Support Draft Animal Welfare Act, 2011 in India - Naresh Kaiyan
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 firstname.lastname@example.org by the 20th of March 2011.
My comments are :
* Whole Legislation should be cognizable and non-bailable in legal terms, where as still offenses under this Acts are bailable.
* No exemption and relaxation for any religion to abuse, kill and sacrifice the animals.
* Punishments be strong and effective.
* All living creatures other than human beings be protected under this legislation.
* Foreign and Exotic species needs attention, Emu, Quails breeding also needs rules and regulations.
* Army, Police and para military forces, Zoo animals also needs attention, care and rehabilitation. These animals also covered under this law, no exemptions be given.
* Experimentation on animals be banned, alternatives be promoted.
* Entertainment, performance, joy rides etc. from animals also be banned.
* Cruel animal transportation be looked into, local recognised SPCA / AWO also be prosecuted for any lapses.
* Live stock definition be looked into and legislation for fish be introduced.
* Slaughter houses be shut down.
* Vegetarianism be promoted.
* AWBI be empowered to issue directions not advisory to the field functionaries and it should be mandatory for all concerned to abide these directions in the interest of animal welfare.
* Elephants and Camels should be kept in their natural habitat and their shifting in trucks be banned and these animals be included in the rules travel by foot, in past these animals were ignored, where as Naresh Kadian brought this points in the notice of then Union Minister concerned.
* Community pets - stray dogs also needs attention, their population shall be controlled by adopting spay and neuter.
* Gazette notified SPCA's and Infirmaries / Shelters / Ambulances also needs attention and it should be mandatory, feeding charging rates be approved.
* Police powers be given to all recognized bodies and Special courts be set up for speedy trials.
* Dog breeders, pet shops and fish aquarium also needs attention, concerned rules be implemented.
* AWBI be given more funds, staff and special court powers should be given to the AWBI / their recognized bodies.
* Fake, ineffective bodies be shut down and it should be mandatory for AWBI nominee to take active part in the recognized AWO's affairs.
* Copted members also needs attention, as there are no certain guidelines to copt, no pick and choose, every recognized AWO's be given chance for active participation.
* Films screening committee members be chosen clockwise amongst the recognized AWO's.
* Master Trainer, Trainers, Hon. AWO's be treated on duty and their performance be checked quarterly along with AWBI non officials members : tainted and nonactive be dropped.
* Award and punishment policy be introduced.
* People should not be allowed in AWBI for two consecutive terms as AWBI member / Chairman or Vice Chairman.
* Dogs have basic rights to bark and it should be protected, animal rights needs to be defined and recognized.
* Animal bet be banned as some people tie animal to attract Wild animals.
* Promote methods to minimize stress, pain and injuries to animals.
* Funds received by NGO's from Foreign countries to serve animals in India under FCRA be controlled by the AWBI, NGO's performances should be assessed by AWBI regularly as well.
* AWBI Head quarter be shifted from Chennai to National Institute of Animal Welfare - NIAW premises in National Capital Region - NCR for better coordination between AWBI, AWD and others.
* Degree course on Animal Welfare be introduced and NIAW be set up as Deemed University, field practical training should be preferred along with theoretical.
* Proof of burden be continue on accused not on prosecution, no appeal.
* Animal Welfare Board of India - AWBI be replaced by a " National Commission on Animal Welfare "
All these following legislation's and rules be amended :
The Prevention of Cruelty to Animals Act was enacted in 1960 to prevent the infliction of unnecessary pain or suffering on animals and to amend the laws relating to the prevention of cruelty to animals. After the enactment of this Act, the Animal Board of India was formed for the promotion of animal welfare.
No.59 of 1960 - The Prevention of Cruelty to Animals Act, 1960.
S.O. 1995 (E) [27/07/2010] - Prevention of Cruelty to Animals (Slaughter House) Amendment Rules 2010.
S.O.714(E), [26/03/2010] - Animal Birth Control(Dogs) Rules, 2009.
S.O.1818(E), [23/10/2006] - Breeding of and Experiments on Animals (Control and Supervision )Amendment Rules, 2006.
S.O.1817(E), [19/10/2006] - Reconstitution of Committee for the Purpose of Control and Supervision of Experiments on Animals(CPCSEA).
S.O.42(E), [14/01/2006] - Breeding of and Experiments on Animals (Control and Supervision )Amendment Rules, 2005.
S.O.1256(E), [24/12/2001] - The Animal Birth Control (Dogs) Rules, 2001.
S.O.267(E), [26/3/2001] - The Performing Animals (Registration) Rules, 2001.
