Category Archives: Take Action!

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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“Feeding stray dogs is not a crime”: Mumbai Court clears duo arrested, humiliated for feeding dogs

Today’s Mumbai  Mirror reports this heartening news, as reported by their correspondent Yogesh Sadhwani:

Court clears duo arrested, humiliated for feeding dogs

Sanjeev Dighe (pictured) and Yatin Mhatre were paraded around, ostensibly to show other residents what happened to people who fed strays (Courtesy Mumbai Mirror_2nd April 2012)

Two animal lovers from Thane, who were arrested and humiliated two years ago after a stray dog they used to feed allegedly bit a resident, have finally been acquitted, with a magistrate court ruling that feeding strays was not a crime.

The order provides welcome relief for animal lovers in the city, many of whom are pulled up by their housing societies for taking care of strays. Only recently, well-known director Partho Ghosh had a quarrel with his society management when he was fined Rs 1000 in his maintenance bill for feeding two stray dogs. His family, incidentally, had been taking care of them since they were pups.

This order is only the first victory for Sanjeev Dighe and Yatin Mhatre, who are fighting a separate case in High Court against the State and the police for handcuffing them and parading them around their society. In this, they are being represented by Mahesh Jethmalani and have the backing of, among others, Maneka Gandhi.

For Dighe, a commercial artist, and Mhatre - both residents of Lok Puram complex in Thane - the nightmare started on September 20, 2009. The duo had been feeding strays in their locality for several years, something that had led to many altercations with society members. Dighe says the residents believed this would lead to an increase in the stray dog population in the area.

That night, Dighe was getting ready to go out and feed the strays around 10.45 pm when a posse of cops arrived in a private vehicle and asked him to accompany them to Vartak Nagar Police Station. Mhatre accompanied him there, and a few hours later, the duo were booked under Section 289 of the Indian Penal Code, which deals with animals in a particular person’s care attacking someone.

The next morning, both were handcuffed and taken to their society, where they were paraded around, ostensibly to show other residents what happened to people who fed strays. They were then taken to a holiday court, which released them on bail.

In a recent order, Jaishree Poonawala, judicial magistrate first class, remarked that “feeding stray dogs is not a crime”, adding that strays were not the same as pets and certainly not the sole responsibility of those who feed them.

“After our arrest, Maneka Gandhi personally got involved and helped us file the petition in HC through Mahesh Jethmalani,” said Dighe.

This order itself has come as a huge relief to Mhatre and Dighe. “Finally justice has prevailed. Several people like me are often victimised by residents who do not like others feeding strays. We hope this order will help others like us,” said Dighe.

Ajay Marathe, a noted animal rights activist, pointed out that incidents of animal lovers being victimised were common in Mumbai. “Those who feed dogs in their area are treated badly. Most residents are against such feeding and come up with random rules to stop them,” said Marathe.

RK Joshi, convener of Committee to Monitor Animal Welfare Laws in Maharashtra, has recently written to the BMC commissioner highlighting the issue of societies trying to get rid of stray dogs.

He has pointed out that years after Bombay High Court laid down the guidelines for dealing with stray dogs - the HC has put an emphasis on animal birth control and sterilisation - people continued to harass dogs and animal lovers.

“There is growing tendency in housing societies not to permit stray dogs on the society premises or even in the vicinity. There have been instances when dogs are brutally assaulted by the society members or the watchmen,” the letter states, adding that instances of animal lovers being assaulted were common.

The letter urges the commissioner, who is also the chairman of the Monitoring Committee, to urgently look at these issues and ensure that animal lovers and dogs were not harassed.

~~

Ms. Anjali Sharma, Advocate and Legal Advisor to the Animal Welfare Board of India, says that what is extremely significant is this part: “In a recent order, Jaishree Poonawala, judicial magistrate first class, remarked that “feeding stray dogs is not a crime”, adding that strays were not the same as pets and certainly not the sole responsibility of those who feed them.”

This is, as Ms. Sharma explains, because these men had been arrested under Section 289 of the Indian Penal Code – ‘negligent conduct with respect to an animal’, after a stray they were feeding bit a resident of the locality. Section 289 applies to pet dogs, but there has been an increasing attempt on the part of many, including police, R.W.A.s, etc. to bring feeding of strays, and any aggression the strays may show if provoked, within the ambit of this Section.

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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).

 

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Peep underneath your car…there could be a life sleeping underneath

23 September 2011: We found Hasmukh sitting next to an electricity metre box in the service lane on the road a kilometre off our place. On our next round that evening, he was still sitting at that spot, panting. On checking with the chowkidaar (security guard) there, our worst fears came true. Hasmukh couldn’t stand up on his hind legs and thus couldn’t walk. Hasmukh was not a street dog of this area, and as we learnt he used to stay across the road and since the chowkidaar and ragpickers found him dragging himself on the middle of the main road, they kept him this side.

