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.

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.”

If you’re different from the crowd, be proud of it

A few weeks back, someone happened to share with us the following article over an e-mail, the reason we are sharing it here is because we also get asked such questions repeatedly, by the people whom we interact professionally or personally, the most common of them being Why do you work for animals, when there are so many suffering humans around?

Also when we attend to animal-issues specific calls on the Jaagruti helpline, some callers often try to argue with us on the subject saying, ‘human lives are more precious than animals, Madam!’

This article, kind courtesy of OpEd News by Dr. Charles Patterson, author of Eternal Treblinka: Our Treatment of Animals and the Holocaust makes for an inspiring read for people like us, and also tries to address those who question people like us who dare and care to be different in their own quiet ways to make a difference to the animals around them and the humans who care for them.

“Against the Current”

How often have you heard complaints that animal activists are misguided and have misplaced priorities? The implication is that people who care about animals are disrespectful of or even hostile to human values, the oppression of animals being the oldest and most strongly defended human prerogative. Critics ask, how can the interests of animals in any way be as important as human problems like war, poverty, disease, hunger, AIDS, racism, genocide?

Those who claim that the lives of animals are of little or no importance reflect the deep-seated speciesism of our society. They defend the status quo of human supremacy as strongly as the supporters of slavery and white supremacy used to claim that the lives and well-being of slaves were of little or no importance.

Another deep-seated conviction of our society is that when it comes to animals, might makes right. The late AIDS and animal activist, Steven Simmons, described the attitude: “Animals are the innocent casualties of the world view that asserts that some lives are more valuable than others, that the powerful are entitled to exploit the powerless, and that the weak must be sacrificed for the greater good.”

This is, of course, fascism pure and simple. Indeed, it was Mr. Fascism himself, Adolph Hitler, who stated the matter directly: “He, who does not possess power, loses the right to life.” How ironic that Hitler’s view is now flourishing in the United States where millions of cows, pigs, sheep, chickens and other innocent animals are killed every day because they are powerless to defend themselves against the might of the master species.

The great divide between humans and the rest of the earth’s inhabitants began about 11,000 years ago in the Middle East with the so-called “domestication” of animals. The enslavement of oxen, sheep, goats and other animals quickly led to human slavery and the treatment of human slaves like animals. The enslavement of animals increased significantly the level of cruelty, oppression, and conflict in human history.

The vilification of other people as animals followed. Europeans called Native Americans beasts, wolves, and snakes, and Africans transported to the Americas to be sold into slavery were treated like domesticated animals. During World War II Americans described the Japanese as yellow monkeys, dogs, rats, and vermin to be exterminated.

The vilification of people as animals made it that much easier to kill them because most humans have been brain washed from an early age to have little regard for the lives of animals.

In the memoirs of Holocaust survivors, the constant refrain is “they treated us like animals.” Victims of the Nazis were transported to extermination camps in cattle cars and were killed in assembly-line fashion, much like animals are killed today in American slaughterhouses.

The grim but undeniable truth is that our civilization is built on the exploitation and slaughter of animals, and it is from this core oppression that all other atrocities flow. The abuse of animals and the destruction of the earth are the crux of what’s wrong with our society.

Those who advocate for animals and fight for their liberation, radicals in the best sense of the word, are attacking the roots of human oppression in the most direct and effective way. Thank goodness there are people willing to go right to the heart of the matter with their dedicated activism. Each and every one of them is a hero and will be judged as such from the hindsight of history.

I’m reminded of the observation that Harriet Beecher Stowe, author of Uncle Tom’s Cabin, made more than a century ago. “It’s a matter of taking the side of the weak against the strong,” she said, “something the best people have always done.”

Don’t let anyone tell you that the life-and-death struggle for animals liberation against the fascist underpinnings of our society is anything other than a noble enterprise of the utmost urgency. Nothing is more important.

And don’t worry too much about complaints and criticism.

You will be going against the current of what society thinks, but so be it.

To quote the German poet Goethe, “The world only goes forward because of those who oppose it.”

 

About the author – Dr. Charles Patterson:

Dr. Charles Patterson is a social historian, Holocaust educator, editor, therapist, and author. His first book, Anti-Semitism: The Road to the Holocaust and Beyond, was called “important” by Publisher’s Weekly. The National Council for the Social Studies in Washington, D.C. presented Patterson with its Carter G. Woodson Book Award for his biography of Marian Anderson at a special luncheon at its annual convention in St. Louis, Missouri in 1989. His most recent book is Eternal Treblinka: Our Treatment of Animals and the Holocaust (now in 15 languages). For more information on his writings and activities, see his website.

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.

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

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.

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

Educating emotions

The below article written  by Eunice deSouza in Pune Mirror is worth reading and sharing with as many ‘humans’ as you know.

