Posted in Against Animal Cruelty, Animal Laws of India, Animals, Articles, Be the Change, Do you know?, Information that empowers!, News Reports, Take Action!

Beware! RWAs spreading fake news on animals spreading Coronavirus can now be booked under violation of Disaster Management Act

Cooperative Housing Societies(CHS) and Resident Welfare Associations(RWA) spreading fake news saying that dogs and cats can cause COVID is a violation of the Disaster Management Act 2005.

Strict action will be taken against such misinformation by the Government of India.

Please take note and share with societies who are spreading misinformation about animals spreading #COVID19.

Details of how to and whom to complain are shared in the images below.

Animals don’t spread or get #coronavirus. We humans do.

Don’t be a #COVIDIOT. Don’t spread misinformation, it’s is not only irresponsible but also a criminal offence.

Please do file a formal complaint if a CHS/RWA or member of such CHS/RWA does not desist from spreading false information even after your warning and sharing facts.

Globally, over 17 lakh people have been infected with COVID-19, whereas, there have been only 4 isolated and rare cases of animals that have tested positive for COVID. Experts suggest that these animals got it from their positive pet parents with whom these animals were living.

NO cases in India whatsoever, and NO evidence GLOBALLY to prove that animals spread it. Instead, there is more than enough evidence to prove that humans spread the virus to other fellow humans and that is precisely why we are in a lockdown, animals are not.

So, if at all anyone has to be scared, it’s the animals who should be scared of us and not the other way round.

You are way more safe with an animal than with an unknown human.

Please share widely!

*Text Credit: Meet Ashar

Posted in Against Animal Cruelty, Against Pet Abandonment, Animal Laws of India, Animals, Articles, Awareness Posters for Animal/Bird Welfare, Be the Change, Information that empowers!, News Reports, Take Action!

Veterinary services must go on, animals can’t and shouldn’t suffer during COVID-19, PM Modi & Central Govt tells states

Please carry printouts of the PM’s advisory to the States about street animal welfare, and the letter from the Ministry of Fisheries, Animal Husbandry and Dairying, Upamanyu Basu, to show the authorities if they stop you from feeding.

Please also keep an eye out for animals that may be suffering inside closed pet shops and inform the authorities immediately.

Sharing the same below for ready reference:

News Article in ‘The Print’ dated 23rd March by Journalist Sanya Dhingra (Please scroll below for relevant images, that you can download, print and keep handy, while you feed/look after animals in need and street animals in general. This is the time to show humanity, kindness and compassion to all living beings)

The Narendra Modi government has told all states to ensure that medical help for animals is treated as an essential service, which does not get suspended during COVID-19 lockdowns across the country.

While several states announced lockdowns Sunday in a bid to arrest the spread of the deadly disease in India, they did not include veterinary services in the list of essential services that would be exempt under it.

In a letter addressed to all chief secretaries dated 23rd March, the Centre said, “It is requested that veterinary hospitals and dispensaries in the state, including private veterinary clinics, veterinary pathologies, animal shelters etc. function in the normal course and the veterinary services be considered in the list of ‘Essential Services’.”

The letter, written by the joint secretary of the Ministry of Fisheries, Animal Husbandry and Dairying, Upamanyu Basu said, “It is necessary to ensure continuous emergency services in the animal husbandry and veterinary sector, especially in emergent animal health issues situations.

“These May include but are not restricted to, emergency services like disease diagnosis and treatment, monitoring of any emergency livestock and poultry diseases, immediate disease reporting, etc.”

However, the government has urged veterinarians and other related officials to ensure strict personal hygiene and avoid public gatherings.

Animals and birds should not suffer during lockdown’

On the same day, the Animal Welfare Board of India (AWBI) wrote another letter to all states emphasising that all law enforcement agencies ensure that animals and birds do not suffer due to hunger during the lockdown due to COVID-19.

Please carry printouts of the PM’s advisory to the States about street animal welfare, and the letter from the Ministry of Fisheries, Animal Husbandry and Dairying, Upamanyu Basu, to show the authorities if they stop you from feeding. Please also keep an eye out for animals that may be suffering inside closed pet shops and inform the authorities immediately.

“This is a valuable service consistently provided by compassionate individuals and the absence of it may cause a large number of animals and birds to suffer and die and carcasses of the dead animals and birds may further spread different diseases amongst community which will be difficult to control,” Dr O.P. Chaudhary, Director of the AWBI has written.

Meanwhile Delhi Government has issued the following order as well.

“The situation is quite alarming,” BJP MP Maneka Gandhi said. “In some places, food is being stopped…No animal grains and chara is being allowed to come to Haryana from UP. Even pedigree from Hyderabad is being stopped by Mumbai,” she said.

“Animals and birds cannot be allowed to starve in the country in this manner.”