If you are wondering why we named him Hasmukh (which means ‘Smiling face’ in English), thats because that was the first name that popped up in our head as we saw him with his lower canine sticking out from one end of his lower jaw :)

We were not interested in packing Hasmukh off to an animal shelter, which is for us always the last preferred option. We lifted him in and brought him to a safe and secluded neighbourhood park, which was clean and not being used by either humans or other street dogs. We made him a nice cosy bed of grass there and fed him that night and decided that we will do our best to get him standing on his feet using the best possible medication underneath open the open sky than make Hasmukh feel depressed amidst hundreds of other sick animals lodged at a shelter.

Hasmukh: Day 1 in the park we kept him in

24 September 2011: Morning time, we went to feed Hasmukh and found big ants stuck around his genitals, a fearful sight and painful because Hasmukh had no sensation of all of them sticking around there, we removed the insects and applied medicines over him to keep the insects away. Amidst all of this, the positive aspect was that Hasmukh was eating well and by the afternoon meal, we knew he loved milk, cheese and pedigree while he had trouble digesting rotis because of his deformed jawline.

We requested the vet to come over that evening and check on him as we didn’t want to put Hasmukh through the trouble of being driven in that condition…it was pitch dark when the vet came and when he did the pin prick test on his hind legs, Hasmukh could not feel any sensation at all!

A couple of painkillers and a multivitamin injection were administered to Hasmukh and we decided to get the course repeated every two days and observe and feed him in the meantime.

27 September 2011: After the previous injections, Hasmukh had become more active, he was sitting in attentive doggy poses the whole day and even growled a female dog that came too close to him away…we were happy by the progress he was making. On 27th night, we repeated the dose of injections.

Hasmukh began sitting attentively whole day long

28 September 2011: At a Street Dog Anti-Rabies camp, we discussed Hasmukh case with another trusted vet of ours and gained in optimism when we learnt that a paralysed dog can be brought to feet by giving him a course of homeopathic medicines for a month, which can also be aided by an allopathic medicine named Methycobal (to be given morning and evening). Excited and optimistic, we got the medicines that very night.

29 September 2011: The fickleness of life came to the fore. We went to feed Hasmukh that noon and saw a sight that scared the wits out of us.  He had a big gaping wound with pus…on the pelvic region of the right hind leg just next to the tail and there were flies hovering around that portion, fearful that maggots would infest him, we got him to our home and took him to our trusted vet (Who had prescribed the homeopathic dose the previous day). It was in that visit to the vet, that all our optimism gathered through the previous day came to nought, the vet examined his back portion and told us that as per his analysis, he had a spine fracture and it was due to that spinal fracture, that Hasmukh’s hind legs had been rendered immobile, though we did believe that from day 1 till now, he had started feeling few sensations back…The vet gave his verdict, Hasmukh should be put to sleep if the spine fracture gets confirmed, his life would be full of misery otherwise.

Shocked! We asked our vet two questions…what was that big gaping wound that had come up on his hind leg? “Its a bedsole”, the vet answered…”it will not get healed”, he said and rather such bedsoles will gradually form on different portions of the legs in times to come as bedsoles happen when the body is immobile”.

Hasmukh's bedsole

Our next question, can a spinal fracture be healed? And our vet answered, “No, not even in humans…though there are surgeries these days for humans, but the chances of surviving the surgeries are remote and the risks too many as even one nerve getting hurt during the operation, can paralyse the whole body”.

Our hopes crashed that night and we got Hasmukh home back with us, and gave us a cushiony mattress, food and lots of love over the next two days. We wanted him to live the best days of his life.

Hasmukh comes home

…on 1 October 2011, the whole evening, Hasmukh for the first time, made us hear his voice, he was talking or crying in pain, we would never know…but he wanted us to sit next to him and only then would he be quiet else he would start those voices again.

2 October 2011: We had planned to get Hasmukh’s Spinal Cord X rays done and we did. Only to see the terrible condition in which his spine had been fractured. See below, the overlapping fractured bones and the 1 inch gap between the fractured overlapping portions.

Hasmukh's Spinal Cord X-ray: The Final Verdict!

Hasmukh stood no chance of recovery and his bedsole was only increasing in girth. To relieve him off his pain and suffering, with a stone on our hearts, we decided to let him go. All animals go to heaven is what we believe and so would Hasmukh, we knew.

A lingering question pained us no end…How did Hasmukh fracture his spine so badly? Clearly because a senseless driver in hurry had not bothered to look underneath his car where Hasmukh might have been resting on that fateful day, the car romped over him.

Rest in peace dear Hasmukh.

Rest in Peace dear Hasmukh

The ten days that you spent with us gave us a lesson for life. Your patience was admirable, your spirit indomitable and needless to say, your smile was lovely and thats why we named you ‘Hasmukh’.

And to all of you reading this, just remember to pass this word on, that the next time you turn your car’s ignition on to embark on a road journey, please spare a moment to peep underneath your car to check if an animal like Hasmukh is resting underneath your car, next to the tyre or flat on the ground under the shade of the car.

