SUGGESTIONS TO STRENGTHEN THE CENTRAL MOTOR VEHICLES (AMENDMENT) RULES, 2014 WITH DETAILED DELIBERATIONS
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The Joint Secretary (Transport),
Ministry of Road Transport & Highways,
Transport Bhawan, Parliament Street,
New Delhi - 110001.
Hon Minsiter Mr Nitin Gadkari,
Ref.: MINISTRY OF ROAD TRANSPORT AND HIGHWAYS NOTIFICATION Dtd.: 27th October, 2014. G.S.R. 745(E)
DETAILED DELIBERATIONS WITH SUGGESTIONS TO STRENGTHEN THE CENTRAL MOTOR VEHICLES (AMENDMENT) RULES, 2014.
In order to prevent the merciless cruelty meted to animal and to curb soaring illegal slaughtering activities during last one decade best and easiest solution is to cut the nerve system of this misdeed. For abattoirs Raw material is single product (cattle) which need to reach till the gate of illegal / legally operated slaughter house. It’s not possible without Transport. Logistic is nerve system. Despite of set of rules in very much existence during transportation of cattle, grave violations of all the laws of land is open secret. And to add fuel in fire, present laws are also toothless, chronic and ineffective to deal with delinquencies, central law and state law has major ambiguities & contradictions. It seems these all are engineered to facilitate delinquents. Our aim is to subvert this ongoing Vandalism. We suggest few easy, effective and unchallengeable steps:
Transport companies and operators are having unholy nexus with butchers and their agents and they play instrumental role in misdemeanor. They pay huge bribe to all concern agencies and evolve vandalism. They have cartel too, to dominate check posts, chungi, octroinaka, RTO posts, police dept etc.. and perhaps with all law enforcing agencies in many cases. They violate all the laws while transporting cattle and earn huge profit and generate huge black money empire. Transport fleet owner, engaged in cattle transportation are found to own 600 trucks to 800trucks. Now cattle are found transporting in containers! Also found in Milk tankers! Then little purpose will serve by just writing on vehicle “LIVESTOCK CARRIER! Thus all inhuman, barbaric practices are routine course for transport companies. The New policy should clearly direct law enforcing agencies that, the moment such violation is noticed during transportation permit of the vehicle should be cancelled, vehicle should be impounded license of the driver should be suspended for five years for 1st offence and on subsequent offence driver should lose permanent license. Driver & cleaner should be jailed. Biometric test of offender’s driver should be recorded and circulate across all RTO and licensing agencies. And in case of repeated offence all the licenses of Transport Company should be cancelled and his owner / director should be punished with imprisonment and heavy penalty should fined. Vehicle in all violation case should be confiscated until case disposed finally. RTO and police of pertaining jurisdiction should made respondent during case. And police should immediately file FIR. The Good vehicle act / Motor transport act has to be modified and should plug all the loopholes. Interstate cattle transportation should ban strictly. Cattle cannot be transported in goods vehicle, if found the vehicle should be confiscated. Separate vehicle should be designed to transport cattle, whenever it require for specific purpose. No cattle should be transported in wagon & railway.
IMPLEMENTATION OF EXISTING LAWS A MAJOR CONCERN:
Transport of Animals Rules, 1978,Transport of Animals (Amendment) Rules 2001, Transport of Animals (Amendment) Rules 2009, Rules for transportation of birds and poultries, India Railway Rules (Chapter IV) – Rules & Rates for Live-stock & other Animals etc.. All rules pertaining to subject has to be strictly implemented. Most of the time it is noticed RTO & Police are showing grievous laxity due to unholy nexus with delinquents in implementing above laws. National wide in 99% cases unabated violations are consecutively happening. Rate of serious violations in transportation of Birds & Poultries are to 100% extent! Unfortunately unholy nexus between police, RTO and criminals are so water tight that all the glitch happening are with active support of corrupted Police & RTO. Time has come to frame a policy where responsible officer should be considered as guilty as offender. It seems law enforcement agencies are working for these criminals.
