Ensure physical survey of condition of circus animals: HC to AWBI

The Delhi High Court on Friday directed the Animal Welfare Board of India (AWBI) to ensure physical survey of all circuses in the country, either by itself or through state animal husbandry departments, to find out in what condition animals are being kept there and are they being fed and do they suffer from any health problems. A bench of Justices Vipin Sanghi and Rajnish Bhatnagar directed that a report be filed within three weeks after carrying out of the survey and it shall include the photographs and video of the animals, the surroundings they are kept in, their health condition as well as the quality and quantity of the food being provided to them.

The bench, which listed the matter for further hearing on September 27, passed the direction after the AWBI filed an affidavit, through central government standing counsel Rajesh Gogna, stating that in compliance of the court''s July 21 order it had issued letters to all the circuses stranded and unable to perform due to COVID-19 outbreak, to give details of all the animals kept by them along with the information whether they would be able to maintain them. The Board in its letter had also informed the circuses that if they were inclined to surrender their animals for rehabilitation, to give the details and numbers of animals which they are surrendering for rehabilitation purposes, the affidavit said.

It also said there are 19 circuses registered under Performing Animal Rules 2001 by the Board and out of them seven have submitted their reports and reply from the remaining 12 was awaited. "Further, out of the seven circuses who have submitted their reply, they all have stated that their animals are fit and well fed and none of them have agreed to surrender their animals for rescue and rehabilitation," AWBI said in its affidavit.

The court, however, was not satisfied by the affidavit and it said that when it ordered a survey of the circuses on July 21, it wanted them to be inspected physically by the AWBI or concerned state authorities and a report be filed on the condition of the animals being kept there. The bench said unless and until a physical inspection is carried out the correct position would not be available.

AWBI also said in its affidavit that on May 22 it had issued letters to the animal husbandry departments of all the states and union territories to identify the stranded circuses across the country which are unable to ensure well-being of their animals or provide them with basic necessities such as food, water and veterinary care.  It said that it had also requested the State Animal Welfare Boards or the State Animal Husbandry Departments to inspect the animals, housing conditions and feeding practices, verify their registration certificate and furnish a comprehensive report to the board about each circus.   The court was hearing a plea stating that the condition of animals in the circuses was vulnerable due to bankruptcy of circuses as a result of the pandemic. The petition was filed by the Federation of Indian Animals Protection (FIAPO), which is a collection of 100 organisations working towards the protection of animal rights for over a decade, challenging the constitutional validity of sections 21 to 27 of the Prevention of Cruelty to Animals Act so far as they permit exhibition and training of animals in relation to circus acts.

FIAPO, in its plea, has contended that circuses with animals performing tricks often use wild animals, including elephants, hippos, and exotic birds. It has said these animals are very often used without requisite paperwork certifying their fitness.

Investigations show animals being chained and tied up for several hours each day, made to perform several shows without proper rest, trained using negative reinforcement with instruments like metal rods, wooden sticks, whips and outdated and barbaric tools like hooks and spiked belts, the plea has said, adding that these are in direct violations of animal protection laws, animal rights and welfare. There is an urgent need to ban animals from circuses initiating their rehabilitation, it has said.

The plea has also claimed that on account of the COVID-19 pandemic, there have been numerous reports of animals being stranded as part of these circuses all over the country and being abandoned by their owners. “This will lead to numerous animals perishing on account of starvation and unsanitary conditions. The intervention of this court is prayed to ensure that this entirely avoidable loss of life is averted. The urgency of this petition cannot be understated,” the petition has said. PTI HMP RKS RKS