The Karnataka High Court has directed the authorities concerned to give effect to the provisions of the Standard Operating Procedure for capture and release of monkeys by the Forest Department/ Bruhat Bengaluru Mahanagara Palike (BBMP) /Urban Local Bodies in letter and spirit.
The Division Bench of Acting Chief Justice Alok Aradhe and Justice S. Vishwajith Shetty said this while disposing a suo motu petition and a Public Interest Litigation (PIL). The suo motu Petition was initiated by the High Court on the basis of reports in leading newspapers. The reports said a large number of monkeys were found dead on the roadside in Belur Taluk of Hassan District. In the news reports, it was further stated that along with the dead monkeys, 15 monkeys which were alive were also put in a large bag.
A bench of the High Court had taken note of the decision of the Supreme Court in the case of ANIMAL WELFARE BOARD OF INDIA VS A.NAGARAJA & OTHERS – (2014)7 SCC 547, wherein the limited right to live conferred on the animals was recognized.
Another PIL has been filed by the party in person seeking directions to respondents to take necessary action by stepping in aid of the residents whenever the monkey menace is reported to the authorities.
In these petitions, a bench of the High Court was prima facie of the opinion that the death of monkeys is a case of gross violation of the provisions of the Prevention of Cruelty to Animals, 1960, and in particular Sections 3 & 11 thereof. The High Court had issued directions from time to time. On 04.08.2021, the following directions were issued.
(i) To lay down the procedure for immediately acting upon complaints received about monkey menace and for rescue as well as release of the monkeys in a scientific manner without causing any harm to them and to relocate them.
(ii) The State Government and the BBMP were directed to give wide publicity about the helpline number and landline number to receive information pertaining to sick and injured monkeys.
(iii) After holding the meeting and after laying down the procedure, the officers of the State Government and the BBMP were directed to file affidavits setting out the details of the procedure proposed to be laid down.
In pursuance of the aforesaid directions issued, the State Government has formulated the Standard Operating Procedure (SOP) for capture and release of monkeys by the Forest Department/BBMP/Urban Local Bodies.
The Division Bench of Acting Chief Justice Alok Aradhe and Justice S. Vishwajith Shetty observed the aforesaid SOP framed by the Government deals with the aspect of money related conflict issues, for capture and release of monkeys by the Forest Department as well as the capture and its relocation. The aforesaid SOP also deals with specifications of capturing cages.
The AGA submitted the detailed SOP which has been framed by the State Government shall be given effect.
“Therefore, in the facts and circumstances of the case, these petitions are disposed of with a direction to the concerned authorities to give effect to the provisions of the Standard Operating Procedure for capture and release of monkeys by the Forest Department/BBMP/Urban Local Bodies in letter and spirit,” the order reads.