Petitioning Joint Secretary (Coordination and Public Grievances) and 15 others

Rescue Sunder baby Elephant: Compliance article 51 A (g) of Indian Constitution - Naresh Kadyan

51A. Fundamental duties It shall be the duty of every citizen of India (a) to abide by the Constitution and respect its ideals and institutions, the national Flag and the National Anthem;

(b) to cherish and follow the noble ideals which inspired our national struggle for freedom; (c) to uphold and protect the sovereignty, unity and integrity of India; (d) to defend the country and render national service when called upon to do so; (e) to promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities; to renounce practices derogatory to the dignity of women; (f) to value and preserve the rich heritage of our composite culture; (g) to protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures; (h) to develop the scientific temper, humanism and the spirit of inquiry and reform; (i) to safeguard public property and to abjure violence; (j) to strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavour and achievement PART V THE UNION CHAPTER I THE EXECUTIVE The President and Vice President

Animal Welfare :

The Prevention of Cruelty to Animals Act was enacted in 1960 to prevent the infliction of unnecessary pain or suffering on animals and to amend the laws relating to the prevention of cruelty to animals. After the enactment of this Act, the Animal Board of India was formed for the promotion of animal welfare.

Act

No.59 of 1960 - The Prevention of Cruelty to Animals Act, 1960.

Rules

S.O. 1995 (E) [27/07/2010] - Prevention of Cruelty to Animals (Slaughter House) Amendment Rules 2010.

S.O.714(E), [26/03/2010] - Animal Birth Control(Dogs) Rules, 2009.

S.O.1818(E), [23/10/2006] - Breeding of and Experiments on Animals (Control and Supervision )Amendment Rules, 2006.

S.O.1817(E), [19/10/2006] - Reconstitution of Committee for the Purpose of Control and Supervision of Experiments on Animals(CPCSEA).

S.O.42(E), [14/01/2006] - Breeding of and Experiments on Animals (Control and Supervision )Amendment Rules, 2005.

S.O.1256(E), [24/12/2001] - The Animal Birth Control (Dogs) Rules, 2001.

S.O.267(E), [26/3/2001] - The Performing Animals (Registration) Rules, 2001.

S.O.35(E), [8/1/2002] - The Performing Animals (Registration) Amendment Rules, 2001.

S.O.271(E), [26/3/2001] - The Prevention of Cruelty to Animals (Establishment and Regulation of Societies for Prevention of Cruelty to Animals) Rules, 2001.

S.O.270(E), [26/3/2001] - The Prevention of Cruelty to Animals (Slaughter House) Rules, 2001.

S.O.268(E), [26/3/2001] - The Prevention of Cruelty to Animals (Transport of Animals on Foot) Rules, 2001.

S.O.134(E), [15/2/2001] - The Breeding of and Experiments on animals (Control and Supervision) Amendment Rules, 2001.

S.O.1074, [15/12/1998] - The Breeding of and Experiments on Animals (Control and Supervision) Rules, 1998.

S.O.732(E), [26/8/1998] - The Experiments on Animals (controls and Supervision) (Amendment) Rules, 1998.

S.O.No.1056, [13/3/1979] - The Prevention of Cruelty (Capture of Animals) Rules, 1972.

No.14-20/76-LD.I, [30/11/1978] - The Prevention of Cruelty to Animals (Registration of Cattle Premises) Rules, 1978.

No. 18-6/70-LDI, [23/3/1978] - The Transport of Animals Rules, 1978 .

S.O.269(E), [26/3/2001] - The Transport of Animals (Amendment) Rules, 2001.

No.14-21/76-LD.I, [15/2/1978] - The Prevention of Cruelty to Animals (Application of Fines) Rules, 1978.

No.35-4/72-LD.I, [22/5/1973] - The Performing Animals Rules, 1973.

No.9-18/62-LD, [23/3/1965] - The Prevention of Cruelty to Animals (Licensing of Farriers) Rules, 1965.

No.9-18/68-LD, [23/3/1965] - The Prevention of Cruelty to Draught and Pack Animals Rules, 1965, amended 1968.

Notifications

G.S.R.619(E), [14/10/1998] - The Prevention of Cruelty to Animals (Restricted to Exhibit on Trained as a Performing Animals).

Wildlife :

The Government of India enacted Wild Life (Protection) Act 1972 with the objective of effectively protecting the wild life of this country and to control poaching, smuggling and illegal trade in wildlife and its derivatives. The Act was amended in January 2003 and punishment and penalty for offences under the Act have been made more stringent. The Ministry has proposed further amendments in the law by introducing more rigid measures to strengthen the Act. The objective is to provide protection to the listed endangered flora and fauna and ecologically important protected areas.

