right as
sovereign nations.
(b) The Second Stage: International Equity
- This stage saw the extension of treaties beyond

the requirements of the present generation to
also meet the needs to future generations of
human beings. This shift signalled a departure
from the pure tenets of anthropocentrism.
- For example, the 1946 Whaling Convention

which built upon the 1931 treaty mentioned in
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the preamble that “it is in the interest of the

nations of the world to safeguard for future
generations the great natural resource
represented by the whale stocks”. Similarly, the
Stockholm Declaration of the UN embodied this
shift in thinking, stating that “man ...... bears a
solemn responsibility to protect and improve
the environment for present and future
generations” and subsequently asserts that
“the natural resources of the earth .... must be
safeguarded for the benefit of present and
future generations through careful planning and
management”. Other documents expressed
this shift in terms of sustainability and
sustainable development.
(c) The Third Stage: Nature’s own rights
- Recent Multinational instruments have asserted

the intrinsic value of nature.
- UNEP Biodiversity Convention (1992)

“Conscious of the intrinsic value of biological
diversity and of the ecological, genetic, social,
economic, educational, cultural, recreational
and aesthetic values of biological diversity and
its components .... [we have] agreed as
follows:......”. The World Charter for Nature
proclaims that “every form of life is unique,
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warranting respect regardless of its worth to

man.” The Charter uses the term “nature” in
preference to “environment” with a view to
shifting to non-anthropocentric human-
independent terminology.”
48. We have accepted and applied the eco-centric
principles in T. N. Godavarman Thirumulpad v. Union
of India and Others (2012) 3 SCC 277, T. N.
Godavarman Thirumulpad v. Union of India and
Others (2012) 4 SCC 362 and in Centre for
Environmental Law World Wide Fund - India v.
Union of India and Others (2013) 8 SCC 234.
49. Based on eco-centric principles, rights of animals
have been recognized in various countries. Protection of
animals has been guaranteed by the Constitution of
Germany by way of an amendment in 2002 when the
words “and the animals” were added to the constitutional
clauses that obliges ‘state’ to respect ‘animal dignity’.
Therefore, the dignity of the animals is constitutionally
recognised in that country. German Animal Welfare Law,
especially Article 3 provides far-reaching protections to
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animals including inter alia from animals fight and other
activities which may result in the pain, suffering and harm
for the animals. Countries like Switzerland, Austria,
Slovenia have enacted legislations to include animal
welfare in their national Constitutions so as to balance the
animal owners’ fundamental rights to property and the
animals’ interest in freedom from unnecessary suffering or
pain, damage and fear.
50. Animals Welfare Act of 2006 (U.K.) also confers
considerable protection to the animals from pain and
suffering. The Austrian Federal Animal Protection Act also
recognises man’s responsibilities towards his fellow
creatures and the subject “Federal Act” aims at the
protection of life and well being of the animals. The
Animal Welfare Act, 2010 (Norway) states “animals have
an intrinsic value which is irrespective of the usable value
they may have for man. Animals shall be treated well and
be protected from the danger of unnecessary stress and
strain. Section 26 of the Legislation prohibits training an
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animal to fight with people, the operative portion of the
same reads as follows :
“Any person who trains animals and who uses

animals which are used for showing,
entertainment and competitions, including
those who organise such activities, shall
ensure that the animals:
(a) xxxxxx xxx

(b) xxxxxx xxx
(c) xxxxxx xxx
(d) are not trained for or used in fights with

other animals or people.”
51. When we look at the rights of animals from the
national and international perspective, what emerges is
that every species has an inherent right to live and shall
be protected by law, subject to the exception provided out
of necessity. Animal has also honour and dignity which
cannot be arbitrarily deprived of and its rights and privacy
have to be respected and protected from unlawful attacks.
52. Universal Declaration of Animal Welfare (UDAW) is a
campaign led by World Society for the Protection of
Animals (WSPA) in an attempt to secure international
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recognition for the principles of animal welfare. UDAW
has had considerable support from various countries,
including India. WSPA believes that the world should look
to the success of the Universal Declaration of Human
Rights (UDHR) to set out what UDAW can achieve for
animals. Five freedoms referred to in UDAW, which we
will deal with in latter part of the judgment, find support in
PCA Act and the rules framed thereunder to a great
extent.
53. World Health Organization of Animal Health (OIE), of
which India is a member, acts as the international
reference organisation for animal health and animal
welfare. OIE has been recognised as a reference
organisation by the World Trade Organisation (WTO) and,
in the year 2013, it has a total of 178 member countries.
On animal welfare, OIE says that an animal is in good
state of welfare if (as indicated by Scientific evidence) it is
healthy, comfortable, well nourished, safe, able to express
innate behaviour and if it is not suffering from unpleasant
states such as pain, fear and distress.
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FREEDOM:
54. 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.
Food and Agricultural Organisation (FAO) in its “Legislative
and Regulatory Options for Animal Welfare” indicated that
these five freedoms found their place in Farm Welfare
Council 2009 U.K. and is also called Brambell’s Five
Freedoms. These five freedoms, as already indicated, are
considered to be the fundamental principles of animal
welfare and we can say that these freedoms find a place
in Sections 3 and 11 of PCA Act and they are for animals
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like the rights guaranteed to the citizens of this country
under Part III of the Constitution of India.
55. Animals are world-wide legally recognised as
‘property’ that can be possessed by humans. On deletion
of Article 19(1)(f) from the Indian Constitution, right to
property is more a fundamental right in India, this gives
the Parliament more a leeway to pass laws protecting the
rights of animals. Right to hold on to a property which
includes animals also, is now only a legal right not a
fundamental right. We have also to see the rights of
animals in that perspective as well.
56. Rights guaranteed to the animals under Sections 3,
11, etc. are only statutory rights. The same have to be
elevated to the status of fundamental rights, as has been
done by few countries around the world, so as to secure
their honour and dignity. Rights and freedoms guaranteed
to the animals under Sections 3 and 11 have to be read
along with Article 51A(g)(h) of the Constitution, which is
the magna carta of animal rights.
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COMPASSION:
57. Article 51A(g) states that it shall be the duty of
citizens to have compassion for living creatures. In State
of Gujarat v. Mirzapur Moti Kureshi Kassab Jamat
and Others (2005) 8 SCC 534, this Court held that by
enacting Article 51A(g) and giving it the status of a
fundamental duty, one of the objects sought to be
achieved by Parliament is to ensure that the spirit and
message of Articles 48 and 48-A are honoured as a
fundamental duty of every citizen. Article 51A(g),
therefore, enjoins that it was a fundamental duty of every
citizen “to have compassion for living creatures”, which
means concern for suffering, sympathy, kindliness etc.,
which has to be read along with Sections 3, 11(1)(a) &
(m), 22 etc. of PCA Act.
HUMANISM:
58. Article 51A(h) says that it shall be the duty of every
citizen to develop the scientific temper, humanism and the
spirit of inquiry and reform. Particular emphasis has been
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made to the expression “humanism” which has a number
of meanings, but increasingly designates as an inclusive
sensibility for our species. Humanism also means,
understand benevolence, compassion, mercy etc.
Citizens should, therefore, develop a spirit of compassion
and humanism which is reflected in the Preamble of PCA
Act as well as in Sections 3 and 11 of the Act. To look after
the welfare and well-being of the animals and the duty to
prevent the infliction of pain or suffering on animals
highlights the principles of humanism in Article 51A(h).
Both Articles 51A(g) and (h) have to be read into the PCA
Act, especially into Section 3 and Section 11 of the PCA
Act and be applied and enforced.
SPECIESISM:
59. Speciesism as a concept coined by Richard Ryder in
his various works on the attitude to animals, like Animal
Revolution, Changing Attitudes towards Speciesism
(Oxford: Basil Blackwell, 1989), Animal Welfare and the
Environment (London: Gerald Duckworth, 1992) etc.
Oxford English Dictionary defines the term as “the
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assumption of human superiority over other creatures,
leading to the exploitation of animals”. Speciesism is also
described as the widespread discrimination that is
practised by man against the other species, that is a
prejudice or attitude of bias towards the interest of
members of one’s own species and against those of
members of other species. Speciesism as a concept used
to be compared with Racism and Sexism on the ground
that all those refer to discrimination that tend to promote
or encourage domination and exploitation of members of
one group by another. One school of thought is that
Castism, Racism and Sexism are biological classification,
since they are concerned with physical characteristics,
such as, discrimination on the ground of caste, creed,
religion, colour of the skin, reproductive role etc. rather
than with physical properties, such as the capacity for
being harmed or benefited.
60. We have got over those inequalities like Castism,
Racism, Sexism etc. through Constitutional and Statutory
amendments, like Articles 14 to 17, 19, 29 and so on. So
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far as animals are concerned, Section 3 of the Act confers
right on animals so also rights under Section 11 not to be
subjected to cruelty. When such statutory rights have
been conferred on animals, we can always judge as to
whether they are being exploited by human-beings. As
already indicated, an enlightened society, of late,
condemned slavery, racism, castism, sexism etc. through
constitutional amendments, laws etc. but, though late,
through PCA Act, Parliament has recognized the rights of
animals, of course, without not sacrificing the interest of
human beings under the Doctrine of necessity, like
experiments on animals for the purpose of advancement
by new discovery of physiological knowledge or of
knowledge which will be useful for saving or for prolonging
life or alleviating suffering or for combating any disease,
whether of human beings, animals or plants and also
destruction of animals for food under Section 11(3) of the
PCA Act. Legislature through Section 28 also saved the
manner of killing of animals in the manner prescribed by
religions, those are, in our view, reasonable restrictions on
the rights enjoyed by the animals under Section 3 read
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with Section 11(1). Evidently, those restrictions are the
direct inevitable consequences or the effects which could
be said to have been in the contemplation of the
legislature for human benefit, since they are unavoidable.
Further, animals like Cows, Bulls etc. are all freely used for
farming, transporting loads etc., that too, for the benefit of
human beings, thereby subjecting them to some pain and
suffering which is also unavoidable, but permitted by the
Rules framed under the PCA Act.
NON-ESSENTIAL ACTIVITIES:
61. We have, however, lot of avoidable non-essential
human activities like Bullock-cart race, Jallikattu etc.
Bulls, thinking that they have only instrumental value are
intentionally used though avoidable, ignoring welfare of
the Bulls solely for human pleasure. Such avoidable
human activities violate rights guaranteed to them under
Sections 3 and 11 of PCA Act. AWBI, the expert statutory
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body has taken up the stand that events like Jallikattu,
Bullock-cart race etc. inherently involve pain and
suffering, which involves both physical and mental
components, including fear and distress. Temple Grandin
and Catherine Johnson, in their work on “Animals in
Translation” say:
“The single worst thing you can do to an

animal emotionally is to make it feel afraid. Fear
is so bad for animals I think it is worse than pain.
I always get surprised looks when I say this. If
you gave most people a choice between intense
pain and intense fear, they’d probably pick fear.”
Both anxiety and fear, therefore, play an important role in
animal suffering, which is part and parcel of the events
like Jallikattu, Bullock-cart Race etc..
RIGHT TO LIFE:
62. Every species has a right to life and security, subject
to the law of the land, which includes depriving its life, out
of human necessity. Article 21 of the Constitution, while
safeguarding the rights of humans, protects life and the
word “life” has been given an expanded definition and any
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disturbance from the basic environment which includes all
forms of life, including animal life, which are necessary for
human life, fall within the meaning of Article 21 of the
Constitution. So far as animals are concerned, in our
view, “life” means something more than mere survival or
existence or instrumental value for human-beings, but to
lead a life with some intrinsic worth, honour and dignity.
Animals’ well-being and welfare have been statutorily
recognised under Sections 3 and 11 of the Act and the
rights framed under the Act. Right to live in a healthy
and clean atmosphere and right to get protection from
human beings against inflicting unnecessary pain or
suffering is a right guaranteed to the animals under
Sections 3 and 11 of the PCA Act read with Article 51A(g)
of the Constitution. Right to get food, shelter is also a
guaranteed right under Sections 3 and 11 of the PCA Act
and the Rules framed thereunder, especially when they
are domesticated. Right to dignity and fair treatment is,
therefore, not confined to human beings alone, but to
animals as well. Right, not to be beaten, kicked, over-
ridder, over-loading is also a right recognized by Section
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11 read with Section 3 of the PCA Act. Animals have also
a right against the human beings not to be tortured and
against infliction of unnecessary pain or suffering. Penalty
for violation of those rights are insignificant, since laws are
made by humans. Punishment prescribed in Section
11(1) is not commensurate with the gravity of the offence,
hence being violated with impunity defeating the very
object and purpose of the Act, hence the necessity of
taking disciplinary action against those officers who fail to
discharge their duties to safeguard the statutory rights of
animals under the PCA Act.
63. Jallikattu and other forms of Bulls race, as the various
reports indicate, causes considerable pain, stress and
strain on the bulls. Bulls, in such events, not only do move
their head showing that they do not want to go to the
arena but, as pain is being inflicted in the vadivasal is so
much, they have no other go but to flee to a situation
which is adverse to them. Bulls, in that situation, are
stressed, exhausted, injured and humiliated. Frustration
of the Bulls is noticeable in their vocalization and, looking
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at the facial expression of the bulls, ethologist or an
ordinary man can easily sense their suffering. Bulls,
otherwise are very peaceful animals dedicating their life
for human use and requirement, but are subjected to such
an ordeal that not only inflicts serious suffering on them
but also forces them to behave in ways, namely, they do
not behave, force them into the event which does not like
and, in that process, they are being tortured to the hilt.
Bulls cannot carry the so-called performance without
being exhausted, injured, tortured or humiliated. Bulls are
also intentionally subjected to fear, injury – both mentally
and physically – and put to unnecessary stress and strain
for human pleasure and enjoyment, that too, a species
totally dedicated its life for human benefit, out of
necessity.
64. We are, therefore, of the view that Sections 21, 22 of
the PCA Act and the relevant provisions have to be
understood in the light of the rights conferred on animals
under Section 3, read with Sections 11(1)(a) & (o) and
Articles 51A(g) and (h) of the Constitution, and if so read,
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in our view, Bulls cannot be used as a Performing Animals
for Jallikattu and Bullock-cart Race, since they are
basically draught and pack animals, not anatomically
designed for such performances.
REPUGNANCY:
65. We may now examine whether provisions of the TNRJ
Act, which is a State Act, is repugnant to the PCA Act,
which is a Central Act, since, both the Acts fall under Entry
No. 17 in the Concurrent List. Repugnancy between the
Parliamentary Legislation and State Legislation arises in
two ways:
(i) Where the legislations, though enacted with
respect to the matters in their allotted sphere,
overlap conflict and
(ii) Where two legislations are with respect to the
same matters in the concurrent list and there is
a conflict.
In both the situations, the Parliamentary legislation will
predominate in the first by virtue of the non-obstante
clause in Article 246(1), and in the second by reason of
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Article 254(1) of the Constitution. The law on this point
has been elaborately discussed by this Court in the case
of Vijay Kumar Sharma v. State of Karnataka (1990)
2 SCC 562.
66. Instances are many, where the State law may be
inconsistent with the Central law, where there may be
express inconsistency in actual terms of the two
legislations so that one cannot be obeyed without
disobeying the other. Further, if the Parliamentary
legislation, if intended to be a complete and exhaustive
code, then though there is no direct conflict, the State law
may be inoperative. Repugnancy will also arise between
two enactments even though obedience to each of them
is possible without disobeying the other, if a competent
legislature with a superior efficacy expressly or impliedly
evinces by its legislation an intention to cover the whole
field.
67. In M. Karunanidhi v. Union of India AIR 1979 SC
898, this Court held that, in order to decide the question
of repugnancy, it must be shown that the two enactments
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contain inconsistent and irreconcilable provisions,
therefore, they cannot stand together or operate in the
same field. Further, it was also pointed out that there can
be no repeal by implication, unless inconsistency appears
on the face of those statutes. Further, where two
statutes occupy a particular field, but there is room or
possibility of both the statutes operating in the same field
without coming into collision with each other, no
repugnancy results. Further, it was also noticed that
there is no inconsistency, but a statute occupying the
same field seeks to create distinct and separate offences,
no question of repugnancy arises and both the statutes
continue to operate in the same field.
68. In Jaya Gokul Educational Trust v.
Commissioner & Secretary to Government Higher
Education Department, Thiruvanathapuram, Kerala
State and Another (2000) 5 SCC 231, this Court took the
view that the repugnancy may arise between two
enactments even though obedience of each of them is
possible without disobeying the other, if a competent
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legislature of superior efficacy, expressly or impliedly,
evinces by the State legislation a clear intention to cover
the whole field and the enactment of the other legislature,
passed before or after, would be over-borne on the ground
of repugnancy.
69. We may, bearing in mind the above principles,
examine whether there is any repugnancy between PCA
Act and TNRJ Act so as to have inconsistent and
inconceivable provisions so that they cannot stand
together or operate in the same field. Both the legislators
trace their legislative power in Entry 17 List III.
“Prevention of Cruelty to animals.”
70. We have to examine whether while enacting the PCA
Act, the Parliament has evinced its intention to cover the
whole field. To examine the same, we have to refer to the
Statement of Objects of the Act, Preamble and other
relevant statutory provisions, which would indicate that
the Parliament wanted a comprehensive act with the
object of promoting message of animal welfare and for
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preventing cruelty to the animals. The Statement of
Objects and Reasons of the Act reads as follows:
“Statement of Objects and Reasons
The Committee for the prevention of cruelty

to animals appointed by the Government of India
drew attention to a number of deficiencies in the
Prevention of Cruelty to Animals Act, 1890
(Central Act No. 11 of 1980) and suggested a
replacement by a more comprehensive Act. The
existing Act has restricted scope as:
(1) it applies only to urban areas within

municipal limits;
(2) it defines the term ‘animal’ as meaning
any domestic or captured animal and
thus contains no provision for prevention
of cruelty to animals other than domestic
and captured animals;
(3) it covers only certain specified types of
cruelty to animals; and
(4) penalties for certain offences are
inadequate.
The Bill is intended to give effect to those

recommendations of the Committee which have
been accepted by the Government of India and in
respect of which Central Legislation can be
undertaken. The existing Act is proposed to be
repealed.
Besides declaring certain type of cruelty to

animals to be offences and providing necessary
penalties for such offences and making some of
the more serious of them cognizable, the Bill also
contains provisions for the establishment of an
Animal Welfare Board with the object of
promoting measures for animal welfare.
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Provisions is also being made for the

establishment of a Committee to control
experimentation on animals when the
Government, on the advice of the Animal Welfare
Board, is satisfied that it is necessary to do so for
preventing cruelty to animals during
experimentation. The Bill also contains
provisions for licensing and regulating the
training and performance of animals for the
purpose of any entertainment to which the public
are admitted through sale of tickets.
71. Section 3 has been specifically enacted, as already
indicated, to confer duties on persons who are in-charge or
care of the animals, which says, it is the duty of such
persons to ensure the well-being of such animals and to
prevent infliction of unnecessary pain or suffering upon the
animals. In other words, the well-being and welfare of the
animals is the paramount and dominant intention of the
PCA Act and with that intention it has conferred duties on
the person in-charge or care of the animals and
correspondent rights on the animals. Section 11 confers
obligations on all persons, including persons-in-charge or
care of the animals to see that Section 3 has been fully
obeyed. Exemptions to Section 11 have been provided in
sub-section (3) on the doctrine of necessity, which concept
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we have already dealt with in the earlier part of the
judgment. Section 22 of PCA Act, which deals with
“performing animals”, has to be read along with Sections
3, 11(1), 11(3) of the Act and that expects only the animal
to perform in an exhibition and Bull tamers have no role
unlike TNRJ Act. Sections 21 and 22 refer to training of
animals for performance and not training to withstand the
onslaught of Bull tamers. Sections 3, 11 or 22 do not
confer any right on the human beings to over-power the
animals while it is performing, on the other hand, under
Section 11(m), inciting an animal to fight is an offence.
72. Section 38 of the PCA Act confers rule-making powers
on the Central Government and, in exercise of its rule-
making powers, the Central Government made the
Performing Animal Rules, 1973 and the Performing Animals
(Registration) Rules, 2001 and thrust of all the substantive
and procedural provisions is the welfare and well-being of
the animal and the duties and obligations of the persons
who are in-charge of the animals and also to safeguard the
rights conferred on the animals. Rule 8(vii) specifically
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refers to animals’ “basic natural instinct” and cautions that
the basic natural instinct of the animals be protected and
be not exploited.
73. The TNRJ Act, 2009 is an anthropocentric legislation
enacted not for the welfare of the animals, unlike PCA Act,
which is an eco-centric legislation, enacted to ensure the
well-being and welfare of the animals and to prevent
unnecessary pain or suffering of the animals. The State
Act basically safeguards the interest of the organizers and
spectators while conducting the event of Jallikattu. Act has
no Preamble and the Statement of Objects and Reasons of
the Act reads as follows:
“STATEMENT OF OBJECTS AND REASONS.
“Jallikattu” includes “manjuvirattu”,

“Oormadu”, “Vadamadu” or “Erudhu vidum
vizha”. The said function consists of taming of
bulls as a part of ancient culture and tradition of
the Tamils. The said tradition is in vogue for
more than 400 years. At present, there is no
legislation to regulate the conduct of Jallikattu,
manjuvirattu, Oormadu, Vadamadu, Erudhu
vidum vizha or any such activity involving the
taming of bulls. The Government have,
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therefore, decided to bring out a legislation to

regulate the conduct of the Jallikattu in the State
of Tamil Nadu by prescribing norms to hold such
events and to ensure the safety of animals,
participants and the spectators.
2. The Bill seeks to give effect to the above

decisions.”
Section 4 deals with the responsibility of the organizers.
Section 4(3) provides for double barricade area in order to
avoid injuries to the spectators and by-standers, the prime
consideration is, therefore, to avoid injuries to spectators
and by-standers and not that of the animal. Section 4(iv)
deals with the fixing the gallery for the spectators to sit
and watch the event. Section 4(vi) empowers the Animal
Husbandry Department to test the bulls to ensure that
performance enhancement drugs are not administered.
Duties have also been assigned to the District Collector,
under Section 5 of the Act, to ensure safety of the
spectators and to see that bulls are free from diseases and
not intoxicated or administered with any substance like
nicotine, cocaine etc. to make them more aggressive and
ferocious. Sections 5(ix) and (x) authorize the District
Collector to give wider publicity to the provisions of the
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PCA Act and the rules made thereunder and to ensure the
presence of animal welfare activists of AWBI during the
conduct of the event. Section 7 deals with penalty, it says
‘whoever contravenes the provisions of this Act shall, on
conviction, be punishable with imprisonment which may
extend to one year or with fine, which may extend to
Rs.10,000/-, or with both’. Section 11 of PCA Act, it may
be noted, provides for imprisonment for a term which may
extend maximum to three months, to that extent, there is
inconsistency between Section 7 of the TNRJ Act as well as
Section 11 of the PCA Act.
74. Section 2(d) of the PCA Act speaks of domestic animal
and taming the animal for use of men, which is evidently
for domestic use, being domestic animal, not for
entertainment or amusement. Section 11(3), as already
stated, excludes five categories of cases from Section 11
‘due to necessity’ and Section 28 speaks of killing of
animal in a manner required by the religion of any
community. Section 22 of the Act speaks of performing
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animal, meaning thereby, exhibition and training only for
performance of the animal. The PCA Act does not speak
of ‘taming of animals’ (over-powering animals). Taming of
animal for domestic use and taming of animal for
exhibition or entertainment are entirely different. Section
2(c) of TNRJ Act speaks of ‘taming of bulls’ which is
inconsistent and contrary to the provisions of Chapter V of
PCA Act. Sections 4(vii), (viii) and 5 (viii) speak of Bull
tamers. Bull tamers, therefore, tame the bulls at the
arena, thereby causing strain, stress, inflict pain and
suffering, which PCA Act wants to prevent under Section
11 of the Act. Taming of bulls in arena during Jallikattu, as
per the State Act, is not for the well-being of the animal
and causes the unnecessary pain and suffering, that is
exactly what the Central Act (PCA Act) wants to prevent for
the well-being and welfare of animals, which is also against
the basic natural instinct of the bulls.
75. PCA Act, especially Section 3, coupled with Section
11(1)(m)(ii), as already stated, makes an offence, if any
person solely with a view to provide entertainment, incites
Page 111
112
any animal to fight. Fight can be with an animal or a
human being. Section 5 of TNRJ Act envisages a fight
between a Bull and Bull tamers, that is, Bull tamer has to
fight with the bull and tame it. Such fight is prohibited
under Section 11(1)(m)(ii) of PCA Act read with Section 3
of the Act. Hence, there is inconsistency between Section
5 of TNRJ Act and Section 11(1)(m)(ii) of PCA Act.
76. TNRJ Act, in its Objects and Reasons, speaks of
ancient culture and tradition and also safety of animals,
participants and spectators. PCA Act was enacted at a
time when it was noticed that in order to reap maximum
gains, the animals were being exploited by human beings,
by using coercive methods and by inflicting unnecessary
pain. PCA Act was, therefore, passed to prevent infliction
of unnecessary pain or suffering and for the well-being and
welfare of the animals and to preserve the natural instinct
of the animal. Over-powering the performing animal was
never in the contemplation of the PCA Act and, in fact,
Page 112
113
under Section 3 of the PCA Act, a statutory duty has been
cast on the person who is in-charge or care of the animal
to ensure the well-being of such animal and to prevent
infliction on the animal of unnecessary pain or suffering.
PCA Act, therefore, cast not only duties on human beings,
but also confer corresponding rights on animals, which is
being taken away by the State Act (TNRJ Act) by conferring
rights on the organizers and Bull tamers, to conduct
Jallikattu, which is inconsistent and in direct collision with
Section 3, Section 11(1)(a), 11(1)(m)(ii) and Section 22 of
the PCA Act read with Articles 51A(g) & (h) of the
Constitution and hence repugnant to the PCA Act, which is
a welfare legislation and hence declared unconstitutional
and void, being violative of Article 254(1) of the
Constitution of India.
77. We, therefore, hold that AWBI is right in its stand that
Jallikattu, Bullock-cart Race and such events per se violate
Sections 3, 11(1)(a) and 11(1)(m)(ii) of PCA Act and hence
we uphold the notification dated 11.7.2011 issued by the
Central Government, consequently, Bulls cannot be used
Page 113
114
as performing animals, either for the Jallikattu events or
Bullock-cart Races in the State of Tamil Nadu, Maharashtra
or elsewhere in the country. We, therefore, make the
following declarations and directions:
(1) We declare that the rights guaranteed to the

