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The petition was filed before the highest court of appeal by an environmentalist, Shubham Awasthi through advocate on record Vivek Narayan Sharma praying the court to declare the use of violent means to obviate wild animals unconstitutional, illegal, Infringing of Art 14 & 21.
In the wake of a recently occurred uncanny incident in Kerala where a reported elephant became a victim for the practice of using barbarous means such as pineapple filled with crackers or explosives to obviate them by owners of farming land. This crept disturbance to Awasthi, who filed a plea before the supreme court seeking to direct center and state govt. for necessary amendments in the Prevention of Cruelty against Animals Act,1960 to increase the punishments/ liabilities for those causing harm to animals.
The petitioner to substantiate her contentions relied on Vedas and Indian religious texts, who went on to say " The cruelty with which elephants are treated nowadays is a far cry from what it was like in ancient India where they had pride of place. No army could be imagined without elephants leading the charge. Celebrated Indian philosopher and royal advisor Chanakya who authored Arthashastra clearly laid down rules for kings to protect elephants".
The petition further sought directions to central and state govt. to update their forest forces with modern equipment and necessary literature regarding animal wellbeing.
Also, the petitioner urged the court to direct Agriculture and forest departments of states across the country to come up with a ' standard operating procedure' which promotes the wellbeing of animals in order to curb the happening of such incidents in the future.
Petitioner went a step ahead asking the court to insist state ahead asking the court to direct the state to conduct animal census so as to know to need for wildlife protection.
Thereby hearing all the above submissions made by the advocate on record advocate Vivek the three-judge bench comprising CJI S A Bobde, Justices A S Bopanna and Subhash Reddy issued notice to center and 13 other states on a petition seeking to curb the practice of using barbarous means and explosives to turn away wild animals.
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