Category Archives: Do you know?

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Do-it-Yourself (DIY) Series-4: A Dossier of Indian Street Dog related laws and court rulings- Read, Print and Share widely

To all those who feed and take care of their neighbourhood street dogs in India, we have one request. Don’t feel weak. The laws are on your side and also in favour of the street dogs you care for.

In this post, we are sharing with you one comprehensive document that compiles all the laws, news-clippings and court orders/rulings, pertaining to street dogs

Please download this document by clicking here: A Dossier of Indian Street Dog related laws and court rulings

Save it, take print-outs and read it well.

These are updated laws, rules, orders pertaining to DOGS, their feeding and other rights. Most dog lovers don’t bother to read them and end up getting harassed while the law is strong and clear. Please keep a copy ready and if possible submit one copy in your local police station and the RWA, so unfortunate encounters can be averted beforehand. 

A point wise synopsis is also written in the beginning of this document.

We thank Citizens for Animal Rights for their effort in compiling this document and sharing the same with us. By posting it here, we are sharing it further and hope you all will share it widely too and feel empowered.

Remember: Your responsibility however doesn’t end with just feeding them, please also ensure that these dogs you care for are sterilized and vaccinated…since you are friendly with them, can touch them, it is much easier for you to collaborate with the NGO run Animal Hospital (that runs the local Municipality supported ‘Animal Birth Control’ Programme for street dogs) near your home to help undertake the sterilization of these dogs, it is just a one time exercise and will prevent you the agony of seeing pups dying (of illnesses and car accidents) in front of your eyes ever so frequently.

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Do-it-Yourself (DIY) Series-3: Apply for the ‘Colony Caretaker of Animals-Card’ from Animal Welfare Board of India

AWBI website screenshot-information to dogfeeders, colony caretakers

AWBI website screenshot-information to dogfeeders, colony caretakers

Animal Welfare Board of India has decided to issue Identity Cards to Street Dog Feeders/Colony Care Takers of Animals who are taking care of animals in their locality.

A proforma of registration form can be downloaded from this link- http://awbi.org/awbi-pdf/caretakers.pdf or please click below.

AWBI Form for getting Colony Caretaker of Animals ID Card

Please download the form and send the duly filled in form along with the following:

- Two passport size photographs.
- Self -attested true copy of the Ration Card/ Voter ID/ Driving License/ Passport/ PAN Card

 to

ANIMAL WELFARE BOARD OF INDIA
(Ministry of Environment and Forests, Govt. of India)
Post Box No. 8672, 13/1, Third Seaward Road, Valmiki Nagar,Thiruvanmiyur, Chennai – 600 041

Colony Animal Cretaker Form_AWBI_English

Colony Animal Cretaker Form_AWBI_Hindi

A news report on the same in Indian Express dated 21st January 2013, by Senior Correspondent Kamala Kelkar,  is posted below. Please hoever note that the process may take less or more than a couple of weeks for you to receive your cards, as mentioned below

People who care for street dogs will soon be getting government-issued identity cards. The new ID cards are expected to do away with harassment faced by many such persons from the general public, when they try to feed canines on the road.

In a move that animal activists termed “unprecedented,” the Animal Welfare Board of India (AWBI) has decided last week that anyone who voluntarily cares for strays — dog feeders and colony caretakers who tend to animals in their locality.

It Board has put up a one-page registration form (can be downloaded free of cost) on its website awbi.org, for those who want to get these ID cards.

The applicant needs to fill in personal information such as name, address and experience. Once the application is submitted, the ID card would be processed and mailed to the applicant, board member and legal advisor Anjali Sharma said.

“The card would have the person’s name and an attestation that he/she is doing a right and lawful deed and the Animal Welfare Board supports it. This lends credibility to the person,” Sharma said.

The AWBI is a legal advisory body that was formed under the Animal Prevention Act of 1960 to protect the animals.

Sharma explained that the goal of the card, which does not provide any exclusive rights, was solely the welfare of animals and caretakers.

“Most people don’t realize that sterilization and vaccination of stray dogs would be possible only through feeding and befriending dogs,” Sharma said.

In December 2011, the Delhi High Court had passed an order voicing its approval for designated “dog feeding spots” for stray canines in the city. It passed the order on a petition which sought to protect dogs from “intimidating” residents, so they could be fed without any hassle.