Bulls under Sections 3 and 11 of PCA Act read with
Articles 51A(g) & (h) are cannot be taken away or
curtailed, except under Sections 11(3) and 28 of
PCA Act.
(2) We declare that the five freedoms, referred to

earlier be read into Sections 3 and 11 of PCA Act,
be protected and safeguarded by the States,
Central Government, Union Territories (in short
“Governments”), MoEF and AWBI.
(3) AWBI and Governments are directed to take
appropriate steps to see that the persons-in-charge
or care of animals, take reasonable measures to
ensure the well-being of animals.
(4) AWBI and Governments are directed to take
steps to prevent the infliction of unnecessary pain
or suffering on the animals, since their rights have
Page 114
115
been statutorily protected under Sections 3 and 11

of PCA Act.
(5) AWBI is also directed to ensure that the
provisions of Section 11(1)(m)(ii) scrupulously
followed, meaning thereby, that the person-in-
charge or care of the animal shall not incite any
animal to fight against a human being or another
animal.
(6) AWBI and the Governments would also see that
even in cases where Section 11(3) is involved, the
animals be not put to unnecessary pain and
suffering and adequate and scientific methods be
adopted to achieve the same.
(7) AWBI and the Governments should take steps to
impart education in relation to human treatment of
animals in accordance with Section 9(k) inculcating
the spirit of Articles 51A(g) & (h) of the
Constitution.
(8) Parliament is expected to make proper
amendment of the PCA Act to provide an effective
deterrent to achieve the object and purpose of the
Act and for violation of Section 11, adequate
penalties and punishments should be imposed.
Page 115
116
(9) Parliament, it is expected, would elevate rights of

animals to that of constitutional rights, as done by
many of the countries around the world, so as to
protect their dignity and honour.
(10) The Governments would see that if the provisions
of the PCA Act and the declarations and the
directions issued by this Court are not properly and
effectively complied with, disciplinary action be
taken against the erring officials so that the
purpose and object of PCA Act could be achieved.
(11) TNRJ Act is found repugnant to PCA Act, which is a
welfare legislation, hence held constitutionally
void, being violative or Article 254(1) of the
Constitution of India.
(12) AWBI is directed to take effective and speedy
steps to implement the provisions of PCA Act in
consultation with SPCA and make periodical reports
to the Governments and if any violation is noticed,
the Governments should take steps to remedy the
same, including appropriate follow-up action.
78. Appeals, transferred cases and the Writ Petition are
disposed of as above, setting aside the judgment of the
Madras High Court, but upholding the judgment of Bombay
Page 116
117
High Court and the notification dated 11.7.2011 issued by
the Central Government. In the facts and circumstances of
the case, there will be no order as to costs.
………………..………….J.
(K.S. Radhakrishnan)
………………...…………J.
(Pinaki Chandra Ghose)
New Delhi,
May 07, 2014.
Page 117
REPORTABLE
CIVIL ORIGINAL JURISDICTION
WRIT PETITION (CIVIL) NO. 23 OF 2016
THE ANIMAL WELFARE BOARD OF

INDIA & ORS. ..PETITIONER(S)
VERSUS
UNION OF INDIA & ANR. ..RESPONDENT(S)
WITH
WRIT PETITION (CIVIL) NO.6 OF 2018
WRIT PETITION (CIVIL) NO.10 OF 2018
CIVIL APPEAL NO….. OF 2023
(ARISING OUT OF SPECIAL LEAVE PETITION (CIVIL) NO.
3528 OF 2018)


Signature Not Verified
Digitally signed by
Nidhi Ahuja
Date: 2023.05.18
19:47:34 IST
Reason:
TRANSFERRED CASE 60 OF 2021
1
JUDGMENT
ANIRUDDHA BOSE, J.
Leave granted in Special Leave Petition (C) No.3528 of 2018.
2. In the case of Animal Welfare Board of India -vs- A.
Nagaraja and Others [(2014) 7 SCC 547], a Division Bench of this
Court had essentially outlawed two common sports practised in the
States of Tamil Nadu and Maharashtra popularly referred to as
‘Jallikattu’ and ‘Bullock Cart Race’ respectively. These bovine
sports were held to be contrary to the provisions of Sections 3,
11(1)(a) and (m) of the Prevention of Cruelty to Animals Act, 1960
(“1960 Act”) which is a Statute enacted by the Parliament. The two
Judge Bench had construed the said provisions in the
Constitutional backdrop of Article 51-A (g) and (h) as also Articles
14 and 21 of the Constitution of India. This judgment was delivered
on 7th May 2014. At that point of time, Jallikattu was regulated by
a State Act in Tamil Nadu, being Tamil Nadu Regulation of
Jallikattu Act, 2009. The Bench held that this State Act was
repugnant to the provisions of the 1960 Act and was held to be
void, having regard to the provisions of Article 254 (1) of the
Constitution of India. On 7th January 2016, a notification was
issued by the Ministry of Environment, Forest and Climate Change
(“MoEF&CC”) [bearing number GSR 13 (E)]. This notification was

2
issued in exercise of the powers conferred by Section 22 of the 1960
Act and prohibited exhibition or training of bulls as performing
animals. However, an exception was carved and it was specified in
this notification that bulls might be continued to be trained as
performing animals at events such as Jallikattu in Tamil Nadu and
Bullock Cart Races in Maharashtra, Karnataka, Punjab, Haryana,
Kerala and Gujarat in the manner by the customs of common
community or practice traditionally under the customs or as part
of culture in any part of the country. In the State of Karnataka,
the race involved male buffaloes, known in that State as “Kambala”.
This exception, however, was made subject to certain conditions
seeking to reduce the pain and suffering of bulls while being used
in such sports. A batch of writ petitions i.e. W.P. (C) Nos. 23 of
2016, 24 of 2016, 25 of 2016, 26 of 2016, 27 of 2016, 88 of 2016,
1059 of 2017, 1011 of 2017, 1188 of 2017, 1193 of 2017, SLP(C)
No.3528 of 2018 and SLP(C) Nos. 3526-3527 of 2018 were
instituted before a Division Bench of this Court questioning legality
of the said notification. The petitioners in those proceedings also
sought compliance with the directions of this Court contained in
the case of A. Nagaraja (supra).
3. The first of these writ petitions have been brought by Animal
Welfare Board of India and others including one Anjali Sharma,

3
but in course of hearing, the Animal Welfare Board changed its
stance and sought to support the stand of the State and Union of
India mainly on the ground that the 1960 Act and certain State
Amendments which were enacted in the year 2017 were not
repugnant and the Board had framed guidelines to prevent
suffering of the bovine species during holding of the aforesaid
events. We shall refer to the three State Amendment Acts later in
this judgment. However, the second writ petitioner- Anjali Sharma,
a practicing advocate of this Court and also a member of the Board
prosecuted the aforesaid writ petition as a single writ petitioner.
4. In connection with W.P.(C) No.1188 of 2017, an Interlocutory
Application (170346 of 2022) has been filed by one Vikramsinh
Nivrutti Bhosale on the strength of his being an agriculturalist in
Maharashtra. He has argued that the challenge to the Maharashtra
Amendment Act, if sustained, could hamper lives of farmers still
associated with Bullock Cart Race. It is also his argument that the
Amendment Act of Maharashtra is also relatable to entry 15 of List
II of the Seventh Schedule of the Constitution of India which
stipulates:-
“Preservation, protection and improvement of stock and prevention

of animal diseases; veterinary training and practice”.
4
5. The Prevention of Cruelty to Animals (Tamil Nadu
Amendment) Act, 2017,(“Tamil Nadu Amendment Act”), The
Prevention of Cruelty to Animals (Maharashtra Amendment) Act,
2017 (“Maharashtra Amendment Act”) and The Prevention of
Cruelty to Animals (Karnataka Second Amendment) Act, 2017
(“Karnataka Amendment Act”) were enacted by the respective State
Legislatures and had received Presidential assent. We shall refer
to these Acts in greater details in this judgment. These Amendment
Acts in substance seek to legitimise various types of bovine sports
including Jallikattu in Tamil Nadu, Bullock Cart Race in
Maharashtra and Kambala in Karnataka. The term Jallikattu as
defined in the Tamil Nadu Amendment Act is as follows:-
“(dd) “Jallikattu” means an event involving bulls conducted

with a view to follow tradition and culture on such days
from the months of January to May of a calendar year and
in such places, as may be notified by the State Government,
and includes “manjuviratu”, “vadamadu” and
“erudhuvidumvizha”.”
In the Karnataka Amendment Act, the term Kambala has
been defined, upon Amendment of the parent Statute as:-
“(aa) “Bulls race or Bullock cart race” means any form

of bulls race including race of Bullock cart as a traditional
sports involving Bulls whether tied to cart with the help of
wooden yoke or not (in whatever name called) normally held
as a part of tradition and culture in the state on such days
and places, as may be notified by the State Government.”;
and
(ii) after clause (d), the following shall be inserted, namely:-
5
(dd) “Kambala” means the traditional sports event
involving Buffalo’s (male) race normally held as a part of
tradition and culture in the state on such days and places,
as may be notified by the State Government.”
Bullock Cart Race as held in Maharashtra has been defined under
Section 2 of the Amendment Act as:-
“(bb) “bullock cart race” means an event involving bulls or

bullocks to conduct a race, whether tied to cart with the help
of wooden yoke or not (by whatever name called), with or
without a cartman with a view to follow tradition and
culture on such days and in any District where it is being
traditionally held at such places, as may be previously
approved by the District Collector, and also known as
“Bailgada Sharyat”, “Chhakadi” and “Shankarpat” in the
State of Maharashtra.”
6. A Public Interest Litigation (“PIL”) was brought before the
High Court of Judicature at Bombay, registered as PIL (stamp)
number 23132 of 2017 (Ajay Marathe vs. The State of
Maharashtra and Others) challenging certain proposed Rules
brought by the State of Maharashtra under the heading “The
Maharashtra Prevention of Cruelty to Animals (Conduct of Bullock
Cart Race) Rules, 2017” permitting Bullock Cart Race and on 11th
October 2017, the High Court restrained conducting of Bullock
Cart Races within the State of Maharashtra. The aforesaid Rules
sought to regulate organisation of Bullock Cart Races.
7. A farmer from that State, Vikramsinh Nivrutti Bhosale from
the District of Sanghli, has instituted Special Leave Petition (Civil)
6
3528 of 2018 assailing that order passed by the Bombay High
Court and in this reference, we shall deal with certain points raised
in the said special leave petition as well.
8. A Division Bench of this Court by an order passed on 2 nd
February 2018 formulated five questions to be answered by a
Constitution Bench and the papers were directed to be placed
before the Hon’ble Chief Justice of India. The Division Bench had
formulated the following 5 questions which we have to answer in
this judgment:-
i. “Is the Tamil Nadu Amendment Act referable, in pith

and substance, to Entry 17, List III of the Seventh
Schedule to the Constitution of India, or does it further
and perpetuate cruelty to animals; and can it,
therefore, be said to be a measure of prevention of
cruelty to animals? Is it colourable legislation which
does not relate to any Entry in the State List or Entry
17 of the Concurrent List?
ii. The Tamil Nadu Amendment Act states that it is to
preserve the cultural heritage of the State of Tamil
Nadu. Can the impugned Tamil Nadu Amendment Act
be stated to be part of the cultural heritage of the
people of the State of Tamil Nadu so as to receive the
protection of Article 29 of the Constitution of India?
iii. Is the Tamil Nadu Amendment Act, in pith and

substance, to ensure the survival and well-being of
the native breed of bulls? Is the Act, in pith and
substance, relatable to Article 48 of the Constitution
of India?
iv. Does the Tamil Nadu Amendment Act go contrary to

Articles 51A(g) and 51A(h), and could it be said,
therefore, to be unreasonable and violative of Articles
14 and 21 of the Constitution of India?
v. Is the impugned Tamil Nadu Amendment Act directly

contrary to the judgment in A. Nagaraja (supra), and
the review judgment dated 16th November, 2016 in
7
the aforesaid case, and whether the defects pointed
out in the aforesaid two judgments could be said to
have been overcome by the Tamil Nadu Legislature by
enacting the impugned Tamil Nadu Amendment Act?”
9. The Presidential assent was sought for by the three States in
terms of Article 254(2) of the Constitution of India. On behalf of the
petitioners, the very act of assent of the President has been
questioned and citing the judgment of this Court in the case of
Gram Panchayat of Village Jamalpur -vs- Malwinder Singh and
Others [(1985) 3 SCC 661] it has been argued that for obtaining
such assent, complete details were not disclosed before the
President. The judgment of this Court in Hoechst
Pharmaceuticals Ltd. and Others -vs- State of Bihar and Others
[(1983) 4 SCC 45] was also cited by the petitioners to contend that
such assent of the President is relevant only if the legislation is
relatable to an Entry in List III of Seventh Schedule of the
Constitution. But in our view, the Amendment Statutes are
relatable to Entry 17 of List III of Seventh Schedule and hence we
do not consider it necessary to deal with the ratio laid down in the
case of Hoechst Pharmaceuticals (supra). Certain other
judgments were also cited in support of this proposition. We shall
express our opinion on this point in subsequent part of this
judgment.
8
10. In W.P. (C) No.1152 of 2018, the legality of the Karnataka
Amendment Act has been challenged. This petition was tagged with
W.P.(C) No.1059 of 2017 by an order dated 7.12.2018. W.P.(C)
No.1059 of 2017 was heard along with T.C. (C) No.60 of 2021, a
three-Judge Bench of this Court took cognizance of the Karnataka
and Maharashtra Amendment Acts and in an order passed by the
said Bench on 16.12.2021, it was observed:-
“The entire matter in relation to similar amendments

made by the State of Tamil Nadu and State of
Karnataka is now referred to the Constitution Bench,
including to consider the question whether these
amendment Acts (of State of Tamil Nadu) overcome the
defects pointed out in the two judgments of this Court.
Similar question would arise in these writ petitions and
transferred case from Maharashtra concerning the
provisions of State of Maharashtra. Hence, these writ
petitions be heard along with writ petitions pertaining to
the State of Tamil Nadu and State of Karnataka.”
11. In the judgment of A. Nagaraja (supra), dealing with
Jallikattu and Bullock Cart Race in Maharashtra, the Division
Bench of this Court found bulls to be non-suitable for being
involved in any sports. The Bench found that the bulls were not
performing animals having no natural inclination for running like
a horse. The reasoning of the Bench in the case of A. Nagaraja
(supra) would appear, inter-alia, from paragraphs 33, 37, 41, 44,
53 and 73. It has been held by the Court in these paragraphs:-
“33. The PCA Act is a welfare legislation which has to be

construed bearing in mind the purpose and object of the Act
and the directive principles of State policy. It is trite law that,
9
in the matters of welfare legislation, the provisions of law
should be liberally construed in favour of the weak and
infirm. The court also should be vigilant to see that benefits
conferred by such remedial and welfare legislation are not
defeated by subtle devices. The court has got the duty that,
in every case, where ingenuity is expanded to avoid welfare
legislations, to get behind the smokescreen and discover the
true state of affairs. The court can go behind the form and
see the substance of the devise for which it has to pierce the
veil and examine whether the guidelines or the regulations
are framed so as to achieve some other purpose than the
welfare of the animals. Regulations or guidelines, whether
statutory or otherwise, if they purport to dilute or defeat the
welfare legislation and the constitutional principles, the
court should not hesitate to strike them down so as to
achieve the ultimate object and purpose of the welfare
legislation. The court has also a duty under the doctrine of
parens patriae to take care of the rights of animals, since
they are unable to take care of themselves as against
human beings.”
Xxx
“37. Section 11 generally deals with the cruelty to animals.

Section 11 confers no right on the organisers to conduct
Jallikattu/bullock cart race. Section 11 is a beneficial
provision enacted for the welfare and protection of the
animals and it is penal in nature. Being penal in nature, it
confers rights on the animals and obligations on all persons,
including those who are in charge or care of the animals,
AWBI, etc. to look after their well-being and welfare.”
xxx
“41. Section 11(3) carves out exceptions in five categories of
cases mentioned in Sections 11(3)(a) to (e), which are as
follows:
“11. (3) Nothing in this section shall apply to—
(a) the dehorning of cattle, or the castration or
branding or nose-roping of any animal, in the
prescribed manner; or
(b) the destruction of stray dogs in lethal
chambers or by such other methods as may be
prescribed; or
(c) the extermination or destruction of any animal
under the authority of any law for the time being
in force; or
(d) any matter dealt with in Chapter IV; or
10
(e) the commission or omission of any act in the
course of the destruction or the preparation for
destruction of any animal as food for mankind
unless such destruction or preparation was
accompanied by the infliction of unnecessary pain
or suffering.”
Exceptions are incorporated based on
the “doctrine of necessity”. Clause (b) to
Section 11(3) deals with the destruction
of stray dogs, out of necessity,
otherwise, it would be harmful to
human beings. Clause (d) to Section
11(3) deals with matters dealt with in
Chapter IV, incorporated out of
necessity, which deals with the
experimentation on animals, which is
for the purpose of advancement by new
discovery of physiological knowledge or
of knowledge which would be useful for
saving or for prolonging life or
alleviating suffering or for combating
any disease, whether of human beings,
animals or plants, which is not
prohibited and is lawful. Clause (e) to
Section 11(3) permits killing of animals
as food for mankind, of course, without
inflicting unnecessary pain or suffering,
which clause is also incorporated “out
of necessity”. Experimenting on animals
and eating their flesh are stated to be
two major forms of speciesism in our
society. Over and above, the legislature,
by virtue of Section 28, has favoured
killing of animals in a manner required
by the religion of any community.
Entertainment, exhibition or
amusement do not fall under these
exempted categories and cannot be
claimed as a matter of right under the
doctrine of necessity.”
xxx
“44. Bulls, therefore, in our view, cannot be performing
animals, anatomically not designed for that, but are forced
to perform, inflicting pain and suffering, in total violation of
Section 3 and Section 11(1) of the PCA Act. Chapter V of the
PCA Act deals with the performing animals. Section 22 of
the PCA Act places restriction on exhibition and training of
performing animals, which reads as under:
11
“22.Restriction on exhibition and training of
performing animals.—No person shall exhibit or train—
(i) any performing animal unless he is registered
in accordance with the provisions of this Chapter;
(ii) as a performing animal, any animal which the
Central Government may, by notification in the
Official Gazette, specify as an animal which shall
not be exhibited or trained as a performing
animal.”
xxx
“53. The Statement of Objects and Reasons of the TNRJ Act
refers to ancient culture and tradition and does not state
that it has any religious significance. Even the ancient
culture and tradition do not support the conduct of Jallikattu
or bullock cart race, in the form in which they are being
conducted at present. Welfare and the well-being of the bull
is Tamil culture and tradition, they do not approve of
infliction of any pain or suffering on the bulls, on the other
hand, Tamil tradition and culture are to worship the bull
and the bull is always considered as the vehicle of Lord
Shiva. Yeru Thazhuvu, in Tamil tradition, is to embrace bulls
and not overpowering the bull, to show human bravery.
Jallikattu means, silver or gold coins tied to the bull's horns
and in olden days those who got at the money to the bull's
horns would marry the daughter of the owner. Jallikattu or
the bullock cart race, as practised now, has never been the
tradition or culture of Tamil Nadu.”
xxx
“73. Jallikattu and other forms of bulls race, as the various
reports indicate, cause considerable pain, stress and strain
on the bulls. Bulls, in such events, not only do move their
head showing that they do not want to go to the arena but,
as pain inflicted in the vadi vasal is so much, they have no
other go but to flee to a situation which is adverse to them.
Bulls, in that situation, are stressed, exhausted, injured and
humiliated. Frustration of the bulls is noticeable in their
vocalisation and, looking at the facial expression of the
bulls, ethologist or an ordinary man can easily sense their
suffering. Bulls, otherwise are very peaceful animals
dedicating their life for human use and requirement, but
they are subjected to such an ordeal that not only inflicts
serious suffering on them but also forces them to behave in
ways, namely, they do not behave, force them into the event
which does not like and, in that process, they are being
tortured to the hilt. Bulls cannot carry the so-called
performance without being exhausted, injured, tortured or
humiliated. Bulls are also intentionally subjected to fear,
12
injury—both mentally and physically—and put to
unnecessary stress and strain for human pleasure and
enjoyment, that too, a species which has totally dedicated
its life for human benefit, out of necessity.”
12. The 1960 Act has been enacted in pursuance of legislative
power contained in Entry 17 of List III of the Seventh Schedule to
the Constitution of India. The impact of the Amendment Acts on
the main Statute would be revealed from the comparative table
given below:-
Provisions The Prevention of The Prevention of The Prevention of The Prevention of

Cruelty to Animals Cruelty to Animals Cruelty to Animals Cruelty to Animals
Act, 1960 (Tamil Nadu (Karnataka Second (Maharashtra
(“Principal Act”) Amendment) Act, Amendment) Act, Amendment) Act,
2017 2017 2017
Scope An Act to prevent the An Act to amend the An Act further to An Act to amend the
infliction of Prevention of Cruelty amend the Prevention of Cruelty
unnecessary pain or to Animals Act, 1960 Prevention of Cruelty to Animals Act,
suffering on animals so as to preserve the to Animals Act, 1960 1960, in its
and for that purpose cultural heritage of in its application to application to the
to amend the law the State of Tamil the State of State of
relating to the Nadu and to ensure Karnataka. Maharashtra.
prevention of cruelty the survival and
to animals. wellbeing of the
native breeds of
bulls.
Section 2 Defintions.-In this In section 2 of the - In section 2 of the In section 2 of the

Act, unless the Prevention of Cruelty Prevention of Cruelty Prevention of Cruelty
context otherwise to Animals Act, 1960 to Animals Act, 1960 to Animals Act,
requires,― (a) (Central Act 59 of (Central Act 59 of 1960, in its
“animal” means any 1960) (hereinafter 1960) (hereinafter application to the
living creature other referred to as the referred to as the State of
than a human being; Principal Act after Principal Act),- (i) Maharashtra
[(b) “Board” means clause (d), the after clause (a), the (hereinafter referred
the Board following clause following shall be to as “the principal
established under shall be inserted, inserted, namely:- Act”), after clause
section 4, and as namely:— “(dd) “(aa) “Bulls race or (b), the following
reconstituted from ‘’Jallikattu’’ means Bullock cart race” clause shall be
time to time under an event involving means any form of inserted, namely:—
section 5A;] (c) bulls conducted with bulls race including
“captive animal” a view to follow race of Bullock cart “(bb) "bullock cart
means any animal tradition and culture as a traditional race" means an
(not being a on such days from sports involving event involving bulls
13
domestic animal) the months of Bulls whether tied to or bullocks to
which is in captivity January to May of a cart with the help of conduct a race,
or confinement, calendar year and in wooden yoke or not whether tied to cart
whether permanent such places, as may (in whatever name with the help of
or temporary, or be notified by the called) normally held wooden yoke or not
which is subjected to State Government, as a part of tradition (by whatever name
any appliance or and includes and culture in the called), with or
contrivance for the “manjuviratu”, state on such days without a cartman
purpose of hindering “vadamadu” and and places, as may with a view to follow
or preventing its “erudhuvidumvizha” be notified by the tradition and culture
escape from captivity .” State Government.”; on such days and in
or confinement or and (ii) after clause any District where it
which is pinioned or (d), the following is being traditionally
which is or appears shall be inserted, held at such places,
to be maimed; (d) namely:- “(dd) as may be previously
“domestic animal” “Kambala” means approved by the
means any animal the traditional sports District Collector,
which is tamed or event involving and also known as
which has been or is Buffalo’s (male) race "Bailgada Sharyat',
being sufficiently normally held as a "Chhakadi" and
tamed to serve some part of tradition and "Shankarpat” in the
purpose for the use culture in the state State of
of man or which, on such days and Maharashtra".
although it neither places, as may be
has been nor is being notified by the State
nor is intended to be Government.”
so tamed, is or has
become in fact
wholly or partly
tamed; (e) “local
authority” means a
municipal
committee, district
board or other
authority for the
time being invested
by law with the
control and
administration of
any matters within a
specified local area;
(f) “owner”, used with
reference to an
animal, includes not
only the owner but
also any other
person for the time
being in possession
or custody of the
animal, whether
with or without the
consent of the
owner; (g) “phooka”
or “doom dev”
includes any process
of introducing air or
any substance into
the female organ of a
milch animal with
the object of drawing
14
off from the animal
any secretion of
milk; (h) “prescribed”
means prescribed by
rules made under
this Act; (i) “street”
includes any way,
road, lane, square,
court, alley, passage
or open space,
whether a
thoroughfare or not,
to which the public
have access.
Section 3 Duties of persons Section 3 of the Section 3 of the Section 3 of the

having charge of principal Act shall be principal Act, shall principal Act shall be
animals.―It shall be re-numbered as sub- be renumbered as re-numbered as sub-
the duty of every section (1) of that subsection (1) of that section (1) thereof;
person having the section and after section and after and after sub-
care or charge of sub-section (1) as so sub-section (1) as so section (1) as so
any animal to take re-numbered, the renumbered, the renumbered, the
all reasonable following subsection following sub- following sub-
measures to ensure shall be added, section shall be sections shall be
the well-being of namely:— inserted, namely:- added, namely :—
such animal and to “(2)Notwithstanding “(2) Notwithstanding “(2)Notwithstanding
prevent the anything contained anything contained anything contained
infliction upon in sub-section (1), in subsection (1) in sub-section (1),
such animal of conduct of conduct of the bullock cart race
unnecessary pain ‘Jallikattu’, subject “Kambala” or “Bulls may be conducted
or suffering. to such rules and race or Bullock cart with the prior
regulations as may race” shall be permission of the
be framed by the permitted, subject to Collector, subject to
State Government, condition that no the condition that no
shall be permitted.”. unnecessary pain or pain or suffering as
suffering is caused envisaged by or
to the animals, by under the Act is
the person in charge caused to the animal
of that animal used by any person or
to conduct person in charge of
“Kambala” or “Bulls the animal used to
race or Bullock cart conduct bullock cart
race” as the case race and subject to
may be and subject such other
to such other conditions as may be
conditions as may be prescribed by rules
specified, by the under section 38B
State Government, by the State
by notification." Government. (3) If
any person or person
in charge of the
animals conducts
bullock cart race in
contravention of the
conditions laid down
in sub-section (2) or
rules made
thereunder relating
15
to the bullock cart
race or causes pain
or suffering to the
animal, he shall be
punished with fine
which may extend
upto rupees five
lakhs or
imprisonment for a
term which may
extend upto three
years.”
Section 11 Treating animals In section 11 of the In section 11 of the In section 11 of the

