Delhi HC directs Animal Welfare Board of India to undertake survey of de-registered circuses, file status of animals held by them

New Delhi [India], February 9 : The Delhi High Court on Wednesday directed the Animal Welfare Board of India (AWBI) to undertake a survey of all de-registered circuses whose registrations have not been renewed and to report the status with regard to the animals held by each one of them.
The Division Bench of Justice Vipin Sanghi and Justice Jasmeet Singh further stated that, "This exercise should be completed in the next 8 weeks".
To enable the AWBI to complete the said survey, we request the State Legal Services Authorities of the States where these circuses are located to provide assistance in the matter of conduct of survey, through their para legal volunteers, court said.
Bench after taking note of the Affidavit files by AWBI also said, "It appears that out of the several circuses which were earlier operating and licensed in India, only 4 or at the most 5 circuses, continue to enjoy renewal of licenses. Other circuses have not complied with the requirement of making full and complete disclosure about the animals that they are holding and renewal of their license has not been granted."
Bench further noted that, the AWBI itself states that in respect of those circuses whose registration has not been renewed, they are prohibiting from holding circuses and exhibiting the animals held by them.
"The Circuses by their very nature are nomadic and move from place to place and that is given as the ground for not knowing as to where the said circuses are presently located, and that in turn is given as the reason for not giving us the status of animals held by them. We cannot accept this position. The AWBI has all the records available with it in respect of all the circuses registered by it. It is for AWBI to get in touch with all such circuses and inquire about the location and the well- being of the animals held by them. We direct the AWBI to conduct on-site inspection and survey," added the bench.
Merely writing letters to the DGPs of several states informing them the names of the circuses which have been de-registered and telling them that they are not entitled to hold the circuses, in our view is wholly insufficient and nothing more than a paper exercise, court said.
Dr. Hingorani, senior counsel appeared for Petitioner PETA India, submits that the Petitioner (PETA India) has already volunteered to take of all such animals and provide for once they are rescued, court noted.
Court while concluded the hearing on Wednesday also noted the submission of Advocate Anurag Ahluwalia and Advocate Gogna who appear for the Union of India in these writ petitions stated that the process of consultation has been undertaken and views of several stakeholders has been invited.
They seek some time from this Court to inform the view of the government with regard to the notification of the said Rules. Let an affidavit in this regard be filed by the Union of India. We request the Union of India to also consider notifying if these have been finalized without any delay since the absence of regulation in relation to performing animals severely impact their well-being and protection. The affidavit be filed with 4 weeks, court noted while listed the matter on 21 July for further hearing.
The Delhi HC was hearing petitions by PETA India and Federation of Indian Animals Protection Organisation (FIAPO) and stated that circus/organisation is found to be in unauthorised 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.