Act

No. 16 of 2003, [17/1/2003] - The Wild Life (Protection) Amendment Act, 2002

The Indian Wildlife (Protection) Act, 1972, amended 1993.

Bill

Draft Wild Life (Protection) Amendment Bill 2010
Statement of Objects and Reasons
Explanatory Note

Rules

Recognition of Zoo Rules, 2009. English, Hindi

S.O.1092(E), [22/9/2003] - The National Board for Wild Life Rules, 2003.

S.O.445(E), [18/4/2003] - The Declaration of Wild Life Stock Rules, 2003.

G.S.R.350(E), [18/4/1995] - The Wildlife (Specified Plant Stock Declaration) Central Rules, 1995.

G.S.R.349(E), [18/4/1995] - The Wildlife (Specified Plants - Conditions for Possession by Licensee) Rules, 1995.

G.S.R.348(E), [18/4/1995] - The Wildlife (Protection) Rules, 1995.

Recognition of Zoo Rules, 1992.

G.S.R.328(E), [13/4/1983] - The Wildlife (Protection) Licensing (Additional Matters for Consideration) Rules, 1983.

G.S.R.29(E), [25/1/1973] - The Wildlife (Stock Declaration) Central Rules, 1973.

G.S.R.198(E), [9/4/1973] - The Wildlife (Transaction and Taxidermy) Rules, 1973.

Notifications

S.O.2180(E), [4/9/2010] - Amendments to Constitution of the National Board for Wild Life.

S.O.802(E), [16/05/2007] - The National Board for Wild Life Rules, 2007.

S.O.1093(E), [22/9/2003] - Constitution of the National Board for Wild Life.

S.O.1091(E), [22/9/2003] - Coming into force of section 6 of the Wild Life (Protection) Amendment Act, 2002 (16 of 2003).

S.O.446(E), [18/4/2003] - Delegation of Powers of section 58E of the Wild Life (Protection) Act, 1972 (53 of 1972).

S.O.447(E), [18/4/2003] - Delegation of Powers of section 54 of the Wild Life (Protection) Act, 1972 (53 of 1972).

S.O.332(E), [28/3/2003] - Coming into force of all the provisions except section 6 of the Wild Life (Protection) Amendment Act, 2002 (16 of 2003).

S.O.1085(E), [30/9/2002] - Amendments to Schedule I and Part II of Schedule II of the Wild Life (Protection) Act, 1972 (53 of 1972).

S.O.1197(E), [5/12/2001] - Amendments to Schedule I and Schedule IV of the Wild Life (Protection) Act, 1972 (53 of 1972).

S.O.665(E), [11/7/2001] - Amendments to Schedule I and Schedule III of the Wild Life (Protection) Act, 1972 (53 of 1972).

S.O.474(E), [28/5/2001] - Additions to Schedule I of the Wild Life (Protection) Act, 1972 (53 of 1972).

Guidelines

Guidelines for Appointment of Honorary Wildlife Wardens.

 

Letter to
Joint Secretary (Coordination and Public Grievances)
OIPA - Indian People for Animals
Hon'ble Speaker, Lok Sabha
and 13 others
AWD
HE Vice President of India
HE President of India
The Cabinet Secretary to the Govt. of India
Rajya Sabha Committee for Petitions
The Secretary to the MoEF
Hon'ble Minister of Environment and Forest
Hon'ble Minister of Home Affairs
Inspector General of Forests, Dr. Rajesh Gopal
The Wildlife Crime Control Bureau
Member Secretary , Central Zoo Authority of India, New Delhi Mr.B.S.Bonal, IFS
Hon'ble Prime Minister of India
Inspector General, Forest and Wildlife
51A. Fundamental duties It shall be the duty of every citizen of India (a) to abide by the Constitution and respect its ideals and institutions, the national Flag and the National Anthem;
(b) to cherish and follow the noble ideals which inspired our national struggle for freedom;
(c) to uphold and protect the sovereignty, unity and integrity of India;
(d) to defend the country and render national service when called upon to do so;
(e) to promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities; to renounce practices derogatory to the dignity of women;
(f) to value and preserve the rich heritage of our composite culture;
(g) to protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures;
(h) to develop the scientific temper, humanism and the spirit of inquiry and reform;
(i) to safeguard public property and to abjure violence;
(j) to strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavour and achievement PART V THE UNION CHAPTER I THE EXECUTIVE The President and Vice President

Animal Welfare :

The Prevention of Cruelty to Animals Act was enacted in 1960 to prevent the infliction of unnecessary pain or suffering on animals and to amend the laws relating to the prevention of cruelty to animals. After the enactment of this Act, the Animal Board of India was formed for the promotion of animal welfare.