cruelly.―(1) If any principal Act, in sub- principal Act, in sub- principal Act, in sub-
person― (a) beats, section (3), after section (3), after section (3), after
kicks, over-rides, clause (e), the clause (e), the clause (c),the
overdrives, over- following clause following shall be following clause
loads, tortures or shall be added, inserted, namely:- shall be inserted,
otherwise treats namely:— “(f) the “(f) the conduct of namely :— “(c-1) the
any animal so as to conduct of “Kambala” with a conduct of bullock
subject it to ‘Jallikattu’ with a view to follow and cart race in
unnecessary pain view to follow and promote tradition accordance with the
or suffering or promote tradition and culture and provisions of sub-
causes or, being the and culture and ensure preservation section (2) of section
owner permits, any ensure preservation of native breed of 3 or participation
animal to be so of native breeds of buffalos as also their therein with a view
treated; or (b) bulls as also their safety, security and to follow and
[employs in any safety, security and wellbeing. (g) the promote tradition
work or labour or wellbeing.” conduct of “Bulls and culture and
for any purpose any race or Bullock cart ensure preservation
animal which, by race” with a view to of native breeds of
reason of its age or follow and promote bulls as also their
any disease], tradition and culture purity, safety,
infirmity, wound, and ensure security and well
sore or other cause, preservation of being; or”.
is unfit to be so native breed of cattle
employed or, being as also their safety,
the owner, permits security and
any such unfit wellbeing.”
animal to be so
employed; or (c)
wilfully and
unreasonably
administers any
injurious drug or
injurious substance
to 2 [any animal] or
wilfully and
unreasonably
causes or attempts
to cause any such
drug or substance
to be taken by 2
[any animal]; or (d)
conveys or carries,
whether in or upon
any vehicle or not,
16
any animal in such
a manner or
position as to
subject it to
unnecessary pain
or suffering; or (e)
keeps or confines
any animal in any
cage or other
receptacle which
does not measure
sufficiently in
height, length and
breadth to permit
the animal a
reasonable
opportunity for
movement; or (f)
keeps for an
unreasonable time
any animal chained
or tethered upon an
unreasonably short
or unreasonably
heavy chain or
cord; or (g) being
the owner, neglects
to exercise or cause
to be exercised
reasonably any dog
habitually chained
up or kept in close
confinement; or (h)
being the owner of
[any animal] fails to
provide such
animal with
sufficient food,
drink or shelter; or
(i) without
reasonable cause,
abandons any
animal in
circumstances
which render it
likely that it will
suffer pain by
reason of
starvation or
thirst; or (j) wilfully
permits any
animal, of which he
is the owner, to go
at large in any
street while the
animal is affected
with contagious or
infectious disease
or, without
reasonable excuse
17
permits any
diseased or
disabled animal, of
which he is the
owner, to die in any
street; or (k) offers
for sale or, without
reasonable cause,
has in his
possession any
animal which is
suffering pain by
reason of
mutilation,
starvation, thirst,
overcrowding or
other ill-treatment;
or 1 [(l) multilates
any animal or kills
any animal
(including stray
dogs) by using the
method of
strychnine
injections in the
heart or in any
other
unnecessarily cruel
manner; or] 2 [(m)
solely with a view
to providing
entertainment— (i)
confines or causes
to be confined any
animal (including
tying of an animal
as a bait in a tiger
or other sanctuary)
so as to make it an
object of prey for
any other animal;
or (ii) incites any
animal to fight or
bait any other
animal; or] (n) 3 ***
organises, keeps,
uses or acts in the
management of,
any place for
animal fighting or
for the purpose of
baiting any animal
or permits or offers
any place to be so
used or receives
money for the
admission of any
other person to any
place kept or used
for any such
18
purposes; or (o)
promotes or takes
part in any
shooting match or
competition
wherein animals
are released from
captivity for the
purpose of such
shooting; he shall
be punishable, 4 [in
the case of a first
offence, with fine
which shall not be
less than ten
rupees but which
may extend to fifty
rupees and in the
case of a second or
subsequent offence
committed within
three years of the
previous offence,
with fine which
shall not be less
than twenty-five
rupees but which
may extend to one
hundred rupees or
with imprisonment
for a term which
may extend to
three months, or
with both]. (2) For
the purposes of
sub-section (1), an
owner shall be
deemed to have
committed an
offence if he has
failed to exercise
reasonable care and
supervision with a
view to the
prevention of such
offence: Provided
that where an
owner is convicted
of permitting
cruelty by reason
only of having
failed to exercise
such care and
supervision, he
shall not be liable
to imprisonment
without the option
of a fine. (3)
Nothing in this
section shall apply
19
to― (a) the
dehorning of cattle,
or the castration or
branding or nose-
roping of any
animal, in the
prescribed manner;
or (b) the
destruction of stray
dogs in lethal
chambers or 5 [by
such other
methods as may be
prescribed]; or (c)
the extermination
or destruction of
any animal under
the authority of
any law for the
time being in force;
or (d) any matter
dealt with in
Chapter IV; or (e)
the commission or
omission of any act
in the course of the
destruction or the
preparation for
destruction of any
animal as food for
mankind unless
such destruction or
preparation was
accompanied by
the infliction of
unnecessary pain
or suffering.
Section 22 Restriction on The following proviso In section 22 of the In section 22 of the

exhibition and shall be added to principal Act, at the principal Act, the
training of section 22 of the end, the following following proviso
performing principal Act, proviso shall be shall be added,
animals.―No person namely:— “Provided inserted, namely :— “ Provided
shall exhibit or that nothing namely:“Provided that, nothing
train― (i) any contained in this that nothing contained in this
performing animal section shall apply to contained in this section shall apply to
unless he is conduct of section shall apply to the conduct of
registered in ‘Jallikattu’.”. conduct of bullock cart race in
accordance with the “Kambala” or “Bulls accordance with the
provisions of this race or Bullock cart provisions of sub-
Chapter; (ii) as a race” as the case section (2) of section
performing animal, may be.” 3.”.
any animal which
the Central
Government may, by
notification in the
Official Gazette,
specify as an animal
20
which shall not be
exhibited or trained
as a performing
animal.
Section 27 Exemptions.―Nothin In section 27 of the In section 27 of the In section 27 of the

g contained in this principal Act, after principal Act, after principal Act, after
Chapter shall apply clause (b), the clause (b), the clause (a), the
to― (a) the training of following clause following shall be following clause
animals for bona fide shall be added, inserted, namely:- shall be inserted,
military or police namely:— “(c) the “(c) the conduct of namely :— “(a-1) the
purposes or the conduct of “Kambala” with a conduct of bullock
exhibition of any ‘Jallikattu’ with a view to follow and cart race in
animals so trained; view to follow and promote tradition accordance with the
or (b) any animals promote tradition and culture and provisions of sub-
kept in any and culture and ensure survival and section (2) of section
zoological garden or ensure survival and continuance of 3, with a view to
by any society or continuance of native breeds of follow and promote
association which native breeds of buffaloes. (d) the tradition and culture
has for its principal bulls.”. conduct of “Bulls and ensure survival
object the exhibition race or Bullock cart and continuance of
of animals for race” with a view to native breeds of
educational or follow and promote bulls; or ”
scientific purposes. tradition and culture
and ensure survival
and continuance of
native breeds of
cattle.”
Insertion of — After Section 28 of After Section 28 of After Section 28 of

28A the principal Act, the the principal Act, the the principal Act, the
following section following section following section
shall be inserted, shall be inserted, shall be inserted,
namely:- namely:- namely:-
"Nothing Contained Nothing contained in "28A Nothing
in this Act shall this Act, shall apply contained in this Act
apply to 'Jallikattu' to “Kambala” or shall apply to the
conducted to follow “Bulls race or bullock cart race
and promote Bullock cart race” conducted in
tradition and culture conducted to follow accordance with the
and such conduct of and promote provisions of sub-
'Jallikattu' shall not tradition and culture section (2) of Section
be an offence under and such conduct of 3 to follow and
this Act." “Kambala” or “Bulls promote tradition
race or Bullock cart and culture and
race” shall not be an such conduct shall
offence under this not be an offence
Act.” under this Act."
Insertion of — — — After Section 38A of

38B the principal Act, the
following section
shall be inserted,
namely:-
“(1) The State
21
Government may,
subject to the
condition of previous
publication, by
notification in the
Official Gazette,
make the rules, not
inconsistent with the
rules made by the
Central Government,
if any, for carrying
into effect the
provisions of sub-
section (2) of section
3 of the Act (2) Every
rule made under this
section shall be laid,
as soon as may be,
after it is made,
before each House of
the State
Legislature, while it
is in session for a
total period of thirty
days, which may be
comprised in one
session or in two or
more successive
sessions, and if,
before the expiry of
the session in which
it is so laid or the
session immediately
following, both
Houses agree in
making any
modification in rule
or both Houses agree
that the rule should
not be made, and
notify such decision
in the Official
Gazette, the rule
shall, from the date
of publication of
such notification,
have effect only in
such modified form
or be of no effect, as
the case may be; so,
however, that any
such modification or
annulment shall be
without prejudice to
the validity of
anything previously
done or omitted to be
done under that
rule"
22
13. After the aforesaid three Amendment Acts received
Presidential assent, the States of Tamil Nadu and Maharashtra
formulated Rules for conducting the aforesaid bovine sports. The
Tamil Nadu Rules were titled “The Tamil Nadu Prevention of
Cruelty to Animals (Conduct of Jallikattu) Rules, 2017” and for the
State of Maharashtra, “The Maharashtra Prevention of Cruelty to
Animals (Conduct of Bullock Cart Race) Rules, 2017” was
formulated. So far as the State of Karnataka is concerned, a
Notification was issued on similar lines by a Memorandum No.
PSM 257 SLV-2014 dated 17th December 2015. These
Rules/Notification seek to rigidly regulate conducting the aforesaid
bovine sports. They postulate provisions for application for
permission of holding the sports, for participating in the race. For
organising of Bullock Cart Race, Rules stipulate for the manner in
which such races could be conducted with specifications for length
of the track, rest period and isolation of the track from general
public. The Tamil Nadu Rules specifically provides for examination
of bulls, with specifications for the arena, bull collection yard as
also setting up of spectators’ gallery. These instruments in
substance prohibit causing any physical disturbance to the bulls
like beating and poking them with sharp objects, sticks, pouring
23
chilli powder in their eyes, twisting their tails amongst other such
pain inflicting acts.
14. The main theme of the submissions of the petitioners/parties
who are assailing the Amendment Acts are founded on two planks.
Mr. Shyam Divan, Mr. Anand Grover, Mr. Sidharth Luthra, Mr.
Krishnan Venugopal and Mr. V. Giri, learned Senior Advocates
have appeared for the parties assailing continued performance of
these sports which are considered to be cruel. The Respondents’
cases supporting the continuation of these sports have been
mainly argued by Mr. Tushar Mehta, ld. Solicitor General, Mr.
Kapil Sibal, Mr. Mukul Rohatgi and Mr. Rakesh Dwivedi, learned
Senior Advocates. For the petitioners, their main case is that even
after the State Amendments, the activities sought to be legitimised
still remain destructive and contrary to the provisions of Sections
3, 11(1) (a) and (m) of the 1960 Act. It is their contention that the
Amendment Acts do not cure the defects or deficiencies brought
about by the judgment of A. Nagaraja (supra). The ratio of the said
judgment is sought to be bypassed through these Amendment
Acts, which is impermissible in law. It has also been argued that
the expression “person” as used in Article 21 of the Constitution of
India includes sentient animals and their liberty is sought to be
curtailed by legitimising the aforesaid bovine sports and the

24
instrument of such legitimisation being the three Amendment Acts
is unreasonable and arbitrary, thereby not meeting the standard
of Article 14 of the Constitution of India. In fact, that is the fourth
point of question of reference which we shall be addressing in this
judgment. The petitioners seek to inter-weave Articles 14, 21, 48,
51-A (h) and (g) to set up a rights-regime for the animals. Their
contention is that the Fundamental Duty of Indian citizens to have
compassion for living creatures and to develop humanism result
in corresponding rights for sentient animals to be protected for
distress and pain inflicting activities only having entertainment
value for human beings.
15. The other argument advanced is that these sports cannot be
held to be part of cultural heritage of the State of Tamil Nadu which
is so provided in the Preamble of the Amendment Act of that State.
Preamble of the Tamil Nadu Amendment Act provides that the
object of the said Statute is to preserve the cultural heritage of the
State of Tamil Nadu and to ensure the survival and wellbeing of
native breeds of bulls. The said Act inserted [clause 2(d)] in the
definition clause of the 1960 Act and amended Section 11(3) of the
same Statute, adding sub-clause (f) thereto. There are two more
Amendments which would appear from the table we have given
above, but those are primarily to exempt Jallikattu from the

25
restrictive provisions of the 1960 Act. In the judgment of A.
Nagaraja (supra) it was inter-alia held on the point of tradition and
culture of Jallikattu:-
“54. The PCA Act, a welfare legislation, in our view,

overshadows or overrides the so-called tradition and
culture. Jallikattu and bullock cart races, the manner in
which they are conducted, have no support of Tamil
tradition or culture. Assuming, it has been in vogue for quite
some time, in our view, the same should give way to the
welfare legislation, like the PCA Act which has been enacted
to prevent infliction of unnecessary pain or suffering on
animals and confer duties and obligations on persons in
charge of animals. Of late, there are some attempts at
certain quarters, to reap maximum gains and the animals
are being exploited by the human beings by using coercive
methods and inflicting unnecessary pain for pleasure,
amusement and enjoyment. We have a history of doing
away with such evil practices in society, assuming such
practices have the support of culture and tradition, as tried
to be projected in the TNRJ Act. Professor Salmond states
that custom is the embodiment of those principles which
have commended themselves to the national conscience as
the principles of justice and public utility. This Court, in N.
Adithayan v. Travancore Devaswom Board [(2002) 8 SCC
106] (2002) 8 SCC 106, while examining the scope of
Articles 25(1), 26(a), 26(b), 17, 14 and 21, held as follows:
(SCC p. 125, para 18)
“18. … Any custom or usage irrespective of even
any proof of their existence in pre-constitutional
days cannot be countenanced as a source of law
to claim any rights when it is found to violate
human rights, dignity, social equality and the
specific mandate of the Constitution and law
made by Parliament. No usage which is found to
be pernicious and considered to be in derogation
of the law of the land or opposed to public policy
or social decency can be accepted or upheld by
courts in the country.”
55. As early as 1500-600 BC in Isha-Upanishads, it is
professed as follows:
“The universe along with its creatures belongs to
the land. No creature is superior to any other.
Human beings should not be above nature. Let no
one species encroach over the rights and
privileges of other species.”
26
In our view, this is the culture and tradition of the country,
particularly the States of Tamil Nadu and Maharashtra.
56. The PCA Act has been enacted with an object to

safeguard the welfare of the animals and evidently to cure
some mischief and age old practices, so as to bring into
effect some type of reform, based on eco-centric principles,
recognising the intrinsic value and worth of animals. All the
same, the Act has taken care of the religious practices of the
community, while killing an animal vide Section 28 of the
Act.”
16. On this basis, arguments have been advanced on behalf of
the petitioners that the Amendment Act of Tamil Nadu having
regard to its Preamble seeks to invalidate conclusive judicial
opinion without curing the defects specified in that decision in the
conduct of Jallikattu. So far as the Karnataka Amendment Act is
concerned, in the definition clauses of “Bulls Race or Bullock Cart
Race” and “Kambala”, they have been described as part of tradition
and culture of the State. In the Maharashtra Act also the source of
Bullock Cart Race has been identified to be the tradition and
culture of specified parts of that State in the definition clause of
Bullock Cart Race.
17. The argument of the petitioners and the interveners
supporting in substance the ban on performance of these sports
have been that the Statutes seek to validate the provisions that
were held to be illegal by this Court without curing the defects
outlined in the judgment of A. Nagaraja (supra). In such
27
circumstances, the Amendment Acts could not be held to be in
exercise of legitimate legislative power in the light of the
constitutional provisions and these enactments are colourable
legislations. The authorities in support of this proposition cited by
the petitioners are Shri Prithvi Cotton Mills Ltd. and Another -
vs- Broach Borough Municipality and Others [(1969) 2 SCC
283], Bhubaneshwar Singh and Another -vs- Union of India and
Others [(1994) 6 SCC 77], Indra Sawhney -vs- Union of India and
Others [(2000) 1 SCC 168], Amarendra Kumar Mohapatra and
Others -vs- State of Orissa and others [(2014) 4 SCC 583], State
of M.P. -vs- Mahalaxmi Fabric Mills Ltd. and Others [1995 Supp
(1) SCC 642], D.C. Wadhwa DR and Others -vs- State of Bihar
and Others [(1987) 1 SCC 378], Sri Sri Sri K. C. Gajapati Narayan
Deo -vs- State of Orissa [1954 SCR 1], S.S. Bola and Others -vs-
B.D. Sardana and Others [(1997) 8 SCC 522], State of Tamil
Nadu -vs- State of Kerala and Another [(2014) 12 SCC 696],
Madan Mohan Pathak and Another -vs- Union Of India and
Others [(1978) 2 SCC 50], National Agricultural Cooperative
Marketing Federation of India Ltd. and Another -vs- Union of
India and Others [(2003) 5 SCC 23], In Re Punjab Termination
of Agreement Act, 2004 [(2017) 1 SCC 121], Mafatlal Industries
Ltd. and Others -vs- Union of India and Others [(1997) 5 SCC
28
536], S. T. Sadiq -vs- State of Kerala and Others [(2015) 4 SCC
400], A.R. Antulay -vs- R.S. Nayak and Another [(1988) 2 SCC
602] and Maneka Gandhi -vs- Union of India and Another
[(1978) 1 SCC 248]. The judgment of the Maneka Gandhi (supra)
was also relied upon to contend that in order to protect
Fundamental Rights, the effect of the law has to be looked at and
not just theories and provisions of law.
18. Corollary submissions of the petitioners are that after
Presidential assent was given to the three Statutes, they
legitimised the three aforesaid events but the manner in which
they are conducted is contrary to the provisions of Sections 3,
11(1)(a) and (m) as was held in the A. Nagaraja (supra) case.
Hence, the attempt of the Amendment Acts is to override a judicial
verdict without addressing the grounds on which this Court had
found Jallikattu and Bullock Cart Race in the States of Tamil Nadu
and Maharashtra respectively to be in violation of the 1960 Act.
This legislative exercise, as argued by the petitioners, go contrary
to Constitutional scheme. The authorities cited on this point are
State of Tamil Nadu -vs- State of Kerala (supra), Chief
Secretary to the Government, Chennai, Tamil Nadu and
Others -vs- Animal Welfare Board and Another [(2017) 2 SCC
29
144] and Rupa Ashok Hurra -vs- Ashok Hurra and Another
[(2002) 4 SCC 388].
19. In the case of A. Nagaraja (supra), the two Judge Bench, on
the basis of affidavit of the Animal Welfare Board of India and
MoEF&CC described the manner in which Jallikattu was being
performed. The preparation of the bulls for these sports entail, but
not limited to, ear cutting/mutilation, twisting of tail, resulting in
fracture and dislocation of tail bones. It was also stated that 95%
of the bulls that were used in the process of participation in these
sports were soiled with faeces from below the base of their tails
and across the large part of their hindquarters. Additionally,
bovine species were forced to stand together in accumulated waste
for hours. At one of the locations of the events, the Animal Welfare
Board found that in the “collection area”, a bull died due to injuries
caused as a result of head-on collision with a moving passenger
bus. Injuries were caused to muscle bones, nerves and blood
vessels also as the bulls were subjected to tail-biting, poking them
with sharp objects to excite them, use of irritants in the eyes and
nose. Vadi vassal (the cattle bull entry place in Jallikattu) were
narrow entry corridors which had cramping conditions and bulls
were made to move sideways which is an unnatural movement for
them. There was also lack of food and water at the respective
30
locations and instances of spectators beating, biting and agitating
the bulls. Such abhorrent practises surfaced from investigation
reports relied on by the petitioners. In paragraph 67 of A. Nagaraja
(supra), as reported in the aforesaid journal, substantial emphasis
has been laid on Article 48 of the Constitution of India read with
Fundamental Duties enshrined in Article 51-A (g) and (h). On that
basis, argument was advanced that sentient species should be
accorded the protective umbrella of Article 21 of the Constitution.
We shall deal with that aspect later in this judgment. In fact,
argument in this line has been advanced on the basis that sentient
animals have natural rights to live a life with dignity without any
infliction of cruelty. The other line of submission on behalf of the
petitioners is that the subject dealt with by the three Amendment
Acts does not relate to List III. On this count the authorities cited
were State of Bihar and Others -vs- Indian Aluminium
Company and Others [(1997) 8 SCC 360], Hoechst
Pharmaceuticals Ltd. (supra), M. Karunanidhi -vs- Union of
India and Another [(1979) 3 SCC 431] and K.T. Plantation
Private Ltd. and Another -vs- State of Karnataka [(2011) 9
SCC 1].
20. It has also been the argument of the petitioners that making
exception for bulls to carve them out of the protective mechanism

31
of the 1960 Act was not based on any intelligible criteria but on an
arbitrary selection. Learned Counsel for the petitioners relied on
Director of Education (Secondary) and Another -vs-
Pushpendra Kumar and Others [(1998) 5 SCC 192], Harbilas Rai
Bansal -vs- State of Punjab and Another [(1996) 1 SCC 1], State
of Gujarat and Another -vs- Raman Lal Keshav Lal Soni and
Others [(1983) 2 SCC 33] and Shayara Bano -vs- Union of India
and Others [(2017) 9 SCC 1] to substantiate this argument.
21. We shall first deal with the argument advanced on behalf of
the petitioners that animals have rights. In fact, what has been
urged before us is that animals have Fundamental Rights as also
legal rights. It has been held in A. Nagaraja (supra) case at
paragraph 66 (in the Report):-
“66. Rights guaranteed to the animals under Sections 3, 11,

etc. are only statutory rights. The same have to be elevated
to the status of fundamental rights, as has been done by
few countries around the world, so as to secure their honour
and dignity. Rights and freedoms guaranteed to the
animals under Sections 3 and 11 have to be read along with
Article 51-A(g) and (h) of the Constitution, which is the
magna carta of animal rights.”
22. The concept of animal rights has been anchored by the
petitioners on dual foundation. It has been submitted that our
jurisprudence does not recognise rights only for human beings and
Narayan Dutt Bhatt -vs- Union of India [(2018) SCC OnLine Utt
645] has been cited to demonstrate that animals are legal entities
32
having a distinct persona with corresponding rights, duties and
liabilities as that of a legal person. In order to put emphasis on
this concept of evolving rights, petitioners have submitted that our
legal system is both organic and dynamic in nature and with
passage of time law must change. (Saurabh Chaudri and Others
-vs- Union of India and Others [(2003) 11 SCC 146], Chief
Justice of Andhra Pradesh and Others -vs- L.V.A. Dixitulu and
Others [(1979) 2 SCC 34], Video Electronics Pvt. Ltd. and
Another -vs- State of Punjab and Another [(1990) 3 SCC 87] and
Ashok Kumar Gupta and Another v. State of U.P. and Others,
[(1997) 5 SCC 201]). In this regard, certain international
authorities being Argentina, Case No.P-72.254/2015 has been
cited. Further, our attention has been drawn to the Animal
Wellbeing (Sentience) Act, 2022 recognising animals as sentient
beings in the United Kingdom. It has also been asserted that rights
of sentient animals have been recognised by the Constitutional
Court of Ecuador. On behalf of the respondents, the factum of
existence of animal rights has not been directly contested but the
stand of the respondents on this point is that the rights which the
sentient animal would have enjoyed ought to be subject to the
legislative provisions and in a case of this nature, which is likely
to have seminal impact not only on our jurisprudence but our
33
society as well, legislature would be a better judge to determine
what would be the nature, contours and limitations of such rights.
The effect of this argument is that the rights of sentient animals
can be recognised by law but such rights would be in a nature as
determined by the appropriate law-making body and not by
judicial interpretation.
23. On the point of recognizing rights of animals, the legislative
approach appears to us to be two-fold. Of course, the animals
cannot demand their right in the same way human beings can
assert for bringing a legislation, but as part of the social and
cultural policy the law makers have recognised the rights of
animals by essentially imposing restriction on human beings on
the manner in which they deal with animals. By virtue of Article
48 of the Constitution of India which essentially operates as a
national guideline for law makers, a two-way path has been
devised. The first is imposing duty on the State to organise
agriculture and animal husbandry on modern and scientific lines.
The second is emphasising the duty of the State to take steps for
preserving and improving the breeds and prohibiting slaughter of
cows and calves and other milch and draught cattle. Under the
chapter on Fundamental Duties, a citizen is required to protect
and improve the natural environment including forests, lakes,

34
rivers and wildlife ought to have compassion for living creatures.
The petitioners want us to interpret the Amendment Acts in light
of these two constitutional provisions and want us to scrutinise
the three Statutes taking into cognizance pain and suffering that
would be caused to them, so that the bovine species are not
compelled to participate in the aforesaid sports organised by
human beings for the latter’s own pleasure. It is the petitioners’
stand that wherever the 1960 Act enjoins human beings from
performing certain acts vis-à-vis animals, the obligations ought to
be translated jurisprudentially into rights of the animals not to be
subjected to such prohibited acts. The line of reasoning in this
regard on behalf the petitioners is that the very manner in which
these sports activities are undertaken directly offend the aforesaid
two provisions of the 1960 Act. Merely by introducing these three
Amendment Acts, the organisers of these events cannot be saved
from the offences specified in the 1960 Act, which aspect has been
dealt with in detail in the judgment of this Court in the case of A.
Nagaraja (supra).
24. On the question of conferring fundamental right on animals
we do not have any precedent. The Division Bench in the case of
A. Nagaraja (supra) also does not lay down that animals have
Fundamental Rights. The only tool available for testing this

35
proposition is interpreting the three Amendment Acts on the anvil
of reasonableness in Article 14 of the Constitution of India. While
the protection under Article 21 has been conferred on person as
opposed to a citizen, which is the case in Article 19 of the
Constitution, we do not think it will be prudent for us to venture
into a judicial adventurism to bring bulls within the said protected
mechanism. We have our doubt as to whether detaining a stray
bull from the street against its wish could give rise to the
constitutional writ of habeas corpus or not. In the judgment of A.
Nagaraja (supra), the question of elevation of the statutory rights
of animals to the realm of fundamental rights has been left at the
advisory level or has been framed as a judicial suggestion. We do
not want to venture beyond that and leave this exercise to be
considered by the appropriate legislative body. We do not think
Article 14 of the Constitution can also be invoked by any animal
as a person. While we can test the provisions of an animal welfare
legislation, that would be at the instance of a human being or a
juridical person who may espouse the cause of animal welfare.
25. We shall next test the argument of the authorities, i.e., the
Union, the three States as also the Animal Welfare Board (in their
changed stance) that bovine sports are part of the culture and
tradition of the respective States. We have already referred to the