The court also ruled that police should assist dog feeders if they faced any “harassment” from residents and also ordered the AWBI to designate specific feeding areas.

Rishi Dev, founder of Citizens for Animal Rights who has written a book on “Urban disputes over animals”, said this was the first time that the government was supporting such an initiative.

Sharma hoped that many would come forward to apply for the cards. “They are performing a duty,” she said. “And it’s a legitimate exercise.”

Do-it-Yourself (DIY) Series-2: Educating your Residential Society on the scientific and lawful manner of dealing with street dogs

This template letter on Google Docs is kind courtesy of the Voice of Stray Dogs, Bangalore and makes for a good resource material for those of you trying to educate their own residential societies (RWAs i.e. Resident Welfare Associations) on the best possible legally correct, scientific and humane way of dealing with the ‘subject’ of street dogs in their colonies.

How to do this yourself?

Firstly, read these two articles to best understand the Rights of Street Dogs in India and the Delhi High Court rulings on the subject of feeding street Dogs, then save the images and the PDF Files embedded in these articles on to your computer, take a print out of these saved files and attach it as annexures to the above letter that you would draft and address to the concerned person in your RWA, seal the letter and send it across through courier or registered post, keep a photocopy of the same set with you. Be strong and fight it out intelligently, the laws are on your side and the dogs, just use your wisdom and intellect to drive the point across to the ‘uninformed’.

Answers to Frequently Asked Questions on the above subject (kind courtesy of People for Animals):

Q) Can people who feed animals in their areas be stopped by the RWAs or Societies or neighbours under the law ?

A) Article 51A of the Constitutional Law of India, speaks about the duties of every citizen of India. One of these duties includes having compassion for living creatures. So the animal lover is protected under the Constitution.

Article 19 of the Constitution of India, deals with right to freedom and in this freedom comes the right to profession, occupation, trade and business. Therefore, it means that every citizen has the right to occupation and if someone has taken the caring of animals as his occupation, it is legal and he has every right to carry on with  his occupation.

Article 21 of the Constitution of India states the right to personal life and liberty. Now this is the very vast right. If someone wants to feed dogs and provides shelter to the dogs, he has every liberty to do so. He has this right to liberty that the law provides to every citizen of India.

But, above every law and rights, there is a natural right too, which is a universal right, that is inherent in the nature of ethics and contingent on human actions or beliefs. It is the right that is claimed to exist even when it is not enforced by the government or society as a whole. It is the right of the individual and considered beyond the authority of a government or international body to dismiss. Therefore, if there are any rights at all, there must be right to liberty, for all the others depend on this. And, loving, caring and feeding and giving shelter to dogs, definitely is a natural right of any individual.

In a judgment passed by the Delhi Court, it has been stated that the Animal Welfare Board of India and the Municipal authorities have in the guidelines issued by them specified the problem often faced by the individuals and families who adopts stray animals and feed them and come to the assistance of such persons. The court says, that it is necessary to bring into record that these individuals and families who adopt stray animals are doing a great service to the humanity as they are acting in the aid and assistance of municipal authorities by providing these animals with food and shelter and also by getting them vaccinated and sterilized. Without assistance of such persons no local municipal authority can successfully carry out its ABC programs. The court has went on to say that the local police and the municipal authorities are under the obligation not only to encourage such adoption but also to ensure that such persons who come forward to take care of these animals specifically the community or neighbourhood dogs so that they are not subjected to any kind of cruelty.

And finally, the court has said that every individual has a right to live his life in the manner he wants and it is necessary that the society and the community recognizes it.

Q) Can an RWA/Society or any individual pick up the dogs in a colony that are sterilized and vaccinated and throw them away somewhere

A) Under the Government of India Animal Birth Control rules 2001 , no sterilized dogs can be relocated  from their area. Under 5 High Court orders , sterilized dogs have to be in their original areas. Even if the dog is not sterilized , the Society can simply ask an animal welfare organization to sterilize and vaccinate the dog. They cannot relocate him. Relocation is not permissible as it would cause more problems such as increase of dog bites as dogs are territorial by nature and fight to retain their areas keeping out other dogs.
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Do-it-Yourself (DIY)Series-1: How do we pick up street dogs and take them to the nearest vet in our car

We are no experts and neither do we run an animal ambulance or hospital that tends to animals. We do it one animal at a time and try to do our best in getting them treated/taking care of them and returning them back to the streets/areas where we picked them up/rescued them from.