Act

No.59 of 1960 - The Prevention of Cruelty to Animals Act, 1960.

Rules

S.O. 1995 (E) [27/07/2010] - Prevention of Cruelty to Animals (Slaughter House) Amendment Rules 2010.

S.O.714(E), [26/03/2010] - Animal Birth Control(Dogs) Rules, 2009.

S.O.1818(E), [23/10/2006] - Breeding of and Experiments on Animals (Control and Supervision )Amendment Rules, 2006.

S.O.1817(E), [19/10/2006] - Reconstitution of Committee for the Purpose of Control and Supervision of Experiments on Animals(CPCSEA).

S.O.42(E), [14/01/2006] - Breeding of and Experiments on Animals (Control and Supervision )Amendment Rules, 2005.

S.O.1256(E), [24/12/2001] - The Animal Birth Control (Dogs) Rules, 2001.

S.O.267(E), [26/3/2001] - The Performing Animals (Registration) Rules, 2001.

S.O.35(E), [8/1/2002] - The Performing Animals (Registration) Amendment Rules, 2001.

S.O.271(E), [26/3/2001] - The Prevention of Cruelty to Animals (Establishment and Regulation of Societies for Prevention of Cruelty to Animals) Rules, 2001.

S.O.270(E), [26/3/2001] - The Prevention of Cruelty to Animals (Slaughter House) Rules, 2001.

S.O.268(E), [26/3/2001] - The Prevention of Cruelty to Animals (Transport of Animals on Foot) Rules, 2001.

S.O.134(E), [15/2/2001] - The Breeding of and Experiments on animals (Control and Supervision) Amendment Rules, 2001.

S.O.1074, [15/12/1998] - The Breeding of and Experiments on Animals (Control and Supervision) Rules, 1998.

S.O.732(E), [26/8/1998] - The Experiments on Animals (controls and Supervision) (Amendment) Rules, 1998.

S.O.No.1056, [13/3/1979] - The Prevention of Cruelty (Capture of Animals) Rules, 1972.

No.14-20/76-LD.I, [30/11/1978] - The Prevention of Cruelty to Animals (Registration of Cattle Premises) Rules, 1978.

No. 18-6/70-LDI, [23/3/1978] - The Transport of Animals Rules, 1978 .

S.O.269(E), [26/3/2001] - The Transport of Animals (Amendment) Rules, 2001.

No.14-21/76-LD.I, [15/2/1978] - The Prevention of Cruelty to Animals (Application of Fines) Rules, 1978.

No.35-4/72-LD.I, [22/5/1973] - The Performing Animals Rules, 1973.

No.9-18/62-LD, [23/3/1965] - The Prevention of Cruelty to Animals (Licensing of Farriers) Rules, 1965.

No.9-18/68-LD, [23/3/1965] - The Prevention of Cruelty to Draught and Pack Animals Rules, 1965, amended 1968.

Notifications

G.S.R.619(E), [14/10/1998] - The Prevention of Cruelty to Animals (Restricted to Exhibit on Trained as a Performing Animals).

Wildlife :

The Government of India enacted Wild Life (Protection) Act 1972 with the objective of effectively protecting the wild life of this country and to control poaching, smuggling and illegal trade in wildlife and its derivatives. The Act was amended in January 2003 and punishment and penalty for offences under the Act have been made more stringent. The Ministry has proposed further amendments in the law by introducing more rigid measures to strengthen the Act. The objective is to provide protection to the listed endangered flora and fauna and ecologically important protected areas.

Act

No. 16 of 2003, [17/1/2003] - The Wild Life (Protection) Amendment Act, 2002

The Indian Wildlife (Protection) Act, 1972, amended 1993.

Bill

Draft Wild Life (Protection) Amendment Bill 2010
Statement of Objects and Reasons
Explanatory Note

Rules

Recognition of Zoo Rules, 2009. English, Hindi

S.O.1092(E), [22/9/2003] - The National Board for Wild Life Rules, 2003.

S.O.445(E), [18/4/2003] - The Declaration of Wild Life Stock Rules, 2003.

G.S.R.350(E), [18/4/1995] - The Wildlife (Specified Plant Stock Declaration) Central Rules, 1995.

G.S.R.349(E), [18/4/1995] - The Wildlife (Specified Plants - Conditions for Possession by Licensee) Rules, 1995.

G.S.R.348(E), [18/4/1995] - The Wildlife (Protection) Rules, 1995.

Recognition of Zoo Rules, 1992.