36
relevant provisions of the three Amendment Acts which carries
expression to this effect.
26. Ordinarily, whether a particular practice or event is part of
culture or tradition is to be decided by the custom and usage of a
particular community or a geographical region which can be
translated into an enactment by the appropriate legislature. But
here the continuance of the subject sports have been found to be
in breach of a Central Statute by a Division Bench of this Court
and these three Amendment Acts seek to revive the earlier position.
That is the petitioners’ argument.
27. In order to come to a definitive conclusion on this question,
some kind of trial on evidence would have been necessary. It is also
not Court’s jurisdiction to decide if a particular event or activity or
ritual forms culture or tradition of a community or region. But if a
long lasting tradition goes against the law, the law Courts obviously
would have to enforce the law. Learned counsel appearing for the
parties, however, have cited different ancient texts and modern
literature to justify their respective stands. In Public Interest
Litigations, this Court has developed the practice of arriving at a
conclusion on subjects of this nature without insisting on proper
trial to appreciate certain social or economic conditions going by
available reliable literature. In paragraphs 53 and 73 in the case of

37
A. Nagaraja (supra), there is judicial determination about the
practice being offensive to the provisions of the Central Statute. It
would be trite to repeat that provisions of a Statute cannot be
overridden by a traditional or cultural event. Thus, we accept the
argument of the petitioners that at the relevant point of time when
the decision in the case of A. Nagaraja (supra) was delivered, the
manner in which Jallikattu was performed did breach the aforesaid
provisions of the 1960 Act and hence conducting such sports was
impermissible.
28. But that position of law has changed now and the
Amendment Acts have introduced a new regime for conducting
these events. It is a fact that the Amendment Acts per se seeks to
legitimize the aforesaid three bovine sports by including them by
their respective names and the body of the Statute themselves do
not refer to any procedure by which these sports shall be held. If
that was the position these Amendment Acts would have fallen foul
of the ratio of the decisions of this Court in the cases of S.S. Bola
and Others (supra), State of Tamil Nadu -vs- State of Kerala
(supra), Madan Mohan Pathak (supra), National Agricultural
Cooperative Marketing Federation of India Ltd. (supra), In Re
Punjab Agreement Act (supra), Mafatlal (supra), S.T. Sadiq
(supra) and A.R. Antulay (supra). The stand of the respondents

38
however is that many of the offending elements of Jallikattu,
Kambala or Bullock Cart Race have been eliminated by the Rules
made under the Tamil Nadu and Maharashtra Amendment Acts
and the State of Karnataka has issued statutory notification laying
down rigid regulatory measures for conducting these sports. These
Rules specify isolated arena for the sports or events to be
conducted including setting up of both bull run and bull collection
area, galleries separating spectators from directly coming into
contact with bulls. The learned counsel for the respondents want
us to read the Statutes and the Rules together to counter the
argument of the petitioners that the Amendment Acts merely
reintroduce the offending sports into the main Statute for their
respective States without correcting or removing the defects
pointed out by this Court in the case of A. Nagaraja (supra). In the
case of State of U.P. and Others -vs- Babu Ram Upadhya [(1961)
2 SCR 679], it was inter alia observed that the fundamental
principle of construction was that the Rules made under the
Statute must be treated as a part and parcel thereof as if they were
contained in the parent Act. In the case of Peerless General
Finance and Investment Co. Ltd. and Another -vs- Reserve
Bank of India [(1992) 2 SCC 343], it was held:-
“52. In State of U.P. v. Babu Ram Upadhya [(1961) 2 SCR

679 : AIR 1961 SC 751 : (1961) 1 Cri LJ 773] this Court held
39
that rules made under a statute must be treated, for all
purposes of construction or obligations, exactly as if they
were in that Act and are to the same effect as if they were
contained in the Act and are to be judicially noticed for all
purposes of construction or obligations. The statutory rules
cannot be described or equated with administrative
directions. In D.K.V. Prasada Rao v. Government of
A.P. [AIR 1984 AP 75 : (1983) 2 Andh WR 344] the same
view was laid down. Therefore, the directions are
incorporated and become part of the Act itself. They must be
governed by the same principles as the statute itself. The
statutory presumption that the legislature inserted every
part thereof for a purpose and the legislative intention
should be given effect to, would be applicable to the
impugned directions.”
29. The Tamil Nadu Amendment Act contains stipulation to the
effect that conduct of Jallikattu subject to such Rules and
regulations as may be framed by the State Government shall be
permitted. Section 38-B of the Maharashtra Act provides Rule
making power of the State consistent with the Rules made by the
Central Government. Both these Statutes have become part of the
1960 Act in their respective States and specifically confer Rule
making power to the States and Rules have been framed. In such
circumstances, as held by this Court in the case of Peerless
General Finance and Investment Co. Ltd. (supra), our opinion is
that these Rules have to be read along with the Amendment Acts
for their proper interpretation. So far as the Karnataka Amendment
Act is concerned, two fresh restrictions have been imposed in
conducting Kambala by virtue of introduction of Section 3(2) in the
main Act after Amendment. These conditions ban unnecessary
40
pain or suffering that would be caused to the animals by the person
in charge of the animals conducting Kambala and make such
practice subject to the conditions as may be specified by the State
Government by notification. Following the same analogy which we
have expressed earlier while reading the Amendment Acts of Tamil
Nadu and Maharashtra, in our opinion the Notification issued by
the State of Karnataka ought to be accorded same status as Rule
and has also to be read as integral part of the Statute, as amended.
These Rules and the Notification ought not to be segregated from
the Amendment Acts for appreciating their true scope while
examining the petitioners’ claim that the Amendment Acts,
analysed in isolation from the said Rules and the Notification would
be contrary to the findings of this Court in the case of A. Nagaraja
(supra).
30. In our opinion, the expressions Jallikattu, Kambala and Bull
Cart Race as introduced by the Amendment Acts of the three States
have undergone substantial change in the manner they were used
to be practiced or performed and the factual conditions that
prevailed at the time the A. Nagaraja (supra) judgment was
delivered cannot be equated with the present situation. We cannot
come to the conclusion that in the changed circumstances,
absolutely no pain or suffering would be inflicted upon the bulls

41
while holding these sports. But we are satisfied that the large part
of pain inflicting practices, as they prevailed in the manner these
three sports were performed in the pre-amendment period have
been substantially diluted by the introduction of these statutory
instruments. Argument was advanced that in reality these welfare
measures may not be practiced and the system as it prevailed could
continue. We, however, cannot proceed in exercise of our judicial
power on the assumption that a law ought to be struck down on
apprehension of its abuse or disobedience. All the three bovine
sports, after Amendment, assume different character in their
performance and practice and for these reasons we do not accept
the petitioners’ argument that the Amendment Acts were merely a
piece of colourable legislation with cosmetic change to override
judicial pronouncement. Once we read the amended Statutes with
the respective Rules or Notification, we do not find them to
encroach upon the Central legislation. Respondents have cited a
large body of authorities to defend their stand that these are not
cases of colourable legislation but we do not consider it necessary
to refer to all these judgments individually as we have come to this
conclusion after analysing various statutory instruments covering
the field.
42
31. Can the Amendment Acts be struck down for being arbitrary?
There is a body of cases in which legislations have been invalidated
on this ground. So far as the subject of the present controversy is
concerned, the bulls form a distinct species referred to as draught
or pack animals as opposed to horses, which are adapted to run.
But we decline to hold that just because bulls lack the natural
ability to run like a horse, the subject-sports which are seasonally
held shall be held to be contrary to the provisions of the 1960 Act.
In fact, on behalf of the respondents it was argued that these genre
of bulls are specially bred and have natural ability to run. There
are contrary views on this point. But in our opinion, no irrational
classification as regards these bull sports have been made by the
legislature so as to attract the mischief which Article 14 of the
Constitution of India seeks to prevent. The validity of a legislative
Act can also be negated on the ground of it being unreasonable.
The element of unreasonableness here is that the bovine species
involved herein are being subjected to unnecessary pain and
suffering mainly for entertainment purpose. But the 1960 Act itself
categorizes several activities which cause pain and suffering, even
to a sentient animal. The judgment in the case of A. Nagaraja
(supra) was largely founded on factual basis that bulls were
sentient animals, and the sports involved were unnecessary, as
43
opposed to being necessary for human survival. But the 1960 Act,
on which the petitioners’ case largely rests, proceeds on the basis
of perceived human necessity to employ animals in certain load
carrying and entertainment activities. For instance, while other
means of carriage of goods are available, why should bulls be
permitted to undertake such activities - which are apparently
involuntary and subject these sentient bovine species to pain and
suffering? Horse racing is allowed under Performing Animals
(Registration) Rules, 2001. Horse is also a sentient animal. But the
fact remains that by making them perform in races, some element
of pain and suffering must be caused to horses. Here, the focus
shifts from causing pain and suffering to the degree of pain and
suffering to which a sentient animal is subjected to while being
compelled to undertake certain activities for the benefit of human
beings. Similarly, proponents of vegetarianism may argue that
slaughtering animals is not necessary as human beings can
survive without animal protein. In our opinion, we should not take
up this balancing exercise which has societal impact in discharge
of our judicial duties. This kind of exercise ought to be left for the
legislature to decide upon.
32. We shall now turn to the petitioners’ case assailing the legality
of the State Amendments by invoking the “Doctrine of Pith and

44
Substance”. On that count, their submission is based on two
principles. First, it has been urged that even after the Amendment,
the performance of these sports continue to inflict pain and injury
on the participating bulls and secondly, it was found by this Court
in A. Nagaraja (supra), that these sports are in violation of the
aforesaid provisions of the 1960 Act at the time when the three
State Amendments were not enacted. On the face of it, learned
counsel appearing for the petitioners argued, that the Amendment
Acts does not in any way provide remedial measures which could
have rendered the three sports cured of the legal failing as is
postulated in the said provisions. According to the petitioners,
these Acts seek to only introduce the Jallikattu, Kambala and
Bullock Cart Race as permissible activities within the provisions of
the 1960 Act. Even if certain sports by their names are included
within the ambit of permissible activity, the provisions of Sections
3, 11(1) (a) and (m) of the 1960 Act are not rendered otiose. The
other point raised by the petitioners is that the subject of Jallikattu
does not come within the ambit of Entry 17 of List III of the Seventh
Schedule to the Constitution of India and hence the State
Assemblies lacked the legislative competence to enact the
Amendment Acts. Presidential assent would not cure the said
incompetency, it is urged by the petitioners. We have found no flaw
45
in the process of obtaining Presidential assent having regard to the
provisions of Article 254(2) of the Constitution of India.
33. The “Doctrine of Pith and Substance” has been explained in
the well-known text, “Principles of Statutory Interpretation” by G.P.
Singh. We quote below the extract from 14th Edition of that text:-
“The question whether the Legislature has kept itself within the
jurisdiction assigned to it or has encroached upon a forbidden
filed is determined by finding out the true nature and character
or pith and substance of the legislation which may be different
from its consequential effects. If the pith and substance of the
legislation is covered by an entry within the permitted
jurisdiction of the Legislature any incidental encroachment in the
rival field is to disregarded. There is a presumption of
constitutionality of statutes and hence, prior to determining
whether there is any repugnancy between a Central Act and a
State Act, it has to determined whether both Acts relate to the
same entry in List III, and whether there is a ‘direct’ and
‘irreconcilable’ conflict between the two, applying the doctrine of
‘pith and substance’.
The petitioners have relied on a several authorities explaining
this doctrine. These are State of Rajasthan -vs- Shri G. Chawla
and Dr Pohumal [(1959) Supp (1) SCR 904], Ishwari Khetan
Sugar Mills (P) Ltd. and Others -vs- State of U.P. and Others
[(1980) 4 SCC 136], Federation of Hotel & Restaurant
Association of India, etc. -vs- Union of India and Others [(1989)
3 SCC 634], State of A.P. and Others -vs- McDowell & Co. and
Others [(1996) 3 SCC 709], State of W.B. -vs- Kesoram Industries
Ltd. and Others [(2004) 10 SCC 201] and Hoechst
Pharmaceuticals Ltd. (supra).
46
34. First we shall examine as to whether conducting these bovine
sports is relatable to Item 17 of the concurrent list. It stipulates:-
“Prevention of Cruelty to Animals.”
In the case of I.N Saksena -vs- State of Madhya Pradesh [(1976)
4 SCC 750], this Court had laid down that legislative lists in the
Constitution ought to be interpreted in a wide amplitude. The 1960
Act in whole and the subjects of the three Amendments directly
deal with the question of prevention of cruelty to animals. There is
no other entry in any of the lists to which this subject could be
connected with. In such circumstances, we reject the contention
of the petitioners that the State Legislatures inherently lacked
jurisdiction to bring these Amendments, which subsequently
received Presidential assent. On behalf of the respondents, several
decisions have been relied upon in support of this argument.
Having regard to the view that we have already taken, we do not
consider it necessary to reproduce all these decisions.
35. Next comes the question as to whether even after the said
Amendments, Jallikattu and the other two activities could be held
to be beyond legislative competence of the three legislative bodies.
We have already held that the three Amendment Acts have to be
read together with the consequential Rules or Notifications. In our
view, these Rules, once treated as part of the Acts, alter the manner
47
of conducting these sports and once these provisions are
implemented, the mischief sought to be remedied by the aforesaid
two provisions of 1960 Act (i.e. Sections 3 and 11(1)(a) and (m))
would not be attracted anymore. Thus, the argument that the
Amendment Acts are void because they seek to override the
judgment of A. Nagaraja (supra) cannot be sustained as the basis
of that judgment having regard to the nature and manner in which
the offending activities were carried on has been altered.
36. Petitioners contend that even after changed procedure
contemplated by the three statutory instruments, the very
participation of the bulls in these sports involve a strong element
of involuntariness as well as some element of pain and suffering.
In the cases of T.N. Godavarman Thirumulpad -vs- Union of
India and Others [(2012) 4 SCC 362], Centre for Environmental
Law, World Wide Fund-India -vs- Union of India and Others
[(2013) 8 SCC 234] and N.R. Nair and Others -vs- Union of India
and Others [(2001) 6 SCC 84], it has been broadly held that
animals have inherent right in natural law to live a dignified life
without infliction of cruelty and this principle is sought to extended
to proscribe Jallikattu, Kambala and Bullock Cart Race. In the case
of N.R. Nair (supra), it was held that animals have capability to
bear pain and suffering and that they have a fear from restrictions
48
on their spaces and bodies and other forms of physical discomfort.
But we need not refer to these authorities as we accept the
obligation of human beings to ensure that animals do not suffer
from pain and injury. Our jurisdiction, however, does not extend
to provide an absolute protection to the animals from any manner
of infliction of pain and suffering. What the broad theme of 1960
Act is that the animals must be protected from unnecessary pain
and suffering. This aspect has been dealt with in the case of A.
Nagaraja (supra). This approach would be apparent from a plain
reading of Section 11 of the 1960 Act itself even before the three
Amendments where the legislature appears to have undertaken a
balancing exercise without disturbing the concept of ownership of
animal by an individual and such individual’s right to employ these
animals in the aforesaid sports. We have already expressed our
views on the point earlier in this judgment.
37. As we proceed on the basis that the Constitution does not
recognise any Fundamental Right for animals, we shall have to test
the legality of the three Statutes against the provisions of 1960 Act
along with the constitutional provisions of Articles 48, 51-A (g) and
(h). The three Statutes will also have to meet the test of
arbitrariness, which has become the foundation of our
constitutional jurisprudence after this Court delivered the

49
judgment in the cases of E.P. Royappa -vs- State of Tamil Nadu
and Another [(1974) 4 SCC 3], Ajay Hasia and Others -vs- Khalid
Mujib Sehravardi and Others [(1981) 1 SCC 722] and Joseph
Shine -vs- Union of India [(2018) 2 SCC 189].
38. Factual arguments have been advanced that prohibition on
the practice of particularly Bullock Cart Race could result in
ultimate collapse of a particular genre of cattle which are useful
for agricultural purpose and hence the aforesaid Amendment Acts
to be treated to be relatable to Entry 15 of List II of the Seventh
Schedule to the Constitution of India. But having regard to the
nature of challenge, we are of the view that in pith and substance,
the Amendment Acts seek to address the question of prevention of
cruelty to animals. The tenor of the Maharashtra Amendment Act
and its Preamble point to that interpretation and the object of the
Amendments primarily is relatable to Item 17 of the Concurrent
List. Hence, we reject the argument that the Maharashtra
Amendment Act has been legislated for the preservation,
protection and improvement of stock and prevention of animal
diseases, veterinary training and practice. So far as the argument
that livelihood of farmers and people associated with Bullock Cart
Race could be adversely affected if the prohibition which the
writ petitioners want us to impose by striking down the aforesaid

50
Amendment Statute is concerned, we do not need to address this
argument. We have, in this judgment dealt with the question as to
whether provisions of 1960 Act are being violated or not, as was
held in the case of A. Nagaraja (supra), decided prior to the three
Amendment Statutes. The effect of the said prohibition upon the
livelihood of the people of that State is said to be espoused in I.A.
No.170346 of 2022. If we were to hold that these bovine sports
offended the provisions of the 1960 Act, the deprivation
apprehended would have come within the reasonable restriction
clause enshrined in Article 19(6) of the Constitution of India. In
such a situation, a law made in that regard would also be protected
in relation to the challenge on the basis of Article 21 of the
Constitution of India being procedure established by law.
39. In the judgment of A. Nagaraja (supra), the Division Bench of
this Court, while examining the claim of the petitioners therein
held that Jallikattu is dangerous not only to bulls but also to
human and many participants and spectators sustained injury in
course of such events. So far as human beings are concerned, their
injuries would attract the principle of Tort known in common law
as “voluntary non fit injuria”.
51
40. In the light of what we have already discussed, we answer the
five questions referred to us in the following terms:-
(i) The Tamil Nadu Amendment Act is not a piece of colourable
legislation. It relates, in pith and substance, to Entry 17 of List
III of Seventh Schedule to the Constitution of India. It
minimises cruelty to animals in the concerned sports and once
the Amendment Act, along with their Rules and Notification
are implemented, the aforesaid sports would not come within
the mischief sought to be remedied by Sections 3, 11(1) (a) and
(m) of the 1960 Act.
(ii) Jallikattu is a type of bovine sports and we are satisfied on
the basis of materials disclosed before us, that it is going on in
the State of Tamil Nadu for at least last few centuries. This
event essentially involves a bull which is set free in an arena
and human participants are meant to grab the hump to score
in the “game”. But whether this has become integral part of
Tamil culture or not requires religious, cultural and social
analysis in greater detail, which in our opinion, is an exercise
that cannot be undertaken by the Judiciary. The question as
to whether the Tamil Nadu Amendment Act is to preserve the
cultural heritage of a particular State is a debateable issue
which has to be concluded in the House of the People. This

52
ought not be a part of judicial inquiry and particularly having
regard to the activity in question and the materials in the form
of texts cited before us by both the petitioners and the
respondents, this question cannot be conclusively determined
in the writ proceedings. Since legislative exercise has already
been undertaken and Jallikattu has been found to be part of
cultural heritage of Tamil Nadu, we would not disrupt this view
of the legislature. We do not accept the view reflected in the
case of A. Nagaraja that performance of Jallikattu is not a part
of the cultural heritage of the people of the State of Tamil Nadu.
We do not think there was sufficient material before the Court
for coming to this conclusion. In the Preamble to the
Amendment Act, Jallikattu has been described to be part of
culture and tradition of Tamil Nadu. In the case of A. Nagaraja
(supra), the Division Bench found the cultural approach
unsubstantiated and referring to the manner in which the
bulls are inflicted pain and suffering, the Division Bench
concluded that such activities offended Sections 3 and 11(1)(a)
and (m) of the 1960 Act. Even if we proceed on the basis that
legislature is best suited branch of the State to determine if
particular animal-sports are part of cultural tradition of a
region or community, or not, if such cultural event or tradition
53
offends the law, the penal consequence would follow. Such
activities cannot be justified on the ground of being part of
cultural tradition of a State. In A. Nagaraja (supra), the sports
were held to attract the restriction of Sections 3 and 11(1)(a)
and (m) of the 1960 Act because of the manner it was practiced.
The Amendment Act read with the Rules seek to substantially
minimise the pain and suffering and continue with the
traditional sports. The Amendment having received
Presidential assent, we do not think there is any flaw in the
State action. “Jallikattu” as bovine sports have to be isolated
from the manner in which they were earlier practiced and
organising the sports itself would be permissible, in terms of
the Tamil Nadu Rules.
(iii) The Tamil Nadu Amendment Act is not in pith and
substance, to ensure survival and well-being of the native
breeds of bulls. The said Act is also not relatable to Article 48
of the Constitution of India. Incidental impact of the said
Amendment Act may fall upon the breed of a particular type of
bulls and affect agricultural activities, but in pith and
substance the Act is relatable to Entry 17 of List III of the
Seventh Schedule to the Constitution of India.
54
(iv) Our answer to this question is in the negative. In our
opinion, the Tamil Nadu Amendment Act does not go contrary
to the Articles 51-A (g) and 51-A(h) and it does not violate the
provisions of Articles 14 and 21 of the Constitution of India.
(v) The Tamil Nadu Amendment Act read along with the Rules
framed in that behalf is not directly contrary to the ratio of the
judgment in the case of A. Nagaraja (supra) and judgment of
this Court delivered on 16th November 2016 dismissing the
plea for Review of the A. Nagaraja (supra) judgment as we are
of the opinion that the defects pointed out in the aforesaid two
judgments have been overcome by the State Amendment Act
read with the Rules made in that behalf.
41. Our decision on the Tamil Nadu Amendment Act would also
guide the Maharashtra and the Karnataka Amendment Acts and we
find all the three Amendment Acts to be valid legislations.
42. However, we direct that the law contained in the
Act/Rules/Notification shall be strictly enforced by the authorities.
In particular, we direct that the District Magistrates/competent
authorities shall be responsible for ensuring strict compliance of the
law, as amended along with its Rules/Notifications.
55
43. All the I.As. for Intervention are allowed in the above terms. As
we have answered the referred questions, we do not think any
purpose would be served in keeping the writ petitions pending. All
the writ petitions shall stand dismissed. The appeal and the
Transferred Case shall also stand disposed of in the above terms.
44. Other pending applications, if any, are also disposed of.
45. There shall be no order as to costs.
. . . . . . . . . . . . . . . . . J.
(K.M. JOSEPH)
. . . . . . . . . . . . . . . . . J.
(AJAY RASTOGI)
. . . . . . . . . . . . . . . . . J.
(ANIRUDDHA BOSE)
. . . . . . . . . . . . . . . . . J.
(HRISHIKESH ROY)
. . . . . . . . . . . . . . . . . J.
(C.T. RAVIKUMAR)
New Delhi;
May 18, 2023
56
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TMNSPORT OF LIVESTOCK — (Reaffirmed 2010)
CODE OF PMCTICE
( First Revision) (Reaffirmed 2009)
(Reaffirmed 2008)
Ics 03.220.0!; 65,020,30
(Reaffirmed 2007)
(Reaffirmed 2006)
(Reaffirmed 2005)
BUREAU OF INDIAN STANDARDS

