Petition Closed

The Government of India introduced Tiger as a National animal, Peacock as bird, Elephant as heritage animal, Lotus as flower and Dolphin as aquatic animal but there are no legislation, code to protect them.
Founder Chairman, PFA Haryana Naresh Kadyan, representative of the International Organisation for Animal Protection - OIPA in India moved WP (C) No. 8970 of 2011in the Delhi High Court, to get ban on the Bahujan Samaj Party symbol Elephant being an National heritage animal of India but following order was passed :

'The petitioner has filed the above noted writ petition for ban on Elephant in the election symbol in the elections and praying for that the Union of India and the Ministry of Forest make the guide lines / rule for rehabilitation for the  elephant as the elephant is a national heritage animal. The elephant is not comes under the national emblems act, hence the writ petition is dismissed'.

Hence United Nation affiliated OIPA chapter in India and PFA Haryana demanding to introduce strong legislation and code to protect the National animal of India.

 
Letter to
Prime Minister of India Hon'ble Sardar Manmohan Sngh
BJP President Shri Nitin Gadkari
Member Secretary OIPA in India
and 16 others
Dr. Anmol Kumar
Vice President of India Hon'ble Hamid Ansari
Home Minister of India
President of India, New Delhi HE Smt. Pratibha Devisingh Patil
Minister of Environment and Forest Smt. Jayanthi Natrajan
The Chief Election Commissioner Dr. S. Y. Qureshi
Chairperson, National Advisory Council Smt.Sonia Gandhi
Dr. Praveen Bhai Togadia
General Secretary, AICC Shri Rahul Gandhi
Director, Ainimal Welfare Division
HE The Governor of Haryana
Law Minister of India
Shri Ravi Shankar Prasad
BJP Central Office
Chairman, AWBI Maj. Gen. R. M. Khareb
Smt. Sushma Swaraj
The Government of India introduced Tiger as a National animal, Peacock as bird, Elephant as heritage animal, Lotus as flower and Dolphin as aquatic animal but there are no legislation, code to protect them.
Founder Chairman, PFA Haryana Naresh Kadyan, representative of the International Organisation for Animal Protection - OIPA in India moved WP (C) No. 8970 of 2011in the Delhi High Court, to get ban on the Bahujan Samaj Party symbol Elephant being an National heritage animal of India but following order was passed :

'The petitioner has preferred this writ petition under Article 226
of the Constitution of India to seek a direction to respondent no.4 i.e.,
the Chief Election Commissioner to freeze and replace the symbol of
respondent no.5 i.e., Bahujan Samaj Party, a political party from
Elephant to another symbol. The petitioner also seeks directions to
respondent nos. 1 to 3 i.e., the Union of India, Ministry of Law and the
Ministry of Environment and Forest to make guidelines, rules for the
national heritage animal to protect them from any kinds of abuse,
unnecessary pain and sufferings. Other similar reliefs have also been
prayed for in the writ petition.

The case of the petitioner is that the Elephant has been declared
as a national heritage animal vide notification dated 21.10.2010 issued
by the Ministry of Environment and Forests, Government of India. The
petitioner submits that on account of the said development respondent
no.5 i.e, the Bahujan Samaj Party which has the reserved election symbol
of Elephant, cannot be permitted to use the said symbol any longer. The
petitioner submits that respondent no.5 during its election campaign has
been using the Elephant as a publicity tool.

I do not find any merit in the present writ petition of the
petitioner. Neither under the Election Symbols (Reservation and
Allotment) Order, 1968 nor under the Emblems and Names (Prevention of
Improper Use) Act, 1950 there is any prohibition against the use of
Elephant as an election symbol, and there is no legal provision brought
to my notice, which supports the petitioner?s submission. The petitioner
has himself placed on record a communication dated 24.11.2011 stated to
have been issued by the representative of the Bahujan Samaj Party to the
Secretary, Election Commission of India wherein respondent no.5 has
stated that it is fully ensuring and it will continue to ensure the
conditions imposed in the order dated 20.11.1997 - which I am informed is
the order whereby the symbol of Elephant was reserved in favour of
Bahujan Samaj Party, so as to see that no cruelty is shown to the animal
Elephant in any manner, and no live demonstration of that animal is made
in any of their election campaigns.


In case there are any specific instances of breach of any of the conditions whereby the symbol of Elephant was reserved in favour of
Bahujan Samaj Party, that matter can be agitated in appropriate
proceedings. However, that by itself cannot be a reason to deny the use
of the reserved symbol by the Bahujan Samaj Party. The mere use of
Elephant as a party symbol by a political party does not tantamount to
any abuse or cruelty to the Elephant. So far as the aspect of framing of
guidelines by respondent nos.1 to 3 are concerned, it is a matter for the
said respondents to consider, and no justification is brought forth for
issuing any such direction at this stage. Accordingly, the present writ
petition is dismissed.





VIPIN SANGHI, J

DECEMBER 23, 2011

Hence United Nation affiliated OIPA chapter in India and PFA Haryana demanding to introduce strong legislation and code to protect the National animal of India / amendment in the Election Symbols (Reservation and Allotment) Order, 1968 along with the Emblems and Names (Prevention of Improper Use) Act, 1950