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BEFORE THE HONBLE HIGH COURT OF JUDICATURE


AT MADRAS
(SPECIAL ORIGINAL JURISDICTION)
W.P. NO.

OF 2016

Vasan @Sakthi Vasan , M/A 44 years,


S/o. S. Kandasamy,
274-A, A-6 Vasanth Aprt.
Lloyds Road, Gopalapuram,
Chennai 600 086.

Petitioner

-VsThe Secretary,
Animal Welfare Board of India
13/1, Third Seaward Road,
Valmiki Nagar,
Thiruvanmiyur,
Chennai 600 041

Respondent

Affidavit of Mr. Vasan @ Sakthi Vasan

I , Vasan @ Sakthi Vasan, Hindu , aged about 44 years, and


having

office

at

No.274-A,

A6

Vasanth

Aprt,

Lloyds

Road,

Gopalapuram, Chennai 600 086, do hereby solemnly affirm and


sincerely state as follows:
1. I am the Petitioner and as such I am well aware and
acquainted with the facts and circumstances of the present
case.
2. I submit that I am having office at above said address and I
am a Lawyer as well as socialist.

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3. I submit that I have no personal interest in this case. I have


filed the present case out of public interest. Earlier I filed as
successful Public Interest Writ Petition for IPL, in that case
Tamil Nadu Entertainment Tax Act have been amended by the
Govt. of TN. And I have also filed PIL regarding regularization
of TV Broadcasting and I have also filed PIL regarding initiate
steps to create a Southern Water Grid by linking all the South
Indian Rivers and nationalize the South Indian Rivers and
Establish a Statutory etc.,
4. I submit that I am filling present Writ Petition under the
bonafide intention that Section 3 PCA Act has been specifically
executed, a already indicated its confer duties on person who
are in charge or care of the animals the well-being of such
animals and to prevent infliction of unnecessary pain or
suffering upon the animals. In other words, the well-being and
welfare of the animals in the paramount and dominant
intention of the PCA Act and with that intention it has
conferred duties on the person in charge or care of the animals
and correspondent rights on the animals. Section 11 confers
obligations on all persons, including persons-in-charge or care
of the animals Section 22 of PCA Act, which deals with
performing animals, has to be read along with Sections 3,11(1)
of the Act and that expects only the animal to perform in an
exhibition and horse tamers have no role.
5. I submit that Sec.3, 11 or 22 do not confer any right on the
human

beings

to

performing, on the

over-power

the

animals

while

it

is

other hand, under Section 11 (m) (i)

inciting an animal to confines or causes to confined any


animals is an offence.
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6. I submit that the rights guaranteed to

the Horse under

Section 3 and all of PCA Act read with Articles 51 A(g) and are
cannot be taken away or curtailed, except under section 11(3)
and 28 of PCA Act.

7. I submit that the word animal falls under Section 2(a) of PCA
Act.
8. I submit that the Horse race spoils the life of the public those
who are all involved in the Horse race.
9. I submit that the horse

races are allowed with all legal

concession to favour richest population at the cost of majority


population of India.
10.

I submit that Huge population in the hand suffers life by

way of spending huge money in horse race and on the other


hand organizes of the horse race minting money from those
who are all involved in the horse races in India.
11.

I submit that the horse race is not only spoils the life of

the animals and jockeys in the horse race but also life of the
participant of the horse races in India.
12.

I submit 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 Act 21 of the
constitution which safeguarding the right of human protects
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life and the word life has been given on 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. Animals'
well-being and welfare have been statutorily recognised under
Sections 3 and 11 of the Act and the rights framed under the
Act. Right to live in a healthy and clean atmosphere and right
to get protection from human beings against inflicting
unnecessary pain or suffering is a right guaranteed to the
animals under Sections 3 and 11 of the PCA Act read with
Article 51A(g) of the Constitution. Right to get food, shelter is
also a guaranteed right under Sections 3 and 11 of the PCA
Act and the Rules framed thereunder, especially when they are
domesticated. Right to dignity and fair treatment is, therefore,
not confined to human beings alone, but to animals as well.
Right, not to be beaten, kicked, overridden over-loading is also
a right recognized by Section 11 read with Section 3 of the
PCA Act. Animals have also a right against the human beings
not to be tortured and against infliction of unnecessary pain or
suffering. Penalty for violation of those rights are insignificant,
since laws are made by humans. Punishment prescribed in
Section 11(1) is not commensurate with the gravity of the
offence, hence being violated with impunity defeating the very
object and purpose of the Act, hence the necessity of taking
disciplinary action against those officers who fail to discharge

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their duties to safeguard the statutory rights of animals under


the PCA Act.
13.

