The Supreme Court recently directed several States and Union Territories to file responses to a petition seeking the establishment of fully functional State Animal Welfare Boards across the country [Gauri Maulekhi v. Union of India & Ors].

A Bench of Chief Justice of India (CJI) Surya Kant and Justice Joymalya Bagchi noted that despite repeated opportunities, a number of States and Union Territories had failed to file their counter-affidavits in the matter.

It thus asked the Chief Secretaries of the States to ensure that responses are filed within four weeks else pay heavy costs.

“Despite sufficient opportunity given, 12 States and 2 Union Territories i.e., Assam, Chhattisgarh, Gujarat, Jammu & Kashmir, Manipur, Meghalaya, Punjab, Sikkim, Tamil Nadu, Tripura, Uttar Pradesh, West Bengal, Dadar and Nagar Haveli and Daman and Diu and Ladakh have not yet filed their counter affidavits. Their Chief Secretaries are directed to ensure that counter affidavits, with advance copy, be filed within four weeks, failing which exemplary costs shall be imposed,” the order noted.

The Court also asked the Union government to place on record an updated status report on the proposed rules governing State Animal Welfare Boards.

The Court was hearing a petition filed by animal rights activist Gauri Maulekhi seeking implementation of statutory mechanisms for animal welfare, including the constitution and functioning of State Animal Welfare Boards under the Prevention of Cruelty to Animals framework.

During the hearing, Senior Advocate Sidharth Luthra, appearing for Maulekhi, submitted that the case had been pending since 2020 but several States and the Union government had yet to respond. He pointed out that earlier directions issued by the Court in 2020 and 2023 had also not resulted in compliance.

This prompted the Court to pass the March 9 order, giving a stern reminder to the States.

The petition before the top court seeks directions to ensure that Animal Welfare Boards are constituted and made functional across all States and Union Territories to regulate animal welfare issues effectively.

It also seeks notification of the Prevention of Cruelty to Animals (State Animal Welfare Board) Rules, 2018, which are intended to provide the statutory framework governing such boards.

According to the petitioner, the draft rules have remained pending with the Union government for several years, resulting in the absence of a uniform regulatory framework for State Animal Welfare Boards.

The case is listed for further hearing on April 20.

[Read Order]