MANAK BHAVAN, 9 BAHADUR SHAH ZAFAR MARG
NEW DELHI 1}0002
Livestock Feeds, Equipments and System Sectional Committee, FAD 5
FOREWORD
This Indian Standard (First Revision) was adopted by the Bureau of’Indian Standards, after the draft finalized by
the Livestock Feeds, Equipments and System Sectional Committee had been approved by the Food and Agriculture
Division Council.
Animals are transported in large numbers by rail, road, air and sea. These animals are transported for a variety of
purposes such as breeding, dairy production, slaughter, other agricultural purposes, etc. This Code is aimed to
facilitate a workable balance betweeh the best interests of the animals and the transportation industry. Transportation
can be one of the most ‘stressful situations an animaI experiences and can cause a number of physiological and
behavioral changes. This Code recognizes the basic principle that humaneness towards animals is the prime
consideration in animal transportation and that animals which are treated well and protected from stress arrive at
their destination in far better physical and mental condition. This translates into significant benefits and economic
advantages no matter what the reason for transport.
This Code is aimed to serve as a guide to commercial transporters, producers, hobbyists and industries that
utilize animals in assessing their facilities, equipment and practices with regard to livestock transportation and
may provide guidance for improvement in dcficicnt areas.
This Code has been revised to take into account changes in practices of animal management and knowledge of
animal welfare. Earlier there were three standards on transport of livestock: IS 4157 (Part 1) : 1981 ‘Transport of
Equines (horses, ponies, mules, and donkeys) by rail, road, air and sea’, IS 4157 (Part 2) : 1968 ‘Transport of
cattle by rail and road’, and IS 4157 (Part 3 ) : 1983 ‘Transport of sheep and goats by rail and road’. It was
decided to amalgamate them into one standard making it more comprehensive and user-friendly and also to
update the standard during formulation of this Indian Standard. With the publication of this standard the above
mentioned standards shall be withdrawn.
This Code is voluntary. All provincial and federal acts and regulations take precedence. This Code, in general, is
intended for usc as a guide and educational tool in promoting sound animal transportation and welfare practices.
In the preparation of this standard, due consideration has been given to the Prevention of Cruelty to Animals Act,
IQ(N and the Rules framed [hereunder. However, it is subject to the restrictions imposed under this Act, wherever
applicable.
The Committee responsible for the formulation of this standard is given at Annex E.
For the purpose of deciding wtiethcr a particular rcquirmnent ot’ !his standard is complied with, the final value,
observed or calculated, expressing the result of a test or zm~lysis, shall he rounded off in accordance with IS 2: 1960
‘Rules for’rounding off numerical values (revised)’. The number of significant places retained in the rounded off
VJIUCshould be the same as that of the spccitied value in this standard,
IS 14904:2007
Indian Standard
TRANSPORT OF LIVESTOCK —
CODE OF PRACTICE
( First Revision)
1 SCOPE 2.9 Exporting Country, means a country from which
the animal is sent to another country.
This standard prescribes the conditions for the transport
of livestock (cattle, sheep, goat and equines) by rail 2.10 Goads, shall mean any device used to encourage
and road, of live domesticated animals (cattle, buffalo, animals to move.
deer, camelids, sheep, gwats, pigs, equines and others)
2.11 Horse, includes any hinny, ass, pony, mule or
by sea, and of various species of animals by air. The
donkey.
recommendations contained herein do not cIaim to be
comprehensive for all circumstances but attempt to 2.12 Journqy, means the entire transport operation
define high standards for livestock transportation on a from the place of departure to the place of destination
species by species basis. including any unloading, accommodation and loading
occurring at intermediate points in the journey.
2 TERMINOLOGY
2.13 Importing Country, means a country that is the
For the purpose of this Code the following definitions final destination to which animals are sent.
shall apply.
2.14 Livestock Containers or Container, means any
2.1 Animal, means any cattle, sheep, goats or horses crate, box receptacle or other rigid structure used for
in the case of road and rail transport; cattle, buffalo, the transport of animals by road, rail, sea or air which
deer, camelids, sheep, goats, pigs, equines and others is not a means of transport.
in the case of sea transport; and horses, cows, deer,
reindeer, sheep, goats, pigs and any other species the 2.15 Long Haul Journey, means a journey that will
Code can be applied to. not be completed within 10 hours, including loading
and unloading, and a journey that will extend over more
2.2 Animal Handler, means a person directly in charge than 1 day of travel, including rest periods.
of the welfare of the animal who is responsible for the
humane handling and care of the animals during the 2.16 Master of Vessel, shall mean the person who is
journey. responsible for general administration and navigation
of the vessel.
2.3 Assembly Centre, means a place such as a holding,
collection centre, shandy or market at which animals 2.17 Means of Transport, means vehicles used for
from different holdings are grouped together to form the transport of animals.
consignments.
2.18 Managers, shall mean any person who is
2.4 Buying Agents or Selling Agents, means a buyer authorized to exercise discretion on and oversee the
and seller of animals who may act as a middleman day-to-day operations of any facility that handles
between the owner and the buyer. animals.
2.5 Cattle, includes any cow bull/bullock, buffalo bull/ 2.19 Official Veterinarian, means the veterinarian
bullock, cow, buffalo. rnithun, yak or calf. appointed by the competent authority.
2.6 Competent Authority, means the central authority 2.20 Open Containers, shall mean the containers that
of a government competent to carry out checks on are not closed from the top.
animal welfare, set animal welfare and training
2.21 Owners, shall mean any person with possession
standards or any authority to which it has delegatcci
of the animal.
that competence.
2.22 Place of Departure, means the place at which
2.7 Dead Air Space, means an unventilated area where
the animal is first loaded onto a means of transport
no air circulates.
provided it has been accommodated there for at least
2.8 Exporter, shall mean any person responsible for 48 hours prior to the time of departure. An assembly
sending animals from one country to another. centre may be considered a place of departure if
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IS 14904:2007
animals have been accommodated with bedding, un- patterns of behaviour) provide valuable
tethered if possible, fed and watered prior to the time guidance in animal welfare.
of departure.
3.1.3 All animal transport creates some degree of stress;
2.23 Place of Destination, means the place at which therefore unnecessary transport should be avoided. Any
an animal is unloaded from a means of transport and transport that is necessary shall be carried out in a way
is either accommodated for at least 48 hours prior to a that minimizes stress, pain and suffering. In particular
time of departure or is slaughtered. the following conditions shall be complied with:
2.24 Place of Rest or Transfer, means any stop during a) All necessary arrangements must be made in
the journey which is not a place of destination, advance to minimize the length of the journey
including a place where animals have changed the and meet the animal’s needs during the journey;
means of transport with or without being unloaded. b) Animals must be fit for the intended journey;
2.25 Transport, means the movement of animals c) Means of transport as well as the loading and
effected by one or means of transport and the related unloading facilities must be designed,
operations including the period immediately before constructed, maintained and operated so as
loading, including any waiting periods, loading, to avoid injury and suffering and ensure the
transfer, rest periods and unloading at the place of safety of the animals;
destination. d) People that handle animals must be trained
and competent as appropriate for this purpose
2.26 Restraining Nets Container, shall mean and
and must carry out their tasks without using
include containers with nets made of suitable materials.
violence or any method likely to cause
2.27 Transporter, means any person transporting unnecessary fear, injury or suffering;
animals on his own account, or on the account of e) Transport must be carried out without delay
another party. to the place of destination and the welfare
2.28 Keeper, means the owner of the animal or other conditions of the animals must be regularly
person having custody of the animal. checked and appropriately maintained;
f) Sufficient floor area, height and other spacing
2.29 Vehicle, means a means of transport, which in requirements must be provided for the
the case of road and rail is fitted with wheels, which is
animals, appropriate to their size and the
propelled or towed.
intended journey; and
2.30 Veterinary Authority, means a veterinarian or g) Water, feed and rest must be offered to the
veterinary service appointed by the competent animals at suitable intervals and should be
authority. appropriate in quality and quantity to their
species, size and age.
3 ANIMAL WELFARE PRINCIPLES
3.2 Minimizing Stress
3.1 General
3.2.1 Stress is a cumulative response of an animal to
3.1.1 This Code strives to promote acceptable standards
its surroundings and may result in severe behavioral
of animal husbandry and handling of animals
and physiological effects. Animals of different species
undertaking a journey by road, rail, air or sea. This
and breeds may vary in their susceptibility to stress as
Code is intended as a guideline for the people who are
may individuals of the same species or breed due to
involved in transport of animals.
their temperament and past experiences.
3.1.2 This Code takes account of following principles:
3.2.2 Animals being transported are subjected to a
a) That there is a critical relationship between number of stressors which may include:
animal health and animal welfare.
a) gathering and handling;
b) That the use of animals carries with it an
ethical responsibility to ensure the welfare of b) deprivation of, or changes in quantity or the
such animals to the greatest extent practicable. quality of food and water;
c) That the internationally recognized ‘five c) extremes of temperature or change in climatic

freedoms’ (freedom from hunger, thirst and conditions;
malnutrition; freedom from fear and distress; d) the grouping of animals strange to each other
freedom from physical and thermal both within and between species;
discomfort; freedom from pain, injury and e) separation from others of the animals’ own
disease; and freedom to express normal kind;
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IS 14904:2007
f) unfamiliar surroundings, noises and preparation of any required documentation including

sensations; contingency plans in the event of any emergencies and
g) overcrowding or isolation; for journey plans for long haul journeys.
h) fatigue; and 4.1.1.7 Transporters have the right to refuse to transport
j) exposure to disease. animals. They must refuse to transport any animal they
consider unfit and should ask for a veterinary opinion
3.2.3 Animals may be stressed by being gathered
in writing where doubt exists.
together and held ready for transport and those
unaccustomed to handling, are likely to be the most 4,1.1.8 Drivers and animal handlers shall be responsible
severely affected. for loading animals which are fit to travel and the
animals care and welfare during transport.
3.2.4 Sensitive and sensible animal handling and care
should be practiced in order to reduce stress to 4.1.1.9 Drivers and animal handlers shall be responsible
individual animals and those nearby. for frequent inspection of animals during the journey.
They must assist distressed or injured animals
3.2.5 Animals brought to loading and handling facilities
immediately, as soon as they become aware of a
should be moved as carefully as possible so that their
problem affecting the welfare of the animals being
condition is maintained for transport.
conveyed. Should any difficulties arise which are
3.2.6 Extremes of weather will increase the stressful outside the competence of the animal handler
effects of handling and transport. assistance, should be sought.
4.1.2 Additional Functions: Owners and Managers of

4 TRANSPORT OF LIVESTOCK BY LAND
Assembly Centres
(ROAD AND RAIL)
4.1 Responsibilities 4.1.2, 10wners of assembly centres at the start or end

of the journey and at resting points used during the
4.1.1 The welfare of animals during transport by road journey shall be responsible for providing suitable
and rail is the joint responsibility of all people involved. premises for loading, unloading, securely holding
animals and protecting them from extremes of weather
4.1.1.1 Keepers of animals are responsible for the
by providing appropriate shade or shelter.
careful selection of livestock for their fitness for the
journey, and their welfare during the journey. They also 4.1.2.2 Owners of assembly centres shall be responsible
share responsibility with transporters for ensuring for providing appropriate facilities for feeding and
compliance with any required veterinary or other watering of animals and are jointly responsible with
certification and for the presence during the journey the manager of the assembly centre for ensuring that
of at least one animal handler competent with tle animals are provided with water and, where
species being transported and with the authority to take appropriate, fed.
prompt action.
4.1.2.3 Owners and managers of assembly centres shall
4.1.1.2 Business agents or buying/selling agents have be jointly responsible for providing competent animal
joint responsibility with keepers for the selection of handlers to load, unload, drive and care for animals.
animals that are fit to travel.
4.1.2.4 owners and managers of assembly centres shall
4.1.1.3 Animal handlers shall be responsible for the be jointly responsible for providing appropriate
humane handling and care of the animals, especially facilities for emergencies including the treatment of
during loading and unloading. In the absence of a sick. injured or diseased animals by a veterinarian or
separate animal handler the driver is considered to be timely euthanasia or slaughter by a veterinarian or
the animal handler. suitably trained individual.
4.1.1.4 Transporters shall be responsible for planning 4.1.2.5 Owners and managers of assembly centres shall
the journey to ensure the care and welfare of the be jointly responsible for minimizing the risk of disease
animals during transport until discharged at the place transmission including the provision of facilities for
of destination. cleaning out vehicles.
4.1,1.5 Transporters shall bc responsible for selection 4.1.3 Additional Functions: OfJicial Veterinarians of
of appropriate vehicles or containers for the species Assembly Centres
being transported and their maintenance. They are also
4.1.3.1 The official veterinarian must supervise the
responsible for ensuring that the animal handlers they
unloading and arrival of animals at the assembly centre
use have been properly trained.
and inspect all animaIs as soon as possible after arrival
4.1.1.6 Transporters shall be responsible for the and deal appropriately with any that are ill, sick or
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IS 14904:2007
injured. The official veterinarian must also make the 4.1.5.2 Each loaded wagon should be provided with at
required checks of the load against the transport least one animal handler to look after the animals. They
documentation provided. must have the authority and be able to communicate
with the driver of the train to stop or delay the transport
4.1.3.2 The official veterinarian must supervize the
in order to care for the animals.
transport to the nearest slaughter facility of animals
that cannot be unloaded from vehicles because to do 4.1.5.3 The Railway Board is responsible for ensuring
so would cause unnecessary pain, distress and fire precautions are strictly observed. No smoking shall
suffering. be permitted. Fire fighting equipment shall accompany
the transport.
4.1.3.3 The official veterinarian must treat or supervize
the treatment of any animals that, on arrival, are ill, 4.1.5.4 Animal handlers are responsible for complying
sick or injured in the designated isolation facilities. with tire safety rules.
4.1.3.4 The official veterinarian must monitor the 4.2 SKILLS

welfare of all animals within the assembly centre area.
When animals become ill, sick or injured whilst in the 4.2.1 All those handling animals, or who are otherwise
assembly centre, the official veterinarian must arrange responsible for animals during journeys (including
for their treatment in situ or move and treat in the farmers, transporters, animal handlers, managers,
designated isolation facility. owners and drivers) should be competent according to
their functionalities listed in Section 4. Skills may be
4.1.3.5 The official veterinarian must monitor the gained through formal training and/or practical
handling of all animals in the assembly centre and experience.
ensure that animals arc handled appropriately at all
4.2.2 The assessment of the skills of animal handlers,
times.
drivers and transporters should as a minimum address
4.1.3.6 The official veterinarian must ensure that all knowledge, and the ability to apply that knowledge, in
animals are provided with shade, shelter food and water the following areas as relevant:
as necessary and that they are tethered securely in a
way which ti~es not cause unnecessary discomfort, a) Planning a journey, including appropriate
pain or suffering. space allowance, feed, water and ventilation
requirements;
4.1.3.7 The official veterinarian must supervize the
b) Responsibilities for animals during the
loading of animals from the assembly centre and ensure
journey, including loading and unloading,
that all animals are fit for the intended journey and adequate separation and provision of
provide the necessary veterinary certification.
sufficient space;
4.1.3.8 The official veterinarian must carry out checks c) Sources of advice and assistance;
on the assembly centre facilities to ensure they are d) Animal behaviour, general signs of disease,
properly maintained and there is nothing that is likely and indicators of poor animal welfare such
to cause injury or unnecessary suffering. Where faults as stress, pain and fatigue, and their
are found, the veterinarian must ensure these are alleviation;
rect ificd. The results of these checks and the corrective
e) Relevant authorities and applicable transport
actions taken should be recorded.
regulations, and associated documentation
4.1.4 Additional Functions: O@cial Veterinarians oj’ requirements;
Slaughter Houses as Place of Destination with Regard f) General disease prevention procedures,
to Unloading including cleaning;
The official veterinarian must supervize the unloading g) Impact of the motion of transport on the
and arrival of animals at the slaughterhouse and inspect welfare of the animals;
all animals and ensure any that are ill, sick or injured h) Methods of inspecting animals, managing
are dealt with appropriately. The official veterinarian situations frequently encountered during
must also make the required checks of the load against transport such as adverse weather conditions,
the transport documentation provided. and dealing with emergencies;
j) Species specific aspects of animal handling
4.1.5 Additional Functions: Transport by Rail
and care, including feeding watering and
4.1.5.1 When animals are transported by rail, the inspection; and
Railway Board is considered to be the transporter and k) maintaining records and completion of
should comply with the responsibilities set out in 4.1.1 documentation.
to 4.1.1.7.
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IS 14904:2007
4.z.J ‘]’hu >[:~!l~ of animal handlers, drlvcrs and 4.4.2 If animals are to be provided with a new or novel
(ransportcri should be demonstrated through a process d~ct or method {~fwater provision during transport i]n
of (raining and formal certification. Certiliccrtion ihorrld adequate period of adaptation should be undertaken.
bc hy an independent body approved by the competent
4.4.3 A rest period appropriate to the species, after
au[hority.
collection or assembly and before loading is
4.2.4 Transporters, drivers, anim:ll hanc!lcrs, beneficial and should be added to the pre-transport
vetcrinmians and others handling animals must rncct timetable. Where gathering is undertaken over a
standards set out by thccompctent authority for their Iargc area which would subject the animals to
jobs and undergo any required training developed by cxc’cssive stress, animals should be prwvided with
Lhe conipctcn( authority. 24 11of rest and access to food and water. Food
should be withdrawn for the last 2 - 4 h before
4.3 Documentation transport, appropriate to the species.
4.3.1 Each consign lrrcnl of animals shall be 4.4.4 Behaviour modifying compounds (such as
accompanied by appropriate documentation or bear a tranquilizers) should not be used prior to or during
Iahcl (in bold letters clearly visible from distance) transport. Such compounds should only be
showing the following particulars: administered when a problem exists in an individual
a) Name, address and telephone number (when animal, and should only be administered by a
available) of the consignor; veterinarian or other person who has been instructed
in their use by a veterinarian. Any treatment and by
b) Name, address and telephone number (when
whom administered must be included in accompanying
available) of the consignee;
transport documentation.
c) Number and types of animals being
transported; 4.5 Fitness to Travel
d) Feed provided for the planned journey;
4.5.1 Getleral
e) Date and time of loading of first animal;
4.5.1.1 Owners of animals or their agents have a
t) Date and time of last watering and feeding;
responsibility to select only fit and healthy animals for
g) Date and time of next feeding and watering;
transport and those best suited to cope with the distance
h) Likely date and time of unloading of last and the nature of the journey. The following points
animal; and should be taken into account when selecting animals
j) For road vehicles, the name of driver with for transport:
address and telephone number (when
a) Body condition,
available).
b) Clinical evidence of disease or parasitism,
4.3.2 Animals shall be accompanied by valid veterinary
c) Ihjuries or other physical defects,
certification issued by an official veterinarian. This
d) Stage of pregnancy, and
should include identification of the animal (description
and numbers and identifying brands or marks); health e) Age.
status including test, treatment and vaccination status, 4.5.1.2 An animal which is unfit shall not be
statement of fitness to travel and details of any at risk transported. In particular animals which are new born
animals. (where the navel has not healed), diseased, emaciated,
4.3.3 Where animals are being transported on long haul lame, fatigued, or having given birth during the
journeys the documentation should include a travel plan, preceding 72 h or likely to give birth during transport
to include details of estimated transport times, stocking shall not bc transported.
densities, scheduled resting or transfer points and
4.5.1.3 Animals shall be able to stand and bear weight
arrangements for feeding and watering. As the journey
on all four limbs. To bear weight means that the animal
proceeds a detailed journey logbook should be kept.
must be able to take weight on all four limbs without
4.3.4 .Animals shall not be Ioadcd until the required suffering unnecessary pain or distress to stabilize itself
documentation is complew. during transport.
4.5.1.4 An animal with any leg broken shall not hc