I submit that horse races and other forms of horse races as


the various reports indicate, causes considerable pain, stress
and strain on the horse. Horse, in such events, not only do
move their head showing that they do not want to go to the
arena but, as pain is being inflicted in the race ground is so
much, they have no other go but to flee to a situation which is
adverse to them. Horses, in that situation, are stressed,
exhausted, injured and humiliated. Frustration of the Horses
is noticeable in their vocalization and, looking at the facial
expression of the horses, ethologist or an ordinary man can
easily sense their suffering. Horses, otherwise are very
peaceful animals dedicating their life for human use and
requirement, but are subjected to such an ordeal that not only
inflicts serious suffering on them but also forces them to
behave in ways, namely, they do not behave, force them into
the event which does not like and, in that process, they are
being tortured to the hilt. Horses are exhausted, injured,
tortured or humiliated by conducting horse races. Horses are
also intentionally subjected to fear, injury - both mentally and
physically - and put to unnecessary stress and strain for
human pleasure and enjoyment, that too, a species totally
dedicated its life for human benefit, out of necessity.

14.

I submit that in Indian marriages in the name of barat to


much of noise through band , sound and fire crackers and
people

dancing

in

front

of

the

horses

being

causes

considerable pain, stress and strain on the horses and also


horses are forced to perform dance on the streets including
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men and women saddling over the horses during the function.
It is further submitted that the horses have been used to
perform fun ridding in beaches, and other tourism places.
Horses, in such events, not only do move their head showing
that they do not want to go to the arena but, as pain is being
inflicted in the occasions is so much; they have no other go
but to flee to a situation which is adverse to them. Horses, in
that

situation,

are

stressed,

exhausted,

injured

and

humiliated. Frustration of the Horses is noticeable in their


vocalization and, looking at the facial expression of the horses,
ethologist or an ordinary man can easily sense their suffering.
Horses, otherwise are very peaceful animals dedicating their
life for human use and requirement, but are subjected to such
an ordeal that not only inflicts serious suffering on them but
also forces them to behave in ways, namely, they do not
behave, force them into the event which does not like and, in
that process, they are being tortured to the hilt. Horses are
exhausted, injured, tortured or humiliated . Horses are also
intentionally subjected to fear, injury - both mentally and
physically - and put to unnecessary stress and strain for
human pleasure and enjoyment, that too, a species totally
dedicated its life for human benefit, out of necessity.
Grounds
a. In such circumstances, there needs to be created a strong
mechanism like the Animal welfare Board of India in order
to protect the animals from cruelty.
b. PCA Act has been enacted with an object to safeguard the
welfare of the animals and evidently to cure some mischief
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and age old practices, so as to bring into effect some type of


reform, based on eco-centric principle recognizing the
intrinsic value and worth of animals.
c. The welfare and protection of the animals should be
safeguard from cruelty. Treating animals cruelty should be
several penalized.
d. Duties of persons having in charge of horse duty cast on
persons in-charge or care to take all reasonable measures
to ensure the well-being of the animal.
e. Duty to take reasonable measure to prevent the inflict upon
such animals of unnecessary pain and suffering.
f. Both the above limbs have to be cumulatively satisfied
primary duty on the person-in-charge or care of the animals
is to ensure the well-being of the animal. Well -being
means state of being comfortable, healthy area, forcing and
pulling horse bulls

by nose rope into the narrow closed

enclosure.

g. To protect horse from cruel practices and violations of the


law like.
(i)

Poking horse with sticks (ii) forcing horses to ride in


the race ground and to protect the horses and jockey
from facing dangers his racing to safe guard.

h. On any other grounds at the time of argument.


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15.

I further submit that enumerating all these I had sent

representation

to

the

respondents

on

4.1.2016

and

dt.05.01.2016 till date there has been no response from the


respondents herein. Therefore I have no other alternative other
than to approach this Honble Court praying for a Writ of
Mandamus of any other Writ or Order or Direction in the
nature of Writ to the Respondents directing the respondents to
consider, the Petitioner's representation dt. 04.01.2016 and
dt.05.01.2016

initiate steps to stop the horse races, use of

horses in barat and political /other functions and horse fun


ridding in beaches and Tourism places.
16.

I did not file any public interest Litigation earlier and to

my knowledge no other person has filed any Public interest


Litigation with respect to the subject matter. I hereby
undertake to pay the costs. If any if it is found to be intended
for personal gain or motive.
17.

I state I have filed the present Public Interest Litigation

out of my own funds. I have filed the present Writ Petition


based on information and personal knowledge and also on the
basis of information furnished by the officials. I have also filed
my representations given to the respondent in person.

It is therefore prayed that this Honble court may be pleased to


issue a writ of Mandamus of any other writ or order of direction in
the nature of a writ to the respondent directing the respondents to
Mandamus directly the respondents to consider, the Petitioner's
representation dt. 04.01.2016 and dt.05.01.2016 initiate steps to
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stop the horse races, use of horses in barat and political /other
functions and horse fun ridding in beaches and Tourism places and
pass such further or other order or orders as this as the Honble
court may deem fit and proper in the circumstances of the and
thus render justice.

