Mumbai: In recent court proceedings, the Hon'ble 50th Judicial Magistrate First Class (JMFC) Court in Vikhroli, Mumbai, granted a Maharashtra-based sanctuary interim custody of twelve horses following their use in illegal horse-cart racing on the Eastern Expressway as a result of PETA India’s intervention. The race was reportedly conducted on 3 December between 3 and 4 a.m. It commenced in Ghatkopar East and proceeded towards Vikhroli.

Following PETA India’s complaint, the Pant Nagar Police Station registered a suo moto first information report (FIR) under Sections 125, 281, and 291 of the Bharatiya Nayaya Sanhita, 2023, and Section 11(1) of the Prevention of Cruelty to Animals (PCA) Act, 1960, against the unidentified organisers, horse-cart drivers, and others involved.

The CCTV cameras installed on the highway later identified the unidentified organisers and horse owners. PETA India collaborated with the police and ensured all twelve horses were seized.

12 Horses Rescued from Illegal Racing on Mumbai’s Eastern Expressway, Sent to Sanctuary

Subsequently, in compliance with the Prevention of Cruelty to Animals (Care and Maintenance of Case Property Animals) Rules, 2017, notified under the PCA Act, 1960, interim custody of the seized horses was granted to a Maharashtra based sanctuary.

12 Horses Rescued from Illegal Racing on Mumbai’s Eastern Expressway, Sent to Sanctuary

“We urge the Mumbai Police and the Brihanmumbai Municipal Corporation (BMC) to take swift action to prevent the keeping of horses in Mumbai in unlicensed stables,” says PETA India Cruelty Response Legal Advisor and Associate Director Meet Ashar.

12 Horses Rescued from Illegal Racing on Mumbai’s Eastern Expressway, Sent to Sanctuary

“PETA India is grateful to the Court of Hon’ble Magistrate Shri J. R. Mulani for considering the horses’ plight and directing their interim rehabilitation to a sanctuary where they would never face a whip or be forced to race. We also extend our sincere appreciation to Mahesh Patil, IPS, Additional Commissioner of Police, Eastern Region; Vijaykant Sagar, Deputy Commissioner of Police, Zone VII; and Manohar Avhad, Senior Police Inspector, Pant Nagar Police Station, for promptly registering a suo moto FIR and sending a clear message that cruelty to animals will not be tolerated.”

12 Horses Rescued from Illegal Racing on Mumbai’s Eastern Expressway, Sent to Sanctuary

PETA India pointed out in its complaint that under the Performing Animals (Registration) Rules, 2001, no animal can be legally used for training, exhibition, or performances without being registered with the Animal Welfare Board of India (AWBI). Spectacles such as animal races violate the PCA Act of 1960 and may violate the Transport of Animals Rules, 2001.

12 Horses Rescued from Illegal Racing on Mumbai’s Eastern Expressway, Sent to Sanctuary

In addition, PETA India referred to a 2016 Rajasthan High Court order that banned tonga races in the state following a study report submitted by the AWBI. The report highlighted that cruelty to horses is inherent when they’re forced to run on roads amid traffic conditions that are frightening and distressing for them.

12 Horses Rescued from Illegal Racing on Mumbai’s Eastern Expressway, Sent to Sanctuary

Rule 3(b) of the Care and Maintenance of Case Property Animals Rules, 2017, empowers the Magistrate to grant custody of seized animals to an animal welfare organisation.

There are judicial precedents of the Hon’ble Supreme Court, various High Courts and trial courts concerning interim custody of seized animals being vested with animal welfare organisations until the pendency of trial to avoid further abuse.