4.4 Pre-travel Rest Period/Preparation of Animals
transported except under the supervision of a veterinary
4.4.1 Animals should be exposed to appropriate contact surgeon to a place of further treatment or slaughter.
with humans and handling conditions (inclu,ling
methods of restraint) prior to transport to minimize 4.5.1.5 Animals, blind in one eye, that are otherwise
the risk of distress, pain or injury. fit to travel may be transported provided they travel
5
IS 14904:2007
with another animal from an established social group assembly centre it should be carried out by a
and will not suffer unnecessary distress. Animals which veterinarian or suitably trained individual.
are blind in both eyes are unfit to transport.
4.6 Means of Transport
4.5.1.6 Transporters have a responsibility for animals
that are accepted for transport and shall refuse to 4.6.1 Provisions for All Means of Transport
transport animals they consider to be unfit to travel. A 4.6.1.1 Means of transport shall be designed,
written veterinary opinion should be obtained where constructed, maintained and operated so as to avoid
any doubt exists about the fitness of any animal to injury and suffering to and ensure the safety of the
travel. animals. They shall be appropriate for the species, size
4.5.1.7 Veterinary officials shall at least follow the and weight of the animals to be transported, maintained
requirements laid down in Annex A when determining in good mechanical and structural condition and shall
whether an animal is tit to travel. not be used to transport any other goods or merchandise
during the transport of animals.
4.5.1.8 Proper arrangements should be made by the
owner or agent for the handling and care of animals 4.6.1.2 Means of transport shall be designed,
rejected at loading as unsuitable for transport. Where constructed, maintained and operated so that animals
an animal is not fit to travel and is experiencing pain, can be safely loaded and unloaded without the use of
suffering or distress immediate veterinary assistance unnecessary force or risk of injury from falling or being
dragged, lifted or thrown.
must be obrdined for the animal or it must be humanely
destroyed without delay as described in 4.5.3.3. 4.6.1.3 Where required, to separate animals or limit
movement, vehicles shall befitted with internal divisions
4.5.2 Emergency Transport
such as breast bars or partitions. Any internal divisions
4.5.2.1 There will be occasions where an animal that shall be strong enough to withstand the weight of animals
would not normally be selected for transport may be and fitted to permit quick and easy operation.
transported in an emergency for further treatment or
slaughter in order to relieve pain, suffering and distress. 4.6.1.4 Any external doors and internal gates shall be
large enough to permit animals to pass through easily
4.5.2.2 Animals requiring emergency transport must without bruising or injury. Special attention should be
only be handled on to the vehicle in a way which causes paid to the avoidance of injury to animals through the
no significant or lasting pain, injury or distress; where use of secure, smooth fittings free from sharp protrusions.
possible under veterinary supervision. The following Floors of animal areas should be non-slippery.
points should be considered while taking a decision to
transport an animal in an emergency: 4.6.1.5 Means of transport shall be designed,
constructed, maintained and operated so that animals
a) Animal should arrive at the destination in a cannot fall out or escape and no part of an animal can
state similar to that when loaded, protrude in a way that might cause injury.
b) There should be little likelihood that transport
4.6.1.6 In order to minimize the risk of spread of
will cause the animal significant additional
disease, means of transport shall be designed to permit
pain, suffering or distress,
thorough cleansing and disinfection.
c) Nature and duration of the journey should be
taken into account (it should be as short as 4.6.1.7 Provision should be made for the drainage and/
possible), and or absorption of urine. Means of transport should be
d) Need for separation, bedding andlor padding designed so that the faeces or urine from animals on
and any other appropriate supportive upper levels does not soil animals on lower levels, nor
treatment should be considered. their feed or water.
4.5.3 Sick or Injured Animals in Transit 4.6.1.8 Means of transport shall provide protection
from inclement weather, extreme temperatures and
4.5.3.1 When animals become ill or are injured during adverse changes in climatic conditions.
transport, they should be separated from others and
receive appropriate treatment as soon as possible. 4.6.1.9 Where animals are to be fed, watered and rested
on the means of transport it must be suitably designed
4.5.3.2 Veterinary first-aid equipment, with an and equipped for the purpose.
attendant trained in rendering first-aid, shall
accompany all batches of animals. 4.6.1.10 The means of transport shall have sufficient
access and, if used during the hours of darkness, a
4.5.3.3 When euthanasia or slaughter is necessary at means of lighting to permit animals to be inspected
any point during transportation or at a rest stop or and cared for.
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IS 14904:2007
4.6.1.11 Sufficient space shall be provided inside the sharp edges or projections which might injure animals.
animal compartments and at each level to ensure that
4.7.1.4 Ramps should be positioned to present the
there is adequate ventilation and enough room overhead
minimum possible incline to the animals. They should
to enable animals to travel in a natural position without
be fitted with a system such as foot battens which
risk of injury.
ensures that animals can climb up or go down without
4.6.2 Additional Provisions for Transport by Rail risk or difficulty. The width of any ramp should be
suitable enough for animals to safely use and the top
4.6.2.1 Animals should be transported by passenger
shall be level with the floor of the vehicle. The ramps
trains only. In areas where such trains do not operate,
shuuld have side protection and non-slip floors. Ramps
animals may be transported by goods trains provided
shall be aligned so that there are no gaps where an
that special precautions are taken.
animal might become trapped and injured.
4.6.2.2 The Railway Board must ensure that wagons
4.7.1.5 Where purpose built ramps or platforms are
are suitable for the species of animals being
not available, improvised ones should be used for
transported. In particular horses shall be transported
loading and unloading.
in EH or EHH horse boxes.
4.7.1.6 Loading and unloading facilities should be
4.6.2.3 In order to limit the risk of fire, animal wagons
properly lit to allow animals to be seen by the animal
shall not be attached immediately after the engine.
handlers and encourage the animals’ forward
4.6.2.4 The Railway Board should establish effective movement. Uniform lighting should be provided
liaison with experts on animal husbandry and welfare directly over the approaches to sorting pens, raceways,
and consult routinely on the appropriate design and and ramps as animals may baulk or stop at contrasting
construction and modification of existing or new rolling shadows, bright spots, and changes in floor surface.
stock, animal assembly yards and other facilities.
4.7.1.7 Where animals are to be transported in hot or
4.6.3 Additional Provisions for Transport in Containers humid conditions loading should take place in the
coolest part of the day to reduce the risk of heat stress.
4.6.3.1 Unless livestock can be seen easily from outside
the containers, every container used to transport 4.7.1.8 Animals shall be unloaded as soon as possible
animals shall have a sign or symboI to indicate that it after arrival at the place of destination with sufficient
contains live animals and to show its upright position. time allowed for unloading to proceed quietly and
without any unnecessary noise, harassment or force.
4.6.3.2 During transport and handling containers shall
always be kept upright and severe jolts or shaking shall 4.7.1.9 At the destination there should be appropriate
be minimized. facilities and equipment, such as a sturdy drag mat,
for the humane unloading of animals that are not able
4.6.3.3 Containers used for transporting animals shall
to walk due to fatigue, iniury or sickness. These animals
be securely placed, and if necessary fixed on vehicles
shall be unloaded in a manner which causes the least
to prevent them from moving during the journey.
amount of pain, distress or suffering. After unloading
4.7 Loading and Unloading these animals shall be penned separately and given
appropriate care by the animal handler or other
4.7.1 General responsible person.
4.7.1.1 Loading has’been shown to be one of the most 4.7.2 Additional Requirements for Rail
stressful parts of the transport process for the animals;
in order to protect their welfare it should be carefully 4.7.2.1 In the case of a railway wagon, when the
planned. loading and/or unloading is done from the platform
the dropped door of the wagon may be used as ramp.
4.7.1.2 Loading and unloading should be carried out In such cases bales or bags of hay should be placed on
or supervised by experienced animal handlers. They either side of the dropped door to prevent the animals’
must ensure animals are handled quietly and without legs becoming trapped between side of the wagon and
any unnecessary noise, harassment or force and that the platform edge.
untrained assistants or spectators do not impede the
process. 4.7.2.2 Where animals are loaded on the top deck of
multi-deck transport units or containers, particular care
4.7.1.3 The facilities for loading and unloading needs to be taken to ensure that animals cannot rear up
(collecting areas, races and ramps) should be designed above the height of the deck or container sides. Animals
and constructed to take into account the needs and must not be loaded on the top deck, if there is any risk
abilities of the animals with regard to dimensions, of animal striking their heads on low bridges or other
slopes, floor surfaces and the absence of holes, gaps, obstructions.
7
!S 14904:2007
4.7.2.3 Animals shall be loaded parallel to the rails, d) Urine is straw coloorcd:
;’ticing each other. e) Animals widk i:asily wi[hout sign of !anwncss
cr staggering;
4.8 Handling
i-) No coughing or wheezing with a normal quiet
-$.8.1 General breathing pattern;
48.1.1 In a new situation or location, all normal, g) Active interest in immediate surroundings;
h,:atthy animals whilst being alert and inquisitive may h) No groaning, teeth grinding, kicking belly,
behave very differently to how they would normally arching back:
wi~hin familiar surroundings. Animals should be ;) No abnormal lumps, lesions, sores, bruises,
hmdied by competent people who understand basic welt marks or open wounds;
Lt[.imal behaviour and are able to apply it practically k) Dry, clean, shiny coat or healthy fleece and
when they handle and care for animals. healthy pink skin and gums; and
4. S.1.2 Animals should not be rushed when being m) No signs of heat stress (panting, sweating,
moved, Ioadeci or unloaded. restlessness, salivation, exhaustion, collapse).
4.8.1.3 Painful procedures (including whipping, tail 4.8.2.2 Sick or injured animals that can move unaided
twisting, use of nose twitches, pressure on eyes, ears off the vehicle must be moved to the designated
or external genitalia) or the use of sticks with sharp isolation/treatment area without delay at the assembly
ends, lengths of metal pipe or leather belts shall not be centre or destination point.
Ltsml. 4.8.2.3 Sick or injured animals which cannot walk must
4.8.1.4 Animals shall not be lifted or dragged by their only be manually moved off the vehicle, if the animal
tail, head, horns, ears, limbs, wool or hair. Manual can be lifted easily by two people (small calves, goats
lilting of small animals is permitted provided it is done or sheep).
in a way that causes no pain, distress or suffering. 4.8.2.4 Larger animals that cannot walk and cannot be
Animals shall not be thrown, dropped. lifted easily by two people must be moved by means
4.8.1.5 Any goad, stick or other handling aid shall only of a board, sled or mat that is specifically provided for
be used where animals have refused to move forward the purpose and then only by persons trained in its use.
when there is room for them to do so. The use of electric 4.8.2.5 Where an animal, because of the extent of the
prods is discouraged for all species; should only be injuries or its size, cannot be moved by a board, sled
used on the hindquarters of adult cattle and shall not or mat without causing significant pain, distress or risk
be applied to the head, genitalia or any other sensitive of further injury it must be immediately treated where
part of the body. it lies by the official veterinarian, euthanized or
4.8.1.6 Permitted handling aids such as flags, bags or slaughtered by a qualified butcher. Alternatively, if on
sacks should be used in a way [hat is sufficient to the vehicle, the animal must be transported direct to
cncouragc and direct forward movement but without where it can be slaughtered.
physical contact with the animal. Rump straps (easy- 4.8.2.6 Sick or injured animals must never be lifted or
Ioadcrs) can be used for animals that are reluctant to dragged by the head, horns, ears, feet, tail, or any other
load. part of the body which might cause unnecessary
suffering.
4.8.1.7 Injurious objects or irritant substances shall not
be applied to any part of the animal as a means of 4.8.2.7 Transporters and animal handlers must inform
gc[ting the animal to move. the veterinary official in attendance of any sick or
injured animals that arrive or are on the premises of
4.8.2 Handling of Sick and Injured
assembly centres or at destination.
4.8.2.1 All animals must be inspected by the official
4.8.2.8 Handling of sick or injured animals at assembly
veterinarian at the point of unloading. Signs of health
centres shall at least comply with the requirements laid
are:
down in Annex B.
a) Head up, alert with clean eyes and a moist
4.8.2.9 Handling of sick or injured animals at places
nose;
of slaughter shall at least comply with the requirements
b) No discharges from the eyes or nose or
laid down in Annex C.
excessive drooli n: from the mouth;
c) Excrets is of fairly thick consistency and free 4.9 Separation
from blood:
4.9.1 Wherever possible animals reared together should
8
IS 14904:2007
be maintained in that social group for transport or animals or themselves. There must be tools available to
compatible groups established at least one week prior be able to release tethered animals in the event of an
to the journey. Animals with a strong social bond should emergency. Sheep and goat must not be tied by the nose.
be transported together.
4.10.5 Animals shall not be hobbled or tied by the legs
4.9.2 The following animals shall be transported within an assembly centre or for transport.
separate] y:
4.10.6 Sheep and goat must not be tied but instead must
a) Animals of different species; be transported in a secure vehicle with adequate
b) Animals of significantly different size or age, ventilation and from which they cannot fall out or
with the exception that dam and offspring escape.
should be transported together;
4.11 During Transport
c) Adult breeding stallions;
d) Sexually mature males from females; 4.11.1 Animals should be transported from point of
e) Sick or injured animals, when transported for origin to final destination by the safest route available.
treatment; Transportation should be completed as soon as
possible.
f) Animals which are hostile to each other;
g) Animals with horns should not be mixed with 4.11.2 Animals shall be inspected frequently during
animals without horns; and the journey to ensure their safety and welfare.
h) Tied animals with untied animals. 4.11.3 Means of transport shall be provided with sand,
4,9,3 P~ints abow need n~t apply where animals have saw dust, straw bedding or other suitable material to
been reared in compatible groups, are accustomed to absorb faeces and urine; provide insulation for young
each other, where separation will cause distress or animals, protect animals from injury from hard flooring
where females are accompanied by dependent young. and prevent slipping of animals. The layer of saw dust
or sand shall not be less than 3 cm thick and the
4.9.4 Separation of animal groups on the vehicle shall thickness of straw bedding not less than 10 cm.
be achieved by the use of partitions or by tying
compatible groups together. 4.11.4 Means of transport shall be padded with suitable
material where there is risk of animals being rubbed,
4.10 Leading, Tying and Tethering bruised or injured by coming into contact with the sides
of the vehicle or internal partitions.
4.10.1 Animals must be led, tied and tethered during
handling and transport in a way that does not cause 4.12 Space Allowance
them unnecessary pain, injury or distress. Methods of’
leading, tying or tethering should be appropriate to the 4.12.1 The number of animals which should be
species, previous training and past experience of die transported and their allocation to different
individual animal. compartments should be determined before the means
of transport is loaded.
4.10.2 Animals should not be tethered within an
assembly centre if they have not been used to tethers, 4.12.2 No animal shall be caused unnecessary pain,
but should instead be penned with suftlcient space for suffering or distress because of the amount of space
each animal to get up, turn around and lie down without allocated to it and shall not be forced into an unnatural
difficulty. When animals are tethered the ties should position. All animals shall have sufficient space to stand
be such that animals can get up and lie down without normally. Animals must not be caused pain or injury
difficulty and there is a minimum risk of the animals as a result of being stocked too tightly; in particular
becoming entangled. They must be tied so that they through impact or rubbing against the vehicle side.
can have an access to water and food provided.
4.12.3 The space requirement for the animal will
4.10.3 When cattle are tied during transport the ropes depend on whether or not the animals need to lie down
or ties used need to be strong enough not to break or stand. When animals lie down, they should all be
during normal transport conditions; allow Lhe animals able to adopt a comfortable, normal lying posture which
to travel in a normal upright position; tied in such a allows necessary thermoregulation. When animals are
way as to eliminate any danger of strangulation or standing, they should have sufficient space to adopt a
injury and allow animals to be quickly released. balanced position.
4.10.4 Cattle should only be tied by the nose in 4.12.4 When cattle are tied standing either forward or
exceptional circumstances where, because of their size backwards in the direction of travel they must have
and temperament, they might injure handlers, other sufilcient space to stand independently and adopt a
9
IS 14904:2007
balanced position. Cattle must be placed onto the 4.13.2 Additional Requirements for Transport by Road
vehicle in orderly rows.
4.13.2.1 Adequate ventilation shall be ensured.
4.12.5 When cattle are tied across the direction of travel Ventilation should be adjustable from the outside of
they must have sufficient space to stand independently the vehicle in response to temperature changes during
and adopt a balanced position. There should be some a trip. The use of adjustable weather panels is an
clear space in front and to the rear of the animal when effective way to achieve this.
the vehicle is stationary and the animal is standing in a
4.13.2.2 In hot weather, the animals’ environment can
normal position.
be regulated by the flow of air produced by the
4.12.6 Sheep and goat must have room to lie down, movement of the vehicle. In hot weather the duration
particularly during long journeys. of journey stops should be minimized and vehicles
parked under shade, with maximal ventilation.
4.12.7 An animal handler must be able to comfortably
move through sheep and goat. If this is not possible, it 4.13.2.3 In hot, wet and humid (monsoon) conditions,
must be considered that the conlpartment/container is vehicles that are covered to protect animals from the
overcrowded. wet must still have sufficient openings (front, side and
rear) to allow sufficient airflow/ventilation for the
4.12.8 The space allowances will need to be adjusted
animals.
to take into account the design of any means of
transport; length of journey need to provide food and 4.13.3 Additional Requirements for Transport by Rail
water; journey quality or ‘ride’ and expected weather
4.13.3.1 To provide adequate ventilation the upper door
conditions.
of one side of the wagon shall be kept open and
4.12.9 Space allowances shall at least comply with the properly fixed. This door of the wagon shall have a
figures laid down in Annex D. sufficiently fine wire mesh fixed to it to prevent burning
cinders from the engine entering the wagon and leading
4.13 Temperature and Ventilation to the outbreak of fire.
4.13.1 General 4.13.3.2 In extreme, high summer temperatures, water
4.13.1.1 Extreme weather conditions are hazardous for shall be sprinkled over the wagons by the railway
animals undergoing transport and require the use of authorities to bring down temperature. Ice slabs in
appropriate design to minimize risks. Special precautions specially made containers may be placed inside the
need to be taken for animals that are not acclimatized or wagon, if recommended by veterinarian.
which are unsuited to extreme hot or cold conditions. In
4.14 Water and Feeding Intervals, Journey Times
some circumstances, transportation during the night may
and Resting Periods
reduce the risk of heat stress. In some extremes of heat
or cold, animals should not be transported at all. 4.14.1 General
4.13.1.2 Adequate airflow throughout the vehicle or 4.14.1.1 Deprivation of food and water or changes in
container must be provided to keep the animals the quantity or quality of food and water will compound
comfortable. Warming and cooling can predispose the stress associated with transportation and may result
animals to severe respiratory problems. Weather in metabolic disturbances or an increase in the numbers
conditions should be monitored and ventilation of pathogenic organisms in the gut.
adjusted accordingly. Monitoring of the livestock
4.14.1.2 In planning the need for, and provision of food
environment inside the means of transport can be
and watm-, account must be taken of the total transport
accomplished by careful animal observation.
time from initial gathering and assembly prior to the
4.13.1.3 A temperature that is normally comfortable start of the journey until unloading at the final
for animals shall be maintained during transportation. destination, including all transit rest periods.
No animal shall be transported where there is a risk
4.14.1.3 Unweaned calves, lambs, kids and foals which
that animals will be exposed to temperatures out of
are still on a milk diet should, after 9 h of transport be
their thermal comfort zone. In particular small lambs,
unloaded, rested, fed and watered for a period of at
recently shorn sheep and animals in poor condition
least 15 h.
must be protected from climatic extremes, particularly
heat or combinations of cold, wind and rain. 4.14.1.4 Adult cattle, sheep and goats should after 12 h
of transport be unloaded, rested, fed and watered for a
4.13.1.4 In hot and humid climatic conditions animals
period of at least 12 h.
should be transported at night or during the coolest
parts of the day. 4.14.1.5 When there has been unavoidable delay and
10
IS 14904:2007
when it is in the interest of the animals the journey and rail vehicles carrying animals must be driven
times in 4.14.1.3 and 4.14.1.4 may be extended by 2 h, steadily, avoiding rapid acceleration and braking as far
if the final destination can be reached in that time. as possible. Corners must be rounded at an appropriate
speed to reduce the centrifugal force as much as
4.14.1.6 Adult horses may be transported for a
possible. Drivers of road vehicles should practice
maximum period of 24 h. During the journey they must
defensive driving by ensuring that adequate space is
be given liquid and if necessary fed every 8 h.
available should an emergency require an unexpected
4.14.1.7 Clean drinking water should be provided for stop.
all animals whiIe being held prior to loading. Water
4.15.1.3 Drivers must be made aware that sudden
should be provided in troughs so that all ages and
braking can subject animals to horizontal loads as high
classes of animals can drink. It is acceptable to
as 33 percent of their own weight. Sudden acceleration
withdraw- feed 2-4 h before transport.
and rapid cornering can cause horizontal forces of up
4.14.1.8 On a long haul journeys, arrangements shall to 20 percent of the animals’ weight. Such loads will
be made for the provision of adequate feed and water. cause stress and may result in falls and injuries.
Watering arrangements en route shall be made. Small
4.15.2 Additional Requirements for Transport by Rail
quantities of water should be carried for emergency.
Feed should be of appropriate quality and composition 4.15.2.1 Care needs to be taken while shunting and
for the species and age of the animals. connecting locomotives that animals are not subjected
to sudden movement.
4.14.1.9 If feeding and watering is to be carried out on
the vehicle during the journey there should be adequate 4.16 Assembly Centres
space for all animals to have access to the feed and
water sources and due account be taken of the likely 4.16.1 All places where animals are temporarily
competition for feed. assembled for sale, show, feed, water and rest, prior to
or during any journey, must have adequate facilities
4.14.1.10 On long haul journeys animals should be for the care and safe loading, unloading, handling,
rested at resting points at appropriate intervals during holding, feeding and watering of animals.
the journey. The type of transport and species being
transported should determine the frequency of rest 4.16.2 Assembly centres should provide appropriate
stops and whether the animals are unloaded. There shelter for animals from heat, wind and cold. Young
should be planning for water and feed availability animals, goats, recently shorn sheep and stock in poor
during rest stops. Where possible and practical, animals condition must be protected from climatic extremes,
at rest stops should be given sufficient freedom and particularly combinations of cold, wind and rain.
space to exercise, move and stretch their limbs as Shelter for mature, healthy sheep, cattle, horses and
appropriate to the species or individual. goats from heat, wind and cold must be provided in
extreme climatic conditions.
4.14.1.11 Any animals in milk, without suckling young
at foot, should be milked at least every 12 h. 4.16.3 Assembly centres should allow for transport and/
or social groups to be maintained and provide an
4.14.2 Additional Provisions for Transport by Raii environment safe from hazards including predators and
4.14.2.1 The loaded wagons should bc Iabelled as pm- disease.
direction in 4.3. The time of feeding and watering to 4.16.4 Areas where animals are housed and handled
the animals should be prc-planned to coincide with must have sufficient lighting during normal operations
the halt at a railway station where such Facilities are to allow the animals to be easily inspected by the
available. handler and to allow the animals’ ease of movement at
4.14.2.2 Rations for the journey shall be carried in the all times.
middle of each wagon where animals are held. 4.16.5 Provided that animals needs for feed, water and
rest have been met, animals should be moved through
4.15 Driving
assembly yards as quickly as possible to minimize the
4.15.1 Generul overall length of time in transport.
4.15.1.1 Drivers and animal handlers should check 4.17 Control of Disease
immediately before departure to ensure that the animals
are properly loaded. Animals should be checked again 4.17.1 Animal transport is often a significant factor in
early in the journey and at regular intervals thereafter. the spread of infectious disease, transporters must
ensure the means of transport is adequately cleansed
4.15.1.2 To reduce the risk of injury to animals’, road and disinfected at appropriate points in the journey.
11
IS 14904:2007
4.17.2A11 means of transport shall be visibly clean 5.1.5 Animal handlers are responsible for the humane
before loading any animals. They should be properly handling and care of animals, especially during loading
disinfected and sprayed with a solution of a reliable and unloading. To carry out these responsibilities, they
disinfectant before loading. should have the authority to take prompt action.
4.17.3 During any long haul journey the place occupied 5.1.6 The exporter, the shipping company and the
by the animals shall be kept clean and free from master of the vessel are jointly responsible for planning
decaying fodder. Dung should be removed as the ,journcy to ensure the care of the animals, including:
frequently as possible.
a) choosing appropriate vessels and ensuring
4.17.4 At assembly centres the mixing of animals from that competent animal handlers and
different sources should be minimized. Wherever veterinarians are available for loading,
possible animals should be vaccinated against diseases unloading and caring for animals throughout
to which they are likely to be exposed at their tbe journey;
destination. b) ensuring that only animals fit for transport are
4.17.5 Once animals have been unloaded at a place of permitted on ship;
rest or transfer or the place of destination the means of c) ensuring that any animals on boardship are
transport should be thoroughly cleansed and if possible provided comfortable and secure
disinfected before animals are reloaded or any other accommodation;
consignment of animals is carried. d) developing and keeping uptodate contingency
plans to address emergencies (including
5 TRANSPORT OF ANIMALS BY SEA adverse weather conditions) and minimize
5.1 Responsibilities stress during transport;
e) correct loading and unloading of the ship,
5.1.1 Once the decision to transport animals by sea
regular inspections during the journey and for
has been made, the welfare of animals during their
appropriate responses to problems arising;
transport is paramount and shall be the joint
and
responsibility of all people involved. These guidelines
f) disposal of carcasses according to
may also be applied to the transport of animals by
international law.
water.
S.1.7 To carry out these responsibilities, the people
5.1.2 Exporters, owners of animals and managers of
involved should be competent regarding transport
facilities shall be jointly responsible for the general
regulations, equipment usage, humane handling and
health of the animals and their fitness for tbe journey.
the care of animals.
5.1.3 The exporter has overall responsibility—
5.1.8 Managers of facilities during loading, journey
including for the organization, carrying out and
and unloading of the animals are responsible for:
completion of the journey, regardless of whether duties
are subcontracted to other parties during transport. The a) providing suitable premises for loading the
exporter is also responsible for ensuring that equipment animals;
and medication are provided as appropriate for the b) providing suitable facilities for unloading the
species and journey, and for the presence during the animals onto transport vehicles for immediate
journey of enough animal handlers and veterinarians movement or securely holding the animals in
competent for the species being transported to be lairage, with shelter, water and feed, when
suitable for the numbers of animals being transported. required, for transit;
The exporter is also responsible for ensuring
c) ensuring that only animals fit for transport are
compliance of the animals with any required veterinary
permitted on ship;
certification and, in the case of animals for export, any
d) ensuring that animals on boardship are
other requirements of the importing country and the
provided with comfortable and secure
exporting country.
‘accommodation;
5.1.4 Business or buying/selling agents have a joint e) providing competent animal handlers to load,
responsibility with owners for the selection of animals unload and handle the animals in a manner
that are fit to travel. They have a joint responsibility that causes minimum stress and injury;
with masters of vessels and managers of facilities at
f) minimizing the opportunities for disease
the start and at the end of the journey for the availability
transmission;
of suitable facilities for the assembly, loading, transport,
g) providing appropriate facilities for
unloading and holding of animals, and for emergencies.
emergencies;
12
IS 14904:2007
h) providing facilities for veterinary treatment e) general disease prevention procedures,

and veterinarians; and including cleaning;
j) providing veterinarians or competent animal f) appropriate methods of animal handling
handlers capable of killing animals humanely during transport and associated activities such
when required. as assembling, loading, and unloading;
5.1.9 Veterinarians are responsible for ensuring the d methods of inspecting animals, managing
humane handling and treatment of animals during the situations frequently encountered during
journey and upon unloading, including providing transport such as adverse weather conditions,
medical treatment to animals and euthanasia if and dealing with emergencies;
necessary. To carry out these responsibilities, they h) species-specific aspects of animal handling
should have the authority to act and report and care, including feeding, watering and
independently. The official veterinarian should meet inspection; and
with the Master, Chief Officer and the senior animal j) appropriate record keeping and journey
handler on a daily basis. logbook.
5.1.10 There must be enough veterinarians on board 5.2.3 Assessment of competence for exporters should
during the journey to adequately care for any animal at a minimum address knowledge, and ability to apply
in need. that knowledge, in the following areas:
5,1,11 Masters, managers, owners and exporters must a) Planning a journey, including appropriate
rvfuse to transport sick, injured, wild, or unmanageable space allowances, and feed, water and
animals. ventilation requirements;
b) Relevant authorities and applicable transport
5.1.12 Veterinarians must have the authority to refuse
an animal on board that is sick, injured, wild m- regulations, and associated documentation
unmanageable. Animal handlers must alert masters, requirements;
managers, owners, exporters or veterinarians to any c) Appropriate methods of animal handling
animal that should be refused transport. during transport and associated activities such
as cleaning and disinfection, assembling,
5.1.13 Arrangements must be made by the owner or loading, and unloading;
agent for the humane handling and care of any animal
d) Species-specific aspects of animal handling
rejected as untit to travel, including any veterinary care
and care, including appropriate equipment
or euthanasia, if required, by a qualified veterinarian
and medication;
or other suitably trained person.
e) Sources of advice and assistance;
5.2 Skills f) Appropriate record keeping and journey
logbook; and
5.2.1 All people handling animals or who are otherwise
responsible for animals during journeys, should be g) Managing situations frequently encountered
competent according to their responsibilities listed during transport, such as adverse weather
in 5.1. Competence may be gained through formal conditions, and dealing with emergencies.
training when required by the competent authority andl
5.3 Planning the Journey
or practical experience.
5.3.1 General Conditions
5.2.2 Assessment of competence for animal handlers
should at a minimum address knowledge, and ability 5.3.1.1 Adequate planning is a key factor affecting the
to apply that knowledge, in the following areas: welfare of animals during a journey.
a) responsibilities for animals during the 5.3.1.2 Before the journey starts, plans should be made
journey; in relation to:
b) sources of advice and assistance; a) type of transport vessel required;
c) animal behaviour, general signs of disease, b) route, taking into account distance, expected
and indicators of poor animal welfare such weather and sea conditions;
as stress, pain and fatigue, and their
c) nature and duration of journey;
alleviation;
d) daily care, management and feeding of the
d) relevant authorities and applicable transport
animals;
regulations, and associated ciocumentation
requirements; e) avoiding the mixing of animals from different
sources in a single pen group;
13
IS 14904:2007
f) provision of appropriate equipment and protrusions and the provision of non-slip flooring. The
medication for the numbers and species avoidance of injury to animal handlers while carrying
carried; and out their responsibilities should be emphasized.
g) emergency response procedures. 5.3.2.2 Vessels should be designed to permit thorough
5.3.1.3 Pre-conditioning may be required. Animals cleaning and disinfection without adding unnecessary
should be exposed to appropriate contact with humans stress to the animals. The vessel must be kept clean
and handling conditions prior to transport to minimize and there must be routine and adequate removal of
the risk of distress, pain or injury. If animals are to be faeces and urine during the journey.
provided with a new or novel diet or method of water 5.3.2.3 Vessels should be maintained in good
provision during transport an adequate period of mechanical and structural condition.
adaptation should be undertaken.
5.3.2.4 Vessels should have adequate ventilation to
5.3.1.4 Where there is a potential for spread of meet variations in climate and the thermo-regulatory
infectious disease, and when requested by the needs of the animal species being transported. The
veterinary authority of the importing country, animals ventilation system should be capable of operating when
should be vaccinated against diseases to which they the vessel is stationary and the air flow should be
are likely to be exposed at their destination. adjustable.
5.3.1.5 There should be planning for water and feed 5.3.2.5 The feeding and watering system should be
availability during the journey. Feed should be of designed to permit adequate access to feed and water
appropriate quality and composition for the species, appropriate to the species, size and weight of the
age, condition of the animals, etc. animals, and to minimize soiling of pens.
5.3.1.6 Extreme weather conditions are hazardous for 5.3.2.6 Vessels should be designed so that the faeces
animals undergoing transport and require appropriate or urine from animals on upper levels do not soil
vessel design to minimize risks. Special precautions animals on lower levels, or their feed or water.
should be taken for animals that have not been
acclimatized or which are unsuited to either hot or cold 5.3.2.7 Loading and stowage of feed and bedding
conditions. In months of excessive heat or cold, animals should be carried out in such a way to ensure protection
must not be transported at all. from fire hazards, the elements and sea water.
5.3.1.7 Behaviour-modify ing or other medication 5.3.2.8 Where appropriate, suitable bedding, such as
should not be used routinely during transport. Such straw or saw dust, should be added to vessel floors to
medicines should only be administered when a problem assist absorption of urine and faeces, provide better
exists in an individual animal, and should be footing for animals and protect animals (especially
administered by a veterinarian or other person who young animals) from hard or rough flooring surfaces
has been instructed in their use by a veterinarian. and adverse weather conditions.
Treated animals should be placed in a dedicated area. 5.3.2.9 The above principles apply also to containers
5.3.1.8 There should be an emergency management used for the transport of animals.
plan that identifies the important adverse events that 5.3.2.10 The vessel must have secure pens.
may be encountered during the journey, the procedures
for managing each event and the action to be taken in 5.3.3 Special Provisions for Transport in Road Vehicles
an emergency. For each important event, the plan on Roll -On/Roll-Ojf Vessels or for Containers
should document the actions to be undertaken and the 5.3.3.1 Road vehicles and containers should be
responsibilities of all parties involved, including equipped with a sufficient number of adequately
communications and record keeping. designed, positioned and maintained securing points
5.3.1.9 The requirements of 4.11.4 to 11.2 shall apply enabling them to be securely fastened to the vessel.
for the transportation of animals by sea. 5.3.3.2 Road vehicles and containers should be secured
5.3,2 Vessel and Container Design and Maintenance to the ship before the start of the sea journey to prevent
them being displaced by the motion of the vessel.
5.3.2.1 Vessels used for the sea transport of animals
should be designed, constructed and fitted as 5.3.3.3 Vessels should have adequate ventilation to
appropriate to the species, size and weight of the meet variations in climate and the thermo-regulatory
animals to be transported. Special attention should be needs of the animal species being transported,
paid to the avoidance of injury to animals through the especially where the animals are transported in a
use of secure smooth fittings free from sharp secondary vehiclelcontainer on enclosed decks.
14
IS 14904:2007
5.3.3.4 Good management is important to the welfare documentation required to that point is complete.
of animals carried by sea. Where a road vehicle is
5.7.2 The documentation accompanying the
transported on a vessel, the driver is still responsible
consignment should include:
for the care and welfare of animals on the vehicle while
at sea. a) Journey travel plan;
b) Time, date and place of loading;
5.4 Space Allowance
c) Journey logbook — a daily record of
5.4.1 The number of animals which should be inspection and important events which
transported on a vessel and their allocation to different includes records of morbidity and mortality,
pens on the vessel should be determined before loading. climatic conditions, food and water
consumed, medication provided, mechanical
5.4.2 The amount of space required, including
defects;
headroom, depends on the species of animal and should
allow the necessary thermo-regulation. Each animal d) Expected time, date and place of arrival and
should be able to assume its natural position for unloading;
transport (including during loading and unloading) e) Veterinary certification, when required;
without coming into contact with the roof or upper f) Animal identification to allow traceback of
deck of the vessel. When animals lie down, there should individual animals to the premises of
be enough space for every animal to adopt a departure, and, where possible, to the
comfortable, normal lying posture. premises of origin;
5.4.3 No animal shall be caused unnecessary pain, g) Details of animals at risk;