S.O.35(E), [8/1/2002] - The Performing Animals (Registration) Amendment Rules, 2001.
S.O.271(E), [26/3/2001] - The Prevention of Cruelty to Animals (Establishment and Regulation of Societies for Prevention of Cruelty to Animals) Rules, 2001.
S.O.270(E), [26/3/2001] - The Prevention of Cruelty to Animals (Slaughter House) Rules, 2001.
S.O.268(E), [26/3/2001] - The Prevention of Cruelty to Animals (Transport of Animals on Foot) Rules, 2001.
S.O.134(E), [15/2/2001] - The Breeding of and Experiments on animals (Control and Supervision) Amendment Rules, 2001.
S.O.1074, [15/12/1998] - The Breeding of and Experiments on Animals (Control and Supervision) Rules, 1998.
S.O.732(E), [26/8/1998] - The Experiments on Animals (controls and Supervision) (Amendment) Rules, 1998.
S.O.No.1056, [13/3/1979] - The Prevention of Cruelty (Capture of Animals) Rules, 1972.
No.14-20/76-LD.I, [30/11/1978] - The Prevention of Cruelty to Animals (Registration of Cattle Premises) Rules, 1978.
No. 18-6/70-LDI, [23/3/1978] - The Transport of Animals Rules, 1978 .
S.O.269(E), [26/3/2001] - The Transport of Animals (Amendment) Rules, 2001.
No.14-21/76-LD.I, [15/2/1978] - The Prevention of Cruelty to Animals (Application of Fines) Rules, 1978.
No.35-4/72-LD.I, [22/5/1973] - The Performing Animals Rules, 1973.
No.9-18/62-LD, [23/3/1965] - The Prevention of Cruelty to Animals (Licensing of Farriers) Rules, 1965.
No.9-18/68-LD, [23/3/1965] - The Prevention of Cruelty to Draught and Pack Animals Rules, 1965, amended 1968.
G.S.R.619(E), [14/10/1998] - The Prevention of Cruelty to Animals (Restricted to Exhibit on Trained as a Performing Animals).
13. ‘Destruction of suffering animals’ : (1) Where the owner of an animal is convicted of an offence under section 11, it shall be lawful for the court, if the court is satisfied that it would be cruel to keep the animal alive, to direct that the animal be destroyed and to assign the animals to any suitable person for that purpose, and the person to whom such animal is so assigned shall as soon as possible, destroy such animal or cause such animal to be destroyed in his presence without unnecessary suffering: and any reasonable expense incurred in destroying the animal may be ordered by the court, if the court is satisfied that it would be cruel to keep the animal alive, to direct that the animal be destroyed and to assign the animal to any reasonable expense incurred in destroying the animal mal be ordered by the court to be recovered from the owner as if it were a fine:
Provided that unless the owner assents thereto, no order shall be made under this section except upon the evidence of a veterinary officer in charge of the area.
(2) When any magistrate, commissioner of police or district superintendent of police has reason to believe that an offence under section 11 has been committed in respect of any animal, he may direct the immediate destruction of the animal, if in his opinion, it would be cruel to keep the animal alive.
(3) Any police officer above the rank of a constable or any person authorised by the State Government in this behalf who finds any animal so diseased or so severely injured or in such a physical condition that in his opinion it cannot be removed without cruelty, may, if the owner is absent or refuses his consent to the destruction of the animal, forth with summon the veterinary officer in charge of the area in which the animal is found, and if the veterinary officer certifies that the animal is mortally injured or so severely injured or in such a physical condition that it would be cruel to keep it alive, the police officer or the person authorised, as the case may be, may, after obtaining orders from a magistrate, destroy the animal injured or cause it to be destroyed; 22(in such manner as may be prescribed)
(4) No appeal shall lie from any order of a magistrate for the destruction of an animal.
Cheers!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! Keep it up, UN affiliated the International Organisation for Animal Protection - OIPA chapter in India along with People for Animals ( PFA ) Haryana appreciated Miss Sukanya Kadian efforts and he did a lot for animals to minimize their stress, pain and injury, Kudos to her, what a great work he did in a very short period,
Same request sent to Her Excellency the President of India by Naresh Kadian bearing registration Number : PRSEC/E/2011/02593 dated 18-2-2011.
Draft Dog Breeding Rules (Awaiting Law Ministry approval) | Draft Pet Shop Rules (Awaiting Law Ministry approval) may kindly be expedited along with Draft Rules for Aquarium and Ban on Peacock feathers trade.