Kerala High Court allows the plea filed by Cat Owner against the refusal of pass for buying the pet-food by Kerala Police during COVID-19 lockdown.
Acting upon a plea a bench of Hon’ble Mr Justice AK Jayasankaran Nambiar and Hon’ble Mr Justice Shaji P Chali said, petitioner can go to buy Cat food on the basis of a Self declaration, along with the order of Court.
The court also said that it will pass a general order in this regard to cover situations like this.
The petitioner, N Prakash, is an owner of three cats and has filed the petition as party-in-person.
According to the guidelines issued by Kerala Police, people need to obtain a prior permit based on an affidavit for going out of their homes for essential services during the lockdown period.
The petitioner has stated in the petition that the cats are fed a biscuit named “Meo-Persian”, due to impossibility of feeding the cats non-vegetarian food as he is a vegetarian, and hence non vegetarian food cannot be cooked in his house. He applied online for vehicle pass for travelling to Cochin Pet Hospital on April 4 for buying the said brand of cat food, as the food in stock got exhausted, and his application rejected stating that they regret to inform that his request for affidavit/ emergency pass has been rejected.
The petitioner also submitted that he has been maintaining the cats in utmost security, adding the photographs of the cats in the petitioner’s home in the petition, and also stated that when the Honourable Chief Minister of State himself has exhorted to feed even stray dogs in the streets, the denial of permission to travel to pet hospital to buy cat food is high handed and arbitrary.
The petitioner has contended that right to get food and shelter is a guaranteed right for domestic animals under Sections 3 and 11 of the Prevention of Cruelty to Animals Act.
The petition also referred to the decision of the Apex Court in Animal Welfare Board of India v. A.Nagaraja (2014), where it had stated that “Every species has a right to life and security, subject to the law of the land, which includes depriving its life, out of human necessity. Article 21 of the Constitution, while safeguarding the rights of humans, protects life and the word “life” has been given an expanded definition and any disturbance from the basic environment which includes all forms of life, including animal life, which are necessary for human life, fall within the meaning of Article 21 of the Constitution. So far as animals are concerned, in our view, “life” means something more than mere survival or existence or instrumental value for human-beings, but to lead a life with some intrinsic worth, honour and dignity.”
The petitioner has prayed for issuance of directions directing the respondents to permit the petitioner to travel from his residence upto the hospital and to quash the previous order of rejection of his emergency pass.
-India Legal Bureau