22 months after banning them, HC wants Victorias to ply

Court tells govt. to consider taxi permits for iconic horse-drawn carriages

Mumbai, 15/03/2016: The rider of illuminated Victoria also known as horse drawn carriage awaits for the customers mostly foreign tourists at Marine Drive. In a reply to year 2015 PIL filed by city-based NGO 'Animals and Birds Charitable Trust', Mumbai high court observe Victoria were "illegal and violative of Prevention of Cruelty to Animals Act", thus should be ban in a years time frame after state government comes up with rehabilatitation scheme of 700 families who are depending on Victoria. Presently there is stay on the ban. Photo: Prashant Nakwe.

The Bombay High Court said on Thursday that the State government consider framing a new policy that permits the iconic Victoria horse-drawn carriages to ply officially. The court also said taxi and auto permits for owners and riders of the Victorias must be considered.

The British-era styled carriages were banned by the HC in June 2015, which found them to be illegal and in violation of the Prevention of Cruelty to Animals Act. On Thursday, too, a Division Bench of Justices V.M. Kanade and A.S. Gadkari made it clear to the State government that laws against animal cruelty should be strictly adhered to while making the rules.

The Bench said, “We are taking a slight departure from the High Court’s judgement. You (government and BMC) need not stop it (horse-drawn carriages) altogether. It can be still used as joyrides for entertainment purposes and for tourist attraction. But then, authorities will have to carry out regular inspection to see that the horses are taken care of, are well fed and given adequate rest.”

While directing the BMC to take the Victorias off the city’s streets within a year of its order, the HC had told the State government to frame a comprehensive policy to rehabilitate those whom the ban would affect, such as carriage owners, drivers and the horses as well by December 31, 2015. The carriages, however, continue to offer joyrides in Colaba and on Marine Drive.

The HC ban order was in response to a PIL filed by NGO Animals and Birds Charitable Trust, alleging cruelty to the horses.

The PIL, which drew attention to the plight of the horses and ponies that draw the carriages, said the Victorias are not a mode of public conveyance, and shouldn’t be allowed to ply without being licensed under the Bombay Public Conveyance Act, 1920.

Though no steps have been taken in this regard yet, the State government informed the court that its policy for the rehabilitation of 221 families (91 carriage owners and 130 riders) was ready and would be placed before the Cabinet soon.

It added, “Such an arrangement will be good for the horse-drawn carriage owners and horse riders too. Some balance can be created. Separate policy or rules can be framed permitting them to be used for joyrides provided the provisions of the Prevention of Cruelty to Animals Act are followed,” the court said.