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Delhi HC asks for clarification on 'legal enforceability' of guidelines on transportation of camels for R-Day
"As per Section 38 of the Prevention of Cruelty to Animals Act, rules dealing with various aspects have also been enacted from time to time, to fulfil the purposes of the Act but Respondents have failed to carve a niche," the plea read.
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New Delhi
The Delhi High Court on Wednesday has asked to clarify the legal enforceability of the Centre's guidelines for the transportation of the camels/animals while hearing a Public Interest Litigation (PIL) stating guidelines were laid but not complied with by the concerned authorities and alleging illegal transportation of camels during Republic day Parade function.Â
The Division Bench of Justice DN Patel and Justice Jyoti Singh asked the counsel for the Petitioner to clarify whether the guidelines issued by the government under its circular regarding the size and structure of camel vans are mandatory to be followed under any statute or law or it is simply an advisory.Â
The court renotified the matter for February 28 for further hearing. "Are these said guidelines binding under any Act or having legal enforceability or is it just issued by a superior officer for concerned staff/department," the court asked the Petitioner counsel.
The petitioner, Scouts and Guides for animals and birds, a registered trust claims that it has got appreciation award with respect to saving lives of animals stated that 100 camels are being brought to Delhi from Rajasthan every year in goods transport vehicles, violating Section 3 and 11 of the Prevention of Cruelty to Animals Act 1960 along with other relevant acts.Â
Petitioner Trust, through Advocate Ankur Bhasin, alleged that the inaction of the Respondents who have deplorably failed in taking any steps in connection with illegal transportation of camels into the State for the event of Republic Day.Â
Due to this "tradition" every year invariably, camels are illegally transported from Rajasthan and brought into the State of Government of National Capital Territory of Delhi (Amendment) Act (GNCTD) of Delhi.Â
The Petitioner sought that the court takes Suo-moto cognizance of the alleged illegal transportation of camels in gross violation of the rules as laid down by the Union of India.Â
"As per Section 38 of the Prevention of Cruelty to Animals Act, rules dealing with various aspects have also been enacted from time to time, to fulfil the purposes of the Act but Respondents have failed to carve a niche," the plea read.
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