Posted in Against Animal Cruelty, Against Pet Abandonment, Animal Laws of India, Animals, Articles, Awareness Posters for Animal/Bird Welfare, Be the Change, Court Judgements on Animal Issues - India, Games people play, Information that empowers!, News Reports, Pets, Stories from Ground Zero, Videos on Animals

Continue feeding street animals, they do not transmit Coronavirus to Humans – Mrs. Maneka Gandhi

Senior BJP Leader and Member of Parliament, Maneka Gandhi on Saturday said that “The coronavirus is not transmitted through live animals.” Please scroll below to watch a news clipping, on this subject.

She has also issued a letter on her letterhead earlier today on 23rd March 2020, which is shared below-

All Animal care takers and Feeders can keep this letter by Mrs. Maneka Gandhi, Honourable Member of Parliament (Lok Sabha, Government of India) handy in case they are stopped by authorities while feeding community animals.

Share this letter with your RWA’s and nearest Police Station.

Please take a print out of this letter, if possible or save it on your phone, and keep it handy when you are stepping out for an animal rescue or to feed them.

A humble request to all, be kind towards animals:

Please make two extra Chapatis/Rotis daily in your home for street dogs/Cows and other stray animals who will have no means of feeding themselves since all the Restaurants/Dhabas/Food Carts are closed now due to coronavirus lockdown.

Most of the stray animals survive on leftover food provided by Hotel/Dhaba staff. These animals will starve to death in case of a prolonged lockdown. You can handover these breads to your society/ Apartment staff to be kept outside for animals. Spread the message to all the people in your circle.

Let’s all give it a try, and share this message so more and more people can do the good deed of feeding streer animals in these trying times.

Mrs. Maneka Gandhi addresses the Media to bust myths.

While addressing the press, Maneka Gandhi said, “It has brought in the notice that the government department and several insurance agencies are creating a false panic in the coronavirus through issuing false advisories.”

She said, “These agencies are taking out the advisories on the Coronavirus, which are not confirmed by the health department by saying that nobody should go to live animals.”

“This is completely false and misleading… As the health department of India has said that the animal does not have coronavirus and cannot transmit the virus,” she said.

Adding to the statement, Maneka said, “I would advise the Ministry of Electronics, Insurance companies, and the ministry of railways not to run fake ads on this.”

Posted in Animal Laws of India, Be the Change, Information that empowers!

Important Message for Street Animal Caretakers in light of Covid 19 related Complete Lockdown across many Indian States

Important message for stray animal feeders/caregivers in the light of complete lockdown announced by state governments of Maharashtra, Delhi and several other states to prevent further spread of COVID-19:

Please understand that there is a difference between lockdown and curfew.

Lockdown means that offices, shops, malls, certain government offices, public transport etc shall remain shut, emergency services will function and essential commodities will continue to be available.

During curfew, it is advised that people shouldn’t step out unless there’s an emergency.

However, during a lockdown, you may do what is essential and unavoidable, for instance – feed strays that you have been tending to. Nobody can stop you from feeding strays responsibly. Remember, you are merely discharging your constitutional duty of being a responsible citizen as mandated by Article 51(A)(g) of the Constitution of India by looking after animals and showing compassion towards them. Imposition of Section 144 of the Criminal Procedure Code means gathering of more than 5 people is prohibited. For feeding/medicating, it’s generally only one person and probably one more to help/assist. You are not in violation of any law if you do it responsibly.

Please do not panic, there is no reason to.

If any police officer or civic body official approaches, questions or asks you not to feed animals, to begin with, POLITELY explain to them what the law says, that you do it responsibly without causing nuisance to anybody, and that it is not illegal to feed strays, on the other hand it is illegal to prevent people from responsibly feed stray.

If that doesn’t work, only then get an animal activist, NGO or an Animal Welfare Officer involved.

First you should do the talking by trying to reason out, explaining common sense stuff like animals cannot survive on the roads without food, especially when they are used to getting fed by you.

Please stay safe and indoors as much as possible!


Credits for this Informative Text: Meet Ashar
Posted in Animal Laws of India, Articles, Be the Change, Court Judgements on Animal Issues - India, Do you know?, Do-it-Yourself (DIY) Series, Information that empowers!, News Reports, Street Dogs of India, Take Action!

Street Dog Feeders in Delhi: PLEASE Do not panic, just act responsibly

We are quoting below verbatim from the Facebook post put by, Advocate Ms.Anjali Sharma, so that those who feed street dogs in Delhi and elsewhere can use this information BELOW to counter the misinformation that has spread following recent news reports in Delhi on this subject.

So, please read below, relax and download the Complete order issued by the Delhi High Court below and gear up to counter all the unruly “RWA” members or neighbours who have been fed some fodder by our misreporting Media outlets in the City.

After you have finished reading what we have quoted below, please also read the below links once again.