We would like to share here what we have learnt, in our few years of doing this work on how best YOU can also try to pick an animal in need; place them in your car and take them to the nearest good vet for treatment/first aid.

Sometimes, a few regular visits to a good vet is all the injured street dog needs to recover back to full fitness. Also, try and learn some animal first aid; and keep a first aid kit handy with regular medicines (we will post that list as well shortly, please read this link: http://jaagruti.org/first-aid-for-dogs/)

Please remember sending each and very injured/ill animal to the animal hospital is NOT the solution. The animals recover better when treated on the streets, wherever possible, by animal lovers in the area. Vets like Dr. Vijay in Delhi, also do street dog sterilization surgeries (by prior appointments only) at his clinic in North West Delhi in the afternoon, post his regular clinic hours, at minimal costs for the dog lovers who tend to street dogs in their area and are willing to take care of the sterilized dogs in their homes for a few nights till they recover from the surgery, by sheltering them at their homes for this period of recovery.

However, dogs do try to run away when they sense that you are trying to catch them..when they are injured, they may also tend to bite you, that is not because they hurt you, but because they are already in pain, that may have been inflicted by ‘humans’ only, and are thus less trusting of you

So here goes our checklist for catching an injured dog and taking them for medical treatment:

1. Make sure you are atleast two people, as two are always better than one.

2. Take some dog food with you to tempt the animal to you and allowing the animal to trust you to pet/touch them.

3. Equipments you will need to catch a dog:

a. A naada i.e. a cloth string/rope that is used to tie pyjamas here in India)- it works better than a muzzle and we use the same to tie the dog’s mouth and then take it around the neck and tie it at the back of the neck. The naada is gentle and better on the snout.

b. A dog leash (one with collar and one without collar)- the handle of the leash without the collar also acts as a good thing to put around the dog’s neck, while sliding the leash through it so that it becomes a lock.

c. Cover your car seats/floor with a waterproof cloth or/and old bedsheets to avoid getting your car covers/flooring dirty, as the dogs may vomit (due to motion sickness), urinate or poo en-route, please be prepared for it (Do this preparatory work in your car before you go to rescue the dog)

4. Lifting the dog: Once the snout is muzzled and the leash is tied around their neck (which also gives us a chance to ensure that the dog doesn’t run away once we land at the vet’s clinic), and then  lift the dog up in your arms by placing your hands across/under their chest to establish a tight grip as you lift them up. Yes, you are thinking right, you need to be physically strong to lift dogs up in your arms this way.

5. Place the dog in your car: We take the dogs in our car, we have a Santro, we push down/fold down the backseat, so that the boot of the car and this space adds up and the dog has enough space. Sometimes, for small-sized dogs, we have used pet carriers; but mostly, we just place them in the car the above way and then when we reach our destination (the vet’s place/hospital), see photo below..once inside your car, roll down the window just by a few inches and not too much the dog tries to stick its neck out and run away.

Street dog being taken in our car for treatment at the nearest vet's clinic

Street dog being taken in our car for treatment at the nearest vet’s clinic

6. Also, try to ensure a crowd doesn’t gather (which may happen, as the dog being caught will try to scream as a defense reaction); too many people crowding together will make the animal nervous. To disperse the crowd, take help of your team mates and gently try to explain them what you are doing and request them to disperse.

What we do? We have, through experience, learnt to talk and explain about such things gradually with different kinds of people; and when we are only trying to benefit a living being, what’s the shame in trying to answer curious queries..people do listen. While we request people to move inside their homes and not crowd about as the animal is in any case scared, some listen, some don’t and when they don’t, sometimes we have to be forceful and assertive in requesting them, while trying to make sure that we don’t enter into a fight by offending their sensibilities, its a test of patience we agree, but then its all worth it.

7. Once you reach the vet’s clinic, either request help from their paravets to take the dog from your car to the vet’s examination room/table. Or ensure that you lift the dog back into your arms carefully (taking care that all other windows/car gates are locked) and take him/her inside the clinic.

