Gujarat HC Seeks Personal Affidavit From Union Secretary on Glue Trap Ban

Ahmedabad: The Gujarat High Court has directed the Secretary of the Ministry of Fisheries, Animal Husbandry and Dairying to personally file an affidavit explaining the Union government’s position on framing statutory rules or delegating powers to enforce a ban on glue traps used to catch rodents.

The direction was issued by a Division Bench headed by Chief Justice Sunita Agarwal during the hearing of a public interest litigation on September 25, 2026. The court has posted the matter for October 16 at noon and said that an adverse view may be taken if the affidavit is not filed.

The PIL concerns the manufacture, sale and use of glue traps, which the petitioner has challenged on the ground that they cause unnecessary pain and suffering to animals.

AWBI advisories

An affidavit filed by the Secretary of the Animal Welfare Board of India (AWBI) informed the court that the Board had issued advisories in August 2011 and November 2020 to the Chief Secretaries of all States and Union Territories, the Director General of Foreign Trade and the Indian Pest Control Association.

The advisories called for measures to prohibit the manufacture, sale and use of glue traps, stating that the method causes unnecessary pain and suffering to rodents and is contrary to the spirit of Section 11 of the Prevention of Cruelty to Animals Act, 1960.

The court, however, noted that the AWBI is an advisory body under Sections 4 and 9(1) of the Act and does not itself possess independent statutory enforcement powers.

Gujarat ban and continued sales

Gujarat has issued directions prohibiting the manufacture, sale, storage and use of glue traps for catching rats, rodents and mice. The Gujarat State Animal Welfare Board’s official circulars also call for prohibition of the manufacture, sale and use of illegal glue traps.

Despite these measures, the court noted that glue traps continue to be available through e-commerce platforms, retail outlets and commercial establishments.

The issue of online availability had also come up during earlier hearings. The State had informed the court that such products were not manufactured locally but were being procured by traders through e-commerce platforms.

Court examines statutory powers

The Division Bench examined the provisions of the Prevention of Cruelty to Animals Act and observed that the Central Government has the rule-making power under Section 38.

According to the court’s consideration of the statutory framework, effective rules specifically prohibiting the manufacture, sale or use of equipment such as glue traps would need to be framed under the Central legislation. Section 37 also provides for delegation of certain powers to State Governments.

The court noted that in the absence of such Central rules or delegation, State-level measures face limitations in creating and enforcing a comprehensive statutory prohibition against manufacturers, sellers and online platforms.

The Gujarat government had earlier pursued a proposal for a State amendment to prohibit the manufacture, sale and use of glue traps. The High Court had repeatedly sought progress on the proposal. In March 2026, the court was informed that the proposal remained at the inter-departmental discussion stage.

Union government asked to respond

During the September 25 hearing, the High Court expressed displeasure over the failure of the Union government to file its response despite earlier directions issued in August and September.

The court has now directed the Secretary of the Ministry of Fisheries, Animal Husbandry and Dairying in New Delhi to personally file an affidavit setting out the Union government’s position on whether statutory rules should be framed under the PCA Act or powers should be delegated to the States.

The matter will next be heard on October 16, 2026, at 12 noon. The court has also directed the Union government’s standing counsel to remain physically present at the next hearing.