Case Note & Summary
This Public Interest Litigation (PIL) was filed before the High Court of Judicature at Bombay by Animals and Birds Charitable Trust and others, highlighting the alleged cruelty to horses and ponies used for victorias and horse carriages in Mumbai. The petitioners contended that the victorias were used solely for joyrides and not as public conveyance, and that the horses suffered due to unhygienic stables, overwork, and lack of proper care, in violation of the Prevention of Cruelty to Animals Act, 1960 (PCA Act) and various rules framed thereunder. The petition also invoked Article 51A(g) of the Constitution, which imposes a fundamental duty to have compassion for living creatures. The relief sought included a writ of mandamus to phase out and eventually prohibit the use of horses for carriages and joyrides, and in the alternative, directions for strict enforcement of licensing provisions under the Mumbai Municipal Corporation Act, 1888 (Sections 394, 471) and the Bombay Public Conveyance Act, 1920, as well as compliance with the Draught and Pack Animals Rules, 1965, and other animal welfare rules. The petitioners provided photographic evidence of cramped and unhygienic stables at Nariman Point and Peela House, where horses stood in their own dung, and alleged that the dung posed a risk of tetanus. A survey indicated that 87% of horses in three stables suffered from ailments. It was pointed out that no new victoria licenses had been issued since 1973, and that many carriages plied without valid licenses. The respondents included the Municipal Corporation of Greater Mumbai, Mumbai Traffic Police, State of Maharashtra, Bombay Society for Prevention of Cruelty to Animals, and Animal Welfare Board of India. Affidavits filed by the police acknowledged that the number of victorias had declined from about 800 in 1973 to 130, and that area and time restrictions had been imposed. The Municipal Corporation stated that none of the ten horse stables in the city held a valid license under Section 394 of the Municipal Corporation Act, and prosecutions had been initiated against some. Intervenors People for Ethical Treatment of Animals (India) and People for Animals were allowed to support the petitioners. The eighth respondent, a proposed society of licensed carriage owners, sought an interim order regarding license renewals. The court heard detailed submissions on 16 February 2015 and reserved judgment. The provided text does not include the court's final analysis, reasoning, or operative directions.
Issue of Consideration
Whether the continued use of horses and ponies for victorias and joyrides in Mumbai violates Article 51A(g) of the Constitution and provisions of the Prevention of Cruelty to Animals Act, 1960, and whether a writ of mandamus should be issued to phase out and prohibit such use, along with enforcement of licensing and animal welfare regulations.
Law Points
- interpretation of Article 51A(g) of Constitution of India
- enforcement of Prevention of Cruelty to Animals Act 1960
- licensing requirements under Mumbai Municipal Corporation Act 1888 and Bombay Public Conveyance Act 1920
- judicial mandamus to enforce statutory duties
- animal welfare in public conveyances
Case Details
2015 LawText (BOM) (06) 89
Public Interest Litigation No. 36 of 2011 with Notice of Motion (L) No. 160 of 2013 with Chamber Summons No. 109 of 2012
Feroz J. Bharucha, Mayur Bhojwani, Hasan Farooqui, Birendra Saraf, K.R. Punjabi, Milind More, Gulana A. Mistry, Monil Punjabi, P.I. Ramchandanani, Rajiv Singh, Yuvraj K. Singh, Manini Bharati, Vividh S. Tandon, J.P. Sen, Mihir Mody, Rushin Kapadia, Shiraz Rustomjee, Shreya Parikh
Animals and Birds Charitable Trust and Others
Municipal Corporation of Greater Mumbai and Others
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Nature of Litigation
Public Interest Litigation seeking to address cruelty to horses and ponies used for victorias/joyrides in Mumbai and to enforce animal welfare laws.
Remedy Sought
Petitioners sought a writ of mandamus to phase out and eventually prohibit the use of horses and ponies for carriages and joyrides in Mumbai; alternatively, directions to enforce licensing provisions under the Mumbai Municipal Corporation Act, 1888 and the Bombay Public Conveyance Act, 1920, and to ensure compliance with the Prevention of Cruelty to Animals Act, 1960 and related rules.
Filing Reason
Alleged widespread cruelty to horses, unhygienic and illegal stables, lack of valid licences, violation of constitutional and statutory duties, and public safety concerns.
Issues
Whether the continued use of horses for victorias and joyrides violates Article 51A(g) of the Constitution and the Prevention of Cruelty to Animals Act, 1960.
Whether a writ of mandamus should be issued to phase out and prohibit use of horses for carriages and joyrides.
Whether the Municipal Corporation and police are failing to enforce licensing provisions under the Mumbai Municipal Corporation Act and Bombay Public Conveyance Act.
Whether the living conditions of horses and ponies in stables and their treatment amount to cruelty under the Prevention of Cruelty to Animals Act, 1960.
Whether non-compliance with the Prevention of Cruelty to Draught and Pack Animals Rules, 1965 and other animal welfare rules warrants judicial intervention.
Submissions/Arguments
Petitioners submitted that victorias/horse carriages are used only for joyrides, not public conveyance, and that horses suffer due to overwork, cramped stables, lack of proper shelter, and various ailments; 87% of horses in surveyed stables were found to have abnormalities.
Petitioners argued that no new victoria licenses have been issued since 1973, many carriages ply without licenses, and stables operate without valid licenses under Section 394 of the Mumbai Municipal Corporation Act, 1888, in violation of the law.
Petitioners contended that the conditions of stables, with horses standing in dung, pose health risks and violate Section 384 and 471 of the Mumbai Municipal Corporation Act, 1888, and that the Police Commissioner failed to exercise powers under the Bombay Public Conveyance Act, 1920 to suspend unfit horses.
Respondent Police stated that the number of victorias had reduced from about 800 in 1973 to 130, and that area and time restrictions were imposed.
Respondent Municipal Corporation acknowledged that none of the 10 horse stables in the city held a valid license under Section 394 of the Act of 1888, and prosecutions had been initiated against some.
Judgment Excerpts
the victorias/horse carriages are being used in the City of Mumbai only for joyrides and not as a mode of public conveyance.
no new licenses are being issued since 1973 for plying hack victorias in the City and, therefore, number of victorias have gone down to 130 from about 800 in the year 1973.
none of the stables are now possessing any valid license under Section 394 of the said Act of 1888.
the horse stables in the City of Mumbai are very cramped... the horses are consistently standing in their own dung for hours.
Procedural History
Public Interest Litigation No. 36 of 2011 was filed in 2011 by the petitioners. Chamber Summons No. 109 of 2012 and 127 of 2012 were filed by intervenors People for Ethical Treatment of Animals (India) and People for Animals. Notice of Motion (L) No. 160 of 2013 was filed by the eighth respondent. Reply affidavits were filed by various respondents. The court heard submissions on 16 February 2015 and reserved judgment.
Acts & Sections
- Constitution of India: Article 51A(g)
- Mumbai Municipal Corporation Act, 1888: 394, 471, 384
- Bombay Public Conveyance Act, 1920: 8, 35
- Prevention of Cruelty to Animals Act, 1960: 4
- Right to Information Act, 2005:
