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The Supreme Court (SC) has asked the Centre to either withdraw or amend rules notified in 2017 for confiscating animals of traders and transporters during the pendency of trial in cases under the Prevention of Cruelty to Animals Act, 1960.

Key Points

• About the 2017 Rules:
  
  • The Prevention of Cruelty to Animals (Care and Maintenance of Case Property Animals) Rules, 2017 have been framed under the Prevention of Cruelty to Animals Act, 1960.
  • The Rules allow a Magistrate to forfeit the cattle of an owner facing trial under the Act.
    
    • The animals are then sent to infirmaries, animal shelters, etc.
    • The authorities can further give such animals for “adoption”.
    • The Rules are plainly contrary to Section 29 of Prevention of Cruelty to Animals Act, under which only a person convicted of cruelty can lose his animal.
    • It asked the government to either change the rule or face a stay from the court.
    • The legislative intent of the Act is to “prevent the infliction of unnecessary pain or suffering on animals”.
    • The Animal Welfare Board of India (AWBI) was established in 1962 under Section 4 of the Act.
    • This Act provides for punishment for causing unnecessary cruelty and suffering to animals. The Act defines animals and different forms of animals.
    • Discusses different forms of cruelty, exceptions, and killing of a suffering animal in case any cruelty has been committed against it, so as to relieve it from further suffering.
    • Provides the guidelines relating to experimentation on animals for scientific purposes.
    • The Act enshrines the provisions relating to the exhibition of the performing animals, and offences committed against the performing animals.
    • This Act provides for the limitation period of 3 months beyond which no prosecution shall lie for any offences under this Act.