suffering vr distress because of the amount of space h) Number of animal handlers on board, and
allocated to it and shall not be forced into an unnatural their competencies; and
position. Animals must not be caused pain, injury or j) Stocking density estimate for each load in the
discomfort as a result of being stocked too tightly. consignment.
5.4.4 The space allowances will need to be adjusted to 5.7.3 Veterinary certification should accompany
take into account the design of any means of transport; consignments of animals address and the following:
length of journey need to provide feed and water;
a) Cleaning and disinfection of the vessel;
journey quality or ride and expected weather
conditions. b) Fitness of the animals to travel;
c) Animal identification (description, number,
5.4.5 Calculations for the space allowance for each
etc); and
animal should be carried out, using the requirements
d) Health status including tests, treatment and
of relevant national and international animal sea
vaccinations carried out, if required.
transport document as a minimal standard. The size of
pens will affect the number of animals in each. 5.8 Pre-journey Period
5.4.6 The same principles apply when animals are 5.8.1 General Considerations
transported in containers.
5.8.1.1 Before each journey, vessels should be
5.5 Ability to Observe Animals en route thoroughly cleaned and treated for animal and public
health purposes, using chemicals approved by the
5.5.1 Animals should be positioned to enable them to
Competent Authority. When cleaning is necessary
be observed regularly during the journey to ensure their
during a journey, this should be carried out with the
safety and good welfare.
minimum of stress to the animals.
5.5.2 To allow an adequate inspection of animals en
5.8.1.2 In circumstances where animals may require
route, it should be possible for each animal to be clearly
pre-journey assembly, the following points should be
observed by the animal handler, veterinarian or other
considered:
responsible person.
a) A rest period appropriate to the species, after
5.6 Emergency Response Procedures collection or assembly and before loading is
Appropriate contingency plans to address emergencies beneficial. Where gathering is undertaken
should be prepared in advance. over a large area which would subject the
animals to excessive stress, animals should
5.7 Documentation be provided with 24 h of rest and access to
feed and water. Feed should be withdrawn for
5.7.1 Animals should not be loaded until the
15
IS 14904:2007
the last 2-4 h before transport, appropriate to handlers or veterinarians should not be loaded onto a
the species. vessel.
b) Foranimals such aspigsthat are susceptible 5.8.3.2 Humane and effective arrangements should be
to motion sickness, and in order to reduce made by the owner or agent for the handling and care
urine and faeces production during the of any animal rejected as unfit to travel.
journey, a short period of feed deprivation
prior to loading is desirable. 5.8.3.3 Animals that are unfit to travel include:
c) When animals will be provided with a novel a) those that are sick, injured, weak, disabled or
diet or method of water provision during or fatigued;
after transport, an adequate period of pre- b) those that are unable to stand unaided and bear
exposure is necessary. weight on each leg;
5.8.1.3 Pre-journey holding areas should be designed c) those that are blind in both eyes;
to: d) those that cannot be moved without causing
a) securely contain the animals; them additional suffering;
e) newborn with an unhealed navel;
b) maintain an environment safe from hazards,
including predators and disease; f-) females traveling without young which have
given birth within the previous 48 h; and
c) protect animals from exposure to adverse
weather conditions; and g) pregnant animals which would be in the final
d) allow for rest, watering and feeding. 10 percent of their gestation period at the
planned time of unloading.
5.8.2 Selection of Compatible Groups
5.8.3.4 Risks during transport can be reduced by
5.8.2.1 Compatible groups should be selected before selecting animals best suited to the conditions of travel
transport to avoid adverse animal welfare and those that are acclimatized to expected weather
consequences. Wherever possible animals reared conditions.
together should be maintained in that social group for
5.8.3.5 Animals at risk, and requiring better conditions
transport or compatible groups established at least one
and additional attention during transport include:
week prior to the journey. Animals with a strong social
bond should be transported together. a) Very large or obese individuals,
5.8.2.2 The following animals shall be transported b) Very young or old animals,
separately: c) Excitable or aggressive animals,
d) Animals which have had little contact with
a) Animals of different species;
humans,
b) Animals of significantly different size or age,
e) Females in the last third of pregnancy or in
with the exception that dam and offspring
heavy lactation, and
should be transported together;
f) Hair or wool length needs consideration in
c) Adult breeding stallions;
relation to the weather conditions expected.
d) Sexually mature males from females;
e) Sick or injured animals, when transported for 5.9 Loading
treatment;
5.9.1 Experienced Supervision
f) Animals which are hostile to each other; and
g) Tied animals with untied animals (though all 5.9.1.1 Loading should be carefully planned as it has
tying must be avoided on the vessel). the potential to be the cause of poor welfare in
transported animals.
5.8.2.3 Points above need not apply where animals have
been reared in compatible groups, are accustomed to 5.9,1.2 Loading should be supervised by the official
each other, where separation will cause distress or veterinarian and managed by an animal handler(s).
where females are accompanied by dependant young. Animal handlers should ensure that animals are loaded
quietly and without unnecessary noise, harassment or
5.8.2.4 Separation of animal groups on the vessel shall force, and that untrained assistants or spectators do not
be achieved by the use of partitions and pens. impede the process.
5.8.3 Fitness to Travel 5.9.1.3 The requirements of 4.8.1 to 4.8.1.7 shall apply
5.8.3.1 Animals should be inspected before travel and for the loading of animals on vessels.
those found unfit to travel by farm staff. animal 5.9.1.4 Ventilation during loading and the journey
16
IS 14904:2007
should provide for fresh air, and the suitable removal 5.10 ‘have]
of excessive heat, humidity and noxious fumes (such
5.10.1 Inspections
as ammonia and carbon monoxide). Under warm and
hot conditions, ventilation should allow for the 5.10.1.1 Animal handler(s) should check the
adequate convective cooling of each animal. In some consignment immediately before departure to ensure
instances, adequate ventilation can be achieved by that the animals have been loaded according to the load
increasing the space allowance for animals. plan. Each consignment should be checked again
within 24 h.
5.9.2 Facilities
5.10.1.2 Adjustments should be made to the stocking
5.9.2.1 The facilities for loading including the
density within 48 h of departure and as appropriate
collecting area at the wharf, races and loading ramps
during the journey.
should be designed and constructed to take into account
of the needs and abilities of the animals with regard to 5.10.1.3 Each pen of animals should be observed on a
dimensions, slopes, surfaces, absence of sharp daily basis for normal behaviour, health and welfare,
projections, flooring, sides, etc. and the correct operation of ventilation, watering and
feeding systems. There should also be a night patrol.
5.9.2.2 All loading facilities should be properly
Any~necessary corrective action should be undertaken
illuminated to allow the animals to be easily inspected
promptly.
by the animal handler(s), and to allow the animals’ ease
of movement at all times. 5.10.1.4 Suitable and sufficient feed and water must
be provided and adequate access to suitable feed and
5.9.3 Goads and Other Aids
water should be ensured for all animals in each pen.
5.9.3.1 The following principles should apply:
5.10.2 Handling
a) Goads (aids for encouraging animals to move)
5.10.2.1 The requirements of 4.8.1 to 4.8.1.7 shall
should not be used on animals that have little
apply for the handling of animals on vessels.
or no room to move.
b) Useful and permitted goads include panels, 5.10.2.2 Tying of animals should be avoided and
flags, plastic paddles, flappers (a length of instead, animals must be kept in secure pens.
cane with a short strap of leather or canvas 5.10.3 Sick and Injured Animals
attached), plastic bags and metallic rattles;
they should be used in a manner sufficient to 5.10.3.1 Sick or injured animals should be segregated/
encourage and direct movement of the isolated.
animals but without physical contact with 5.10.3.2 Sick or injured animals should be treated
them. promptly and appropriately, and veterinary advice
c) Unsuitable goads such as large wooden’sticks, should be sought if necessary. All drugs and products
sticks with sharp ends, lengths of metal should be used in accordance with the manufacturer’s
piping, fencing wire or heavy leather belts or veterinarian’s recommendations.
should not be used to strike animals.
5.10.3.3 Animal handlers must inform the veterinary
d) The use of goads which administer electric
official in attendance of any sick or injured animals
shocks should be discouraged, and restricted
and veterinarians must actively look out for sick and
to that necessary to assist movement of the
injured animals and take immediate appropriate action.
animal. If such use is necessary, it should be
limited to the hindquarters of pigs and large 5.10.3.4 A record of treatments carried out and their
ruminants, and never on sensitive areas such outcomes should be kept.
as the eyes, mouth, ears, anogenital region or
5.10.3.5 When euthanasia is necessary, it must be
belly. Such instruments should not be used
conducted by a veterinarian or other person(s)
on horses, sheep and goats of any age, or on
competent in euthanasia procedures. The person
calves or piglets.
responsible for the animals must ensure that euthanasia
e) The use of well trained dogs to help with the is carried out humanely, and results in immediate death.
loading of some species may be acceptable.
5.10.4 Cleaning and Disinfection
f) Manual lifting is permissible for young
animals that may have difficulty negotiating 5.10.4.1 Vessels and containers used to carry the
ramps, but the lifting of animals by their tail, animals should be cleaned before re-use through the
head, horns, ears, limbs, wool or hair should physical removal of manure and bedding by scraping,
not be permitted. washing and flushing vessels and containers with water.
17
IS 14904:2007
This should be followed by disinfection when there drinking water, shelter from extreme weather
arc concerns about disease transmission. conditions and veterinary care.
5.10.4.2 Manure, litter and bedding should be disposed 5.11.3 Sick and Injured Animals
of in such a way as to prevent the transmission of
5.11.3.1 All animals must be inspected by the official
disease and in compliance with all relevant health and
veterinarian at the point of unloading. Signs of health
environmental legislation.
are:
5.10.4.3 Where cleaning or disinfection is necessary
a) Head up, alert with clean eyes and a moist
during travel, it should be carried out with the minimum
nose;
stress to the animals.
b) No discharges from the eyes or nose or
5.11 Unloading and Post-journey Handling excessive drooling from the mouth;
c) Excreta is of fairly thick consistency and free
5.11.1 General Considerations
from blood;
5.11.1.1 The required facilities and the principles of d) Urine is straw coloured;
animal handling detailed in 5.9 apply equally to e) Animals walk easily without sign of lameness
unloading, but consideration should be given to the or staggering;
likelihood that the animals will be fatigued.
f) No coughing or wheezing with a normal quiet
5.11.1.2 Unloading should be carefully planned as it breathing pattern;
has the potential to be the cause of poor welfare in g) Active interest in immediate surroundings;
transported animals. h) No groaning, teeth grinding, kicking belly,
5.11.1.3 A livestock vessel should have priority arching back;
attention when arriving in port and have priority access j) No abnormal lumps, lesions, sores, bruises,
to a berth with suitable unloading facilities. As soon welt marks or open wounds;
as possible after the ship’s arrival at the port and k) Dry, clean, shiny coat or healthy fleece and
acceptance of the consignment by the competent healthy pink skin and gums; and
authority, animals should be unloaded into appropriate m) No signs of heat stress (panting, sweating,
facilities. restlessness, salivation, exhaustion, collapse).
5.11.1.4 The accompanying veterinary certificate and 5.1 .3.2 Where animals are non-ambulatory due to
other documents should meet the requirements of the fatigue, injury or sickness, the animals must be
importing country. Veterinary inspections should be provided veterinary treatment or, if necessary,
completed as quickly as possible. euthanized aboard the vessel by a veterinarian or other
5.11.1.5 Unloading should be supervised by the official person suitably trained in euthanasia.
veterinarian and managed by a competent animal 5.11.3.3 If unloading is in the best welfare interests of
handler(s). The animal handlers should ensure that animals that are fatigued, injured or sick, there should
animals are unloaded quietly and without unnecessary be appropriate facilities and equipment for the humane
noise, harassment or force, and that untrained assistants unloading of such animals. These animals should be
or spectators do not impede the process. unloaded in a manner that causes the least amount of
5.11.2 Facilities suffering. After unloading, appropriate facilities and
treatments should be provided for sick or injured
5.11.2.1 The facilities for unloading including the animals.
collecting area at the wharf, races and unloading ramps
should be designed and constructed to take into account 5.11.3.4 If unloading is in the best welfare interests of
of the needs and abilities of the animals with regard to the animals that are fatigued, injured or sick, the
dimensions, slopes, surfaces, absence of sharp following conditions should be considered:
projections, flooring, sides, etc. a) Sick or injured animals that can move unaided
5.11.2.2 All unloading facilities should be properly off the vehicle must be moved to the
illuminated to allow the animals to be easily inspected designated isolation/treatment area without
by the animal handler(s), and to allow the animals’ ease delay at the assembly centre or destination
of movement at all times. point.
b) Sick or injured animals which cannot walk
5.11.2.3 In case of emergencies, port facilities should
must only be manually moved off the vehicle
provide animals with appropriate care and comfort,
if the animal can be lifted easily by two people
adequate space, access to quality feed and clean
(small calves, goats or sheep).
18
IS 14904:2007
c) Larger animals that cannot walk and cannot for the refusal;
be lifted easily by two people must be moved c) In the event of a refusal for animal health
by means of a board, sled or mat that is reasons, the competent authority of the
specifically provided for the purpose and then importing country should provide urgent
only by persons trained in its use. access to an OIE-appointed veterinarian(s) to
d) Sick or injured animals must never be lifted assess the animals’ health status with regard
or dragged by the head, horns, ears, feet, tail, to the importing country’s concerns, and the
or any other part of the body which might necessary facilities and approvals to expedite
cause unnecessary suffering. the required diagnostic testing;
d) Competent authority of the importing country
5.12 Actions in the Event of a Refusal to Allow
should provide access to allow continued
Importation of a Shipment
assessment of the ongoing health and welfare
5.12.1 The welfare of the animals should be the first situation; and
consideration in the event of a refusal to import. e) If the matter cannot be urgently resolved, the
competent authorities of the exporting country
5.12.2 Prior to shipment, it must be ensured that the
and the importing country should call on the
competent authority of the importing country will make
OIE to mediate.
available suitable isolation facilities to allow the
unloading of animals from a vessel and their secure 5.12.4 The OIE’S dispute settlement mechanism should
holding, without posing a risk to the health of the be used to identify a mutually agreed solution which
national herd, if the animals are not allowed to be will address the animal health and welfare issues in a
imported, pending resolution of the situation. The timely manner.
following must be ensured with the competent authority
of the importing country prior to shipment and be 6 TRANSPORT OF ANIMALS BY AIR
considered in the following order of priorities: 6.1 General Condhions
a) Competent authority of the importing country 6.1.1 All animal acceptance carried by air carriers must
should provide urgently in writing the reasons adhere to the International Air Transport Association
for the refusal; (IATA) Regulations.
b) In the event of a refusal for animal health
reasons, the competent authority of the 6.1.2 When arranging carriage with the consignor, care
importing country should provide urgent must be taken to ensure that the animals can be carried
in the aircraft operating the particular service.
access to an OIE-appointed veterinarian(s) to
assess the animals’ health status with regard 6.1.3 Consignments should not be accepted for carriage
to the importing country’s concerns, and the where lengthy delays are likely to occur en route unless
necessary facilities and approvals to expedite special and suitable arrangements have been made by
the required diagnostic”testing; the consignor for immediate collection on arrival and
c) Competent authority of the importing country care of the animal during any transit stops.
should provide access to allow continued
6.1.4 The airport/office that desiring to send the
assessment of the ongoing health and welfare
consignment must send details of the consignment to
situation; and
the destination office/airport and any transshipment
d) If the matter cannot be promptly resolved, the airports prior to shipment and await their
competent authority of the exporting country acknowledgment before sending the consignment.
and the importing country should call on the Once received or processed, the transshipment airports
OIE to mediate. and destination/office airport must inform the sender
5.12.3 The following must also be ensured with the that it has been received.
competent authority of the importing country prior to
6.2 Livestock Containers
shipment and be considered in the following order of
priorities in the event that the animals are required to 6.2.1 Design
remain on the vessel:
6.2.1.1 The container should:
a) Competent authority of the importing country
a) conform to the size of the standard pallet of
should allow re-provision of the vessel with
the aircraft that will be used to transport
water and feed as necessary;
animals. The common sizes are:
b) Competent authority of the importing country
224cm x 318 cm (88 in. x 125 in. ) and
should provide urgently in writing the reasons
19
IS 14904:2007
244 cm x 318 cm (96 in. x 125 in.); points of departure, destination, and any
b) not be constructed of material that could be interim technical stops;
harmful to the animals’ health or welfare; b) Allow the normal resting or sleeping position
c) allow observation of the animals and be to be assumed for certain species and juvenile
marked on opposite sides with the IATA animals;
symbols which indicate animals and the c) Ensure there is no dead air space in the
upright position; container;
d) allow emergency access to animals; d) Provide ventilation openings on the walls
c) allow the animal to stand in its normal position equal to at least 16 percent of the wall area—
without touching the roof of the container or, this may be reduced if the container has an
in the case of open containers, the restraining open top;
nets, and provide at least 10 cm (4 in. ) e) In the case of two-tiered containers,
clearance above the animal’s head when ventilation in the sides should be for cattle
standing in its normal position; equivalent to not less than 20 percent of the
f) in the case of horses, provide sufficient space floor area of each deck, and for pigs and sheep
above the horses head (21 cm, 8 in. up to 40 percent of the floor area of each deck;
recommended) to allow for the movement f) Have ventilation openings on all four sides
required to maintain the horses balance; of the crate except that two walls may have
~) protect the animals from adverse weather; reduced ventilation space and the other walls
h) ensure animals stand on a suitable iloor to have increased space where required by the
prevent slipping or injury; positioning of the crates during transportation
and/or the ventilation pattern of the aircraft;
j) have adequate strength to ensure the safety
of the animals and to prevent the animals from g) Ensure that any internal supports or dividers
escaping; do not block the cross ventilation;
k) ensure doors can be opened and closed easily, h) Not have a solid wall above the height of the
but be secured so that they cannot be opened animal’s head in normal resting position;
accidentally; j) In those species where the mouth is normally
m) be free of any nails, bolts and other held near the floor, have at least 25 cm (1O in.)
protrusions or sharp edges that could cause of ventilation space at the level of the animal’s
injuries; head; this opening should be divided in two
with a maximum height for any opening of
n) be designed to minimize the risk of any
13 cm;
opening or space entrapping any portion of
the animals body; k) In all containers, there should be a sufficiently
large ventilation opening at a height of 25 cm
P) if reusable, crates should be constructed of
to 30 cm (10 to 11 in.) above floor level on
impermeable material that is easily cleaned
all four sides to allow for circulation; and
and disinfected;
m) Have some physical means of ensuring the
@ ensure faeces and urine cannot escape from
ventilation space is not blocked, such as the
the crate—this requires a minimum upturn of
use of cleats (wedges) or allowing space
20 cm but it must not block any ventilation
between the outside of the container and the
openings;
pallet.
r) if designated for stacking be stable, not block
any ventilation space and prevent urine and 6.3 Species Requirements
faeces from leaking into the containers below
6.3.1 Horses
when stacked; and
s) allow for a facility for provision of water and 6.3.1.1 Horses should be transported in containers and
possibly feed during transportation of longer be separated from each other if they are more than
than 6 h duration. 145 cm (57 in.) in height.
6.2.2 Ventilation 6.3.1.2 Horse crates
6.2.2.1 The container design should: 6.3.1.3 Crates used to transport horses should:
a) Provide adequate ventilation taking into a) be strong enough to prevent unruly horses
consideration the species stocking density, from breaking or escaping from the container
maximum temperature and humidity of the under any circumstances;
20
IS 14904:2007
b) in the case of multi-horse containers, have group pens should be housed together as a group prior
partitions of sufficient strength and size to to shipment and not be mixed with other swine before
separate the horses and to support each horse’s loading on the aircraft.
weight;
6.3.2.7 Mature boars and incompatible females should
c) adjust to allow mare and foal to travel be shipped in individual crates.
together;
d) provide the same percentage of open spa,ce 6.3.2.8 Individual crates should be 20 cm (8 in.) longer
for ventilation as required in 4.2, divided than the body, 15 cm (6 in.) higher than the loin of the
between the two side walls; however, if the pig and of sufficient width, to allow the pigs to lie on
access doors are constructed in such a manner their side.
that they may be left open during the flight, 6.3.3 Cattle
the door space may be included in the
ventilation space; 6.3.3.1 Crates used to transport cattle should:
e) be constructed to minimize noise; a) if multi-tiered or roofed, have at least 33

t) allow access to the head during the flight; percent of the roof and four walls as open
have the front end notched and padded to space; and
@
accept the neck of the animal; b) have at least one ventilation opening 20-25 cm
(8-10 in.) above the floor which is of such
h) have a secure point for atrdching restraining
devices; width that it will not cause injuries to the feet.
.0 have a front and rear barrier that will restrict 6.3.3.2 Adult bulls should be transported separately
the movement of the horse and will ensure unless they have been accustomed’to each other. Cattle
that liquids are deflected into the container; with and without horns should be separated from each
k) ensure horses cannot bite other animals; other.
m) be constructed to resist kicking; 6.3.4 Other Species
n) have no fittings or projections in the area
6.3.4.1 Animals that normally exhibit a herding instinct,
likely to be kicked, metal plates should be
including buffalo and deer, can be shipped in group
covered with a protective material;
containers providing the mental and physical
P) ramps shall be non-skid in nature, have foot characteristics of the species are taken into
battens, and be of a maximum slope of consideration.
25 degrees when the container is on a standard
50 cm (20 in.) dolly; and 6.3.4.2 All crates used to move such animals should
not have a step up or down of more than 25 cm have a roof or other method of preventing the animals
@
from escaping.
(10 in.).
6.3.4.3 Animals in which the horns or antler cannot be
6.3.2 Swine
removed, should be transported individually.
6.3.2.1 Crate design and shipment planning should
6.3.4.4 Deer should not be transported in velvet nor in
recognize that swine are extremely susceptible to high
heat and humidity and that they normally carry their rut.
head near the floor.
6.4 Guidelines for Pregnant Animals
6.3.2.2 In the use of multi-tiered crates, special
6.4.1 Heavily pregnant animals should not be carried
attention should be paid to ensure air can move through
except under exceptional circumstances. Pregnant
the crate, in accordance with the aircraft’s ventilation
animals should not be accepted when the last service
pattern and capacity to remove heat.
or exposure to a male prior to departure has exceeded
6.3.2.3 Crate construction should take into the following time given here for guidance only:
consideration the tendency for mature swine to chew.
Females Maximum Number of Days
6.3.2.4 Litter should be dust-free, shavings or other since the Last Service or
non-toxic materials may be used but not saw dust. Exposure to a Male
6.3.2.5 Containers for immature swine should only be

Horses 300
constructed when flight is imminent, since rapid growth
can result in undersized containers, if the flight is cows 250
delayed. Deer (ax!s, fallow and sika) 170
6.3.2.6 In order to reduce fighting, swine shipped in (red deer, reindeer) 185
21
IS 14904:2007
Ewes (sheep) 115 inside measurements of the crates or penning

Nannies (goats) 115 system used, not on the floor space of the
aircraft;
Sows (pigs) 90
d) Multi-tiered crates, high outdoor temperatures
6.4.2 Where service dates or date of last exposure to a at departure, arrival or stopover points, or
male are not available, the animals should be examined extreme length of the trip will require an
by a veterinarian to ensure that pregnancy is not so increase in the amount of space per animal; a
advanced that animals are likely to give birth during ,
10 percent dectease in stocking density is
transport or suffer unnecessarily. recommended for trips in excess of 24 h;
6.4.3 Any animal showing udder engorgement and e) Special attention should be paid to the
slackening of the pelvic ligament should be refused. transport of sheep in heavy wool which
require an increase in space allotted per
6.5 Stocking Density animal and to pigs which have limited ability
to dissipate heat;
6.5.1 General Considerations
f) Animals confined in groups, especially in
6.5.1.1 The current stocking densities agreed by the pens, should be stocked at a high enough
International Air Transport Association (IATA) must density to prevent injuries at take-off, during
be minimally adhered to. However, the graphs giving turbulence and at landing, but not to the extent
the space requirements should be extended to take into that individual animals cannot lie down and
account animals larger and smaller than those dealt rise without risk of injury or crushing; and
with currently,
g) In multi-tiered shipments, it should be
6.5.1.2 When calculating stocking rates, the following recognized that the ventilation and cooling
should be taken into account: capacity of the aircraft is the limiting factor,
especially in narrow bodied aircraft.
a) It is essential that accurate weights of animals
Ventilation capacity varies on each individual
arc obtained in view of the limitations
aircraft and between aircraft of the same
imposed by the load capabilities of the aircraft
model.
and the space required per animal;
b) In narrow bodied aircraft, there is a loss of 6.5.2 Guidelines for Stocking Densities
floor area in the upper tier of two-tier penning The following table gives stocking density guidelines
due to th~ contours of the aircraft; for different domestic species:
c) Space available should be calculated on the
Calculation tables (in kilograms and metres)
Species Weight Density Space/ No. of Animals per Single

Animal Animals Tier Pallet
per / A >
kg kglm2 m2 10m2 224 x 274 cm 224x 318cm
50 220 0.23 43 26 31
Calves
70 246 0.28 36 22 25
300 344 0.84 12 7 8

400 393 1.27 8 5 6
Cattle
500 408 1.47 7 4 5
600 400 I .75 6 3 4
25 147 0.20 50 31 36
Sheep
70 196 0.40 25 15 18
25 172 0.15 67 41 47
Pigs
100 196 0.51 20 12 14
.
22
IS 14904:2007
6.6 Preparation for Air Transport of Livestock c) Containers should be loaded so as to ensure
access can be made to the animals at all times.
6.6.1 Health and Customs Requirements
6.6.4 Preparation of Animals
a) The legal requirements including animal
health, welfare and species conservation, a) Vaccination must be done far enough in
should be ascertained from the country of advance of the departure date to allow for
destination and any in transit countries before immunity to develop.
the animals are assembled or the b) Veterinary certification and serological testing
transportation is arranged. must be arranged several weeks in advance
b) Contact the veterinary authorities in the of livestock shipment.
country of origin regarding veterinary c) Many animals require acclimatization before
certification. they are transported. Animals such as swine
c) Planning of the transportation should take into and wild herbivores must be separated and
account weekends, holidays and airport held in the groups that will occupy containers.
closures. Mixing of such animals immediately before
d) Verify that any proposed intransit stops or or during transport is extremely stressing and
alternates will not jeopardize the importing should be avoided.
or in transit countries health requirements. d) Incompatible animals should be transported
singly.
6.6.2 Environntent
a) Animals are affected by extremes of 6.7 Handling and Forwarding

temperature. This is especially true of high 6.7.1 The very nature of animal consignments calls
temperature when compounded by high for special handling and attention.
humidity. Temperature and humidity should
therefore be taken into consideration when 6.7.2 All consignments must be forwarded promptly,
planning the shipment. handled with extreme care and stowed to obtain
maximum ventilation and comfort for the particular
b) Times of arrival, departure and stopovers
animals involved.
should be planned so that the aircraft lands
during the coolest hours. 6.7.3 Traveling has an unsettling effect on animals
c) At outside temperatures of below 25°C at the and they should be disturbed as little as possible. Most
landing point, the aircraft doors should be animals, particularly domestic pets, prefer to travel in
opened to ensure adequate ventilation. semi-darkness, and to facilitate this containers should
Confirmation should be received from be enclosed, but with adequate holes for ventilation.
government authorities that animal health
6.7.4 Animals should not be stowed near foodstuffs or
legislation does not prevent opening of aircraft
perishables because of contamination of perishables
doors.
and the unsettling effect food odours will have on the
d) When outside temperatures at any landing animals.
point exceed 25”C, prior arrangements should
be made to have an adequate air-conditioning 6.7.5 Care should be taken to ensure that the animals
unit available when the plane lands. are not subjected to extremes in temperature. Most
animals can withstand normal variations in
6.6.3 Facilities aria’Equii)ment temperature, but prolonged exposure to draughts and
a) Specitic arrangements must be made to ensure direct sunlight can be fatal. Animals must not be left
that holding and loading facilities including standing on the tarmac on loading or unloading but
ramps, trucks, and air-conditioning units are should be loaded directly into the aircraft from the
available at departure, all in transit and arrival cargo handling vehicle and vice versa.
airports. This should include identification of 6.7.6 While in air, the animals must not be removed
specific staff who are responsible and the from (heir containers for exercise.
method of contacting them, for example
telephone number and address. 6.7.7 Particular care must be taken to ensure that the
ventilation holes are clear of other cargo to prevent
b) Specific notification must be given to all those
suffocation. Containers should not be unnecessarily
responsible for providing facilities or
tilted or jolted during handling. It is essential that
equipment at the destination and in transit
containers are securely stowed, as any movement can
stops immediately before departure.
stress the animal.
23
IS 14904:2007
6.8 Feed and Water discussed with the airline during the planning stages.
Suitable methods are:
6.8.1 On long journeys, animals must be fed and
watered. Most animals require watering at regular a) Captive bolt stunner, followed by an injection
intervals and normally the supply of water is more of a lethal chemical with the following
important than solid food. conditions:
6.8.2 Airlines should keep a supply of canned andlor i) Operator should be trained to use the
dried pet food at cargo terminals. captive bolt stunner on the species or type
of animal being transported.
6.8.3 Animals should not be removed from containers ii) An expert should determine that the type
for feeding purposes unless they are in an escape-proof of captive bolt pistol is adequate for all
area. the animals being transported.
6.8.4 If, after the journey commences, a delay in iii) Some airlines and countries may prohibit
carriage arises from disrupted services, it is the the carriage of captive bolt pistols.
responsibility y of the office at the point of disruption to iv) User should recognize that the noise
ensure that the animals concerned are properly fed and associated with the captive bolt may
watered and suitable arrangements for custody made. excite other animals.
v) Requirement that the captive bolt pistol
6.9 Tranquilization
is accurately centered may be difficult to
6.9.1 Experience has shown that there is considerable achieve with an excited ‘animal.
risk in sedating animals transported by air. b) Injection of a chemical with the following
Tranquilizers reduce the ability of the animals to conditions:
respond to stress during transportation. In addition, the
i) Various chemicals may be used to sedate,
reaction of various species to tranquilization cannot
immobilize or.kill animals.
always be foreseen. For these reasons, routine
ii) Central nervous system depressants such
tranquilization is not recommended. Tranquilizers
as barbittrrate euthanasia solutions must
should only be used when a specific problem exists,
be injected directly into a vein to be
and should be administered by a veterinarian or by a
effective. This is not normally practical
person who has been instructed in their use. Persons
for anyone but an experienced
using these drugs should understand the full
veterinarian or an especially trained and
implications of the effects of the drug in air transport,
experienced attendant, where the animal
for example certain animals such as horses and
is sufficiently fractious to require
elephants should not go down in containers. Drugs
euthanasia.
should only be administered during the flight with the
knowledge and consent of the captain. iii) Sedatives such as promazine and its
derivatives may make the animal more
6.9.2 It is not necessary to sedate every animal before fractious.
transport by air. The owner should seek veterinary
iv) Immobilizing solutions such as
advice and if sedation is prescribed the sedative should
succinylcholine are not humane.
bc administered no more than 1 h before acceptance
6.10.4 Airlines do not permit the use of firearms which
for carriage.
discharge a free bullet because of the danger to the
6.9.3 In all cases, when tranquilizers are used, a note aircraft.
should be attached to the container stating the generic
name of the drug used, the dose and the time given. 6.11 Destruction of Carcasses
6.11.1 In the event of any animal death on board, the

