Sabareesh Pillay | School of Law, University of Mumbai Thane Sub-Campus | 3rd September 2020
N. Prakash Vs State Of Kerala
FACTS:
In this case, the petitioner who lives in Cochin, Kerala is a pure vegetarian and does not cook meat in his house wanted to go out and get meat biscuits for his cats during the corona virus pandemic strict lockdown which was imposed in the country. The Meo-persian biscuits are the only biscuits which were given to the cats and they could not do without them. As he was a pure vegetarian and he could not cook any meat as an alternative for his cats, so to feed his cats so he decided to go out during the lockdown to the Cochin Pet Hospital to get the Meo-Persian biscuits. Following the due procedure he applied for the E-Pass, but his E-Pass was declined by the government authorities without citing any reason and as a result he was not able to feed his cat. Upset by the rejection of his E-pass without any relevant reason the petitioner decided to file a writ petition in the High Court of Kerala.
ISSUE:
Whether animal feed and fodder come under essential items in the lockdown and whether cruelty to animals act is applicable if movement for purchasing of animal feed is restricted during lockdown?
PETITIONER CONTENTION:
The petitioner contended that in 1960 the prevention of cruelty to animals act made it a punishable offence to kill or injure any animal, and Under Article 51 A (g), in Part IVA of our Constitution, says that “it shall be the duty of every citizen of India to protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures.” The petitioner also said that in the World health organisation of animal health it is said that every animal has the freedom from hunger, freedom from physical discomfort, freedom from pain and injury and freedom from fear and distress. Further the petitioner contended that under the guidelines issued by the central government in the ministry of home affairs that animal feed and fodder have been included as essential items thus, movement regarding this is allowed in the lockdown.
JUDGEMENT:
The bench said that, as correctly pointed by the petitioner- Animal Feed and Fodder are included in the guidelines issued by the central government in the ministry of home affairs and movement is allowed regarding this in the lockdown. The bench gave the judgement that “it would be enough if the petitioner carries a self-declaration stating that his movement to Cochin pet hospital is for procuring animal feed. Taking cognizance of this submission, we allow the writ petition by directing the respondents to permit the petitioner to travel to Cochin, pet hospital to procure the said item of cat food, on his producing a self-declaration stating the purpose of his travel, along with a copy of this judgment. Thus, this judgement made the assertion that Movement in the lockdown regarding Animal Feed and Fodder is allowed in the lockdown.
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