Try to shoo that resting animal away by blowing a horn or making some other strange noise to scare him away, atleast that will ensure that the beginning of your road journey is not the end of someone’s journey of life.

Shoo the dog away if he is sleeping underneath your car, lest you drive over him and crush its bones (Courtesy: http://www.bkkpetfoto.com)

Please drive safely.

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In defense of the street dogs of Kashmir

http://www.thepetitionsite.com/1/jkmassculling/
 
Dr. Asgar Samoon, Divisional Commissioner, Kashmir, had issued orders in March 2011 to kill all street dogs of Kashmir.

A qualified veterinarian, he has admitted to the Animal Welfare Board  of India, to requesting the ‘public’ to identify rabid dogs !

He obviously hasn’t let his veterinary knowledge come in his way. Carnage is reported to be occurring in Kashmir everywhere. Dogs are being poisoned and killed brutally in the name of rabies which is nowhere to be found or identified.
Mass graves are being dug and dogs being dumped into that. Any neighbour who has a grudge against another with a pet has now the licence to kill that pet dog.

Animal activists have demanded suspension of the Divisional Commissioner and appealed to the Veterinary Council of India to revoke his licence as he is not fit to be a vet. If you support this, please write to:
 
VETERINARY COUNCIL OF INDIA
A statutory body of Government of India established
under the Indian Veterinary Council Act 1984.
A-Wing, 2nd Floor, August Kranti Bhawan
Bhikaji Cama Place, New Delhi – 110066
Phone: 011-26184149, 26184354 Fax: 011-26182434
Email vciinfo@vhub.nic.in
 
 
AWBI has also send notice to Dr. Samoon which is attached here.

Below are presented a series of articles that explan why Kashmir needs its street dogs…in a state which has been marred by violence, bloodshed and terrorism all these years, this state provoked bloodshed of innocent animals will only bring in more misery to the state. Read on..

Article in Greater Kashmir

Srinagar needs its street dogs. Here’s why …

Other opinion by Lisa Warden

Do you consider street dogs to be a barking, snarling, stinking menace? Do you wish they would all just get hauled off somewhere and be made to disappear? Perhaps you’re even one of the many people who support the poisoning of dogs. If so, then you are doing yourself and your family a distinct disservice. This is why:

People still die every year in India from rabies, the majority of those due to bites from infected dogs. Death from rabies is completely preventable; it’s a disease that has been eradicated in many parts of the world. Ironically, the best defense against rabies is not the absence of dogs, but their presence – the presence of vaccinated dogs, that is. Dogs that have been vaccinated against rabies actually serve to protect the human inhabitants of their neighborhoods from the disease.

How? Simple. Dogs are territorial creatures. They do not allow new dogs to migrate into their areas. If, in addition to anti-rabies vaccination, the dogs have been sterilized, they will not reproduce, and the dog population in your area will decrease naturally over time. The average life expectancy of a dog in urban India is only 3.4 years.

 The killing of dogs does not work as a population control policy. It has never worked anywhere in the world that it has been undertaken, even when the numbers of dogs killed are in the tens of thousands. This is because dogs are so fertile that they simply repopulate the existing habitat in the subsequent breeding season.

 Furthermore, in cities like Srinagar, where public sanitation is still a work in progress and there is ample garbage lying around, dogs perform an essential service, that of waste processing. Garbage is habitat. If there are no dogs in a place with lots of uncollected waste, nature will fill the vacuum with some other scavenger, inevitably one that is more problematic in its relationship to humans. Take what happened in Surat in 1994. The municipal authority made the decision to kill thousands of dogs. Cause led to effect: the rat population, all of a sudden blessed with a massive increase in available food (garbage), and thousands fewer predators (dogs), exploded. Bubonic plague eventually arrived on the scene, and hundreds of people were infected. Fifty-seven people died.

Are dogs ever a menace? Yes, and those that engage in bonafide, unprovoked, biting attacks on humans need to be removed from the population. This needs to be done by qualified animal welfare workers. However, the two most significant factors that result in dog bites – migration and mating – are actually exacerbated by killing or removing dogs, and failing miserably at the sterilization project.

Let me reiterate, if Kashmiris are serious about addressing the “dog menace” in their cities, killing dogs categorically will not work. This has been proven time and again the world over. The only solution that has been scientifically proven to eradicate rabies and decrease the street dog population has been large-scale sterilization and anti-rabies vaccination. Further, it is essential to the success of any intervention that the dogs be put back in their original locations following sterilization and anti-rabies vaccination.

 Whether you love dogs or hate them, it is in your best interests to let your neighborhood dogs live in peace exactly where they are. You just need to ensure your municipal authority does its duty by sterilizing and vaccinating those dogs. Things will not get better until 75 per cent of the street dog population of Srinagar has been sterilized, vaccinated against rabies and left in peace, and until the municipal authority implements proper waste management reform.

 (The author Lisa Warden is founder and director of DOGSTOP, a non-profit advisory group dedicated to rabies eradication and street dog population management in India. She also serves as advisor to ABC India, a pan-Indian organization devoted to the control of street dog populations throughout the country via large-scale sterilization and anti-rabies vaccination.)