6.10 Emergency Slaughter
competent authority of the airport of destination should
6.10.1 Emergency slaughter of animals in aircraft be notitied in advance of landing.
should, in general, only occur when the safety of the
6.11.2 Carcasses should be disposed of under the
aircraft, crew or other animals are involved.
supervision of and to the satisfaction of the veterinary
6.10.2 Every aircraft transporting animals should have authority of the country the aircraft is in.
a method of killing the animals with minimum pain
6.11.3 The method of disposal should be based on the
and someone suitably trained in that method.
risk of introducing a controlled disease.
6.10.3 In all cases when horses or other large animals
6.11.4 For carcasses which represent a high risk of
are to be carried, the method of killing should be
introducing disease, the following is recommended:
24
IS 14904:2007
a) Destruction by incineration, rendering or c@] dcs(ined for the carriage of animals should be
burial under the supervision of (he vctcrinwy tl]oroughly cleaned of all foreign matters using
authority; methods acceptable to aircraft management before
b) If removed from the airport site, tr:msportn[ion being loaded.
in a closed, leak-proof container.
6.15.1.2 These parts should be sprayed with a
disinfectant:
6.12 Handling of Food and Waste Material
6.i 2.1 Waste material which contains anything of

a) suitable for the diseases which could be
carried by the animals;
~nimai origin including food, litter, manure, or animal
feed should bc handled, collected and disposed of in a b) that does not cause problems with the aircraft;
manner that ensures it will not be fed to livestock. It and
should bc collected in specified areas, and stored and c) that will not leave a residue hazardous to the
transported in closed, leakproof containers. animals being transported.
6.12.2 Some importing countries legislation may 6.15.1.3 If in doubt, the airline should be consulted on
prohibit or restrict the usc of fray or straw during the the suitability of the disinfectant. A mechanical
transportation period. Unloading of hay, straw, other nebuliz.er should be used to minimize the amount of
animal feed and litter may be restricted or prohibited disinfectant used.
by in transit co!:ltries.
6,15,1,4 Suggested disinfectants currently in use are:
6.13 Disposal of Food Waste Material a) 4 pa-cent sodium carbonate and 0.1 percent
Recommended methods of disposal are: sodium silicate; and
b) 0.2 percent citric acid.
a) Incineration to an ash;
b) Heating at an internal temperature of at least 6.15.1,5 All removable equipment, penning and
of 100”C for 30 rein, then disposal in a land- containers including loading ramps should bc
fill site; and thoroughly cleaned and disinfected in accordance with
the requirements of both the exporting and importing
c) Controlled burial in a landfill site.
countries.
6.14 Radiation 6.1 S.1.6 After disinfection, all equipment to be replaced
Radioactive materials must be separated from live in the aircraft should be washed with clean water to
animals by adistancc of at least 0.5 m forjourncys not remove any traces of disinfectant to avoid any damage
exceeding 24 h, and by a distance of at least 1.() m for to the aircraft structures.
journeys longer than 24 h (reference: Technical 6.15.2 Di.rinsectization
instructions on storage and loading-separation of the
International Civil Aviation Organization). Special care 6.15.2,1 Where disinsectization is required, the country
should be taken with regard to pregnant animals, semen requesting the action should be consulted for
and embryoslova. appropriate procedures.
6.15.2.2 The World Health (1-ganization (WH())

6,15 Disinfection and Disinsectization
Recommendations on the Disinsectization of Aircral”t
6.15.1 Disinfection (WHO Weekly Epidem. Rec., No. 7, 1985) are
recognized as standard.
6.15.1.1 Those parts of the interior of the aircraft
25
IS 14904:2007
ANNEX A
(Clause 4.5.l.7)
VETERINARY CHECKLIST
A-1 Age and general condition need to be noted, Young animals with an unhealed navel are considered
animals that are weak, debilitated and of poor body unfit for transport as are infant animals incapable of
condition may be unfit for the anticipated journey. feeding themselves.
S1 Examination Point Comment

No.
i) Body temperature (evidence of heat Body temperature significantly outside normal range
stress, fever, dehydration) may not be fit to transport
ii) Respiratory system Animals in severe respiratory distress maybe considered
unfit for transport
iii) Circulatory system Where there may be significant risk to heart failure
because of the length/complexi~ of the proposed
journey — consider unfit to transport
iv) Signs of significant swelling or injury Severe wounds, protruding viscera — consider unfit for
transport
Severe swelling associated with chroniclacute pain —
consider unfit for transport
v) Fracture or breaks in the skeletal system Consider unfit for transport
vi) Signs of lameness Animals must be able to bear weight on all four limbs.
(Examine limbs and joints for bony Any form of lameness with associated pain: arthritic
enlargements, swelling or injury) joints, infected foot lesions, Iaminitis, tendon and
ligament injuries — consider unfit for transport
vii) Signs ;f abdominal pain (check for gait Acute, chronic may be considered unfit for transport
or posture of the animal, check for signs Presence of ventral or umbilical hernia; transport likely
of abnormal distension, blear) to aggravate — consider unfit for transport
viii) Pregnancy status of female animal The following are considered unfit to travel:
a) Animals likely to give birth (in the final
trimester),
b) Those who have just given birth, within 48
hours, and
c) Animals with calving injuries, prolapsed
vaginal or uterus
ix) Examine udder and teats, check for signs Severe open wound, acute pain, infection, high fever,
of swelling, injury abnormality mastitis ~ consider unfit for t&nsport
x) Examine eyes for blindness Totally blind animals are considered unfit to be
trans~orted
NOTE — Prevention of Cruelty to Animals (Transportation of Animals on Foot) Rules, 2001, FirstSchedule.
26
ANNEX B
(Clause 4.8.2.8)
HANDLING OF SICK OR INJURED ANIMALS AT ASSEMBLY CENTRE
Can the animal walk unaided off the vehicle?
‘\
Q Yes
Move to isolation area

v
Can the animal be moved manually or with a
for examination and board, sled or mat to the isolation area
treatment by vet without causing further suffering?
I I
I +
I
No
+
Can it be moved onto the
unloading bay without
causing further suffering?
Move onto the unloading bay. Can it be left on the vehicle?

Inform the vet immediately.
/ I
I
Transport to the nearest available
slaughter house for immediate
slaughter.
IS 14904:2007
ANNEX C
(Clause 4.8.2.9)
HANDLING OF SICK OR INJURED ANIMALS AT THE SLAUGHTER HOUSE
Can the animal walk unaided off the vehicle?
Move to isolation pen Can the animal be moved off the vehicle
manually or with a board, sled or mat
without causing further suffering?
.
Can it be moved to the

isolation pen without
causing further suffering? ‘
I
No
I‘ /
Consider emergency slaughter on the vehicle:

● Animal should be inspected by the vet
● The carcase should be dressed without delay
● Need mat, sled or board to move the carcase
● Vehicle will need to be cleaned down after
animal is slaughtered
IS 14904:2007
ANNEX D
(Clause 4.12.9)
SPACE ALLOWANCES FOR ROAD AND RAIL TRANSPORT OF LIVESTOCK
D-1 Space allowance for animals shall minimally also on their physical condition, the meteorological
conditions and the likely journey time.
comply with the following figures.
b) Transport by road
D-1.l Horses
Adult horses 1.75 m’ (0.7 x 2.5 m)
a) Transport by rail
Young horses (6-24 1.2 m’ (0.6 x 2 m)
Adult horses 1.75 m’ (0.7 x 2.5 ml) months)
Young horses (6-24 1.2 m’ (0.6 x 2 m)
Ponies (under 144 cm 1 m’ (0.6 x 1.8 m)
months)
at the whither)
Ponies (under 144 cm I 1 m’ (0.6 x 1.8 m)
Foals O-6 months 1.4m2(l X 1.4m)
F Stall orientation WIIIbe detennmed by the useable width

of the wagon. During long journeys foals and young
horses should be able to lie down.
NOTE — These figures may vary by a maximum of

10 percent for adult horses and ponies and by a
NOTES
1 During long journeys foals and young horses should
be able to lie down.
2 These figures may vary by a maximum of 10 percent
for adult horses and ponies and by a maximum of 20
percent for young horses and foals, depending not only
on the horses’ weight and size but also on their physical
maximum of 20 percent for young horses and foals, condition, the meteorological conditions and the likely
depending not only on the horses’ weight and size but journey time.
D-1.2 Cattle
a) Transport by road or rail space allowance
Class Weight Mean Cattle Space Required Space Required

kg Dimensions m2 m2
kg
Width x Length Unhomed Homed
up to 50 0.27 X 1 0.28 0.28
Calves
50-100 0.46 x 1.32 0.56 I 0.56 I
100-200 0.46 X 1.33 0.62 0.73
Cattle /Buffaloes 200-300 0.56 X 1.52 0.86 0.96
(Young/Adult) 300-400 0.64 x 1.65 1.06 1.20
More than 400 >1.27 to 1.73 >1.59t(r2
NOTE — These figures may vary depending on the animals’ weight and size but also on their physical condition, the
meteorological conditions and the likely journey time. The space allowance should be increased by at least 10 percent
during hot, humid conditions.
b) Number of cattle permitted for commonly rows, less cattle can comfortably fit into vehicles than
sized road vehicles mathematically permitted by space allowance.
Therefore, the following chart should be used:
Because cattle must be placed onto vehicles in orderly
IS 14904:2007
r
Vehicle Floor Weight Weight of Weight of Cattle Weight of Cattle Weight of Cattle Weight of Cattle
Size Area 9f Cattle Cattle S1 101 kg to 200 kg 20[ kg to .?00 kg 301 kg to 400 kg more th~ 400 kg
Length x m2 of Upto 50 kg to 100
0.73 m2 0.86 mz ().96 m2 1.06 m2 1.20 m2 ~1 .27 >].59
Width the kg (0.28 kg (O.56 ‘“;n~’
m2/ m2 / Horned Un- Horned Un- Horned Upto upto
Vehicle
m horned horned horned 1.73 m2 2.00 m2
Animal) Animal)
url- Homed
I
s
homed
3
6.9 x 2.4 16.56 58 28 26 22 18 16 14 12 12 10
5.6 x 2.3 12.88 46 22 20 14 12 12 10 10 8
4.16x 1.9 7.904 28 14 12 10 8 8 6 6 6 4
2.9 x 1.89 5.481 18 8 8 6 6 4 4 4 4 2

=
NOTE — In case of duble-decker, the number of cattle may be doubled
D-1.3 Sheep and Goats
a) Transport by road or rail space allowance
—
Class Weight Mean Woollen Svace Reauired Space Required
kg Sheep/Goat ‘ mz’ m’
Dimensions
m I
Width x Length Woolen Shorn

upto15 0.24 X 0.6 0.15 0.15
Lambs
16-20 0.25 X 0.7 0.17 0.16
21-25 0.26 X0.74 0.18 0.16
26-30 — 0.22 0.20
Sheep/Goat —
31-40 0.25 0.24
(Adult)
41-55 0.35 x 0.91 0.30 0.28
More than 55 . >().40 >.40
NOTE — These figures may vary depending on the animals’ breed, weight, size and length of fleece, mesence or
absence of horns as well as their physical condition, the meteorological conditions and the likely. .iournev. time. The
space allowance should be increased by at least 10 percent during hot, humid conditions.
b) Number of sheep/goat permitted for commonly sized road vehicles

The following chart may be used as a guide when transporting sheep/goat:
P’chicle Size Floor Weight Weight of Weight of Weight of Weight of Weight of Weight of
Length x Area of Sheep and Sheep and Sheep and Sheep and Sheep and Sheep
Width m2 Sheep Goat 16 kg to Goat 21 kg to Goat 26 kg to Goat 31 kg to Goat 41 kg to and Goat
of the and 20 kg 25 kg 30 kg 40 kg 55 kg more than
m
Vehicle Goat 5.5 kg
Upto 15 (0.40 m2/
TT
kg 0.17m2 0.16 0.18m2 0.16 0.22 m2 0.20 0.25 mz 0.24 0.3 m2 0.28 Animal)
Woollen n+ Woollen m2 Woollen m2 Woollen m2 Voollen mz
(0,15
m2/ Shorn Shorn Shorr Shorn Shorn
AnimaQ
$ T
6,5 x 2.5 16.25 108 94 100 90 100 72 80 64 66 54 58 40
5.6 x 2.35 13.16 86 76 82 72 82 58 64 52 54 42 46 32
5.15x2.18 11,227 74 66 70 62 70 50 56 44 46 36 40 28
3.03 x 2.18 5.605 44 38 40 36 40 30 32 26 26 22 22 16
2.9 x 2 5.8 38 34 36 32 36 26 28 22 24 18 20 14
3.2 x 2.35 7.52 50 44 46 + 40 46 34 36 30 30 24 26 18
2.4 x 1.2 ?.88 18 16 18 16 I 18 12 14 10 12 8 10 6

+ =
NOTE — In case of duble-decker, these numbers may be doubled
30
IS 14904:2007
ANNEX E
(Foreword)
COMMITTEE COMPOSITION
Livestock Feeds, Equipments and System Sectional Committee, FAD 5
Organization Representative(s)
Ministry of Agriculture, New Delhi DR V. K, TANFJA (Chairman)
Air India, New Delhi SHRI M. KHOSLA
SHIU D. J. CHIWR (Ahernure)
Anand Agricultural University, Anand DR SUUHASH PARNEXKAR
D~ R. S. Gurm (Ahemare)
Animal Welfare Board, Chennai S1.~Rlll’ARY
Bhartiya Agro-hrdustries Foundation, Ahmedabad SHIU D. V. RAN~NI;KA~

SHRI RAMHSH RAWAI. (Alternate)
Brindavan Phosphates Pvt Ltd, Bangalore Swu SAOANAND MANUHYAN

SHKI A. PAKIHASARAIHY (Alternate)
Central Avian Research Institute, Izatnagar DR T. S. JOURI

DR A. K. %wmsmv (Alternate)
Central Dmg Research Institute, Lucknow SHIU P. Y. GURU
Central Institute for Research on Buffaloes, Hissar DR T. R. CHAUHAN

Dir B. S. PONIA (Ahernafe)
Cenrral Sheep and Wool Research Institute, Dist Tonk DR R. C. JAKHMOLA

DR S. A. KARIM (Alternate)
Confederation of Indian Industry, New Delhi SHRI D. S. CHA~HA
Consumer Unity and Trust Society, Jaipur HEAII
CREAT, Bangalore DIRECTOR
Directorate General Remount Veterimwy Services, New Delhi ADUIT’IONALDIRICTOR GENERAL (RVS)
JoINr DIRECTOR (TECHNICAL) (Alternate)
Directorate of Animal Husbandry, Government of Gujarat, D~ R. B. SHUKHI.A

Gandhi Nagar DR M. B. SIMARIA (Alternate)
Directorate of Animal Husbandry, Government of Haryana, DR K, S. DANGI
Chandigarh DR O. P. YAOAV (Ahernare)
Godrcj Agrovet Ltd, Mumbai DK S. L. ANAOKAI?
SHRI P. N. NAKKHEOE (Alternate)
Hi-Bred (India) Pvt Ltd, Karnal SHKI Gum}> SIN(iH

SHKI MAKSUO ALAM KHAN (A[ternate)
Indian Airlines, New Delhi SHRI DINKSH KUMAR
Ms MAISHULIKA BAnA1. (Al?erna?e)
Indian Council of Agricultural Research, New Delhi DR O. P. DHANOA
DK RANJAN GUFTA (A[rerrrate)
Indian Veterinary Research Institute, Izatnagar D~ USHA RANI MEHRA
DR R. C. KXrrIYAR (Alrerna?e)
Mehsana District Co-operative Milk Producers Union Ltd, Mehsana MANAGING DIKI:CTOR
SHRI M. B. JANI (Alrernate)
Ministry of Railways, New Delhi Ex~curJvt; DIRIXTIOR, TRAF+JC AND TRANSPOM
Ministry of Environment and Forests (Animal Welfare Division), Jo[ivr SECRETARY

New Delhi Dmu ry SECRUTARY(Alrernate)
National Dairy Development Board, Anand DR R. KASIRAJ

DR M. R. GAR~ (Alternate)
National Dairy Research Institute, Karnal DR K. K. SINGHAL

DR A. K. TYA~I (Alternate)
Nav Mahrrrashtra Chakan Oil Mills Ltd, Pune Dir M. B. KUMIIHAR
DR C. B. P+wwm (Alternate)
31
IS 14904:2007
Organization Representative(s)
People of Ethical Treatment of Animals, PETA, Mumbai Ms ANU~ADHA SAWHNEY

SHRI N. G. JAYASIMHA(Ahernate)
Punjab Agricultural University, Ludhiana DR B. K. GUITA

PROF & HEAD (Alternate)
Punjab State Cooperative Milk Producers’ Federation Ltd, DR VIKAS PRATAP
Chandigarh SHRI A. K. DHAWAN (Alternate)
Tamil Nadu University of Veterinary & Animal Sciences, DR V. BALAKRISHNAN

Chennai DR M. MURUGAN (Akerrra?e)
The All India Sheep and Goat Breeders and Dealers SHRI M. A. QURESHI
Association (Regal), Mumbai PRFSIDENT (Alternate)
The Compound Livestock Feed Manufacture Association of D~ P. G, PHA1.KE
India, Mumbai DR S. S. CHABRA (Alternate)
BIS Directorate General Ms MASJHULIKA PRAKASH, Scientist and Head (FAD)
[Representing Director General (Ex-oficio)]
Member Secretary
SHRI VIJAY KUMAR SINGH
Assistant Director, (FAD), BIS
32
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harmonious development of the activities of standardization, marking and quality certification of goods
and attending to connected matters in the country.
Copyright
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implementing the standard, of necessary details, such as symbols and sizes, type or grade designations.
Enquiries relating to copyright be addressed to the Director (Publications), BIS.
Review of Indian Standards
Amendments are issued to standards as the need arises on the basis of comments. Standards are also reviewed
periodically; a standard along with amendments is reaffirmed when such review indicates that no changes are
needed; if the review indicates that changes are needed, it is taken up for revision. Users of Indian Standards
should ascertain that they are in possession of the latest amendments or edition by referring to the latest issue of
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This Indian Standard has been developed from Doc : No. FAD 5 (1661).
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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,
W.P.(C.) No.2045/2022 Page 1 of 10

Digitaaly Signed
By:BHUPINDER SINGH
ROHELLA
Signing Date:03.09.2022
13:52:48
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
W.P.(C.) No.2045/2022 Page 2 of 10

Digitaaly Signed
By:BHUPINDER SINGH
ROHELLA
13:52:48
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.”
W.P.(C.) No.2045/2022 Page 3 of 10

Digitaaly Signed
By:BHUPINDER SINGH
ROHELLA
13:52:48
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
W.P.(C.) No.2045/2022 Page 4 of 10

Digitaaly Signed
By:BHUPINDER SINGH
ROHELLA
13:52:48
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
W.P.(C.) No.2045/2022 Page 5 of 10

Digitaaly Signed
By:BHUPINDER SINGH
ROHELLA
13:52:48
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.
W.P.(C.) No.2045/2022 Page 6 of 10

Digitaaly Signed
By:BHUPINDER SINGH
ROHELLA
13:52:48
(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.
W.P.(C.) No.2045/2022 Page 7 of 10

Digitaaly Signed
By:BHUPINDER SINGH
ROHELLA
13:52:48
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.
W.P.(C.) No.2045/2022 Page 8 of 10

Digitaaly Signed
By:BHUPINDER SINGH
ROHELLA
13:52:48
(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.
W.P.(C.) No.2045/2022 Page 9 of 10

Digitaaly Signed
By:BHUPINDER SINGH
ROHELLA
13:52:48
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
W.P.(C.) No.2045/2022 Page 10 of 10

Digitaaly Signed
By:BHUPINDER SINGH
ROHELLA
13:52:48
$~69
+ W.P.(C) 2045/2022
SCOUTS AND GUIDES FOR ANIMALS AND BIRDS
..... Petitioner
Through:
versus

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 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)

Digitally Signed W.P.(C) 2045/2022 Page 1 of 3
By:RAHUL SINGH
19:21:42
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.

By:RAHUL SINGH
19:21:42
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

By:RAHUL SINGH
19:21:42
$~119.
+ W.P.(C) 2045/2022
SCOUTS AND GUIDES FOR ANIMALS AND BIRDS..... Petitioner
Through: Mr. Sahil Kakkar, Advocate.
versus

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 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
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.
The Order is downloaded from the DHC Server on 13/10/2023 at 20:05:15
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.
The Order is downloaded from the DHC Server on 13/10/2023 at 20:05:15

Animal Transportation in Delhi Without Special Vehicle As Goods: Restoration of 5 Freedoms

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* IN THE HIGH COURT OF DELHI AT NEW DELHI

UNION OF INDIA & ORS. ..... Respondent

GITA MITTAL, ACTING CHIEF JUSTICE

W.P.(C) No.2316/2017 Page 1 of 5

b) Writ, order or direction in the nature of

c) Writ, order or direction in the nature of

W.P.(C) No.2316/2017 Page 2 of 5

e) Pass such other order or orders as this Hon’ble

4. It cannot be denied that the issues flagged by the writ

W.P.(C) No.2316/2017 Page 3 of 5

W.P.(C) No.2316/2017 Page 4 of 5

ACTING CHIEF JUSTICE

W.P.(C) No.2316/2017 Page 5 of 5

IN THE SUPREME COURT OF INDIA

CIVIL ORIGINAL JURISDICTION

WRIT PETITION (C) No.309 of 2003

Laxmi Narain Modi …. Petitioner

Union of India and others …. Respondents

1. We have passed a detailed order on 9.7.2013 expressing the

apprehension as to whether the Committees constituted, following our

earlier order dated 23.8.2012, are effectively functioning and

whether proper steps are being taken for proper implementation of

the provisions of the various legislations which have been passed,

with regard to the transportation of animals, maintaining of

slaughter houses, effluent and solid waste disposal etc.

Governments/Union Territories to file their action taken reports

reports detailing the functioning of the Committees constituted. We

and proper functioning of the State Committees for overseeing the

the MoEF, on 27.8.2013, filed a compliance report enclosing the

broad framework to be followed by the State Committees for effective

supervision of the slaughter houses and also with regard to the

transportation of animals, loading and unloading, effluent disposal,

solid waste disposal and also with regard to the periodical

inspection of slaughter houses by the respective State Animal

3. We reiterate the importance of proper implementation of the

provisions of the Prevention of Cruelty to Animals (Establishment

and Registration of Societies for Prevention of Cruelty to Animals)

(Management and Handling) Rules, 2000 and the Prevention of Cruelty

to Animals (Slaughter House) Rules, 2000. Over and above, it is

Animal Welfare Boards, Pollution Control Board etc. should

scrupulously follow the guidelines issued by the MoEF, in obedience

to the direction given by this Court on 10.10.2012. The guidelines

are extracted hereinbelow for easy reference:

“GUIDELINES FOR TRANSPORTATION OF ANIMALS AND SLAUGHTER HOUSES

RESPONSIBILITIES OF ANIMAL HUSBANDRY DEPARTMENT

Any livestock which are procured from the market are to be

In addition to the above health certificate a certificate has to

DOCUMENTATION BY DIFFERENT AUTHORITIES

It should be ensured that each consignment shall bear a label

The consignor shall be informed about the train or vehicle in

The consignment of cattle shall be booked by the next train or

GUIDELINES TO BE FOLLOWED BY THE AUTHORITIES FOR TRANSPORTATION

The average space provided per cattle in Railway wagon or vehicle

Suitable rope and platforms should be used for loading cattle

In case of railway wagon the dropped door of the wagon may be

Sufficient feed and fodder with adequate reserve shall be carried

Adequate ventilation shall be ensured.

Emergency / first-aid equipment is carried.

There should be sufficient bedding on the floor of the vehicle.

Vehicle breast bars should be properly placed.

Vehicles are maintained so as not to cause injury, pain or

Vehicle is clearly identified as an animal carrier.