Stop animal abuse : Amend Prevention of Cruelty to Animals Act, 1960 - Sukanya Kadian
The Ministry of Environment and Forests invites comments on the Draft Animal Welfare Act, 2011. This legislation, which will replace the existing Prevention of Cruelty to Animals Act 1960, will provide for enhanced penalties and clearer definitions of animal abuse. Comments on the same can be sent to
email@example.com by the 20th of March 2011.
THE PREVENTION OF CRUELTY TO DRAUGHT AND PACK ANIMALS RULES, 1965 as amended upto 9th December, 1968 as per section 38 of the Prevention of Cruelty to Animals Act, 1960 and violation of these rules are non-cognizable offenses in legal terms, If any person contravenes, or abets the contravention of, any rules made under this section, he shall be punishable with fine which may extend to one hundred rupees, or with imprisonment for a term which may extend to three months, or with both.
PFA Haryana submitted a petition to the Speaker, Lok Sabha in past
Naresh Kadyan, representative of the International Organisation for Animal Protection - OIPA (An Italy based organisation duly affiliated with the United Nations since 1992) in India / Founder chairman, People for Animals (PFA) Haryana, C-38, Rose Apartment, Prashant Vihar, Sector-14, Rohini, DELHI - 110085.
Animal abuse and neglect !
We want to see you make into law, that anyone who harms, abuses or neglects animals in any manner be forced to be OUTED on A National Animal Abusers Registry list which includes all states.
Info., will feed to all databases where animals are of concern from Vets, to all shelters and rescues esp., those who adopt and sell pedigrees.
Anyone known to selling to a registered offender will, too now be listed as an abuser in the National Animal Abusers Registry list.
Thank you for your immediate focus and action on this crucial matter as we are their voice and legs !!
Please shut down the ineffective enforcement agencies and amend the punishments for animal abuse, Animal Welfare Board of India may kindly be directed to put up proposal accordingly, all state Chief Ministers / Chief Secretaries also be directed to do so.
We appreciate the commendable work done so far by Naresh Kadian, Representative of the International Organisation for Animal Protection in India, for animal rights and their welfare, his work may kindly be recognized, nominating him to Indian Parliament, to be a political voice for this movement, his services can be utilized as a Chairman of the Animal Welfare Board of India - AWBI and CPCSEA as well.
The government on 11-8-2010 Wednesday said it was planning to bring a new legislation with stiffer penalties and punishments to prevent cruelty against animals. The proposed bill is expected to replace the Prevention of Cruelty to Animals Act 1960.
Replying to a query in Lok Sabha, environment and forests minister said Prevention of Cruelty to Animals Act, 1960 and Animal Welfare Board of India Act, 1962, were meant to promote animal welfare and for the purpose of protecting animals from being subjected to unnecessary pain or suffering.
Responding to a question by BJP member Maneka Gandhi, the minister said, "We want to come with a comprehensive animal welfare Act with steep penalties. Because, as of today, it (penalty) is laughable." Maneka said the fine was as low as Rs 50.
On a related issue said his ministry would be issuing advisories to state governments to emulate those governments that had banned animal sacrifice. He, however, said the government would desist from asking for a ban as the issue was a "sensitive one".
"As far as banning animal sacrifice is concerned, this is a sensitive issue and I want to proceed with some caution," Minister said. "There are some states that have banned animal sacrifice and we shall certainly send advisories to all states to emulate those who have banned it," he added.
The minister also condemned games like bull fighting in some states. Jallikattu, or taming of the bull, which is popular in Tamil Nadu, was nothing but animal cruelty, the minister said while regretting the decision by the state assembly to recognize it. "Even Spain has banned bull fights, I don't understand why can't Tamil Nadu do so," Minister said.
Wildlife poachers can soon be jailed for a minimum of seven years and fined at least Rs 30 lakh for killing endangered species, and the country will have two bodies to regulate international wildlife trade. The law ministry on Tuesday approved over 100 amendments in the Wildlife Protection Act,
1972, bringing it in tune with wildlife protection laws across the world by including regulation of species not native to India, a requirement under a global convention on wildlife.
Environment minister said the bill, which strengthens the powers of forest and enforcement agencies, will be introduced in the winter session of Parliament after getting the cabinet's approval.
One of the biggest changes in the law is constitution of two bodies — scientific and management — to implement its provisions and regulate trade.
The management authority will be responsible for issuance of permits for trade of scheduled species on advice of the scientific body.
The two bodies will also be to enlist the exotic species found in India, which are not covered by global wildlife convention, and ways to regulate them.
"Protecting the country's indigenous species would be another role of the authority," an official said.
The proposed law for the first time speaks of using other laws such as Forest Rights Act, 2006, and Biological Diversity Act, 2003, for conservation of wildlife habitats.
"It has been done to make wildlife laws compatible with each other," the official said.
To provide the highest degree of legal protection to the most vulnerable animals against poaching, the amendments have put tigers, whose population is said to be less than 1,411, in Category 1. Other endangered animals in this category include lions, elephants, rhinos, crocodiles and antelopes.
Killing an animal in Category 1 could attract a minimum jail term of five years and maximum of seven. The fine prescribed ranges from Rs 5 lakh to Rs 1 crore.
For species under Category 2, including endangered birds, the jail term suggested is between three to five years and fine of up to Rs 3 lakh.
Teasing an animal will also be an offence.
Cheers!!!!!!!!!! and thanks to Naresh Kadian for effective campaigning since 1998 till date and place the bill for amendment at once now.
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 Kadian, 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 / Padma 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 Kadian 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 Kadian played a key role to eliminate performing animals abuse and he introduced rehabilitation scheme, which was successfully adopted in dancing bear matter?
* Animal Welfare Board of India - AWBI be directed to supply us the copy of correspondences between AWBI and other agencies related to Aligarh black buck rescue from the AMU and FIR lodged with the Police against five officials.
* Inspection reports of Jumbo and Amar circuses since beginning till date along with the progress reports submitted by Jumbo and Amar circus and transport permit issued by the AWBI also be supplied, how many feathers chopped birds, blind hippo's, docked tail animals are registered by the AWBI?
* How many nominations received for Padma 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?
* Why inbreeding allowed in case of White Tiger and how much amounts spent on this white tiger project?
* 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? Is there any proposal to delete or amend section 28 of PCA Act, 1960?
* 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.
The Ministry of Environment and Forests invites comments on the Draft Animal Welfare Act, 2011. This legislation, which will replace the existing Prevention of Cruelty to Animals Act 1960, will provide for enhanced penalties and clearer definitions of animal abuse.
Let us know the present status of the following draft bills:
1. Animal Welfare Act replacing PCA Act, 1960.
2. Pet shop Rules.
3. Dog breeders Rules.
4. Rules for fish aquarium.
5. Ban on peacock feathers trading.
6. Declare cow progeny as National animal of India in domestic animal category.
We strongly recommend that Naresh Kadian, Chairman of PFA Haryana be nominated as Chairman - Vice Chairman, Animal Welfare Board of India / Chairman, Khadi and VI Commission, Member, National Disaster Management Authority of India.