Uttarakhand High Court observed

The High Court passed several directions in a PIL filed by animal welfare activist Gauri Maulakhi highlighting the plight of equines used for the Kedarnath Yatra route.

The Uttarakhand High Court recently issued a number of directions to ensure the health and well-being of mules, horses etc (equines) used while trekking the Kedarnath Yatra [Gauri Maulekhi Vs State of Uttarakhand and others].

Among other directions, the bench of Chief Justice Vipin Singhi and Justice Rakesh Thapliyal directed the State to formulate schemes and rules to blacklist handlers and owners who are found being cruel or maltreating their equines.

The Court opined that merely fining such handlers is not sufficient. The only effective way to curb such cruelty is by blacklisting those handlers or owners found subjecting their equines to cruelty and maltreatment, it added.

“It is only the fear of being debarred from carrying on their business, that will drive the erring handlers/ owners of equines, to fall in line,” the Court said.

The Court also directed the District Magistrate of Rudraprayag and other authorities to ensure such equines are not deployed between sunset and sunrise, so they may have sufficient rest breaks.

This direction is applicable to the use of equines in the Kedarnath, Yamunotri, and Hemkund Sahib yatras.

An order restricting the use of such animals between sunset and sunrise has already been issued, the District Magistrate told the High Court. The Court emphasised that this order should be strictly complied with.

The Court further ordered that only registered equines and handlers should be permitted to cross the barrier at the start of the yatra route.

“The purpose of registration of Equines and handlers would lose its significance and purpose if even unregistered Equines and handlers are able to pass the barrier unchecked,” the Court said.

The Court passed the directions on a public interest litigation (PIL) petition filed in 2022 by animal rights activist Gauri Maulekhi who highlighted the plight of equines used for the Kedarnath Yatra route by their handlers and owners.

She also informed the Court that equines that are no longer considered good enough to carry pilgrims are often overloaded beyond capacity in being made to carry provisions, raw materials and equipment.

When they are not able to carry the load, they are subjected to cruel and violent treatment often resulting in their death, she added. She also alleged that equines are treated to excessive cruelty by handlers sometimes so that when they die, their insurance claims mature.

The Court asked the State to compile data on equine deaths and analyse the reasons for such deaths.

“The grant of insurance cover, in respect of the equines should not become a reason for their being subjected to cruelty and maltreatment, resulting in their death, particularly, after they are of no use to their handler due to their age, injuries etc.,” the Court said.

The Court also opined that only genuine insurance claims should be allowed, where the equine deaths take place for reasons not attributable to the handler. Notably, the High Court also directed the State to implement a Stampede Prevention Mechanism along the pilgrimage route, to prevent any accident involving a large number of people. The Court emphasised that the State has a responsibility to ensure the safety of pilgrims and others passing through such routes. The matter will be heard again on September 20.