The petitioner’s; United Nation affiliated the International Organisation for Animal Protection – OIPA – www.oipa.org chapter in India through its representative in India Naresh Kadyan, C-38, Rose Apartment, Prashant Vihar, sector-14, Rohini, Delhi – 110085 and joint petitioner:
1. Abhishek Kadyan, Hon. Animal Welfare Officer, AWBI (Ministry of Environment and Forest), C-38, Rose Apartment, sector-14, Rohini, Delhi – 110085
and co petitioner:
2. Miss Sukanya Kadyan, Hon. Animal Welfare Officer, AWBI (Ministry of Environment and Forest), C-38, Rose Apartment, sector-14, Rohini, Delhi – 110085.
1. Article 51 A (g) defined the fundamental duties of every citizen of India.
2. Animal Welfare Board of India constituted as umbrella Organisation to advice and suggests minimizing the unnecessary pain and sufferings to the animals in India.
3.The Prevention of Cruelty to Animals Act, 1960 enforced in India but offenses against whole Act are the non cognizable, bailable with minor punishments in legal terms except three sub sections of section 11 and whole section 12 of the Prevention of Cruelty to Animals Act, 1960.
4. Repeal of Act 11 of 1890:
Where in pursuance of a notification under subsection (3) of section 1 of 1890 any provision of this Act comes into force in any State, any provision of the Prevention of Cruelty to Animals Act, 1890, which corresponds to the provision so coming into force, shall thereupon stand repealed.
Cognizability of offences:
Notwithstanding anything contained in the Code or Criminal procedure, 1898, (5 of 1898) an offence punishable under clause (1) or clause (n) or clause, (o) of sub-section (1) of section 11 or under section 12 shall be a cognizable offence within the meaning of that code.
Restriction on exhibition and training of performing animals:
No person shall exhibit or train (i) any performing animal unless he is registered in accordance with the provisions of this Chapter; (ii) as a performing animal, any animal which the Central Government may, by notification in the official gazette, specify as an animal which shall not be exhibited or trained as a performing animal.
Lion, bear, panthar, tiger, monkey and bull display and performances are banned by the Govt. of India but dancing monkeys are still on the road and streets in India, where as foreign shoot of above said banned species are allowed by the AWBI violating the said Notification because display of all above said 6 species are not allowed in India.
Committee for control and supervision of experiments on animals:
(1) If at any time, on the advice of the Board, the Central Government is of opinion that it is necessary so to do for the purpose of controlling "and supervising experiments on animals it may be notification in the Official Gazette.
Treatment and care of animals:
(1) The State Government may by general or special order appoint infirmaries for the treatment and care of animals in respect of which offences against this Act have been committed, and may authorise the detention therein of any animal pending its production before a magistrate.
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.
Power to make rules:
The Central Government may, by notification in the Official Gazette and subject to the condition of previous publication, make rules to carry out the purposes of this Act.
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.
Petitioner (s) prayers that:
1. Every citizen may kindly be allowed to perform their fundamental duties as defined in the article 51 A (g) of Indian Constitution.
2. Replace the toothless legislation Prevention of Cruelty to Animals Act, 1960 and all offenses against animals may kindly be treated as cognizable, non bailable offense in legal terms along with strong punishments.
3. All living creatures other than human beings are covered under the definition of ‘animals’ but AWBI and enforcement agencies are failed to imposed Prevention of Cruelty to Animals Act, 1960 on the wild animal species.
4. Exotic wild animal species may kindly be covered under the Wild Life (Protection) Act, 1972 because these exotic species are born and brought up in India but they are treated as foreign species as per their shape and size.
5. 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.
6. Elephant became the National heritage animal of India, these wild animal registration as performing animals is banned by the AWBI, due to cruel treatment with them in Indian circuses and Elephant presence also banned in Mumbai, Navi Mumbai and Thane by the Govt. of Maharashtra accepting cruel treatment and practices by so called owners, hence we request that the private ownership of Elephants may kindly be shifted to the Govt. agencies or Institutions forfeiting all captive Elephants for further their rehabilitation, ban elephant presence in the urban area’s of Haryana.
7. There are two Boards are functional; Animal Welfare Board of Haryana and State Board for Wildlife, hence we pray to merge both Boards in to a ‘Haryana State Commission for Animal Welfare’
8. Animal; being an living creature can not be treated as goods and all offenses against animals may kindly be try and decide by a special fast track court and animal abusers registry may kindly be prepared all over Haryana, to identify the second offense against animals. It is further submitted that awareness camps, workshops be arranges, kindness clubs and syllabus be introduced in the Educational Institutions, hand books be prepared, hoarding be installed on major locations.
9. 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.
10. Animal sacrifice may kindly be ban for religious purpose along with the Police, Military and Para Military Forces animals may kindly be covered under the Animal Welfare Law’s of the land.
11. Infirmaries, which are already set up in Haryana, to comply with the orders passed by the Hon'ble Punjab and Haryana High Court but all these Infirmaries are non functional, Society for Prevention of Cruelty to Animals – SPCA’s, State Animal Welfare Board’s, Haryana Gau Seva Ayog and State Board for Wildlife may kindly be constituted and functional in all over Haryana, where as these SPCA's in Haryana are not notified by the Government of Haryana, non functional as well, Rohtak / Bhiwani and Palwal SPCA's office bearers are caught by Police for extortion and these tainted office bearers needs to be blacklisted.
12. If replacement of existed toothless animal welfare legislation’s required time then Ordinance may kindly be issued, keeping in view fundamental duties.
13. All animal abuser equipment like thorn bits for Horses and whip may kindly be ban in Haryana and all toll tax barriers may kindly be directed to stop animal abusers vehicles, their registration may kindly be canceled and close circuit TV camera should be installed, monitored every day by the concerned SHO's.
14. Blue bull and Monkeys in human habitat may kindly be deleted from the Wildlife Protection Act, 1972 because these monkeys look likes wild animal as per their shape and size but they have lost their wild character, animal birth control scheme may kindly be applied to control their population.
15. Wild animal and human conflict became problem of the Society, hence project leopard may kindly be introduced to protect wildlife of Haryana.
16. The Haryana Animal Welfare Act, 2015 may kindly be introduced, being animal as state subject, State Committee for Slaughter Houses, Department of Urban and Local Bodies requested to submit their recommendations along with this petition because this committee was constituted by the Hon'ble Supreme Court of India..
17. Cow progeny may kindly declare as state animal of Haryana as recommended by the State Committee for Slaughter Houses, Department of Urban and Local Bodies (Govt. of Haryana), where as Haryana Gau Sewa Ayog in its 3rd meeting also recommended cow progeny as state animal, all offenses against cow progeny may kindly be try and decided by a special Session Judge on fast track court basis.
18. The State Committee for Slaughter Houses along with the District Committee for Slaughter Houses, Department of Urban and Local Bodies (Govt. of Haryana) needs to functional and their meeting be called on monthly basis, sub committees should be constituted under the chairmanship of the non official member of the said committees, to check and monitor illegal slaughter houses, cruel animal transportation. It is further submitted that all illegal slaughter houses should be immediately crack down.
19. The National Cattle Commission Report, 2002 be accepted and implemented.
Facts and truth behind:
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, no Infirmaries are functional violating court orders, feeding charges are not yet approved by the Administration, where as 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 along with Police powers to Naresh Kadian, as per section 34 of the PCA Act, 1960, delete cow words from the Meat Food Products Order, 1973.
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