G.S.R.328(E), [13/4/1983] - The Wildlife (Protection) Licensing (Additional Matters for Consideration) Rules, 1983.

G.S.R.29(E), [25/1/1973] - The Wildlife (Stock Declaration) Central Rules, 1973.

G.S.R.198(E), [9/4/1973] - The Wildlife (Transaction and Taxidermy) Rules, 1973.

Notifications

S.O.2180(E), [4/9/2010] - Amendments to Constitution of the National Board for Wild Life.

S.O.802(E), [16/05/2007] - The National Board for Wild Life Rules, 2007.

S.O.1093(E), [22/9/2003] - Constitution of the National Board for Wild Life.

S.O.1091(E), [22/9/2003] - Coming into force of section 6 of the Wild Life (Protection) Amendment Act, 2002 (16 of 2003).

S.O.446(E), [18/4/2003] - Delegation of Powers of section 58E of the Wild Life (Protection) Act, 1972 (53 of 1972).

S.O.447(E), [18/4/2003] - Delegation of Powers of section 54 of the Wild Life (Protection) Act, 1972 (53 of 1972).

S.O.332(E), [28/3/2003] - Coming into force of all the provisions except section 6 of the Wild Life (Protection) Amendment Act, 2002 (16 of 2003).

S.O.1085(E), [30/9/2002] - Amendments to Schedule I and Part II of Schedule II of the Wild Life (Protection) Act, 1972 (53 of 1972).

S.O.1197(E), [5/12/2001] - Amendments to Schedule I and Schedule IV of the Wild Life (Protection) Act, 1972 (53 of 1972).

S.O.665(E), [11/7/2001] - Amendments to Schedule I and Schedule III of the Wild Life (Protection) Act, 1972 (53 of 1972).

S.O.474(E), [28/5/2001] - Additions to Schedule I of the Wild Life (Protection) Act, 1972 (53 of 1972).

Guidelines

Guidelines for Appointment of Honorary Wildlife Wardens.