*2010 Order by Delhi High Court on feeding street dogs

*Indian Street Dogs and their Rights

SO HAS THE DELHI HIGH COURT BANNED STREET DOG FEEDING THROUGH A RECENT ORDER?

OF COURSE NOT. Please read the ACTUAL ORDER which I’m sharing below, & not the trash that some Hindi tabloids have published. The order passed is case specific – involving a case where 2 parties are residing in a common property. One resident objected to the other resident feeding street dogs. He wanted the dogs removed from the area, & wanted their feeding banned. THE COURT HAS NOT DONE THAT. The Court simply said – don’t chain street dogs in the common drive-way of the property in which both parties are residing, don’t feed them there, don’t cause nuisance for the other resident. THATS ALL. This order is in line with the earlier orders passed by the Delhi High Court in 2009 – 2010. Even in those cases, in which I had appeared for the Animal Welfare Board of India, the High Court had emphasised that feeding must be done carefully & in a responsible manner.

– Above text is as quoted by Ms.Anjali Sharma ADVOCATE in her Facebook post on 31st July 2017.

We are quoting below in Hindi, the words of Saurav Gupta, an Animal Welfare activist on this subject so as to calm down the nerves of all of you who communicate in Hindi.

दोस्तों एक भ्रांति और डर आज कुछ पशुप्रेमियों में है जो कुछ कुत्तों को खाना डालते हैं दोस्तों मैं उन्हें आश्वस्त करना चाहता हूँ की ये उच्च न्यायालय का आदेश केवल एक केस में आया है, दो पार्टियों के झगड़े में एक civil-Suit की सुनवाई के दौरान विशेष तौर पर इस एक केस में ये आदेश पारित किया गया है, ये कोई P.I.L या Writ Petition नहीं है जो पूरे दिल्ली में लागू हो ये बस एक केस में एक पार्टी के ख़िलाफ़ आदेश है. कुछ हिंदी अख़बार वाले इस केस में बिना Court Order पढ़े ख़बर लिख रहे हैं और कुत्तों को खाना डालने वाले हमारे पशुप्रेमी उन ख़बरों को पढ़ कर बिना बात के डर रहे हैं.

दोस्तों मैं सप्रीम कोर्ट के एक वरिष्ठ अधिवक्ता के साथ हूँ जिनसे मैंने इस ऑर्डर को डिस्कस कर रहा हूँ उनका कहना है कि हमें इस केस में सप्रीम कोर्ट जाने की या परेशान होने की बिलकुल जर्रूरत नहीं है कोर्ट ने कहा है कि driveway में किसी कुत्ते को ना बांधा जाए और स्ट्रीट डॉग को फ़ीड करते समय पब्लिक की सावधानी व साफ़ सफ़ाई का ध्यान रखा जाए,जिसके लिए मालवीय नगर के S.h.o ko भी उचित कार्यवाही के लिए निर्देशित किया गया है।

कोर्ट ने इस ऑर्डर में कहीं नहीं लिखा की स्ट्रीट dogs को खाना ना डाला जाए, कोर्ट ने 2009 से 2011 तक चले उस हाईकोर्ट के केस के आदेशों को ही जारी रखा है जिसमें हाई कोर्ट ने साफ़ तौर पर दिल्ली पुलिस को निर्देशित किया था की स्ट्रीटdogs को फ़ीडिंग करने वालेपशुप्रेमियो की सुरक्षा सुनिश्चित की जाए तथा एम॰सी॰डी॰(MCD) को निर्देशित किया था कि स्ट्रीट dogs के फ़ीडिंग point तथा फ़ीडिंग का समय निर्धारित किया जाय। उसी आदेशों को इस आदेश में जारी रखा गया है।। बस इतनी सी बात को बढ़ा चढ़ा कर अख़बारों में छापा जा रहा है।

दोस्तों ये ऑर्डर दिल्ली में किसी भी अन्य केस में मान्य नहीं होगा, इसलिए आप किसी भी पशुप्रेमी को परेशान होने की ज़रूरत नहीं है। जब तक हम लोग बैठे हैं तब तक आपको इस तरह के आदेशों में चिंता करने की बिलकुल ज़रूरत नहीं है.

Posted in Animal Birth Control (ABC) Programme/Street Dog Sterilization, Animal Laws of India, Articles, Court Judgements on Animal Issues - India, Do you know?, Information that empowers!, Street Dogs of India

Street Dog Matters related : Interim Order passed by Honourable Supreme Court of India on 18th November 2015

The Interim order of the Supreme Court of India passed on the 18th Nov 2015 while hearing ‘all street dog related matters’ emphatically directs that the laws made viz. Prevention of Cruelty to Animals Act, 1960 and the Animal Birth Control (Dogs) Rules, 2001 have to be implemented and that there shall not be any indiscriminate killing of dogs. The Supreme Court Order observed that “There can be no trace of doubt that there has to be compassion for dogs and that they should not be killed in an indiscriminate manner…”

The key points in this Interim Order issued by the Honourable Supreme Court of India on 18th November 2015 are as follows:

The Order states- “There can be no trace of doubt that there has to be compassion for dogs and they should not be killed in an indiscriminate manner, but indubitably the lives of the human beings are to be saved and one should not suffer due to dog bite because of administrative lapse.