Article in The Pioneer

Mass killing of loC that guard Kashmir

By Hiranmay Karlekar

The slaughter of street dogs in the Kashmir Valley calls for a full inquiry. The hapless animals served as watchdogs for the Army against infiltrators crossing the LoC and alerted security forces whenever danger was afoot.

The reported mass killing of stray dogs in Srinagar merits a serious probe. On September 22, 2009, a report in The Times of India by Ajay Sura had stated that stray dogs had become watchdogs for the Army against infiltrators crossing the Line of Control in Jammu & Kashmir. The report quoted Lt-Col NK Airy, spokesperson for the Army’s Tenth Division, as saying that these dogs recognised troops and local civilians and started barking whenever there was any movement of strangers. They were quick to train, easy to maintain, did not take a huge amount to procure and could not be recognised by the infiltrators as Army dogs.

Many Army officers have testified to the invaluable role of such dogs. One of them is Mr Habib Rehman, who began life in the Army and retired as the head of a well-known hotel chain. In his touching book, A Home for Gori, about a dog who adopted his family and became a deeply-loved member, he narrates how his love for dogs was awakened by his acquaintance with Bullet, which he made as a Second-Lieutenant posted in what is now Arunachal Pradesh. Every Army picket from the LoC in the north-west to Arunachal Pradesh in the north-east, had a dog like Bullet, a mongrel of Bhutia origin of the kind found all along the Himalayan ranges, as an additional member, rendering signal service in alerting it to an enemy’s approach and any other threats. A deep bond invariably develops between such canines and Army personnel.

In an article entitled The dog that did India proud in The Pioneer of March 24, 2007, Major-General Ashok Mehta (Retd) wrote fondly about Krupa, a Bakerwal puppy, who was picked up in 1963 and lovingly reared by a unit of the Gorkha Rifles serving along the LoC, then called the Ceasefire Line. Krupa did yeoman service not only with it but also the Sikh and Garhwal regiments that followed

Law enforcing authorities everywhere have acknowledged the important role played by stray dogs. As Director-General of Police, Andhra Pradesh, Mr Swaranjit Sen had advised police stations to adopt stray dogs for being alerted against approaching Maoists. Not surprisingly, Maoists in West Bengal had asked villagers to kill all village dogs. Even earlier, terrorists coming across the Line of Control had asked villagers close to it to kill their dogs; so had terrorists in Punjab.

The point in mentioning all this is the recent report in several newspapers of Sajjad Afghani, an important leader of Jaish-e-Mohammad, being killed along with this bodyguard, Omar Bilal, by the Jammu & Kashmir Police in an encounter on March 10. The reports quoted Mr RM Sahai, Inspector-General of Police, Kashmir, as saying that they were trying to set up a base in Srinagar “to carry out big strikes in the future on security force installations”. Was the killing of stray dogs meant to facilitate the strikes? The matter needs to be investigated because of the State Government’s shocking delay in entering into a partnership with the Animal Welfare Board of India in implementing the canine Animal Birth Control programme, the only effective means of controlling stray dog populations.

Terrorists have reason to oppose the programme which involves the neutering and vaccination (against rabies) of stray dogs and their return to where they had been picked up from. Implemented area-wise, it is calculated to taper off a city or State’s stray dog population as the neutered and vaccinated dogs live out their life-spans. This means that they will continue to remain in their areas for some years and continue to alert security forces to the approach of terrorists who, one hopes, would be routed by the time the dogs live out their biological life-spans.

On the other hand, as the Guidelines for Dog Population Management, jointly released by the World Health Organisation and the World Society for the Protection of Animals in 1990, killing never succeeds in providing a solution. What it can do, however, is a temporary reduction of stray dog populations in specific areas and thus help terrorist strikes. Is this the reason why some in Jammu & Kashmir oppose the implementation of the ABC programme and favour killing? If so, who are they? One needs to find out.

Article in The Pioneer

Stray dogs alert terrorists’ approach

By Hiranmay Karlekar

As several authorities cite that stray dogs warn of approaching terrorists, there is every possibility that terrorists are orchestrating not only a mass hysteria against stray dogs in Kashmir but also the demand for their killing

A report in Greater Kashmir of April 21, 2011, states, “The police top brass (on) Wednesday dispelled the notion given by some media agencies that the elimination of stray dogs would facilitate a rise in militancy”. The report did not mention the name of the agencies but carried quotes from my column in The Pioneer of 17 March on the mass killing of stray dogs in Srinagar, which clearly indicated that the reference was to the latter. The report further quoted a Deputy Inspector General of Jammu & Kashmir Police as saying that there was no relationship between stray dog populations and militancy, which were altogether different issues. It quoted the DIG, who described “dog menace” as a big issue”, as saying that it was for bodies like the Srinagar Municipal Corporation to “get rid of the problem.” The police was ready to help them in whatever way they wanted.

