Due to an increase in animal cruelty cases, a PIL was filed by an Allahabad-based NGO – People’s Charioteer Organization (PCO) under article 32 of the Constitution of India. A bench comprising of CJI DY Chandrachud, Justice PS Narasimha, and Justice JB Pardiwala dismissed the Public Interest Litigation while stating that, “we find that the prayer sought in the writ petition cannot be granted by this Court in its extraordinary jurisdiction under Article 32 of the Constitution of India.”

“Lately, a couple of cases of cruelty towards animals have come to light in the past few months which have raised questions as to how humans have absolutely no respect for animals’ lives and how can they can be devoid of sympathy. Such incidents have further enraged many and made one ponder as to whether the existence is sufficient enough to protect animals from possible abuse and cruelty,” the plea states in the backdrop of Kerala’s Elephant Tragedy, sale of dog-meat in Nagaland, etc”, the PIL stated.

The PIL relied on the judgement given in the cases of Karnail Singh & Ors. v. State of Haryana and Narayan Dutt Bhatt v. Union of India & Ors, in which all animals in the animal kingdom were recognized, as legal entities and all citizens of these states were declared persons in loco parentis. The PIL further stated “The NCRB reports, for reasons beyond one’s imagination, choose not to publish specific data related to crimes against Animals under the Prevention of Cruelty to Animals Act, 1960. Also, NCRB reports do not contain any separate records of statistical data related to crime against Animals under Sections 377, 428, and 429 of IPC. There is no mention of any statistical data related to Animal Cruelty in the Annual Reports of the Ministry of Environment or any other ministry and the only relevant data available with the Ministry of Environment.”