Animal activists, Animal officer, Jivdayapremi, Pashurakshak, NGO, Institutions etc engaged in protecting animal rights and welfare should be well protected (which is commonly not happening rater they have to pass thru’ lot of oppressions). Whenever they stop the vehicle where violation is noticed they seldom get support from police and RTO, They have to pass thru deplorable harassment. At present nationwide situation is like to save animal from butcher / transporter is nightmare and corrupted law enforcement agencies leave no stone unturned to see that they never venture again or indulge in activities of protecting animal rights. Police should take FIR immediately. RTO and Police should protect the activist and support the activists. They should award & encourage those dedicated selfless, brave people.
We have some more suggestions
Replace the toothless legislation Prevention of Cruelty to Animals Act, 1960 including Transport of Animals, Rules for transportation of birds and poultries, Rules, India Railway Rules (Chapter IV) – Rules & Rates for Live-stock & other Animals etc and all offenses against animals may kindly be treated as cognizable, non bailable offense in legal terms along with strong punishments
Camel is an Indian species with its natural habitat in Rajasthan and Gujarat. The interstate shifting of these animals may kindly be prohibited from its natural habitat to other part of India; there are no transportation guidelines, rules and regulations for camels, which may kindly be prepared along with the prototype of special vehicles.
Animal; being an living creature cannot be treated as goods and all offenses against animals may kindly be try and decide by a special fast track court and animal abusers Nation wise registry may kindly be prepared and warehoused in crime record bureau, to identify the second offense against animals which subsequently declared abuser as history-sheeter during the process of deciding his punishment.
Animal may kindly be shifted from one place to another in special vehicles not in a goods transport vehicles, transport department be directed to prepare prototype of these vehicles keeping in view welfare and comfort of animal.
Animals are being badly abused, during their shifting towards slaughter houses in goods transport vehicles, Enforcement agencies Police and so called animal rights activist, SPCA's officials are being bribed for safe passage, Police is not interested to protect animals from unnecessary pain and suffering, due to non-cognizable, bailable offense in legal terms, Hon'ble Supreme Court of India issued clear cut directions, to STOP cruel animal transportation and illegal slaughter houses but local body and Animal Husbandry officials failed to perform their official duties, animal ambulance and Infirmary facilities should be provided at each toll and every tax barriers at once.
Every citizen may kindly be allowed to perform their fundamental duties as defined in the article 51 A (g) of Indian Constitution. In addition, many of the State laws are silent as far as the provisions regarding burden of proof to be cast on the person from whom the cattle is seized. There are also no provisions regarding who should be the custodian of the cattle, when they are seized in a crime involving transportation for illegal slaughter, and who should bear the cost of maintenance when the seized cattle are given to animal welfare organizations. In some of the Laws, the penal provisions are decades old and are not deterrent enough to force strict compliance. This also needs to be strengthened.
There are restrictions in some of the State laws for transporting cattle out of the State for the purpose of slaughter. However, such transportation for agriculture or milching purposes is allowed. Taking advantage of these provisions, certificates are issued by the Competent Authorities (delegated to most incompetent persons in some cases), that the animals are being transported for agriculture. Such certificates are issued even for young calves, which are obviously not fit for agricultural operations or for milking. Thousands of animals from Rajasthan are transported with such certificates to Bihar and Bangladesh. The NGOs have been striving hard to check such illegal transportation and there are hundreds of cases instituted in local Courts, challenging such transportation. In a major case, three train-loads of young calves (aprrox. 5000 calves) were stopped from being transported by the butchers from Rajasthan to Bihar and U.P. and in a case instituted before the Rajasthan High Court (Writ Petition No. 6 of 2000), the Court quashed the permits granted for their transportation and passed severe strictures against the State Government machinery. Such cases are only the tip of the iceberg and there are unimaginable numbers of cases of transportation for illegal slaughter throughout the country.
