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A violation of rules, animal rights

By Lyla Bavadam



IN SAFE HANDS: A dog that survived in the fire in a Russian circus in Mumbai on Monday, being taken for medical treatment on Tuesday. — PTI

MUMBAI, APRIL 5. The fire last night in the Russian State Circus Company in Mumbai in which 21 circus animals were charred to death has brought into focus the controversial issue on the use of performing animals. This has been banned in India since 2001.

While short-circuiting is being blamed for the fire, the circumstances and the controversial history of the circus call for circumspect investigations to be carried out. The circus had finished its tour of Mumbai and was due to leave. The whereabouts of the event managers that brought the circus to India is not known and most of the performers have left.

The Central Government has framed and notified the Performing Animals (Registration) Rules, 2001 under the Prevention of Cruelty to Animals Act, 1960. Under these rules, it is mandatory for every organisation or circus to get permission from the Animal Welfare Board of India (AWBI) before exhibiting any animals.

Permission denied

AWBI refused permission to the Russian circus. In a letter dated January 17, 2005 its secretary, R. Balasubramanian, wrote, "The Russian circus has not been permitted to perform as they have not obtained permission from the Animal Welfare Board of India..."

Further support came from the People for the Ethical Treatment of Animals (PETA) who also cautioned the circus' event managers, Choice Events and Trade Pvt. Ltd., against bringing the animals to India saying they were liable to be confiscated. A petition to prevent the performance was also filed in the Bombay High Court by the Bombay Society for the Prevention of Cruelty to Animals. Despite the string of laws banning the performance preventing, the court ruled in favour of the performances saying the animals were physically fit for performance.

On March 27, the circus gave its last performance. Financial wrangling had come to the surface with the event managers quarrelling with the sponsors. The circus' illegal use of performing animals led to the Director-General of Foreign Trade forbidding the exit of the animals from the country.

Unable to take the animals out of the country the event managers and the circus dumped the animals on the show's sponsor, Jasmin Shah, who is Managing Director of a film finance company called Transmedia.

Police complaint

Mr. Shah lodged a police complaint against the circus pleading an inability to feed and care for the animals. He told The Hindu that he had been caring for the animals since March 27 spending Rs. 14,000 a day on their food and running five air-conditioners for their comfort.

Of the 21 animals that were trapped in their cages and burnt to death, the presence of the four sea lions was the most controversial.

The animals are protected under the Convention on International Traffic of Endangered Species (CITES) rules. Importing sea lions to India was a double violation since it broke CITES as well as AWBI rules.

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