Four Horses Forced to Illegally Race on Western Express Highway Handed to PETA India
In recent court proceedings, the 65th Judicial Magistrate First Class (JMFC) Court in Andheri, Mumbai, granted PETA India interim custody of four horses following their use in illegal racing on the Western Express Highway.
PETA India filed an application seeking interim custody of the four horses on June 11 after the Vile Parle police station registered a first information report (FIR) and seized the four horses under Sections 279, 336, 289, and 34 of the Indian Penal Code, 1860 as well as Section 11(1)(a) and 11(1)(d) of the Prevention of Cruelty to Animals (PCA) Act, 1960. Pursuant to PETA India’s application, the owners of the horses relinquished custody of the equines by submitting an affidavit to this effect in court. The court then, acting in accordance with the Prevention of Cruelty to Animals (Care and Maintenance of Case Property Animals) Rules, 2017, notified under the PCA Act, 1960, granted PETA India interim custody of the horses.
PETA India pointed out in its petition that under the Performing Animals (Registration) Rules, 2001, no animal can be legally used for training, exhibition, or performances without being registered with the Animal Welfare Board of India (AWBI). Spectacles such as animal races also violate the PCA Act, 1960 and may violate the Transport of Animals (Amendment) Rules, 2001. In addition, PETA India referred to a 2016 Rajasthan High Court order that banned tonga races in the state following a study report submitted by the AWBI. The report highlighted that cruelty to horses is inherent when they’re forced to run on roads amid traffic conditions that are frightening and distressing for them.
Additionally, PETA India relied on Rule 3(b) of the Care and Maintenance of Case Property Animals Rules, 2017, which empowers the Magistrate to grant custody of seized animals to an animal welfare organisation, as well as judicial precedents of the Hon’ble Supreme Court, various High Courts, and trial courts concerning interim custody of seized animals being vested with animal welfare organisations until the pendency of trial to avoid further abuse.
