HC; Kolkata Circuit Bench at Port Blair Directs Administration to form SPCA in all Districts of A&N Islands by 31st March

Port Blair, Feb 12: In an important Judgment towards the welfare of the suffering animals of the Islands, the Divisional bench of the Honble’ High Court, hearing a PIL petition filed by Animal Activist, Nikhat Islam in its Orders, dated 09th Jan 2017, has directed the A&N Administration to form the SPCA in all the 03 Districts of the Islands at par with the PCA (Establishment and Regulation of SPCA) Rule– 2001, by the 31st of March 2017, that has been a long pending issue since its establishment in the year 1993, and that it has been lying dormant till date.
The SPCA, although started initially on 23.02.1993 in the A&N Islands with a few doctors of the department of Animal Husbandry and Veterinary Service as members of the Society, it remained dormant without having any independent Land and Office of its own, no Veterinary doctors attached to it, no ambulance, no infirmary, no shelter, no Police personals, and no separate officials to work. In short, nothing in its physical form existed for the SPCA to function practically for the welfare of the suffering animals in the Islands.
Later Smti Zarina Nikhat Islam, along with her associate Dr P.M.Murali, both Animal Activists of A&N Islands involving themselves in this project since the year 2013, raised the issue with A&N Administration involving the then Lt Governor, Lt. General A.K.Singh. Consequently, the Director (AH&VS), in his capacity as the General Secretary, SPCA, conducted the election to the managing committee of SPCA on 18.01.2015 by ignoring Dr Chatterjee, Secretary, Govt. of India, Ministry of Environment and Forest, New Delhi, letter, which had clearly requested for the formation of the SPCA following the Prevention of Cruelty to Animals ( Establishment and Regulation of Societies for Prevention of Cruelty to Animals ) Rules 2001. Accordingly the Secretary ( AH) had issued letters to DC’s of all 03 Districts to form SPCA.
Meanwhile a writ petition was filed prior to the afore said election in the High Court, Circuit Bench at Port Blair, vide WP(PIL) No. 413 of 2014 ( Smti Zarina Nikhat Islam & Ors vs Union of India & Ors), contending to constitute the SPCA in a Lawful manner. But the WP was disposed of due to technical error.
Not contended with the formation of the SPCA in an unlawful manner, once again a WP (PIL) was filed vide No.342 of 2016 by the name Smti Zarina Nikhat Islam vs Union of India & Ors.
Accordingly, the Honble’ High Court ( Divisional Bench ) in its hearing on 09th Jan. 2017, directed the A&N Administration through its Chief Secretary to form the SPCA for all the Districts of A&N Islands as per the provision contained in the PCA (Establishment and Regulation of SPCA) Rule 2001. The said verdict was with a remark, “The issue of the prevention of cruelty to Animals cannot be ignored in view of the promulgation of the PCA Act came into force in 1960. The said rules being amended in the year 2001.” (Courtesy: Zarina Nikhat Islam, Animal Activist).