PETA India wins interim custody of six horses forced to illegally race on highway

On October 8, PETA India filed an application for interim custody of six horses after the Kashigaon Police Station registered an FIR and seized the animals under Sections 291, 281, 125, and 3(5) of the Bharatiya Nyaya Sanhita, 2023, along with Sections 11(1)(a) and 11(1)(l) of the Prevention of Cruelty to Animals (PCA) Act, 1960

In recent court proceedings, the 9th Judicial Magistrate First Class (JMFC) Court in Thane granted interim custody of six horses to People for the Ethical Treatment of Animals (PETA) India. The horses had been used in illegal racing activities on a highway.

On October 8, PETA India filed an application for interim custody of six horses after the Kashigaon Police Station registered an FIR and seized the animals under Sections 291, 281, 125, and 3(5) of the Bharatiya Nyaya Sanhita, 2023, along with Sections 11(1)(a) and 11(1)(l) of the Prevention of Cruelty to Animals (PCA) Act, 1960. Acting in accordance with the Prevention of Cruelty to Animals (Care and Maintenance of Case Property Animals) Rules, 2017, the court granted PETA India’s request for interim custody and rejected the accused owners' application for custody of the horses.

"PETA India is deeply grateful to the Hon’ble Magistrate, Smt. Ruchi Bhagat, for acknowledging the horses’ suffering and ordering their interim rehabilitation to a sanctuary, where they will no longer endure whips or be forced to race," said Meet Ashar, PETA India's Cruelty Response Legal Advisor and Associate Director. "Now, these horses can finally begin to recover from the trauma and abuse they experienced."

In its petition, PETA India highlighted that under the Performing Animals (Registration) Rules, 2001, and its 2001 Amendment, animals cannot legally be used for training, exhibition, or performances without registration with the Animal Welfare Board of India (AWBI). Events like animal races violate the PCA Act, 1960, and may also contravene the Transport of Animals (Amendment) Rules, 2001. PETA India additionally referenced a 2016 Rajasthan High Court ruling that banned tonga races in the state after an AWBI study reported that forcing horses to run on roads amidst traffic causes inherent cruelty, stress, and fear for the animals. The petition also invoked Rule 3(b) of the Care and Maintenance of Case Property Animals Rules, 2017, which authorizes the Magistrate to grant custody of seized animals to an animal welfare organization. PETA India further relied on judicial precedents from the Hon’ble Supreme Court, various High Courts, and trial courts that support granting interim custody of seized animals to animal welfare organizations during trial to prevent continued abuse.

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