Animal victims, concerned citizens - locus standi



In case of animal cruelty cases individuals have a locus standi.

In the judgement,  Bal Gangadhar Tripathi Advocate, S/o Sri Kamla Prasad Tripathi And Others... Applicants; v. State of UP And Others... (Allahabad High Court, 19 Jan, 1996), para 5, it is said

"The animals are national assets. They ... help maintain proper environment. ... Governmental machinery and efforts by themselves are not sufficient and therefore voluntary organisations have a definitely an important role to play in the matter. it is rare to find any private citizen approaching a Court of law for prevention of cruelty to animals. In fact, it is voluntary organisations and the persons having zeal and mission who come to Court and bring the matter to the notice of the Court or to the notice of the appropriate Governmental authorities. Thus, these matters are in the nature of public interest litigation although the case may be tried or concluded largely within the frame work of the Code of Criminal Procedure...  In fact, a Division Bench of theis Court in the case (in which I was also a Member) Vishwa Hindu Adhivakta Sangh V. Union of India, 1993 LCD 112 (Paragraph 62), that observed that in the matter of larger public interest the Court must hear those persons who are vitally interest ed in the out come of those cases. The Hon'ble Supreme Court in the case of State of West Bengal v. Ashutosh Lahiri (1995) 1 ACC 189 held that any person representing Hindu community challenging exemption granted under Section 12 of West Bengal Animal Slaughter Control Act to cow slaughtering on Bakrid day, has a locus standi to be heard in the matter."



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