New Delhi: Pets cannot be treated as “inanimate objects”, Delhi high court has said, emphasising that the emotional bond between pets and their caregivers must be given due consideration in disputes over custody.It pointed out that unlike objects, animals are sentient beings and develop strong emotional connections with those who care for them. HC was hearing a case involving three rescued pet dogs that were recovered during a police raid linked to allegations of animal cruelty.Once they were rescued, the police handed over the canines to an NGO which later ensured they were handled properly by interested care givers. However, a man claiming to be their original owner sought their return and got an order from the trial court to secure the three dogs custody, leading to the caregivers challenging the same in HC.“One cannot ignore the emotional bond that gets created between the person adopting the pet and the pet itself,” HC said as it noted that separating pets from their adoptive caregivers could cause significant emotional trauma to the animals, and such factors must be kept in mind while deciding custody issues.The court set aside the trial court direction and ordered that the three dogs, Mishti, Coco and Cotton, be handed back to the petitioners, subject to conditions, including production of the animals before the trial court when required.HC made it clear if the original owner is ultimately acquitted of the charge of cruelty, giving back the custody of the three pets may be reconsidered, keeping the welfare of the animals in mind.The police had booked the owner under Section 11 of the Prevention of Cruelty to Animals Act, relating to punishment for cruelty to animals. The section says whoever beats, kicks, overrides, overdrives, overloads, tortures or otherwise subjects an animal to unnecessary pain or suffering will be punished with a fine or imprisonment.