It further reiterates that, “Rule 6 of the Animal Birth Control Rules 2001 enacted under the Prevention of Cruelty to Animals Act 1960, provides for obligations of the local authority. Rule 7 deals with capturing/sterilisation/ immunisation/release. Rule 8 deals with identification and recording and Rule 9 provides for euthanasia of street dogs. Rule 10 deals with furious or dumb rabid dogs.” and goes on to add that, ” As we find, the local authorities have a sacrosanct duty to provide sufficient number of dog pounds, including animal kennels/shelters, which may be managed by the animal welfare organizations, that apart, it is also incumbent upon the local authorities to provide requisite number of dog vans with ramps for the capture and transportation of street dogs; one driver and two trained dog catchers for each dog van; an ambulance-cum-clinical van as mobile centre for sterlisation and immunisation; incinerators for disposal of carcasses and periodic repair of shelter or pound. Rule 7 has its own significance. The procedure has to be followed before any steps are taken. Rules 9 and 10 take care of the dogs which are desirable to be euthanised.”

To explain to our readers Rule 9 – it means that only mortally wounded or terminally ill dogs i.e.when and only when a dog is unfit for survival/has no chance of recovery/healing which is medically proven by a Government certified Veterinary Doctor and it’s survival causes more pain for it is when u can think of euthanising.

….and then the order hammers home the point, that for now that the Animal Birth Control Rules, 2001, (for short, ‘the 2001 Rules’) shall prevail over the provisions contained in any local Act/Municipality Act by stating that, “for the present it is suffice to say that all the State municipal corporations, municipal committees, district boards and local bodies shall be guided by the Act and the Rules and it is the duty and obligation of the Animal Welfare Board to see that they are followed with all seriousness. It is also the duty of all the municipal corporations to provide infrastructure as mandated in the statute and the rules. Once that is done, we are disposed to think for the present that a balance between compassion to dogs and the lives of human being, which is appositely called a glorious gift of nature, may harmoniously co-exist.”.

And towards the end of this Interim Order passed by the Honourable Supreme Court of India, instructions are laid out for the Local bodies to follow, “The local authorities shall file affidavits including what kind of infrastructures they have provided, as required under the law. Needless to emphasize, no innovative method or subterfuge should be adopted not to carry out the responsibility under the 1960 Act or the 2001 Rules. Any kind of laxity while carrying out statutory obligations, is not countenanced in law.”

A copy of the order passed today be sent to the Chief Secretary of each of the States and the competent authority of Union Territories, so that they can follow the same in letter and spirit. We would also request all the High Courts not to pass any order relating to the 1960 Act and the 2001 Rules pertaining to dogs. Needless to say, all concerned as mentioned herein-above, shall carry out this order and file their respective affidavits as directed“…are the concluding lines of this order as the matter gets listed for Final Hearing and Disposal on 9th March 2016.

The Hindu on SC Order 19112015

The Press Release issued by the Animal Welfare Board of India (AWBI), a statutory body under the Ministry of Environment, Forests and Climate Change, Government of India on the above stated order, is shared below.

Posted in Animal Birth Control (ABC) Programme/Street Dog Sterilization, Animal Laws of India, Articles, Court Judgements on Animal Issues - India, Information that empowers!

Recent Developments on Street Dog related petitions in Delhi High Court (August 2015)

As shared by Ms. Anjali Sharma, Board Member and Legal Advisor to the Animal Welfare Board of India, Ministry of Environment , Forest and Climate Change, Government of India.

17th August 2015_Delhi HC on DogsAnd this is what the 5th August 2015 Delhi High Court order reads like:

As per this order, Ms. Sharma explains, ” (i) what is necessary is that the Animal Birth Control (Dogs) Rules be implemented in letter and spirit ; & (ii) The primary responsibility of implementing the Rules is of the municipalities. (Meaning thereby that they have to fund it adequately, provide the infrastructure, etc.). Not only has the Delhi High Court Order asked the 3 municipal corporations of Delhi, & the N.D.M.C., to file status reports giving sterilization numbers, but specifically asked whether the STRAY DOGS HAVE BEEN RETURNED BACK TO THE LOCALITIES after sterilization.”

5th August 2015_Delhi HC Order on a Street Dog Petition_Page 1 5th August 2015_Delhi HC Order on a Street Dog Petition_Page 2

Posted in Against Animal Cruelty, Animal Laws of India, Do you know?, Information that empowers!

