HC permits FIAPO, PETA to be part of AWBI’s survey of circuses to examine animals condition

The Delhi High Court Thursday permitted two animal welfare organisations to be a part of the physical survey conducted by the Animal Welfare Board of India (AWBI) to examine the condition of animals in all the circuses in the country and provide food and medicines to those who are ill.

The Delhi High Court Thursday permitted two animal welfare organisations to be a part of the physical survey conducted by the Animal Welfare Board of India (AWBI) to examine the condition of animals in all the circuses in the country and provide food and medicines to those who are ill. The high court said the representatives of Federation of Indian Animals Protection (FIAPO), which is a collection of 100 organisations, working towards the protection of animal rights for over a decade, and People for Ethical Treatment of Animals (PETA) are entitled to be part of the survey.

A bench of Justices Vipin Sanghi and Rajnish Bhatnagar said if during the survey, it is found by the board that any animal is ill or malnutrition, it is open for the two organisations and government authorities to provide medicines, food and nourishment to the animals at the site of the circus itself. The high court asked the board to file its report after conducting the physical survey.

While hearing two petitions by FIAPO and PETA, the high court also asked the officials of the circuses to cooperate in the survey process. FIAPO has challenged 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.

It has contended in the plea 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 and added 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.

PETA India, in its plea, has claimed that due to the COVID-19 outbreak and resultant lockdown, circuses are finding it difficult to feed the animals who are at various stages of starvation. The petition has sought a direction to the Centre to immediately notify the Performing Animals (Registration) Amendment Rules of 2018 which expressly prohibit training and exhibition of performing animals in circuses and "mobile entertainment facilities". The high court had earlier sought responses of the Centre, AWBI and circuses on the pleas.

As the high court was informed that the Centre has not filed its reply, it directed the authorities to do it within three weeks and listed the matter for further hearing on September 29. During the hearing, advocate Aman Hingorani, representing PETA, said they were seeking an urgent relief that they be allowed to visit circuses and provide them food and medicines at their expense.

However, advocate Kartik Jayashankar, appearing for Great Bombay Circus and Jumbo Circus, claimed that they were keeping the animals properly as they are like their babies and it can be seen in the photographs that none of them was starving. “The officials of these organisations come with a preconceived notion and there is an atmosphere of hostility when they come. They come and take away the animals on the pretext that they require private care and treatment. We have our own veterinarians who treat the animals in the circus itself,” he said.

He further said the circus officials will cooperate in the inspection and it should be done by the statutory body in their presence. Hingorani submitted they will not take away any animal and will take care of them in circus premises itself.

Senior advocate Dayan Krishnan, representing FIAPO, said representatives of both the organisations be also allowed to participate in the survey. The high court had earlier directed 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.

It had said the board in its report 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. Earlier, the board had filed an affidavit in compliance of the high court’s July 21 order and said 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 had said, adding that out of 19 registered circuses, seven have filed reports. However, the high court was not satisfied with the affidavit and had 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.