- (1.) REVIEW PETITION (CIVIL) NO. 3769 OF 2016 IN CIVIL APPEAL NO. 5387 OF 2014 Ordinarily, the review petitions are circulated and upon appreciation of the grounds raised therein, they are either dismissed or listed for hearing in the open Court. The present review petition, regard being had to the grounds expounded and the lis in question, has been listed for hearing in open Court to test the defensibility of the arguments propounded on behalf of the State of Tamil Nadu. Be it noted, Dr. Abhishek Manu Singhvi, learned senior counsel, at the commencement of hearing, submitted that he has instructions to appear on behalf of the Animal Welfare Board and oppose the prayers sought in the application for review singularly on the ground that this Court while dealing with an application for review does not exercise appellate jurisdiction. Structuring the said edifice he would submit that each of the grounds that finds place in the application for review may be a justifiable ground to be raised in appeal, but is absolutely unwarranted to be entertained for the purpose of exercising review jurisdiction.
(2.) For adjudication of the review petition, certain facts need to be stated. On 11th July, 2011, the Ministry of Environment and Forests issued a Notification in exercise of powers conferred by Section 22 of the Prevention of Cruelty to Animals Act, 1960 (for brevity, 'the PCA Act') in supersession of the Notification of the Government of India in the erstwhile Ministry of Social Justice and Empowerment No.G.S.R.619(E) dated 14-10-1998. The relevant part of the Notification is extracted hereunder:- "except as respects things done or omitted to be done before such supersession, the Central Government, hereby specifies that the following animals shall not be exhibited or trained as performing animals, with effect from the date of publication of this notification, namely:- 1. Bears 2. Monkeys 3. Tigers 4. Panthers 5. Lions 6. Bulls"
(3.) The said Notification could not have been allowed to be suffered in silence. The said Notification was challenged in the High Court of Bombay which upheld the validity of the Notification. In the meantime, it is necessary to note that the constitutional validity of the Tamil Nadu Regulation of Jallikattu Act, 2009 (for brevity, 'the 2009 Act') was called in question before the High Court of Madras, which upheld the same. The judgments from the High Courts of Bombay and Madras were assailed before this Court by various parties and this Court dwelled upon the controversy in Animal Welfare Board of India v. A. Nagaraja and Others, 2015(7) R.C.R.(Civil) 1 : (2014) 7 SCC 547. It is apt to mention here that a Writ Petition under Article 32 of the Constitution of India had also been filed by People for Ethical Treatment of Animals (PETA). All these matters were dealt with by a common judgment wherein this Court after adverting to many aspects recorded its conclusion and issued certain directions which are reproduced below:- "1) We declare that the rights guaranteed to the Bulls under Sections 3 and 11 of PCA Act read with Articles 51A(g) and (h) are cannot be taken away or curtailed, except under Sections 11(3) and 28 of PCA Act. 2) We declare that the five freedoms, referred to earlier be read into Sections 3 and 11 of PCA Act, be protected and safeguarded by the States, Central Government, Union Territories (in short "Governments"), MoEF and AWBI. 3) AWBI and Governments are directed to take appropriate steps to see that the persons-in-charge or care of animals, take reasonable measures to ensure the well-being of animals. 4) AWBI and Governments are directed to take steps to prevent the infliction of unnecessary pain or suffering on the animals, since their rights have been statutorily protected under Sections 3 and 11 of PCA Act. 5) AWBI is also directed to ensure that the provisions of Section 11(1)(m)(ii) scrupulously followed, meaning thereby, that the person-in-charge or care of the animal shall not incite any animal to fight against a human being or another animal. 6) AWBI and the Governments would also see that even in cases where Section 11(3) is involved, the animals be not put to unnecessary pain and suffering and adequate and scientific methods be adopted to achieve the same. 7) AWBI and the Governments should take steps to impart education in relation to human treatment of animals in accordance with Section 9(k) inculcating the spirit of Articles 51A(g) and (h) of the Constitution. 8) Parliament is expected to make proper amendment of the PCA Act to provide an effective deterrent to achieve the object and purpose of the Act and for violation of Section 11, adequate penalties and punishments should be imposed. 9) Parliament, it is expected, would elevate rights of animals to that of constitutional rights, as done by many of the countries around the world, so as to protect their dignity and honour. 10) The Governments would see that if the provisions of the PCA Act and the declarations and the directions issued by this Court are not properly and effectively complied with, disciplinary action be taken against the erring officials so that the purpose and object of PCA Act could be achieved. 11) The TNRJ Act is found repugnant to PCA Act, which is a welfare legislation, hence held constitutionally void, being violative or Article 254(1) of the Constitution of India. 12) AWBI is directed to take effective and speedy steps to implement the provisions of PCA Act in consultation with SPCA and make periodical reports to the Governments and if any violation is noticed, the Governments should take steps to remedy the same, including appropriate follow-up action." ;