Lok Sabha Question No. 90 (UNSTARRED), answered on 2021-02-02
Subject: Confiscation of Animals under PCA Act
Ministry: FISHERIES, ANIMAL HUSBANDRY AND DAIRYING
Asked by: Imtiaz Jaleel Syed, Asaduddin Owaisi

## GOVERNMENT OF INDIA MINISTRY OF FISHERIES, ANIMAL HUSBANDRY AND DAIRYING DEPARTMENT OF ANIMAL HUSBANDRY AND DAIRYING LOK SABHA

UNSTARRED QUESTION NO. 90 TO BE ANSWERED ON 2 nd February, 2021

## CONFISCATION OF ANIMALS UNDER PCA ACT

90. SHRI SYED IMTIAZ JALEEL:

SHRI ASADUDDIN OWAISI:

Will the Minister of FISHERIES, ANIMAL HUSBANDRY AND DAIRYING मात्स्यिकी , पशुपालन और डेिरी मंत्री

be  pleased to state:

- (a) whether Prevention of Cruelty to Animals (PCA) Act do not allow the authorities to confiscate animals from traders during pendency of cases;
- (b)  if  so,  whether  the  Government  has  framed  rules  against  the  PCA  Act  to confiscate animals;
- (c) whether the Supreme Court has directed the Government either to amend the Act or set aside the rules;
- (d)  if  so,  the  steps  being  taken  by  the  Government  on  the  ruling  of  the  Supreme Court; and
- (e) the steps taken or being taken by the Government to ensure that animal traders are not harassed on false ground of cruelty to animals?

## ANSWER

THE MINISTER OF STATE FOR FISHERIES, ANIMAL HUSBANDRY AND DAIRYING (DR. SANJEEV KUMAR BALYAN)

- (a)  No.  Sir.  As  per  provision  of  Section  29  provides  for  the  Power  of  court  to  deprive person convicted of ownership of animal and Section 29(2) states that No order under sub-section29  (1)  shall  be  made  unless  it  is  shown  by  evidence  as  to  a  previous conviction  under  this  Act  or  as  to  the  character  of  the  owner  or  otherwise  as  to  the treatment of the animal that the animal, it left with the owner, is likely to be exposed to further cruelty. The Section 35 of the Prevention of Cruelty to Animals Act, 1960 deal with confiscation of animal both after and during pendency of the case.  Also, Section 34 of the Act has given general power of seizure for examination.

(b) No; Sir. (c)  No.  Sir.  The  Supreme  court  of  India  vide  its  order  dated  4.1.2021  asked  the Union of India to file an affidavit. (d)    The Department of Animal Husbandry and Dairying has filed a Counter Affidavit with in the Apex Court defending the existing rules. The matter is sub judice before the Hon'ble Supreme Court. (e) The PCA, Act, 1960 under section 29 takes extreme care that no ill use of this provision may be taken by filing false complains to harass traders by granting power to the local magistrate to decide in each case by its own discretion to give interim custody  sometimes  of  the  animals  to  local  pinjrapoles  or  Guashala,  when  the accused is not fit to get custody during pendency of the case. As  directed  by  the    Hon'ble  Supreme  Court in  the  matter  of  State  of  Uttar Pradesh  versus  Mustakeem  (Criminal  Appeal  No.  283-287/2002);  Pinjrapole Deudar versus Chakram Moraji Nat (1998) 6 SCC 520; M.P. versus Islam (2007) 15 SCC 588), the Local magistrate shall keep in mind the certain actors such as the condition in which the animal was found at the time of inspection and seizure; and possibility  of  the  animal  being  again  subjected  to  cruelty;  is  relevant  factor  while deciding the interim custody application of the accused owner.

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