I will begin with reference to my column. The part of it which referred to terrorism in Kashmir, mentioned among other things, media accounts of the death of a JeM militant and his driver in an encounter with the police on March 10, and added, “The reports quoted Mr RM Sahai, Inspector General of Police, Kashmir, as saying that they were trying to set up a base in Srinagar ‘to carry out big strikes in the future on security force installations.’ Was the killing of stray dogs meant to facilitate the strikes?” Clearly, I was referring to efforts to set up bases to carry out big strikes and not, repeat not, increasing militancy. The two are entirely different things.

A terrorist strike is a single act. It is a part of militancy, which is a complex and wider phenomenon. At one level, militancy is the state of mind which is a blend of alienation, anger and aggression, prone to explode in violence. Since violence is an expression of militancy, the latter at the social context connotes a situation created by violence and the aggression associated with militancy. An increase in militancy means a rise in the incidence of militancy-related violence and the number of militants, as well as the spread and intensification of the aggressive mindset associated with militancy.

A single terrorist strike — or several strikes — however severe, need not indicate increasing militancy if more strikes do not follow. It is easier to organise a single or a couple of terrorist strikes than sustaining an increase in the level of militancy which requires the establishment of an infrastructure for procuring funds, arms, ammunition, explosives and the provision of electronic communication facilities through emails, phones and so on. It also requires propaganda for the militants’ cause, recruitment, training and indoctrination of terrorists and the organisation of shelters, false travel and identification documents, and storage of arms, explosives and so on. Nine-eleven in the United States and 7/11 (attacks on London’ underground subway system) in 2005 sent shockwaves throughout the world but did not lead to rising level of militancy in America and Britain.

Surprise is critical to the success of terrorist strikes. It can be neutralised by an efficient intelligence set-up which collects advance information and pre-empts terror strikes and destroys terrorists’ infrastructure. Equally, a strike can be neutralised if an alert is sounded as terrorists approach their target, enabling the security forces to repulse them. As several authorities cited in my column aver, stray dogs sound precisely such an alert. There is, therefore, every possibility that terrorists are orchestrating not only a mass hysteria against stray dogs in Kashmir but also the demand for their killing.

It is possible that the reporter, who did not understand what I had written, had also failed to understand what the DIG had said. If, however, the latter did say what he reportedly has, then he has betrayed a very narrow and conventional approach to counter-terrorism which ignores the complex and mutli-dimensional nature of the challenge. Referring to terrorism in India, Maj-Gen (Retd) Afsir Karim writes in his contribution entitled “Terrorism: the Indian Experience”, in Confronting Terrorism edited by Mr Maroof Raza, “The challenges of internal destabilisation, subversion, creation of administrative and economic chaos, and engineering divisions among diverse socio-political and ethnic groups cannot be met by conventional responses.” No further comments.

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Animal Abuse-from F.I.R to Jail

We at Jaagruti had attended the ‘India for Animals’ 2011 conference held at Chennai from 29-31 January 2011, with the objective of sharing our learnings from the conference with the readers of this website as well as the many people who keep searching the internet for information on such topics and often end up being disappointed with the paucity of easily understandable information available online on subjects of animal welfare and laws for the common man who cares for animals on the street and empathizes with the suffering of animals. The information presented below will be useful for reporting cases and lodging F.I.Rs with police on issues other than animal abuse as well.

Mr. Ajay Marathe, an RTI Activist from Mumbai shares this important brochure titled, “First Information Report (F.I.R) and YOU’ prepared by the Commonwealth Human Rights initiative which provides answers to all the questions related to F.I.R’s that may cross our mind often. You can download this brochure by clicking here.

Below is a handout shared by Ms. Anjali Sharma (Advocate, Legal advisor and board member, Animal Welfare Board of India) and Inspector Ajaib Singh of Punjab Police in the workshop they had held on Day 2 of this conference titled, “Animal Abuse-F.I.R se Jail tak‘

WHAT IS AN FIR, AND WHO CAN LODGE AN FIR?

First Information Repot (FIR) is a written document prepared by the police when they receive information about the commission of cognizable offence.  It is generally a complaint lodged with the police by the victim of a cognizable offence, or by someone on his/her behalf.  Any one who knows about the commission of a cognizable offence, including a police officer who comes to know about the same, can lodge an FIR.

WHAT IS A COGNIZABLE OFFENCE?

A cognizable offence is one for which the police are authorized to start investigation on their own, and do not require any order from the court to do so. They are authorized to arrest without warrant.

WHAT IS A NON-COGNIZABLE OFFENCE?

A non-cognizable offence is an offence in which a police officer has no authority to arrest without warrant.  The police cannot investigate such an offence without the court’s permission.

THE POLICE MAY NOT INVESTIGATE A COMPLAINT AND REGISTER FIR IF:-

(i)              The case, in the opinion of the officer in charge of a police station, is not of serious nature;

(ii)            The police feel that there is not enough ground to investigate.

However, the police must record reasons for not conducting an investigation, and in the latter case, must also inform the complainant.