Delete article 51 A (g) of Indian Constitution, if Govt. is not serious to implement it honestly
because above said legislation's are meant for animals, where as toothless the Prevention of Cruelty to Animals Act, 1960 and all rules made out under section 38 are non-cognizable offense in legal terms along with minor punishments and active / result oriented peoples are ignored while constituting Govt. bodies.
Let us pay our kind homage and tribute to Dr. B. R. Ambedkar on his death anniversary and be serious to minimize the stress, pain and injury to all living creatures of almighty, equal opportunity should be given to all deserving candidates while nominating people in Govt. Organizations, people should not be allowed for a similar position again and again as you are doing in Animal Welfare Board of India - AWBI and so on.
Right to Information Act, 2005 :
* Who recommend who to get birth in Govt. Organizations, Board and Corporations, detailed information required since 1995 onwards , reasons for nominations along with performance during their tenure and why same persons repeated again and again?
* Is there any proposal to amend above mentioned all legislation's and how much time it will take?, How many questions raised in Indian Parliament by Smt. Maneka Gandhi about amendment in the legislation's for animals since 1989 her first day to till date?
* Camels and Elephants are not included in the rules made out for their transportation either by rail, road, air, ship or on foot.
* Why Elephants are in captivities being an National heritage animal, Is there any proposal to introduce legislation to rescue and rehabilitation, how much time it will take?.
* Notifications are not yet issued to impose ban on peacock feathers trade, smooth working of dog breeders, fish aquarium and owners as well, how much time it will take?.
* How many Infirmaries set up u/s 35 of the PCA Act, 1960 are working in India, SPCA's as well - please provide us complete details about both of them, if not set up yet then what are the reasons behind?
* Let us the know the reasons behind to opt the members in AWBI by pick and choose basis and many peoples gifted with out experience, affiliation to any recognized AWO's, please indicate their contribution towards animal rights and their welfare as well.
* HAWO are also nominated by AWBI, please provide complete list of all HAWO's / Opted members along with their performance since 1995 onwards till date.
* Master Trainer / Trainer / Inspector list update since 1995 onwards till date and how many peoples are blessed with Police powers u/s 34 of the PCA Act, 1960.
* How many FIR's of animal abused are lodged in India / peoples are convicted, debar to be an owner, animals seized since 1995 onwards till date along with present status of pending court cases all over India?.
* Please provide us a complete list of registration No's of all vehicles caught in animal abuse all over India since 1995 onwards till date, First offense, second and so on, whether vehicle driver was booked or owner?
* CPCSEA dropped many nominees and some new peoples are nominated, please supply the list of dropped nominee along with the reasons and reasons for new nominee.
* NIAW - List of people trained, amount spent to set up NIAW since beginning till date, how many Organizations involved to manage NIAW, what facilities are there for animals?
* How many state constituted Animal Welfare Board and Wildlife Advisory Board in their respective area and nominated Hon. Wildlife Wardens?
* Do you considered Naresh Kadyan, Internationally renowned animal rights activist in India, to appoint him Chairman / Vice Chairman to the Animal Welfare Board of India / CPCSEA / Wildlife Advisory Board, nomination to Rajya Sabha - Lok Sabha / Padama awards along with any other awards category to recognize his contribution to raise voice for animal rights and their welfare?. It would be pertinent to mention here that AWBI declared him STAR OF THE MONTH when he showed his dedication toward cause in Nawab Pataudi black buck poaching in Haryana, he is facing counter criminal FIR against him for no reasons, where as Smt. Maneka Gandhi and Shri Ashok Kumar of WTI were not booked being an co sharers of the act, Is there any proposal to reinvestigation ?.
* Do you know that Naresh Kadyan lodged maximum FIR's of animal abuse, maximum rescue from Indian circuses, lodged FIR against cow smuggling via cattle special trains on 10-12-2000 with GRP, Faridabad and on 28-12-2000 with GRP, Gaziabad?
* Do you know that Naresh Kadyan played a key role to eliminate performing animals abuse and he introduced rehabilitation scheme, which was successfully adopted in dancing bear matter?
* How many nominations received for Padama awards to animal rights activist?
* How much amount has been spent to protect Tigers since 1972 till date, Is there any proposal to speed up trial of wildlife crime offenders?
* What steps you have taken to implement National Cattle Commission Report, 2002 recommendations?
* Section 28 of the Prevention of Cruelty to Animals Act, 1960 allowed animal sacrifice for religion purpose, where as there are so many Supreme Court - High Court verdict to ban animal sacrifice, Is there any proposal to delete this section from the PCA Act, 1960, steps taken to prevent animal sacrifice for religion in India?
* How many wild performing animals bears, lions, tigers, Panthers and Monkeys were rescued since 1995 to till date, please indicate their present status alive or dead with reasons and how many Monkeys are still on roads dancing in captivity after wearing cloths, What legal action has been taken against all offenders?
* Indian citizens were given opportunity to declare Wild animals trophies in 2003, all declarations might be verified by the concerned authorities. How many declaration found bogus and what action was taken against offenders, if not decided yet then what are the reasons behind?
* Feature films, TV serials, high profile offenders and documentaries are followed by AWBI and high profile so called animal rights activist, where as they are not so much serious about ABC, amendment in existed laws, treatment, care and shelter for animals in distress, Why?
* CZA ban Elephants in Indian Zoo's, where as circuses are also covered under zoo definition but Elephants are still suffering a lot, not yet rescued and rehabilitated, Why?
* Mongoose hair paint brushes and Conchs are openly traded along with rare wild species, Langur hired to keep monkey away by many Govt. Organizations, Why and what steps you have taken?
* Stop killing of tiger, leopard, wild boar, monkeys, blue bulls, black buck, samber, deer, rabbits etc in India and remove encroachments in forest land.
* Protect our marine life along with coastal area's.
* Why double standard for animals in Jammu and Kashmir due to 370?, Indian legislation's for animals should be same all over the country.
* Foreign species - exotic birds and animals also be protected under strong legislation cover not like toothless PCA Act, 1960. Offenses against animals should be cognizable, non-bailable in legal terms.
* Govt. should clarify, amend, delete and make rules or regulations on these as BSF shifting camels and Indian Army - Police moving horses for parade / band / show in cruel manner from one place to another:
THE PREVENTION OF CRUELTY TO ANIMALS ACT, 1960 -
27. Exemptions : Nothing contained in this Chapter shall apply to -

(a) the training of animals for bonafide military or police purpose or the exhibition of any animals so trained; or

(b) any animals kept in any zoological garden or by any society or association which has for its principal object the exhibition of animals for educational or scientific purposes.

28. Saving as respects manner of killing prescribed by religion : Nothing contained in this Act shall render it an offence to kill any animal in a manner required by the religion of any community.

40. Indemnity : No suit, prosecution or other legal proceeding shall lie against any person who is, or who is deemed to be a public servant within the meaning of section 21 of the Indian Penal Code in respect of anything in good faith done or intended to be done under this Act.
Animal Welfare Act, 2011 draft be placed before Indian Parliament, till then issue Ordinance replacing toothless Prevention of Cruelty to Animals Act, 1960. Delete article 51 A (g) of Indian Constitution, if Govt. failed to implement, rescue Sunder baby elephant.