Delhi SPCA deploys enforcement staff to check on Animal cruelty cases in Delhi

DSPCA Letter 5th March 2015


As per letter No. DSPCA/(I) Admin/2015/22/665 dated 5th March 2015, issued by Mr. Kaushal Kishore, Administarive Officer, DSPCA (Delhi Society for Prevention of Cruelty to Animals) shared in this blog post, people in Delhi should please make a note of this that whenever you see a violation of the Prevention of Cruelty to Animals Act 1960 or its rules in Delhi, you can report the same on the helpline number of DSPCA is +91-11-23972805.

You are requested to call them only when you are SURE that an offense has taken place.

[To understand what the offenses are, please gain an understanding of the laws that govern prevention of cruelty to animals in India by clicking here]

Please do not call them for reporting sick or injured animals where there is no need for prosecution. Instead approach the nearest animal hospital or better, still take the animal to the hospital or a veterinarian’s clinic yourself for getting them the required medical treatment.

If you do not live in Delhi, you are advised to go to your DM/DC (District Magistrate/District Collector), and show them this order and work with them to make the SPCA (Society for Prevention of Cruelty to Animals) active in your city.


An SPCA has powers under the SPCA Rules 2001 ( http://envfor.nic.in/legis/awbi/awbi18.html ) which NGOs do not have.

Be a part of the SPCA in your city and stop cruelty more effectively.

Posted in Against Animal Cruelty, Animal Laws of India, Information that empowers!

Slaughtering and sale of Dog, Cat, Camel Meat is Illegal under the Food Safety and Standards Act

This post is courtesy the inputs shared by Ms. Gauri Maulekhi, Co-opted Member, Animal Welfare Board of India

As per the below mentioned order dated 6th August 2014, issued by Director (Enforcement) of Food Safety and Standards Authority of India (FSSAI), it is illegal to slaughter any other animal other than the ones belonging to the species of Bovines, Caprines, Ovines, Suillines, and this includes Poultry and Fish.

Please use the attached order if you find dog, cat, rabbit or camel meat anywhere in your city.
Some restaurants openly advertise camel meat menu items. Action can now be taken against them and they can now be sent to jail.

If you were to organise meat shop raids in your cities and seek assistance from the district Food Safety Officer, who is a part of the Chief Medical Officer’s team. The Food Safety Officer is responsible for penalising the offender or to initiate proceedings against him.

Even if animals of the permissible species are being slaughtered, you can seek action against, filth, cruelty, child labor, pollution, misbehaviour, nuisance, theft etc as the case may be.

FSSAI Order dated 6th August 2014

Posted in Against Animal Cruelty, Animal Laws of India, Court Judgements on Animal Issues - India, News Reports, Videos on Animals

Supreme Court of India stands up for Animal Rights, bans cruel bull-taming sport ‘Jallikattu’

SC stands up for animal rights, bans Jallikattu
The Supreme Court of India in a landmark and historic judgement passed in the morning of 7th May 2014 has favoured constitutional status for rights of animals like citizens and banned the use (and abuse) of Bulls and Bullocks in Jallikattu, Bullock Cart Racing and all in other ‘sports and entertainment’ based events and/or festivities.

In a major step towards protecting animals from human cruelty, the Supreme Court on Wednesday 7th May 2014, banned the popular post-harvest Jallikattu (taming the bull) or bullfights in Tamil Nadu and bullock-cart racing in Maharashtra, Punjab and other states, saying they violated provisions of the 50-year-old Prevention of Cruelty to Animals Act. 

Significantly, the court favoured constitutional status for rights of animals like citizens. It said, “Parliament, it is expected, would elevate rights of animals to that of constitutional rights, as done by many of the countries around the world, so as to protect their dignity and honour.” 


A bench of Justices K S Radhakrishnan and P C Ghose struck down as illegal the Tamil Nadu Regulation of Jallikattu Act, 2009, and said, “Bulls cannot be used as performing animals, either for the Jallikattu events or bullock-cart races in the state of Tamil Nadu, Maharashtra and elsewhere in the country.” 

Before banning Jallikattu and cart-racing, the bench extensively narrated behavioural patterns of the animal. “Bulls adopt flight or fight response when they are frightened or threatened and this instinctual response to a perceived threat is what is being exploited in Jallikattu or bullock-cart races,” it said. 

“During Jallikattu, many animals are observed to engage in a flight response as they try to run away from the arena when they experience fear or pain, but cannot do this since the area is completely enclosed. Jallikattu demonstrates a link between actions of humans and the fear, distress and pain experienced by bulls,” it said. 

“Studies indicate that rough and abusive handling of bulls compromise welfare and for increasing fear in bulls, often, they are pushed, hit, prodded, abused, causing mental as well as physical harm,” said Justice Radhakrishnan, who authored the judgment for the bench. 