HOW SHOULD YOU GO ABOUT LODGING AN FIR?

i)                Inform the officer in charge of the concerned police station, either orally, or in writing, regarding the commission of the offence ;

ii)              When information about the commission of a cognizable offence is given orally, the police must write it down ;

iii)            It is your right as the person giving information regarding the commission of an offence to demand that the information recorded by the police be read over to you.

iv)             You should sign the report only after verifying that the information recorded by the police is as per the details given by you.

v)               Always ask for a copy of the FIR, since it your right to get it free of cost.

WHAT SHOULD YOU MENTION IN YOUR COMPLAINT THAT YOU WANT REGISTERED AS AN FIR?

  • Your name and address;
  • Date, and time and the location at which the incident that you wish to report about, occurred;
  • An accurate description of the incident that you wish to report;
  • Names and descriptions of the persons involved in the incident.

WHAT CAN YOU DO IF YOUR FIR IS NOT REGISTERED?

  • You can meet the Superintendent of Police or other higher officers like Deputy Inspector General of Police or Inspector General of Police, and bring your complaint to their notice.
  • You can send your complaint in writing and by post to the Superintendent of Police concerned.  If the Superintendent of Police is satisfied with your complaint, he shall either investigate the case himself or order an investigation to be made.
  • You can file a private complaint before the court having jurisdiction.

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THE POLICE ACT, 1861

An Act for the Regulation of Police

Preamble: – WHEREAS it is expedient to re-organise the police and to make it a more efficient instrument for the prevention and detection of crime; It is enacted as follows: -

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34. Punishment for certain offences on roads, etc:- Powers of police officers.-

Any person who, on any road or in any 2[open place or] street or thoroughfare within the limits of any town to which this section shall be specially extended by the State-Government, commits any of the following offences, to the obstruction, inconvenience, annoyance, risk, danger of damage of the 3[ residents or passengers] shall, on conviction before a Magistrate, be liable to a fine not exceeding fifty rupees, or to imprisonment 4[with or without hard labour] not exceeding eight days; and it shall be lawful for any police officer to take into custody; without a warrant, any person who, within his view, commitsany of such offences namely :-

First-Slaughtering cattle, Curious riding, etc:- Any person who slaughters any cattle or cleans any carcass; any person who rides or drives any cattle recklessly or furiously, or trains or breaks any horse or other cattle;

Second-Cruelty to animal:- Any person who wantonly or cruelly beats, abuses or tortures any animal; .

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THE DELHI POLICE ACT, 1978

An Act to amend and consolidate the law relating to the regulation of the police in the Union territory of Delhi.

It is to be noted that the Delhi Police act has a special chapter, i.e Chapter 9 devoted to empowering officials of Delhi Police with special powers over and above those mentioned in the Prevention of Cruelty to Animals Act 1960 to enforce this act further

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CHAPTER IX (DELHI POLICE ACT): Special Powers under the Prevention of Cruelty to Animals Act, 1960

73. Powers with regard to offences under Act 59 or 1960. (1) When in respect of an animal an offence punishable under sub-section (1) of Sec. 11 or Sec. 12 of the Prevention of Cruelty to Animals Act, 1960 has been committed, when there is a reasonable ground for suspecting that such offence has been committed, a police officer may-

(a) take the animal to the Metropolitan Magistrate, or

(b) if the accused person so requires, take the animal to a veterinary officer specified by general or special order by the Administrator in this behalf:

Provided that the police officer may, instead of taking the animal to a veterinary officer, take the animal for detention in a dispensary, or in any suitable place approved by the Administrator by general or special order and the animal shall thereupon be detained there until its production before a Metropolitan Magistrate, or

(c) take the animal to an infirmary appointed under Sec. 35 of the said Act for treatment and detention thereto, pending direction of a Magistrate under sub-section (2) of that section, or

(d) when the animal is in such physical condition that it cannot be taken to a veterinary officer or a Metropolitan Magistrate, draw up a report of the condition of the animal in the presence of two or more respectable persons describing such wound, sores, fractures, bruises, or other marks of injury as may be found on the body of the animal:

Provided that the police officer may take the animal for detention in a dispensary or any suitable place approved by the Administrator by general or special order and the animal shall thereupon be detained there until its produce before a Metropolitan Magistrate.

(2) Where an animal is detained in a dispensary, infirmary or other place under sub-section (1), the animal shall be produced before a Metropolitan magistrate with the least possible delay and in any case within a period not exceeding three days from the date on which it was so detained.

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77. Power of police officer to unsaddle animal or to unload it. When a police officer in good faith suspects that any animal being employed, in any work or labour is, by reason of any sore, unfit to be so employed, he may require the  person  in  charge  of  such  animal  to

unsaddle or unload it for the purpose of ascertaining whether any sore exists and. if any person refuses to do so, such police officer may himself unsaddle or unload the animal or may cause the same to be unsaddled or unloaded.

