Strange are the things people inflict on animals. On June 24, the Uttarakhand police registered an FIR and began investigation after a disturbing video went viral showing a horse being forced to smoke weed by two men on their way to Kedarnath temple.
It was found that horses and mules were being treated inhumanely by such operators on the Kedarnath pedestrian route. Besides the animals being forced to smoke cigarettes, it was alleged that drugs were mixed with them too. After two videos went viral of the intoxicated animals, action is being taken by the animal husbandry and police department against such people under the IPC and Animal Cruelty Act. The videos were reportedly shot at Tharu camp, above Bhimbali on the route to Kedarnath.
There are different ways to reach Kedarnath Dham and the journey is considered a difficult one. After reaching Gaurikund through vehicles, pilgrims either go by foot or on horses/mules to overcome the uphill climb of about 18 km. Chief Veterinary Officer Ashok Panwar reportedly said that the act of making an animal smoke comes under animal cruelty. An FIR has been lodged against the horse-mule operator and his identity is being ascertained.
In the video, one of the men is seen forcibly keeping the horse’s mouth closed while another man forces it to inhale the cigarette fumes through one of its nostrils. The horse, unwilling, struggles to breathe as it inhales and exhales smoke.
The viral clip sparked outrage with users demanding rigorous punishment for those involved. The graphic video has also raised serious concerns about the safety of pilgrims who rely on these animals for transportation. Their ill treatment has been a growing concern among tourists. The protection of animals and ensuring their safety and protection during these religious journeys has become a pressing concern.
In the past too, horse-mule handlers had beaten up a female pilgrim from Delhi for protesting against horse beating, in which five persons were arrested. So far, 14 cases have been registered by the police regarding animal cruelty.
Uttarakhand’s Animal Husbandry Minister Saurabh Bahuguna reportedly said that those tweeting sitting in AC rooms are invited to come on the Kedarnath track and help the government to improve things. He further said that action would be taken against those who spread rumours on social media. Actor Raveena Tandon also reacted to the video and urged Chief Minister Pushkar Singh Dhami to arrest the accused.
However, horse-mule owners claim that the mule was not being given cigarettes, but smoke. According to an animal owner, horses and mules suffer from colic and smoke cures this disease. This, he said, was a centuries old home recipe. He said that in the hilly areas, horses and mules often get sudden stomach pain. When even medicines don’t work, they are given the smoke of gunny bags. After that, the animal becomes healthy to some extent. Horses and mules often die due to formation of gas in the stomach.
There have been other cases regarding animal cruelty. Last December, the Bombay High Court said that it would be the responsibility of the owner of a vehicle from which animals were seized under the Prevention of Cruelty to Animals Act to pay the cost of their transport, treatment and care till the trial was concluded. Justice Prakash D Naik said being merely the owner of the vehicle used as medium does not absolve a person from the responsibility of paying towards the maintenance and health inspection of animals in accordance with the Prevention of Cruelty to Animals (Care and Maintenance of Case Property Animals) Rules. The case followed an FIR registered under Section 11 of the Maharashtra Protection of Animals Act and Section 192-A of the Motor Vehicles Act, alleging that 23 buffaloes were being transported illegally to Mumbai.
In March this year, the Supreme Court dismissed a PIL which sought declaration of the entire animal kingdom, including the avian and aquatic species, as “legal entities” having a distinct persona with corresponding rights of a living person. The Bench of Chief Justice of India DY Chandrachud, Justice PS Narasimha and Justice JB Pardiwala observed that it cannot entertain the writ petition in its extraordinary jurisdiction under Article 32 of the Constitution. Filed by an Allahabad-based NGO, the petition sought prevention of animal cruelty and strengthening of animal protection laws in the country. It contended that in the past few months, a couple of cases showing cruelty towards animals had come to light, which raised questions as to how humans had no respect for animal lives and how they could be so devoid of sympathy.
Then there was a case in Patna High Court where a bench of Chief Justice K Vinod Chandran and Justice Madhuresh Prasad dismissed a PIL regarding the shooting of vermin and the empanelment of shooters by the state government. The bench said that it was for the state to balance considerations so as to mitigate human-animal conflict and decide on the measures to be taken which also has to be in accordance with the Wild Life (Protection) Act, 1972.
—By Shivam Sharma and India Legal Bureau