During the public hearings in Rajasthan, the Commission was informed of large numbers of good breeds like Nagori bullocks being permitted to be taken to Bihar, ostensibly for agricultural purposes. However, when the Commission visited Bihar and Jharkhand, the Members were informed that the farmers in Bihar use only there local breed of Bachaur, which is a small animal for draught purposes. The members of the public stated that the farmers could not in any case afford to keep cattle of the superior breeds as they were poor. It is very obvious that the large numbers of cattle, sought to be transported to Bihar under false pretences, are actually taken to West Bengal and Bangladesh for slaughter. No checks are ever exercised by the authorities issuing the certificates and no verification is done to establish the bona fides of the persons actually buying the cattle. In one case, it was found that one certificate was given to one person for transport of 300 cattle-heads from Rajasthan to Bihar.
It may be mentioned that the supply of bullocks to the Deonar abattoir in Mumbai is mainly from Gujarat, Rajasthan and Madhya Pradesh. All these States have imposed restrictions in their local laws on transportation of cattle for slaughter. However, bulls and bullocks are transported under certificates to the effect that they are being taken for agriculture. The authorities know fully well that no agricultural activity is carried out in Mumbai. Despite this, such certificates are issued and nobody in authority challenges them. Trainloads of bulls and bullocks were transported into Mumbai, until Akhil Bharat Krishi Goseva Sangh intercepted a full train carrying 600 bullocks at Vasai Road Railway Station on the suburban railway section of Mumbai, fought a legal case and obtained custody of these bullocks. Thereafter, transportation of bullocks by train to Mumbai has stopped. However, hundreds of trucks and tempos continue to bring bulls and bullocks for slaughter at Deonar abattoir in Mumbai from neighboring States.
Glaring examples of crime during Transportation:
People for Cattle in India (PFCI) caught three trucks transporting 77 cattle, including bulls and buffaloes, in Nazarethpet late on Saturday night. One of the vehicles had been stopped for the same offence in June 2006.
The Madurai bench of the Madras high court had passed a judgment on a case stating that a vehicle caught trafficking cattle illegally had to be impounded. Animal activists believe that permanent confiscation of vehicles involved in cattle trade will be important to stop trafficking. It would not only act as a deterrent but also lead to owners losing a lot of vehicles. Almost 80% of the vehicles we have stopped in the last year belong to one enterprise based in Pollachi and Ottanchathiram,.
One of the vehicles caught on Saturday, with the registration number TN 28 H 3480, is mentioned in an FIR filed in June 2006 for the same offence. PFCI and police who man check-posts said that vehicles caught trafficking cattle illegally are often caught again for the same offence.
A vehicle with the registration number TN 57 C 4444 was caught transporting cattle illegally on May 28 in Perunthurai, Erode. The same vehicle was caught by Tambaram police on January 5 for overloading cattle and travelling without a veterinarian's certificate and a bill of sale which are mandatory. This means the vehicles are not being impounded and are released after the payment of a fine. This is despite three different judgments and orders stating that the Motor Vehicles Act should also be invoked against the truck owners and drivers, and the vehicles impounded.
The most recent judgement passed by Justice B Rajendran on March 14 states that "rule 97 of Transport of Animal Rules of 1978 stipulates cancellation of permit or authorization of permit of vehicles and drivers involved in cases of non-compliance with the Prevention of Cruelty to Animals Act 1960". "Under the Motor Vehicles Act, the police have two options: One, to seize the vehicle and not return it till the case is solved, or two, the court could impose a heavy fine on the vehicle and return it under the condition that it should not be used for illegal transport of cattle in future," But this should implemented strictly which is seldom seen. Somehow law enforcing agencies are always reluctant to act against offender in such case and
Madras High Court Naseerulah vs State By:-