For this post says so much of what we at ‘Jaagruti’ always wanted to put in words. As she rightly pens, ‘People need lessons in empathy, the imagination to put themselves in place of others or animals’…to spare a moment and feel the way the animals would with all that we humans mete out to them.

People need to realise the
benefit from contact with animals
and the natural world

I happened to be standing at a local bus stop one day when children were returning from school. I suddenly noticed a small group of young boys had collected and were staring at something on the wall behind me.

They were picking up stones. I look around, and there was a chameleon on the wall which the children were determined to kill. I shooed them away, but they kept coming back. Would “blood-lust” be too strong a term to describe the way they behaved?

Children as young as two pick up stones to throw at inoffensive dogs having a nap, while their bovine mothers stand there saying nothing. Of course, if the dog were to give the child a nip in return, all hell would be let loose.

Then there was the dog whose eyes were bleeding. We were to take him to hospital, but he was in a panic and rushed here and there. The young men who were trying to catch him finally succeeded. But in the meantime, a crowd had gathered, laughing and cheering.

You wouldn’t think all this could happen in a country where we are so ready to say our feelings have been hurt! Is this because, in our educational system and elsewhere, we don’t think seriously in terms of educating emotions?

In his autobiography, John Stuart Mill talks about the rigorous system his father put him through. If I’m not mistaken, he says that from the age of three or so, he was made to study Greek, Latin, History, and a great deal more.

At some point in his life, he felt so dead that he was near a nervous breakdown. It was then that he found relief and salvation in reading Wordsworth, whose work put him in touch with feelings that were both experienced and explored.

He is a poet who was as relevant then as he is now: “The world is too much with us; late and soon,/Getting and spending, we lay waste our powers: Little we see in Nature that is ours;/We have given our hearts away, a sordid boon!”

Valuing Science, Engineering, Medicine, Technology is fine. But we are more than scientists, engineers, doctors or computer specialists. Empathy, the imagination to put ourselves in the place of others, doesn’t always come naturally. (It does to my dog.

When I came home with a bandaged eye, he looked at it for a while and then licked my hand.) Nor can we expect to feel empathy all the time for everyone and everything. I, for one, would have happily machine-gunned that lot laughing and cheering while looking at the blind dog.

Sometimes, when I reach a point when I feel I can’t stand any more of this, something reassuring happens. One of half-a-dozen or so of small businessmen who look after animals, and are around the corner from me, asked me to look at a dog the other day.

The dog had a head wound infested with maggots. He was not a local dog. Wounded dogs often run from place to place because they are so distressed. Often people shoo them away. I knew there was really no hope for the dog. When I said this, the shop owner said, “Let’s give him a chance.” So we called the ambulance.

Obviously, people like him don’t need lessons in empathy. They know that we benefit from contact with animals and the natural world as much as animals/ birds benefit from our caring. But perhaps, till the great revolution in empathy arrives, we can make a small start: persuade ourselves to put out a bowl of water for thirsty animals and birds in this awful weather.

Delhi International Airport Limited’s (DIAL’s) Paper Recycling Initiative with ‘Jaagruti’ gets featured in the National Press

Delhi International Airport Limited’s Paper Recycling Initiative with ‘Jaagruti’ gets featured in the National Press on 2nd April, 2012

To read the Online version of this news story, please click here

Excerpt from this story is quoted below:

The Indira Gandhi International Airport here has initiated measures like using recycled papers at its premises in a bid to become a ‘green airport’. After putting in place some of the green initiatives like rainwater, use of natural lights and efforts to reduce emissions, the airport operator, Delhi International Airport Limited (DIAL), has now decided to use recycled papers in its offices. For this, DIAL has entered into an agreement with an NGO ‘Jaagruti’, which will recycle the waste paper generated in its offices and get the notepads or A4 sheet made from the recycled paper.

 “The collected waste paper would be systematically graded and transported to the recycling mill. There it would be processed to make different quality of recycled paper by using Elemental Chlorine Free (ECF) bleaching technology,” a DIAL spokesperson said.

 This would save 17 trees, 26,281 litres of water, 264 kg of air pollution, 1,752 litres of oil, 4077 KW hours of energy, 82.62 cubic feet of landfill space, he claimed. As a part of the initiative, DIAL shared one tonne of paper waste for recycling to Jaagruti. “DIAL is committed to conducting its business in an environment-friendly and sustainable manner at IGI airport by minimising the impact of our activities on the environment and community. Environment Management is an integral part of our business strategy towards achieving credibility and business sustainability,” DIAL CEO I Prabhakar Rao said.

If you or the organisation you work with want to associate with ‘Jaagruti’ under our Paper Recycling Initiative to recycle your waste paper, please contact us by filling the form below or calling us on +91-9818 144 244 or writing to us on contact@jaagruti.org