Please do share your experiences by posting comments below. This is just a synopsis of what we do and what works for us..

Thanks.

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Can’t remove Pets or harass those who feed street animals, Municipal Corporation of Gurgaon tells RWAs

In the recent past, the Helpline at Jaagruti has received many calls from a lot of street dog lovers/pet owners in Gurgaon on the subject of their respective Resident Welfare Associations (RWAs) barring them from keeping pets or feeding street dogs or fining them etc., and we have directed them to take a stance against their respective RWAs taking inspiration from the content posted on this article of ours.

Taking notice of many such animal lovers rising up in unison, the Municipal Corporation of Gurgaon has taken an informed proactive stance on the matter and dispatched a stern letter to all such RWA office bearers on the adamance, arrogance and above all IGNORANCE being shown by their respective RWA office bearers on this subject, by coming out with warnings and society bye-laws that are in strict contravention to all the national laws.

We appreciate the position taken by Municipal Corporation of Gurgaon on this subject.

To all of these concerned compassionate people worried about the street animals and the pets they love, feed and take care off, the recent news in the Times of India comes as a welcome relief. Please read on.

Can’t remove Pets, Municipal Corporation of Gurgaon to RWAs

By Aditya Dev, TNN, 6th Nov 2012

GURGAON: Even as the management bodies of residential societies are making their own rules for keeping pets, the Municipal Corporation of Gurgaon (MCG) has written to various residents’ welfare associations warning them not to formulate rules and regulations regarding pets and that any such move is in conflict with the law. Such a move may lead to dissolution of the RWA and prosecution of its office bearers, says the letter.

The managing committee Kanchunjunga Cooperative Group Housing Society in Sector 56 had last year imposed a ban on its residents keeping pets. The Close North (Nirvana Country) management also recently banned flat owners from using elevators to take out pets and instructed them to use service elevators instead.

The corporation sent letters to RWAs this February following incidents of cruelty against animals by RWAs, their office bearers and residents were reported. It also came to light that a few RWAs attempted to prevent pet ownership through stipulations in terms of their rental or ownership agreement, threatening pet owners with electricity and water cut offs.

If any rule laid down by anybody is in conflict with the law of the urban local body, state body or central body it is automatically superseded and rendered null and void. The letter says that an RWA threatening discontinuation of basic facilities is illegal.

It is illegal to remove animals from the area through security guards employed by RWAs. Nor can they intimidate residents who may be feeding those animals. Under stray dog management rules 2001, it’s illegal for an individual, RWA or estate management to remove or relocate dogs. The dogs have to be sterilized and vaccinated and returned to the same area. Vaccinated and sterilized dogs cannot be removed by the municipality too.

Under Section 506 of the IPC, it’s a crime to threaten, abuse or harass neighbours who feed animals.

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This Diwali..think a little

Hi..we are sorry for not posting any entries on this blog for the past many months. I had hit a writer’s block!

There were too many things happening and a lot of animal cases to attend to that took away the emotional energy that I require to write.

The heartening aspect though has been that we were able to successfully foster back most of the dogs that we attended to, tended to and got treated back to fitness…these were dogs with maggot wounds, broken legs, VG (Vaginal Granuloma)/Venerial Tumour, Pus Wounds and swollen legs, aural haematoma. Their stories and pictures are something we would share with you all shortly.

First things first though.

I am writing this post to share with you a very personal story that always springs back to our (me and my brother Vivek’s) memories every Diwali or rather in the days nearing it, as we start hearing the noise of bursting firecrackers around us, like in the time that I am penning this down.

The year was 1997, I was in Class 11, studying Sciences at D.A.V Public School, Pushpanjali Enclave, Delhi. I was 15 years old at that time, and every Diwali, my mother would pay an uncle of mine (who had his shop in Sadar Bazaar area of New Delhi) to get a box, or often boxes full of an assortment of firecrackers for us, which we enjoyed ourselves with.

But, that year, there was something unusual and uncharacteristic that our school did pre-Diwali, something I had not seen or learnt about in my 7 years of being in that school.

Our school participated in an ‘Anti-Fire Cracker’ campaign. At first I thought, that this campaign was the school’s way of teaching us not to burn fire crackers as burning them lets to our air being polluted and us contracting a host of respiratory diseases. But I was mistaken.

