Petition before the Committee of Haryana Assembly about animal welfare laws - Naresh Kadyan

8/14/2019 Petition before the Committee of Haryana Assembly about animal welfare laws - Naresh Kadyan

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To

Shri B. B. Batra, MLA,

Chairman, Haryana Assembly Committee for Petitions,

Chandigarh.

Sir,

The petitioners;United Nation affiliated the International Organisation for Animal ProtectionOIPA

www.oipa.orgchapter in India through its representative in India Naresh Kadyan, C-38, Rose Apartment,

Prashant Vihar, sector-14, Rohini, Delhi110085 and joint petitioner:

1. Abhishek Kadyan, Hon. Animal Welfare Officer, AWBI (Ministry of Environment and Forest), C-38, Rose Apartment, sector-14, Rohini, Delhi110085

and co petitioner:

2. Miss Sukanya Kadyan, Hon. Animal Welfare Officer, AWBI (Ministry of Environment and Forest),C-38, Rose Apartment, sector-14, Rohini, Delhi110085.

Respectfully Sheweth:

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 suggestsminimizing 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1890, which corresponds to the provision so coming into force, shall thereupon stand repealed.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, panther, 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:
http://www.oipa.org/http://www.oipa.org/http://www.oipa.org/


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(1) If at any time, on the advice of the Board, the Central Government is of opinion that it is necessary soto 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 andcare 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.

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.

Petitioner (s) prayers that:

1. Every citizen may kindly be allowed to perform their fundamental duties as defined in the article 51A (g) of Indian Constitution.

2. Replace the toothless legislation Prevention of Cruelty to Animals Act, 1960 and all offenses againstanimals 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 AWBIand 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 becausethese 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 Gujrat. The interstate shifting ofthese 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 areas of Haryana.

7. There are two Boards are functional; Animal Welfare Board of Haryana and State Board forWildlife, hence we pray to merge both Boards in to a Haryana StateCommission for Animal

Welfare

8. Animal; being an living creature can not be treated as goods and all offenses against animals maykindly be try and decide by a special fast track court and animal abusers registry may kindly be

prepared all over Haryana.

9.

Animal may kindly be shifted from one place to another in special vehicles not in a goods transportvehicles, 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 ParaMilitary Forces animals may kindly be covered under the Animal Welfare Laws of the land.

11. Infirmaries, Society for Prevention of Cruelty to AnimalsSPCAs,State Animal Welfare Boardsand State Board for Wildlife may kindly be constituted and functional in all over Haryana.

12. If replacement of existed toothless animal welfare legislations required time then Ordinance maykindly 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.


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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 kindlybe introduced to protect wildlife of Haryana.

16. The Haryana Animal Welfare Act, 2013 may kindly be introduced, being animal as state subject.17. Cow progeny may kindly declare as state domestic 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 recommended cow progeny as state animal but if we

replace black buck then Bishnoi community will create hurdles, all offenses against cow progeny may

kindly be try and decided by a special Session Judge on fast track court basis.

Name of Petitioner Address Signature or thumb impression

1. Naresh Kadyan, Rep.of OIPA in India.

2. Abhishek Kadyan,Hon. Animal WelfareOfficer, AWBI.

3. Miss Sukanya Kadyan,Hon. Animal Welfare

Officer, AWBI.

C-38, Rose Apartment, Prashant Vihar,

sector-14, Rohini, Delhi.

. As above

..As above

Counter-Signature of Member presenting.

Dr. Raghuvir Singh Kadian, MLA, Beri.

Copy forwarded for information and necessary action to:

1. Honble Minister for Environment and Forest, New Delhi.2. The Secretary to the MoEF, New Delhi.3. HE Governor of Haryana, Chandigarh.4. Honble Chief Minister Haryana, Chandigarh.5. Honble Speaker, Haryana Assembly, Chandigarh.


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Documents

Petition before the Committee of Haryana Assembly about animal welfare laws - Naresh Kadyan