Animal Welfare Board of India (AWBI) through senior advocate Raj Panjwani, said even if Jallikattu was conducted as per the Tamil Nadu legislation, it would still violate provisions of PCA Act as the event involved causing pain and suffering to bulls, which was prohibited under Section 11(1)(a) of the central law. 

AWBI said Jallikattu and bullock-cart races had no historical, cultural and religious significance and told the court that even if they had, it should not be permitted as it violated the PCA Act. 

While declaring that the rights of bulls against cruelty was inviolable, the bench gave a general direction to the governments and AWBI “to take appropriate steps to see that the persons-in-charge or care of animals take reasonable measures to ensure the well-being of animals”. 

This could put all pet owners, dairy farm owners and animal keepers on notice against causing cruelty to them. However, the court did not deal with a related issue – whether bullock-carts, which are rural India’s sole transportation medium both for men and material, were included in this general direction. 

The court also gave the following directions: 

  • AWBI and governments are directed to take steps to prevent the infliction of unnecessary pain or suffering on animals, since their rights have been statutorily protected under Section 3 and 11 of the PCA Act.
  • AWBI to ensure that provisions of Section 11(1) of the PCA Act is scrupulously followed, meaning thereby that the person-in-charge or care of animals shall not incite any animal to fight against a human being or another animal
  • If the court’s directions are not complied with scrupulously, it would be the duty of the government and AWBI to bring to book the violator.

Credits: Above News Report has been taken from Times of India and is penned by TOI Correspondent Dhananjay Mahapatra

For those readers of ‘Jaagruti’, who don’t understand what ‘Jallikattu’ is and why the Supreme Court Order on this sport to be banned should be welcomed, please watch this video
Posted in Against Animal Cruelty, Animal Birth Control (ABC) Programme/Street Dog Sterilization, Animal Laws of India, Articles, Be the Change, Do you know?, Do-it-Yourself (DIY) Series, Information that empowers!, Street Dogs of India, Take Action!

Noida Federation instructions to Resident Welfare Associations regarding lawful manner of dealing with street dogs

After the Municipal Corporation of Gurgaon’s directive to Presidents of all Gurgaon-based Residential Welfare Associations (RWAs) to stop harassing people/residents who have pets and tend to street dogs, comes the below mentioned letter issued by Federation of Noida Resident Welfare Associations to all its member RWAs in Noida, apprising them on the lawful manner of dealing with street dogs and the people who tend to them, feed them, get them sterilized and vaccinated.

So, for all those of you who stay in Noida and are being harassed by your respective RWA for feeding and tending to street dogs, please take note of this important letter, download it from the link below and use it to fight your case for the animals you care for.

Download by clicking here – Noida Federation instructions to RWAs regarding lawful manner of dealing with street dogs

Noida Federation instructions to RWAs regarding street dogs_Page 1 of the letter
Noida Federation instructions to RWAs regarding street dogs_Page 1 of the letter

Noida Federation instructions to RWAs regarding street dogs_Page 2 of the Letter
Noida Federation instructions to RWAs regarding street dogs_Page 2 of the Letter

Please also read:

Gurgaon Municipal Corporation’s Directive to Presidents of Residential Welfare Societies to stop harassing people who have pets and tend to street dogs

Posted in Against Animal Cruelty, Animal Birth Control (ABC) Programme/Street Dog Sterilization, Animal Laws of India, Be the Change, Do-it-Yourself (DIY) Series, Games people play, Information that empowers!, Street Dogs of India, Take Action!

To all those of you who are being harassed by their neighbourhood for tending to animals….

Please remember that for the animals, if not for yourself, you need to be strong and fight this out.

While you can approach local animal welfare organisations or animal activists, but in the end, it is a fight you will have to fight on your own, for yourself and the animals you care for…

  • If talking to people and explaining them the below mentioned laws and constitutional provisions doesn’t help, then, whether you like it or you don’t, you need to approach the Police and file an F.I.R or Police Complaint against all the people who are harassing you, abusing you, threatening to kill/harm you/your property and the dogs/other animals you care for.
  • Be sure to mention full names and addresses of all the people who are harassing you and give complete true account of the matter, without exaggerating facts – take help of the points stated below to put your grievances and facts across and mention why you are seeking help from the Police and reporting this matter.
  • There is no law that prohibits feeding of street animals, and citizens who choose to do so are in fact performing a duty cast upon them by the Constitution of India. Persons, who are trying to interfere with their effort, or display aggression, can be held liable for having committed the offense described in the Indian Penal Code and criminal intimidation.
  • Moreover, as per Indian law, street dogs cannot be beaten or driven away. They can merely be sterilized in the manner envisaged in the Animal Birth Control (Dogs) Rules, 2001(Rules under Indian Prevention of Cruelty to Animals Act (PCA), 1960), vaccinated, and then returned back to their original locations.
  • If your municipality is not doing the same, you can file a Police Complaint or FIR against the local Municipal Corporation for flouting the laws and rules mentioned above, which need to be complied with throughout the country, as PCA Act is a Central Act, i.e. it is applicable across the country and the local Police has been mandated with the responsibility of enforcing this act and reporting/booking violations/offenders.