Under this campaign, we were distributed these little red stickers which had the following text written in Hindi.

“Pataakhe nahi jalaayenge, baal mazdoori hataayenge”

(which in English when translated would mean “We will not burn fire crackers and help get rid of child labour”).

Child Labour and Fire Crackers?? I was confused. What was this being talked about…I listened with intent and that was when I first understood that children as old or many years younger to me are employed by Fire Cracker factories across India to make fire crackers, the fire crackers that I had joyfully burnt in all Diwali festivals prior to that year.

While, we the fortunate ones, used our soft and nimble hands and fingers to write, paint and play, in many a villages in India, children like me were labouring to churn out fireworks working for more than 10-15 hours a day, contracting unknown health ailments in the process of making these tiring efforts to feed themselves and their families.

Kids like her make fire crackers to light up your Diwali (Image Copyright: http://www.ilo.org)

A guilt overtook my conscience that day.

We pledged not to burn fire crackers any more, that Diwali onwards.

The pledge of ours was further strengthened when my fellow classmates enacted a play themed on this subject of ‘Child labour and Fire Crackers’ at the first ever Delhi School Eco-Mela (Eco-fair), held in the lawns of Delhi Public School, Mathura road.

Friends joined in and we convinced our family to not force us to burn fire crackers either.

It has been 15 years since those days and we have been able to stick to the promise we made to ourselves and the pledge we undertook and not burnt a fire cracker ever since.

In 1997, there was no internet we had access to, and neither were there these host of news channels, but today there are many and despite ‘legislations banning the use of children for labour’, many a million kids continue to be exploited and forced to work in and for such fire cracker units even today.

Spare a minute to read one such detailed news article  and watch through the news clips below and think a little before you pick up the next fire cracker to burn this Diwali.

Now choose your next step..

~

Vasudha

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Residential Societies can’t ban people from having Pet Animals

Over the past many months, Jaagruti’s helpline has been inundated with calls and queries from people across many major Indian cities, like Gurgaon, Mumbai, Bangalore and other metros where RWAs or Residential Welfare Associations that are formed in various societies have come up with ‘no pet clauses’ and are forcing residents therein to abandon their pets! This post is to apprise you all that ‘RWAs cannot come with such clauses which are both unconstitutional and unlawful.

Please click on the link below to download the notice that was sent to a society in Gurgaon sometime back by a team of well-respected lawyers. If you are facing a similar issue, then take guidance from the text mentioned therein and with the help of a competent advocate/law firm/your very own lawyer friends – get a similar notice drafted and get it sent across to the Office Bearers in your Housing Society. If they don’t get the point on reading your notice, drag them to the Consumer Courts. Remember that all those who have taken this step have won the case and so have their pets and dogs!

Click, Download and Read: Notice issued by respected law firm in Delhi to Kanchanjunga Coop.Group Housing Society in Gurgaon that was asking residents to abandon their pets

Also, read the below pasted Times of India article dated 24th May 2012 and spread it around!

Housing societies can’t prohibit pets, say legal eagles

By Journalist named Swati Deshpande

MUMBAI: Pet owners need not worry. Senior advocates say that housing societies cannot introduce by-laws to prohibit residents from keeping pets in their flats.The Maharashtra Cooperative Housing Societies Act does not prohibit members from keeping pets and no society can pass by-laws to ban pets or families with pets from society premises.

Mulraj Shah, a lawyer, says a cooperative housing society may-by majority vote- make a by-law against pet ownership, but that is only on the valid grounds of continuous nuisance created by such pets. Even such a resolution may not be binding on occupants as it would have to be tested for legality in court, said a constitutional law expert practising at Bombay high court.

In the past, courts have ruled in favour of pet owners. A housing society in Navi Mumbai was fined for having restrained a family pet from using the lift. The Thane consumer court in 2008 imposed a fine of Rs 5,000 and held that the society’s decision to prevent pets from using the lift without any valid reason amounted to “deficiency in service”. A family residing in a housing society is a “consumer” under the law.

