Court quashes lower court's order granting interim custody of dogs to owner accused of cruelty, emphasizes need for animal protection and rehabilitation by PETA.
In a landmark judgment, the Karnataka High Court has ruled against granting interim custody of nine dogs to an individual accused of subjecting them to severe cruelty, including physical and sexual abuse. The court's decision came in response to a petition filed by the People for the Ethical Treatment of Animals (PETA) India, challenging the order of the XXXI Additional Chief Judicial Magistrate, Bengaluru, which had directed the release of the dogs back to the accused.
The petition arose after PETA received an oral complaint detailing the severe abuse of six Golden Retrievers and three Shih Tzus by their owner, identified as respondent No. 2. The allegations included brutal beatings with sticks and pipes, leaving the animals injured and in distress, as well as reports of sexual abuse and illegal breeding practices. Acting on this information, PETA lodged a formal complaint with the police, leading to the registration of a case under various sections of the Bharatiya Nyaya Sanhita, 2023, and the Prevention of Cruelty to Animals Act, 1960.
Despite respondent No. 2 voluntarily relinquishing ownership and custody of the dogs to PETA, acknowledging the cruelty inflicted, he later filed for interim custody under the Bharatiya Nagarik Suraksha Sanhita, 2023. The Magistrate's court initially granted this request, prompting PETA to seek redress from the High Court.
In his ruling, Justice M. Nagaprasanna emphasized the importance of animal welfare and the judicial system's duty to protect vulnerable beings from cruelty. He stated that the lower court's order failed to align with the objectives of animal protection laws and demonstrated a lack of judicial sensitivity. The High Court's decision ensures that the dogs will remain under PETA's care for rehabilitation and medical attention, pending the outcome of the ongoing investigation.
This judgment is hailed as a significant step towards upholding the rights and welfare of animals, reinforcing the legal stance that cruelty against animals is unacceptable and must be addressed with the utmost seriousness by the judicial system.
Bottom line:-
Interim custody of animals cannot be granted to an individual accused of cruelty, including physical and sexual abuse, against those animals, especially when the accused has voluntarily relinquished ownership and custody of the animals.
Statutory provision(s): Prevention of Cruelty to Animals Act, 1960 Section 11(1)(a), (e), (f), and (i); Bharatiya Nagarik Suraksha Sanhita, 2023 Sections 497 and 503; Bharatiya Nyaya Sanhita, 2023 Sections 325 and 62.
