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Order of the Uttarakhand High Court regarding protection and welfare of animals, 04/07/2018

04/07/2018

Judgement of the Uttarakhand High Court in the matter of Narayan Vs Union of India & Others dated 04/07/2018 regarding protection and welfare of animals. The petitioner has sought directions to the respondents to restrict the movement of horse carts/tongas from Nepal to India and from India to Nepal through Banbasa, District Champawat, India. Petitioner has prayed that there should be provisions for vaccination, medical checkup of the horses for suspected infections before entering into the Indian territory from Nepal and for regulating the traffic on the border areas.

Some of the major highlights of the Judgement of the Uttarakhand High Court are the following:

a. The entire animal kingdom including avian and aquatic are declared as legal entities having a distinct persona with corresponding rights, duties and liabilities of a living person. All the citizens throughout the State of Uttarakhand are hereby declared persons in loco parentis as the human face for the welfare/protection of animals.

b. The State Government is directed to ensure the medical examination of all the animals including horses entering from Nepal to India as well as horses moving from Indian border to Nepal to check infectious and contagious diseases by setting the veterinary check-posts on the border.

c.The State Government is directed to ensure that throughout the State of Uttarakhand, that no person in charge of any vehicle drawn by any animal allows more than four persons, excluding the driver and children below 6 years of age to ride the vehicle.

d. The use of spike stick or bit, harness or yoke with spikes, knobs or projections or any other sharp tackle or equipment is banned throughout the State of Uttarakhand to avoid bruises, swelling, abrasions or severe pain to the animal.

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