Banning Victorias: Putting the horse before the cart

VESTED INTEREST?
Horse owners alleged vested interests were at play. A proposed society of horse owners, Victoria owners, stable owners and those operating the carriages filed an affidavit that claimed one of the petitioners has business and construction interests; a South Mumbai locality where a stable is located is set to go under a slum redevelopment scheme; and that the land of one of the animal hospitals would be handed over to a developer. The High Court took note of the contention, but did not comment on it. The main petitioner in the case is the Animal and Birds Charitable Trust, run by Neeru Mittal, wife of Ashok Mittal of the Litolier Group.

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THE ISSUES
Licensing and traffic safety, and cruelty to animals. The court observed the Victorias were being used for joyrides, not as public conveyance or to transport goods — the two legally permissible activities. Also, Victoria owners did not have licences under the Public Conveyance Act, 1920. The traffic department of Mumbai Police told the court they were a safety risk, and asked for the carriages to be taken off the road. No stable owner could produce a valid licence either.

The court observed that the horses suffered from serious ailments. According to reports by NGOs such as In Defence of Animals, the period between January and July 2009 saw between 64 and 119 cases every month of horses suffering wounds and injuries. Veterinarian Dr Nilesh Bhamre showed that 87% of surveyed horses suffered from lameness and limb abnormalities, 80% from hoof problems, and 77% from wounds. The Society for Prevention of Cruelty to Animals (SPCA), had registered 96 cases of cruelty against these horses in 2010.

THE OUTCOME
Could it have been different had the Victorias been used for more than just joyrides? That these carriages did not ply for any other purpose was crucial, the court said. The petitioners’ main contention was that their operation did not fall under the category of “public conveyance” — however, had the Victorias been considered public conveyance, the traffic police would have had a critical say in the matter. And in this case, they were clear that they were a safety hazard.

OTHER CITIES
In 2010, Delhi banned tongas. According to Dr Manilal Valliyate, director of veterinary affairs for PETA India, Mumbai is the second city to ban the carriages. The HC order, Valliyate says, will ensure that owners will be more careful about the conditions of the stables, and more conscious about traffic restrictions. Victorias still operate in Lucknow, Kanpur, Jaipur, Hyderabad, Bhopal, Ooty and Kolkata — cities PETA plans to target next. “We have written to the municipal commissioners, highlighting how the Victorias violate traffic rules, public health safety, and are plain cruel to horses,” Valliyate said.