on 14 March, 2013,IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 14.03.2013 CORAM: THE HONOURABLE MR.JUSTICE B.RAJENDRAN CRL.R.C.No.777 of 2010. Hon’ble Judge have mentioned in the order which is removing entire dust on glitch during Transportation. The order reads …….. If we read Section 429 of I.P.C., the word used in the Section is even maiming the cattle and it is also included Cow or Ox. Here we come across in one vehicle more than 20 cows or buffaloes were transported and in that process, namely the people who has taken it in the vehicle or during the transport, one animal is being attacked by another which shows only the inhumane attitude and inducement of the said person transporting the animals. Therefore, even the maiming or injury caused because of the illegal transportation therefore, the owner can be hauled up. Unfortunately, when all these provisions are there, we find that these people transported these animals to butchery without following the rules and regulations. Taking into consideration that the prices are different from State to State. In fact, most of the cases, cattle are being transported continuously for a period of 48 hours crossing inter-State border without even providing fodder or water. They are mostly taken only for slaughtering house in Kerala. They are transported in complete violation of the legal provisions that too, right under the nose of the authority who is duty bound to implement such laws. The object of the Prevention of Cruelty to Animals Act, 1960, is only to prevent animals from being put to cruelty and that it is imperative to implement both these Acts by the authorities concerned. I only fervently hope that hereafter these laws which are provided for preventing cruelty to animals will be implemented in the strict sense. The lower Courts in Tamil Nadu shall take note of these provisions and also see that as to how the offenders should be punished properly……… Here is the fittest case where Court has to come to the rescue of the animals and prevent cruelty meted out to the poor animals and the watchful thing of society which is taking care of the animals should be encouraged to stop this offence. Stringent action should be taken as against those who violate the laws in future. Even the vehicles which are used should be dealt with under the Motor Vehicles Act concerned and punishment has to be imposed. In the result, this Criminal Revision Case is dismissed.
LAW FOR ILLEGAL TRANSPORTATION IN USA:
2006 Alabama Code - Section 28-4-285 — Conveyances, vehicles of transportation or animals used for illegal conveyance of prohibited liquors and beverages declared contraband and forfeited to state; seizure of said conveyances, etc., and reporting thereof by sheriffs, etc., finding same; confiscation and condemnation generally. All conveyances and vehicles of transportation of any kind, whether on the waters of the state, under the waters, on land or in the air, including any animals that may be used in such transportation, whether hitched or not hitched to any vehicle so illegally used, together with all harness and other accessories employed in such illegal transportation, which have been or are used for the illegal conveying of any prohibited liquors or beverages into this state or from one point in the state to another point within the state shall be contraband and shall be forfeited to the State of Alabama, and shall be seized by any sheriff or any other person acting under authority of law in the enforcement of the prohibition laws of the state who becomes cognizant of the facts or who finds liquor being illegally transported as aforesaid in such vehicles or conveyances or on any such animal, and such officer or person shall report the seizure and the facts connected therewith to the district attorney in the county where seizure is made or, in default thereof, to the Attorney General of the state.
In order to condemn and confiscate any of the above-mentioned conveyances or vehicles or animals, it shall not be necessary for the state to show any actual movement of said conveyances, vehicles or animals while loaded with any of said prohibited liquors or beverages; provided, that if said prohibited liquors or beverages shall have been purchased through the state liquor stores or shall bear the stamp of the Alabama Alcoholic Beverage Control Board, no such conveyance, vehicle or animal shall be confiscated or forfeited unless the court shall be convinced from the evidence that said prohibited liquors or beverages were being transported for the purpose of resale contrary to law, and the fact that the owner or operator of said conveyance or vehicle or animal has a reputation of being a seller of prohibited liquors shall be prima facie evidence that such liquors or beverages were being transported for resale. (Acts 1919, No. 7, p. 6; Code 1923, §4778; Acts 1927, No. 624, p. 715; Code 1940, T. 29, §247; Acts 1947, No. 129, p. 39.)
Why can’t we confiscate the vehicle found in illegal transportation?
Please visit following link to understand the instrumental role of transport department in imposing barbaric cruelty on cattle and also in evolving the illegal slaughtering activities:
Published on Mar 28, 2013
The recording is of a people effort to intercept and free over 40 cows being inhumanly trafficked in West Bengal, India. On its way to delivery at Burdwan, this mini truck with a floor space of possibly less than 100 sq. ft. carried the cattle with their limbs tied together and then thrown over each other with nearly no breathing space or comfort. The cows were further pinned down by thick nylon ropes to the floor of the truck.
Regards & Thanks,
Shri Vardhman Parivar Mumbai &
People For Cattle In India - PFCI
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