Case Note & Summary
The petitioner, Choice Events & Trade Pvt. Ltd., a company incorporated under the Companies Act, 1956, was entrusted with organizing shows of the Russian State Circus Company in India. The circus had been performing in Kolkata and later in Mumbai. Earlier, the Animal Welfare Board of India had filed a writ petition (Writ Petition (Lodging) No.376 of 2005) contending that the circus could not perform without registration under the Performing Animals Rules, 1973. That petition was disposed of on 25th February 2005, with the petitioner's counsel stating that the circus would initially perform without animals. Subsequently, the circus sought to perform with animals, leading to the present petition. The main contesting respondent was the Animal Welfare Board of India, and an intervener, People For Animals (Mumbai), also opposed the petition. The court considered whether the circus could be allowed to perform with animals pending registration. The petitioner argued that the circus had already applied for registration and that refusal would cause irreparable loss. The respondents contended that registration was mandatory and that the circus should not be permitted to perform until it was obtained. The court held that while registration is mandatory, the circus could be allowed to perform subject to compliance with conditions imposed by the Board, including ensuring animal welfare. The court directed the petitioner to apply for registration and permitted performances with animals pending disposal of the application, subject to the Board's conditions. The petition was disposed of accordingly.
Headnote
A) Animal Welfare - Performing Animals - Registration Requirement - Prevention of Cruelty to Animals Act, 1960, Section 22, Performing Animals Rules, 1973 - Circus sought to perform with animals without registration - Court directed circus to apply for registration and permitted performances subject to compliance with conditions imposed by Animal Welfare Board - Held that registration is mandatory but interim relief can be granted to avoid irreparable loss (Paras 1-6).
Issue of Consideration
Whether the Russian State Circus Company can perform shows with animals without registration under the Performing Animals Rules, 1973, and whether interim relief should be granted pending registration.
Final Decision
The court directed the petitioner to apply for registration with the Animal Welfare Board of India and permitted the circus to perform with animals pending disposal of the application, subject to compliance with conditions imposed by the Board to ensure animal welfare. The petition was disposed of.
Law Points
- Prevention of Cruelty to Animals Act
- 1960
- Performing Animals Rules
- 1973
- Registration requirement
- Animal Welfare Board of India
- Interim relief
Case Details
2005 LawText (BOM) (03) 161
Writ Petition (L) No.732 of 2005
H.L. Gokhale, S.C. Dharmadhikari
Mr.T.N. Subramanium i/by M/s.Naraynan & Narayanan for petitioners, Mr.D.A.Dubey for res.No.1, Mr.Mohan Naik, AGP for res.No.2, Mr.K.K.Tated for res.No.3, Ms.Gauri Godse for Intervener-Respondent
Choice Events & Trade Pvt. Ltd.
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Nature of Litigation
Writ petition seeking permission to perform circus shows with animals pending registration under the Performing Animals Rules, 1973.
Remedy Sought
Petitioner sought direction to allow the Russian State Circus to perform with animals without insisting on prior registration.
Filing Reason
The Animal Welfare Board of India opposed the circus performing with animals without registration, and the petitioner sought court intervention to allow performances pending registration.
Previous Decisions
Earlier writ petition (Writ Petition (Lodging) No.376 of 2005) filed by Animal Welfare Board was disposed of on 25th February 2005, with the petitioner undertaking to perform initially without animals.
Issues
Whether the Russian State Circus can perform with animals without registration under the Performing Animals Rules, 1973.
Whether interim relief should be granted to allow performances pending registration.
Submissions/Arguments
Petitioner argued that the circus had applied for registration and that refusal to allow performances would cause irreparable loss.
Respondent (Animal Welfare Board) contended that registration is mandatory and performances should not be allowed until registration is obtained.
Ratio Decidendi
Registration under the Performing Animals Rules, 1973 is mandatory for performing animals, but the court can grant interim relief to avoid irreparable loss, subject to compliance with animal welfare conditions imposed by the Animal Welfare Board.
Judgment Excerpts
Rule. Rule is made returnable forthwith.
The main contesting respondent to this petition is respondent No.3-Animal Welfare Board of India.
We have allowed a registered Trust by name People For Animals (Mumbai) to join in the present petition.
A Troupe of Circus known as the 'Russian State Circus Company' is in India for quite sometime.
Mr.Subramanium, who is appearing for the present petitioners, ... had stated, without prejudice to the submissions, that the Russian Circus was not covered under the Indian Act that the petitioners herein will apply to the Animal Welfare Board for registration.
Now, the Circus wants to perform the shows with the animals.
Procedural History
The Animal Welfare Board of India filed Writ Petition (Lodging) No.376 of 2005, which was disposed of on 25th February 2005 with the petitioner undertaking to perform without animals. Subsequently, the present petitioner filed this writ petition seeking permission to perform with animals. The court heard the matter and passed the order on 17th March 2005.
Acts & Sections
- Prevention of Cruelty to Animals Act, 1960: Section 22
- Performing Animals Rules, 1973:
- Companies Act, 1956:
