Centre’s new notification on aquarium challenged

The first bench comprising Chief Justice Indira Banerjee and Justice M Sundar who admitted the plea posted it for further hearing to August 22. The plea contended that while the Prevention of Cruelty to Animals Act provides for rule-making powers to carry out its primary mandate against animal cruelty, the rules made under it interfere with the trade of operating an aquarium. 

Arguing that there is no cruelty involved in the display of ornamental fish in aquariums, the petitioner’s counsel argued that the rules are unscientific, impractical and unworkable given the current realities. 

Fish constitute a separate scientific class distinguishable from animals and birds. Therefore, it is unscientific to treat them on a par with other animals regarding rules pertaining to confining, caging, transport, breeding and feeding them, the plea said. 

Moreover, the vague definition of the term ‘aquarium’ in the rules also brings private offices and homes which display ornamental fishes in tanks under the purview of the act. Hence, if such rigorous licensing and registration requirements come into vogue, the aquarium industry will suffer, the plea added. The plea sought the court to declare the impugned rules as arbitrary, unreasonable and unconstitutional.