Case Note & Summary
The Bombay High Court, in a public interest litigation filed by People for Ethical Treatment of Animals (PETA) and another, considered the grievance that the mandatory provisions of the Performing Animals (Registration) Rules, 2001 were being breached in the depiction of animals in cinematograph films and commercial advertisements. The petitioners sought directions to the Union of India to implement the Rules and to the Censor Board of India to obtain a No Objection Certificate from the Animal Welfare Board before certifying films. The court examined the relevant provisions, including the definitions of 'film' and 'performing animal' under the Rules, which are framed under Section 38 of the Prevention of Cruelty to Animals Act, 1960. The court noted that the Rules have a statutory character and that the expression 'film' includes cinematograph films as defined in the Cinematograph Act, 1952, and 'performing animal' includes animals used for entertainment including films. Rule 3 requires any person desirous of training or exhibiting a performing animal to apply for registration. The court directed the Union of India to ensure implementation of the Rules and the Censor Board to require a No Objection Certificate from the Animal Welfare Board before certifying films for public exhibition.
Headnote
A) Constitutional Law - Fundamental Duties - Article 51-A - Animal Welfare - The court emphasized the fundamental duty to have compassion for living creatures under Article 51-A of the Constitution, which underpins the statutory framework for animal protection. (Para 1) B) Animal Welfare - Performing Animals - Registration - Prevention of Cruelty to Animals Act, 1960, Section 38 - Performing Animals (Registration) Rules, 2001, Rules 2(c), 2(h), 3 - The court examined the definition of 'film' and 'performing animal' under the Rules, noting that 'film' includes cinematograph films as defined in the Cinematograph Act, 1952, and 'performing animal' includes animals used for entertainment including films. Rule 3 requires any person desirous of training or exhibiting a performing animal to apply for registration. (Paras 2-3)
Issue of Consideration
Whether the mandatory provisions of the Performing Animals (Registration) Rules, 2001 are being observed in the depiction of animals in cinematograph films and commercial advertisements, and whether the Censor Board should require a No Objection Certificate from the Animal Welfare Board before certifying films.
Final Decision
The court directed the Union of India to implement the provisions of the Performing Animals (Registration) Rules, 2001 and the Censor Board of India to obtain a No Objection Certificate from the Animal Welfare Board of India certifying compliance with the Rules before certifying films for public exhibition.
Law Points
- Prevention of Cruelty to Animals Act
- 1960
- Performing Animals (Registration) Rules
- 2001
- Article 51-A of the Constitution
- Article 226 of the Constitution
- Cinematograph Act
- 1952
