New Delhi, Feb 9 (PTI) The Delhi High Court on Wednesday directed the Animal Welfare Board of India (AWBI) to undertake within eight weeks a survey of all circuses whose licences have not been renewed and report the status of the animals held by them.

A bench headed by Justice Vipin Sanghi, which was hearing petitions by PETA India and Federation of Indian Animals Protection Organisation (FIAPO), stated that whenever any circus or organisation or person is found to be in unauthorized possession of an animal, it is AWBI's obligation to take up the issue with local police and administration so that the animal can be seized and taken in care and custody.

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The bench, also comprising Justice Jasmeet Singh, said that mere writing of letters by AWBI to the police authorities of the States to inform them about de-registered circuses was “wholly insufficient and nothing more than a paper exercise”.

“It is one thing to write a general letter to the Director-General of police that this is the list ...(but) what are you doing? It is your job. These circuses are licensed by you. You have de-recognised them. You have the record available. You know where they are located. You have to do the leg work. You can't just keep sitting in your office and say I've written a letter…” the court said.

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AWBI stated that presently, only 4-5 circuses are licensed to operate in the country and since circuses are nomadic and move from place to place, it was not possible to track down their location or the status of the animals.

“You don't really seem to be interested in animal welfare. That is not coming out from your conduct ... You are animal welfare board and you are so and so... (but) you don't really ... it is not part of your nature to care for animals,” Justice Sanghi remarked as he observed that it was not possible for any circus to move to another city in a short span of time and remain undetected.

“We cannot accept this position. The Animal Shelter board of India has all the records available with it with regard to all the circuses earlier registered with it. It is for the AWBI to get in touch with all such circuses and enquire about the location and well-being of the animals held by them. It is for the AWBI to conduct on-site inspection and survey,” the court stated.

“We, therefore, direct the AWBI to undertake a survey of all such circuses whose registration has not been renewed and report the status with regard to the animals held by them. This exercise should be completed in the next 8 weeks,” it ordered.

The court allowed the petitioners to join the survey and requested the state legal service authorities of the concerned states to provide assistance to AWBI.

“It is the obligation of the AWBI to take up the issue with the local police station and local district magistrate whenever it comes to their knowledge that any licensed circus or any organization or person is holding an animal unauthorizedly so that the animal could be seized and taken in care and custody of either the local/nearest zoo or in coordination with the petitioners,” the court clarified.

The court also requested the central government to notify its 2018 rules on registration of performing animals, if finalised, without any delay since the absence of any regulation is was severely impacting the protection and wellbeing of animals.

Central government counsels Rajesh Gogna and Anurag Ahluwalia said that the process of consultation has been undertaken and views of several stakeholders have been invited.

The court directed the Centre to file an affidavit on this aspect.

Counsel for PETA, Dr Aman Hingorani, argued that the draft rules which sought to regulate the keeping of animals by circuses as performing animals are yet to be notified since 2018.

He submitted that PETA was ready to rehabilitate circus animals and provide them care after being rescued.

The People for Ethical Treatment of Animals (PETA), as well as FIAPO, had moved the high court in 2020 for the protection of animals in circuses stranded across the country due to the COVID-19 pandemic.

PETA India claimed in its plea that due to the COVID-19 outbreak and resultant lockdown, circuses are finding it difficult to feed the animals at various stages of starvation.

It sought a direction to the Centre to immediately notify the Performing Animals (Registration) Amendment Rules of 2018 which expressly prohibit training and exhibition of performing animals in circuses and "mobile entertainment facilities".

The matter would be heard next on July 21.

(The above story is verified and authored by Press Trust of India (PTI) staff. PTI, India’s premier news agency, employs more than 400 journalists and 500 stringers to cover almost every district and small town in India.. The views appearing in the above post do not reflect the opinions of LatestLY)