78. Arrest without warrant in case of certain offences under Act 59 of 1960. Any police officer may arrest, without a warrant from a Magistrate, any person committing in his presence any offence punishable under clauses (a) to (m) (both inclusive) of sub-section (1) of Sec. 11 of the Prevention of Cruelty to Animals Act, 1960.

MADRAS CITY POLICE ACT, 1888

An Act to regulate the Police of the City of Madras.

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Section 24 – Police Officers and Agent of the Society for the Prevention of Cruelty to Animals may arrest without warrant in view of offence

(1) Notwithstanding anything contained in this Act or any other Law for the time being in force :-

(a) any offence made punishable by Sections 45, 46, 49-A, 72 or 75 shall be cognizable.

(b) any Police Officer may arrest without a warrant any person committing in his view any offence made punishable by this Act.

(2) Any agent of the Society for the Prevention of Cruelty to Animals who is specially empowered by the State Government in that behalf may arrest without a warrant any person committing in his view any offence punishable under Section 53.

(3) The agent shall have power to release any person so arrested on his executing a bond with or without sureties, for his appearance before a Magistrate if and when required.

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Section 53 – Penalty for cruelty to animals

Whoever cruelly beats, ill-treats or tortures any animal, or causes any animal to be cruelly beaten, ill-treated or tortured, shall be liable on conviction to fine not exceeding one hundred rupees or to imprisonment, not exceeding three months, or to both.

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THE INDIAN PENAL CODE, 1860

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Mischief by killing or maiming animal of the value of ten rupees.

428. Mischief by killing or maiming animal of the value of ten rupees.-Whoever commits mischief by killing, poisoning, maiming or rendering useless any animals or animal of the value of the ten rupees or upwards, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

Classification of Offence:- The offence under this section is cognizable, bailable, compoundable and triable by any Magistrate.

Mischief by killing or maiming cattle, etc., of any value or any animal of the value of fifty rupees.

429. Mischief by killing or maiming cattle, etc., of any value or any animal of the value of fifty rupees.–Whoever commits mischief by killing, poisoning, maiming or rendering useless, any elephant, camel, horse, mule, buffalo, bull, cow or ox, whatever may be the value thereof, of any other animal of the value of fifty rupees or upwards, shall be punished with imprisonment or either description for a term which may extend to five years, or with fine, or with both.

Classification of Offence:- The offence under this section is cognizable, bailable, compoundable and triable by Magistrate of the first class.

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Negligent conduct with respect to poisonous substance.

284. Negligent conduct with respect to poisonous substance.–

Whoever does, with any poisonous substance, any act in a manner so rash or negligent as to endanger human life, or to be likely to cause hurt or injury to any person, or knowingly or negligently omits to take such order with any poisonous substance in his possession as is sufficient to guard against probable danger to human life from such poisonous substance, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

Classification of Offence:- The offence under this section is cognizable, bailable, triable by any Magistrate, and non-compoundable.

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THE PREVENTION OF CRUELTY TO ANIMALS ACT, 1960

Section 11. Treating animals cruelly : (1) If any person

(a) beats, kicks, over-rides, over-drives, over-loads, tortures or otherwise treats any animal so as to subject it to unnecessary pain or suffering or causes, or being the owner permits, any animal to be so treated; or

(b) 13(employs in any work or labour or for any purpose any animal which, by reason of its age or any disease) infirmity; wound, sore or other cause, is unfit to be so employed or, being the owner, permits any such unfit animal to be employed; or

(c) wilfully and unreasonably administers any injurious drug or injurious substance to 14(any animal) or wilfully and unreasonably causes or attempts tocause any such drug or substance to be taken by 15(any animal;) or

(d) conveys or carries, whether in or upon any vehicle or not, any animal in such a manner or position as to subject it to unnecessary pain or suffering; or

(e) keeps or confines any animal in any -cage or other receptacle which does not measure sufficiently in height, length and breadth to permit the animal a reasonable opportunity for movement; or

(f) keeps for an unreasonable time any animal chained or tethered upon an unreasonably short or unreasonably heavy chain or cord; or

(g) being the owner, neglects to exercise or cause to be exercised reasonably any dog habitually chained up or kept in close confinement; or

(h) being the owner of (any animal) fails to provide such animal with sufficient food, drink or shelter; or

(i) without reasonable cause, abandons any animal in circumstances which tender it likely that it will suffer pain by reason of starvation thirst; or

(j) wilfully permits any animal, of which he is the owner, to go at large in any street, while the animal is affected with contagious or infectious disease or, without reasonable excuse permits any diseased or disabled animal, of which he is the owner, to die in any street; or

(k) offers for sale or without reasonable cause, has in his possession any animal which is suffering pain by reason of mutilation, starvation, thirst, overcrowding or other illtreatment; or

(1) mutilates any animal or kills any animal (including stray dogs) by using the method of strychnine injections, in the heart or in any other unnecessarily cruel manner or;

(m) solely with a view to providing entertainment

(i) confines or causes to be confined any animal (including tying of an animal as a bait in a tiger or other sanctuary) so as to make it an object or prey for any other animal; or

(n) organises, keeps uses or acts in the management or, any place for animal fighting or for the purpose of baiting any animal or permits or offers any place to be so used or receives money for the admission of any other person to any place kept or used for any such purposes; or

(o) promotes or takes part in any shooting match or competition wherein animals are released from captivity for the purpose of such shooting:

he shall be punishable 19(in the case of a first offence, with fine which shall not be less than ten rupees but which may extend to fifty rupees and in the case of a second or subsequent offence committed within three years of the previous offence, with fine which shall not be less than twenty-five rupees but which may extend, to one hundred rupees or with imprisonment for a term which may extend, to three months, or with both.