In another important ruling in December 2010, a consumer forum in Mumbai Central ordered a housing society in Mahim to stop charging a family an additional Rs 500 for each of its pet dogs, which it said was illegal and directed that the amounts already collected be returned. Societies have a right to make rules for the benefit of its members but the law has to be reasonable and not impinge an individual’s fundamental freedoms and right to life, said lawyers.

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Indian Government bans use of live animals for education, research

As reported by Times of India’s Linah Baliga in a news report dated 17th April, 2012

MUMBAI: The Union ministry of environment and forests (MoEF) has banned the use of live animals in dissection and other experiments in educational and research institutions. But scientists conducting new molecular research will be exempted from the ban.

Based on the Prevention of Cruelty to Animals Act (1960), the MoEF has issued guidelines to the University Grants Commission, ministry of health and family welfare, Pharmacy Council of India and the Medical Council of India to discontinue dissection and experiments with live animals in universities, colleges, research institutes, hospitals, laboratories and instead use alternatives like computer simulation.

The MoEF says that the central government is duty-bound to use alternatives to avoid unnecessary suffering or pain to animals.

It states that effective alternatives in the form of CDs, computer simulations and mannequin models are available; they are not only effective as absolute replacements for animals in teaching anatomy or physiology but are also superior learning tools in teaching of pharmacy or life sciences.

The guidelines were framed based on the duties of the Committee for the Purpose of Control and Supervision of Experiments and Animals (CPCSEA), which has been constituted under the provisions of Section 15 of the Prevention of Cruelty to Animals Act (1960).

The committee comprises seven nominees – three nominees appointed by CPCSEA and the rem-aining four from educa-tional institutes.

“The animal experiments should be stopped in all institutes except for the purpose of new molecular research. Sometimes, in laboratories, a lot of work is repeated and animals become unnecessary victims. Only scientists researching on a new molecular theory can experiment on animals. In medical and pharmacy colleges, there is unwanted cruelty towards animals which can be avoided. These guidelines mention imprisonment for five years and monetary penalty,” said Mangal Jain, a nominee of the Institutional Animal Ethics Committee (IAEC), which is appointed by CPCSEA.

Hoshang Bilimoria, also a nominee appointed by the CPCSEA, said the guidelines were a welcome change.

“CPCSEA should give the nominees the power to inspect animals housed in educational institutes, experimentation centres or technical laboratories without prior intimation to the institutes. Cross-checks should also be maintained through other members,” said Bilimoria.

Additional Links for Reference:

1.  UGC Guidelines for discontinuation of dissection and animal experimentation in Zoology/ Life Sciences in a phased manner

2. Circular issued by Pharmacy Council of India to its Member Institutions_19 January 2012

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Jaagruti is looking for volunteers who can help us develop Computer Apps under our ‘Waste Management and Recycling’ Programme

We at ‘Jaagruti’ are looking for expertise to help us develop some small computer-based applications or Apps, as they are commonly referred to, pertaining to our ‘Waste Management and Recycling’ programme…under which for now we are helping institutions recycle their paper waste to begin with.

So if anyone of you, the readers of this blog or those who respect and appreciate the work we do – who wants to help us out with their skills in making small apps (programmers preferably skilled in ‘php’ and ‘mysql’ etc.) are welcome to write to us at contact@jaagruti.org and we can take the conversation forward therein.

We appreciate everyone’s skill and time and assure you that we will give credit (and honorarium!) to whoever helps us in making the App with the specifications we need.

Looking forward to hearing from you!

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The Rain Catchers – A Practical Guide to Solve Your Water Problems :

Director: Pradip Saha | Producer: Centre for Science and Environment
Genre: Documentary | Produced In: 2005

Synopsis: Catch rain where it falls. This is the unambiguous message carried by “The Rain Catchers”, a training and information video on urban rainwater harvesting. And for a world in which access to water – or rather, the lack of it – might drive the next major conflict, this message holds immense significance. The film is an easy-to-use resource guide. It answers all the key questions (including what is urban rainwater harvesting and how is it done), and goes further to look at policy dimensions, products and technologies and maintenance issues across a range of geoclimatic zones in India.

The film takes the viewer to different cities documenting a wide range of very interesting and successful urban water harvesting case studies from industry, academic institutions (university campuses and schools), residential buildings, clubs, colonies, slum dwellings, urban water bodies and sports facilities (stadiums).