Constitutional provisions:

  • 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 (Article 51 A (g) of the Indian Constitution). Those who look after animals and other creatures of God are thus protected under the Constitution.

 

  • Article 19 of the Constitution of India, deals with right to freedom and in this freedom are included 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.

Legal provisions:

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 individuals and families who adopt and feed stray animals. 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 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 programme. The Court has proceeded to say that the local police and the municipal authorities are under obligation not only to encourage such adoption but also to ensure protection to 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, finally, the Court has said that every individual has the right to live his life in the manner he wants and it is necessary that the society and the community recognize it.

  • If you are a woman/girl who is being abused/harassed/threatened by neighbours/people around for being kind to animals, please also note that you can lodge F.I.Rs against these people Under Section 509 of Indian Penal Code (U/S 509 of IPC) – which is a cognizable offence.
  • Under the Govt. of India, Animal Birth Control Rules 2001 (drafted under the Indian Prevention of Cruelty to Animals Act 1960), no sterilized dogs can be relocated from their area. As per five different High Court orders, sterilized dogs have to remain in their original areas. If the dog is not sterilized, the Society can simply ask an animal welfare organization to sterilize and vaccinate the dog. They cannot relocate them. Relocation is not permissible, as it would cause more problems such as an increase in dog bites as new dogs will move into the area who are unfamiliar with residents and therefore more likely to be hostile. All problems of stray animals have to be handled within the institutional framework available. No association, recognized or unrecognized, shall take recourse to any action regarding stray animals on their own, either themselves or through any person employed by them like security guards. While residents and Associations are free to address institutional agencies for redressal of grievances in this matter, no resident/association will interfere with the freedom of other residents in caring and attending animals.
  • Section 11 of The Prevention of Cruelty to Animals Act, 1960 forbids the displacement of Animals from its natural environment into an environment that is hostile to it, where the animal may be injured/hurt/maimed or killed due to lack of food or fights with other animals. Also, please remember that Prevention of Cruelty to Animals Act 1960 is a Central Act, i.e. it is applicable throughout the country and the powers to enforce this law have been given to the Local Police.
  • Additionally, Section 429 of the Indian Penal Code also provides for imprisonment and fine, in cases involving animal cruelty. Section 429 in The Indian Penal Code, 1860, a Central Government Act, reads as follows:

“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.”

Following are some of the self-explanatory documents that one can look up and refer to:

1. A 2 page circular issued by the Ministry of Personnel, Public Grievances, and Training, on the aspect of street animal feeding and prohibits central government employees from harassing street dogs or those feeding/looking after them.

https://jaagrutiindia.files.wordpress.com/2010/04/public-grievances-circular-pg-1.jpg

https://jaagrutiindia.files.wordpress.com/2010/04/public-grievances-circular-pg-2.jpg

2. The Animal Birth Control (Dogs) Rules, 2001.

https://jaagrutiindia.files.wordpress.com/2010/04/the-animal-birth-control-dogs-rules-2001.pdf

3. A directive issued by the Animal Welfare Board of India, constituted by the Ministry of Environment and Forests- provides immunity to animal feeders and restricts RWAs from harassing people tending to dogs.

https://jaagrutiindia.files.wordpress.com/2010/04/awbi-direction.pdf

4. M.C.D. (Municipal Corporation of Delhi) notification, showing the approach of the M.C.D. with regard to street animals, which is based on the law of the land.

https://jaagrutiindia.files.wordpress.com/2010/04/mcd-notices-toi-march-2009.jpg

5. A Times of India news report regarding a Delhi High Court direction to the police to protect persons who feed stray dogs.

https://jaagrutiindia.files.wordpress.com/2010/04/times-of-india-article-on-feeding.pdf

6. A Hindustan Times news report regarding the view taken by the Supreme Court regarding stray dogs.

https://jaagrutiindia.files.wordpress.com/2010/04/ht-article-24th-jan-supreme-court-stays-bombay-high-court-order.jpg

7. An order passed by the Additional Chief Metropolitan Magistrate, Delhi https://jaagrutiindia.files.wordpress.com/2010/04/addln-chief-metropolitan-magistrates-order-on-street-dogs-of-india.pdf

8. A Dossier of Indian Street Dog related laws and court rulingshttps://jaagrutiindia.files.wordpress.com/2013/03/a-dossier-of-indian-street-dog-related-laws-and-court-rulings.pdf and Copies of other court judgments can be downloaded from http://www.strays.in/index.php/legal-precedence-faqs-judgements-court-cases-drafts/

9. Reporting a crime and lodging an F.I.R or Police Complaint-

https://jaagruti.org/2013/12/13/reporting-a-crime-all-about-lodging-an-f-i-r-with-the-police/

If you want awareness workshops held in your company or Institution on the subject of animal laws and welfare, for audience in any age-group, please write to us on contact@jaagruti.org

Posted in Against Animal Cruelty, Animal Laws of India, Be the Change, Do you know?, Do-it-Yourself (DIY) Series, Information that empowers!