(2) For the purposes of section (1) an owner shall be deemed to have committed an offence if he has failed to exercise reasonable care and supervision with a view to the prevention of such offence;

Provided that where an owner is convicted permitting cruelty by reason only of having failed to exercise such care and supervision, he shall not be liable to imprisonment without the option of a fine.

(3) Nothing in this section shall apply to -

(a) the dehorning of cattle, or the castration or branding or nose roping of any animal in the prescribed manner, or

(b) the destruction of stray dogs in lethal chambers by such other methods as may be prescribed, or (Note from ‘Jaagruti’: nothing is prescribed on this front under any laws or directives, humane sterilization of dogs is the only method advocated to control dog population and euthanasia can be administered to terminally ill and incurable animals only)

(c) the extermination or destruction of any animal under the authority of any law for the time being in force; or

(d) any matter dealt with in Chapter IV; or

(e) the commission or omission of any act in the course of the destruction or the preparation for destruction of any animal as food for mankind unless such destruction or preparation was accompanied by the infliction of unnecessary pain or suffering.

12. Penalty for practising phooka or doom dev : If any persons upon any cow or other milch animal the operation called practising phooka or doom dev or any other operation (including injection of any or doom dev. substance) to improve lactation which is injurious to the health of the animal or permits such operation being performed upon any such animal in his possession or under his control, he shall be punishable with fine which may extend to one thousand rupees, or with imprisonment for a term which may extend to two years, or with both, and the animal on which the operation was performed shall be forfeited to the Government.

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28. 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.

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38. Power to make rules. -

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(3) If any person contravenes, or abets the contravention of, any rules made under this section, he shall be punishable with fine which may extend to one hundred rupees, or with imprisonment for a term which may extend to three months, or with both.

 

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TRANSPORT OF ANIMALS, RULES, 1978

In exercise of the powers conferred by clause (h) of sub-section (2) of Section 38 of the Prevention of Cruelty to Animals Act, 1960 (59 of 1960); the Central Government hereby makes the following rules, the same having been previously published as required by the said Section, namely :

——–

 

2. Definitions : In these rules, unless the context otherwise requires–

(a)       qualified veterinary surgeon means one who holds a diploma or a degree of a recognized veterinary college.

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96. Issue of certificate before transportation -

(1) A valid certificate issued by an officer or any person or Animal Welfare Organisation duly recognised and authorised for this purpose by the Animal Welfare Board of India or the Central Government shall be procured by any person making transport of any animal before transportation of such animal verifying that all the relevant Central and State Acts, rules and orders pertaining to the said animals including the rules relating to transport of such animals have been duly complied with and that the animal is not being transported for any purpose contrary to the provision of any law.

(2) In the absence of such certificate, the carrier shall refuse to accept the consignment for transport.

97. Cancellation of permit or authorisation for transport -

(1) In the event of contravention or non compliance of any of the rules contained in these rule for transport of animals, if it is pointed out in writing by any officer or persons or Animal Welfare Organisations authorised for this purpose by the Animal Welfare Board of India or the Central Government, then, any permit or authorisation issued for such transport shall be immediately cancelled by the concerned authority and it shall be the duty of the police to stop the further transport even from the intermediary station and proceed against the said offenders and deal with the animals in accordance with law.

(2) The custody of the animals immediately after unloading from the rail wagons, truck or any other vehicle shall be given to the authorised Animal Welfare Organisation if available, till the competent authority or the magistrate having jurisdiction decides about their care and upkeep.

98. General conditions of transport -

(1) Animals to be transported shall be healthy and in good condition and such animals shall be examined by a veterinary doctor for freedom from infectious diseases and their fitness to undertake the journey; provided that the nature and duration of the proposed journey shall be taken into account while deciding upon the degree of fitness.

(2) An animal which is unfit for transport shall not be transported and the animals who are new born, diseased, blind emaciated, lame, fatigued or having given birth during the preceding seventy two hours or likely to give birth during transport shall not be transported.

(3) Pregnant and very young animals shall not be mixed with other animals during transport.

(4) Different classes of animals shall be kept separately during transport.

(5) Diseased animals, whenever transported for treatment, shall not be mixed with other animals

(6) Troublesome animals shall be given tranquilisers before loading during transport.

(7) Animals shall be transported in their on-farm social groups (established atleast one week prior to journey).

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More articles on this subject and Animal laws of India can be accessed under the following category of posts on Jaagruti