Solemnly affirmed and signed his


Name in my presence on this the
Day of 18th January 2016

Before Me

Advocate

MEMORANDUM OF WRIT PETITION


(UNDER ARTICLE 226 OF CONSTITUTION OF INDIA)
BEFORE THE HONBLE HIGH COURT OF JUDICATURE
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10

AT MADRAS
(SPECIAL ORIGINAL JURISDICTION)
W.P. NO.

OF 2016

Vasan @Sakthi Vasan , M/A 44 years,


S/o. S. Kandasamy,
274-A, A-6 Vasanth Aprt.
Lloyds Road, Gopalapuram,
Chennai 600 086.

Petitioner

-VsThe Secretary,
Animal Welfare Board of India
13/1, Third Seaward Road,
Valmiki Nagar,
Thiruvanmiyur,
Chennai 600 041.

Respondent

WRIT PETITION
The petitioner humbly submits;
The address for service of summons, notices and process on the
petitioner is that of his counsels M/s. Dr. G.Krishnamurthy, B.
Mahendran, G. Selvakumar, K.Nagarajan at No. 135, Addl. Law
chamber,High Court campus, Chennai 600 104.
The address for services of summons, notices and process on the
respondent is as cited above.
For the reasons stated in accompanying affidavit it is
therefore prayed that this Honble court may be pleased to issue a
writ of Mandamus of any other writ or order of direction in the
nature of

a writ to the respondent directing the respondents to

Mandamus directly the respondents to consider, the Petitioner's


representation dt. 04.01.2016 and dt.05.01.2016 initiate steps to
stop the horse races, use of horses in barat and political /other
functions and horse fun ridding in beaches and Tourism places and
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11

pass such further or other order or orders as this as the Honble


court may deem fit and proper in the circumstances of the and
thus render justice.

Dated at Chennai on 18th this day of January 2016.

Counsel for Petitioner

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12

BEFORE THE HONBLE HIGH COURT OF JUDICATURE


AT MADRAS
(SPECIAL ORIGINAL JURISDICTION)
W.P. NO.

OF 2016

Vasan @Sakthi Vasan , M/A 44 years,


S/o. S. Kandasamy,
274-A, A-6 Vasanth Aprt.
Lloyds Road, Gopalapuram,
Chennai 600 086.

The Secretary,
Animal Welfare Board of India
13/1, Third Seaward Road,
Valmiki Nagar,
Thiruvanmiyur,
Chennai 600 041.

Petitioner

-Vs-

Respondent

SYNOPSIS
1. U/s. 3, 11 or 22 of PCA Act 1960, (59 of 1960) do not confer
any right on the human being to over-power the animals.
2. U/s. 3 of the PCA Act, 1960 R/w Art. 51-A(g) of the
Constitution of India, it is duty of the Central government to
take steps to impart education in relation to human
treatment of animals and improve the natural environment.
3. Performing the horse races, use of horses in barat and
political /other functions and horse fun ridding in beaches
and Tourism places.
4. Right to live in health and clean atmosphere and right to get
protection from human beings inflicting unnecessary pain,
stress and cruelty.

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5. Sec. 11 (1) of PCA Act 1960 is not commensurate with the


gravity of the offence hence being violated with impunity
defeating the very object and purpose of the Act.
Counsel for Petitioner
BEFORE THE HONBLE HIGH COURT OF JUDICATURE
AT MADRAS
(SPECIAL ORIGINAL JURISDICTION)
W.P. NO.
OF 2016
Vasan @Sakthi Vasan , M/A 44 years,
S/o. S. Kandasamy,
274-A, A-6 Vasanth Aprt.
Lloyds Road, Gopalapuram,
Chennai 600 086.
Petitioner
-Vs-

The Secretary,
Animal Welfare Board of India
13/1, Third Seaward Road,
Valmiki Nagar,
Thiruvanmiyur,
Chennai 600 041.

Respondent

INDEX
Sl. No.
1.
2.
3.
4.

Date
Description
Page No.
04.01.2016 Representation to the Respondent
05.01.2016 Representation to the Respondent
Photos of the Horse cruelty.
CD copy

The above stated


Dated at Chennai on 18th this day of January 2016.

Counsel for Petitioner

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14

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15

BEFORE THE HONBLE HIGH


COURT OF JUDICATURE AT
MADRAS
(SPECIAL ORIGINAL
JURISDICTION)
W.P. NO.

OF 2016

Vasan @Sakthi Vasan , M/A 44 years,


S/o. S. Kandasamy,
Chennai 600 086.
Petitioner
-VsThe Secretary,
Animal Welfare Board of India
(Ministry of Environment ,
Forest and Climate change ,Govt. of India)
13/1, Third Seaward Road,
Valmiki Nagar, Thiruvanmiyur,
Chennai 600 041.
Respondent

TYPED SET

Dr. KRISHNAMOORTHY
B. MAHENDRAN Ms 2474/09
G.SELVAKUMAR
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K.NAGARAJAN Ms 3767/12
COUNSEL FOR PETITIONER
9444444924/9092328331

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