Court Says Meagre ₹10–₹50 Penalties Under Existing Law Fail to Create Fear of Legal Consequences
Srinagar, September 29: The Jammu & Kashmir and Ladakh High Court has called for stronger legal provisions, including stricter imprisonment and substantially higher fines, for offences involving cruelty to animals, observing that the existing penalties under the Prevention of Cruelty to Animals Act, 1960, are too low to serve as an effective deterrent.
A Division Bench comprising Justice Sanjeev Kumar and Justice Mohd Yousuf Wani made the observations while allowing an appeal challenging preventive detention under the Jammu & Kashmir Public Safety Act, 1978.
The Court observed that animals experience pain, stress and fear, and expressed concern over the inadequacy of penalties prescribed for certain forms of cruelty. It noted that some offences under the existing law can attract fines as low as ₹10 to ₹50, which, according to the Bench, provide little deterrence against cruelty.
The Bench called for legal reforms to strengthen the protection afforded to animals and to provide for strict imprisonment and substantial financial penalties for acts of cruelty.
Bovine Smuggling Also Came Under Court’s Scrutiny
The observations came in a case involving an appellant accused in several criminal cases, including allegations relating to bovine smuggling. The Court observed that bovine-animal smuggling is not merely a criminal issue but may also affect religious sentiments and public tranquillity.
However, the Bench made it clear that the seriousness of the allegations cannot dilute the constitutional and statutory safeguards governing preventive detention.
High Court Finds Defects in PSA Detention Order
While examining the detention order, the Court found that the authorities had failed to demonstrate proper application of mind regarding the appellant’s custody status.
The Bench noted that the appellant was already in custody when the detention order was passed. However, the order did not adequately demonstrate awareness of this fact or establish a real and compelling possibility of his release followed by his involvement in prejudicial activities, which is required for sustaining preventive detention.
The Court also took note of an unexplained 18-day delay between the passing of the detention order on December 1, 2025, and its execution on December 19, 2025.
PSA Order Quashed
After examining the record, the Division Bench concluded that the detention order suffered from non-application of mind and violation of mandatory constitutional and statutory safeguards.
The High Court accordingly allowed the appeal and quashed the PSA detention order against the appellant.
The case was Anwar Jan v. Union Territory of J&K. Senior Advocate M.A. Goni, assisted by Advocate Tanveer Ahmad, appeared for the petitioner, while Advocate Ilyas Laway represented the Union Territory.(KNC)
