Delhi High Court seeks Centre, State's response on PIL by Kapil Dev seeking stricter laws against cruelty to animals

The Delhi High Court on Friday issued notice to the Central government, Animal Welfare Board, Delhi government and Delhi Police on a plea filed by legendary Indian cricketer Kapil Dev seeking stricter laws against cruelty to animals..A Division Bench of Chief Justice Satish Chandra Sharma and Justice Sanjeev Narula asked the authorities to file their responses in four weeks.The matter will be heard next on December 19..Kapil Dev, his wife Romi Dev and animal rights activist Anjali Gopalan moved the Court via a filed a public interest litigation (PIL) petition against provisions of the Prevention of Cruelty to Animals Act that allow ‘destruction’ of stray dogs in lethal chambers and 'extermination/ destruction of any animal under the authority of any law.The petitioners contended that Sections 11(1), 11(3) (b) and 11(3) (c) of the Prevention of Cruelty to Animals Act and Sections 428 (Mischief by killing or maiming animal of the value of ten rupees) and 429 (mischief by killing or maiming cattle, etc., of any value or any animal of the value of fifty rupees) of the Indian Penal Code (IPC) are unconstitutional.Section 11 provides that a person who treats animals with cruelty shall be fined. The fine ranges from ₹10 to ₹50 for the first offence and for the subsequent offences from ₹25 to ₹100 or imprisonment for a term of three months or both.It was argued that the provision does not have any deterrent effect and is manifestly arbitrary since it trivialises life of animals and is inadequate to deal with the gravity of brutality, torture and crime committed against animals within the country..With regard to the provision of the IPC, the plea argued that these provisions create an unreasonable classification between two sets of offences dealing with mischief by killing or maiming animals, on the basis of the commercial value of the animal.“Wherein for the grave offence of killing or maiming an animal of the value of ten rupees, imprisonment of a term which may extend to two years or with fine or both is provided, whilst for the same offence of mischief by killing or maiming cattle of any value or animal of the value of Rs. 50, the imprisonment extends to a term of 5 years or with fine or both. Therefore, for the same gruesome offence of killing or maiming an animal, the penalty amount is different on the basis of the commercial and utility value of the animal, which is wholly unreasonable and arbitrary,” the plea said. .Senior Advocate Aman Lekhi argued the case. He was assisted by advocates Shraddha Deshmukh, Snehil Sonam and Shikhar Kishore.