Restore five Freedoms of Camels of BSF: STOP cruel shifting - Sukanya Berwal

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It is humbly submitted that: 1. As per definition of the “Animal” approved by the Prevention of Cruelty to Animals Act, 1960 that any living creatures other than human beings, covered under the animal terms. 2. Article 48 and 51 of the Indian Constitution, defined the fundamental duties to be humane towards animals. 3.   Five freedoms of animals are being upheld by the Supreme Court of India in the orders passed in the Special Leave Petition (Civil) No.11686 of 2007. 4. The camel adopted as state animal of Rajasthan, protected under the Rajasthan Camel (Prohibition of Slaughter and Regulation of Temporary Migration or Export) Act, 2015 and without any permit, whereas camel can’t be shifted outside Rajasthan. 5.   Animal can be shifted as per their shape and size instead weight treated as goods being living creature, have feelings and sentiments, whereas Bureau of Indian standards never approved prototype of vehicles to transport camels from one to another place. 6. As per section 3 of the Prevention of Cruelty to Animals Act, 1960, this defined the duties of persons having charge of animal. 7. Cattle Transport Rules, 1978 amended in 2001 and 2009, which are also been upheld by the Supreme Court of India in CWP No. 309 of 2003 read with the Central Motor Vehicle (Eleventh Amendments) Rules, 2015, introducing strong mechanism for animal transportation in humane way, without unnecessary pain and sufferings.

Objections:

1. The Border Security Force, shifted their 100 Camels from Rajasthan to Delhi without any export permit , to take part in the Republic Day parade along with rest of ceremonies of BSF and these 100 camels are being badly abused during their shifting in goods transport vehicles, violating section 3, 11 and 38 of the Prevention of Cruelty to Animals Act, 1960 read with the Cattle Transport Rules, 1978 amended in 2001 and 2009, which are also been upheld by the Supreme Court of India in CWP No. 309 of 2003 read with the Central Motor Vehicle (Eleventh Amendments) Rules, 2015 and 120-B, 188, 268, 289, 428 and 429 IPC.

2. All these 100 Camels again will be shifted back from Delhi to Rajasthan without any pre transport permit as required under section 96 of the Cattle Transport Rules adopting similar cruel practices, violating Delhi Police Act, 1978.

Prayers:

1. Directions may kindly be issued to the Animal Welfare Board of India to expedite the matter as it was discussed in their 37th General Meeting on September 10-11, 2012 as additional item No. 1 read with the sub additional item No. 1 of the 38th General Meeting, held on December 27-28, 2012.

2. As item No. 19 of 39th General Meeting of AWBI, held on August 23, 2013, appreciated the decision of Govt. of Haryana, which was taken by the State Committee for Slaughter Houses, Department of Urban and local Bodies, on the agenda placed by the petitioner No. 1 as Non official Member, hence directions may kindly be issued to the Bureau of Indian Standards to introduce the prototype with strong mechanism to transport Camels from one to another place without unnecessary pain and sufferings.

3. Directions may kindly be issued to the Ministry of Road Transport and Highways to implement the 11th Amendments of the Central Motor Vehicle Rules, 2015.

4. National Highway Authority of India may kindly be directed to fix animal scanner at every toll tax barrier, to control cruelty against animals.

5. Delhi SPCA and Police may kindly be directed to book the custodian of 100 Camels of BSF, confiscating the animals with goods transport vehicles, misused to carry these Camels.

6. Any other orders deems fit.

 



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