Reporting a Crime: All about lodging an F.I.R with the Police

This post is a much needed compilation we did using the information available on www.jaagore.com and www.ipaidabribe.com, so that people who wish to report animal-related crimes and/or are facing instances of criminal intimidation and harassment from neighbours/RWAs/fellow society people (meted out to those who fight for animal rights, feed/take care of neighbourhood dogs and animals) – can also learn the intricacies behind filing a complaint at the local Police Station, be it an FIR or Police Complaint.

*We thank http://www.jaagore.com and http://www.ipaidabribe.com for their exhaustive work and acknowledge their work and credit all information taken below, except for minor edits and additions done at a few places, to them.

How to file an F.I.R (First Information Report)

  • Technically an F.I.R refers to the information on the commission of an offence given to a police officer by the first informant. In other words, it is basically a complaint document that sets the provisions of the criminal law in motion.
  • To begin with, it is important to primarily understand the difference between Cognizable and Non-Cognizable offences. And F.I.R is filed for cognizable offences.
  • Under the Criminal Procedure Code, commonly known as CrPC, a cognizable offence allows the police to directly register an F.I.R and immediately begin investigation. The accused can also be arrested without a Warrant. Rape, murder, kidnapping and theft are examples of offences that fall into this category.
  • In a Non-Cognizable Offence, the police will require the permission of the court to register a case or investigate. The accused cannot be arrested without a Warrant and the offence is bailable. Examples of non-cognizable offences include criminal intimidation, trespassing, making a public nuisance of oneself, misappropriation of property, physical assault, forgery, causing simple hurt, and simple cheating.

The difference between an F.I.R and a Police Complaint OR the limitations behind lodging an F.I.R are as follows:

An F.I.R can only be filed for a cognizable crime. In the event someone is trying to file an F.I.R for a crime that falls in the non-cognisable category it is the duty of the police to listen to them, enter the matter in their daily register or dairy, give the person a signed copy of the entry made (as proof of the matter being recorded) and direct them to the closest or appropriate magistrate. The signed copy of the entry made by the police is free of cost and is a right to receive. The police may not investigate a complaint even if you file a FIR, when: (i) The case is not serious in nature; (ii) The police feel that there is not enough ground to investigate. However, the police must record the reasons for not conducting an investigation and in the latter case must also inform you. — [Section 157, Criminal Procedure Code, 1973]

Do’s and don’ts to keep in mind while filing a Police Complaint/F.I.R

Details to give when filing an F.I.R: If you are a victim or witness of a crime give clear descriptions of all that you experienced, saw or remember. If you are filing an FIR for a crime that you have second hand knowledge of, then report exactly what you were told or what you heard. Information should never be exaggerated or false. Important details to include are the date, time, location and a description of the culprits or people involved. The sequence of events that occurred and details of what each person did or said

What to do when the police refuse to file F.I.R:

If you are reporting a cognisable crime and the police refuse to register your FIR, you can make a complaint to a higher ranking officer such as the Superintendent of Police (SP)/SHO (Station House Officer of Local Police Station), the Deputy Inspector General (DIG)/ACP (Assistant Commissioner of Police)/DCP (Deputy Commissioner of Police) or the Inspector General of Police (IGP)/CP (Commissioner of Police).

You can also complain to the nearest judicial magistrate, who will order the police to register the FIR if deemed necessary. Ensure that you get a receipt of your complaint being registered. (This means a stamped receiving given by the authority on the photocopy of your complaint)

You can also…

  • Send your complaint in writing to the Superintendent of Police (SP)/SHO of the Local Police Station by Registered Post Acknowledgement Due (Regd. Post AD).
  • Make a written complaint to the concerned State Human Rights Commission or the National Human Rights Commission that the police are not doing their duty of enforcing the law or that they are being negligent, biased or corrupt.

Things you must not do:

  • Never file a false complaint or give wrong information to the police. You can be prosecuted under law for giving wrong information or for misleading the police.—[Section 203, Indian Penal Code 1860]
  • Never exaggerate or distort facts.
  • Never make vague or unclear statements.

Process Flow of filing an F.I.R:

1. It must be filed immediately. If there is any delay, mention it in the form.

2. If given orally, it MUST be taken down in writing and explained to you by the officer in charge, at a Police Station within the jurisdiction of which the offence has taken place.

3. There should be four copies recorded simultaneously, with carbon sheets in place.

4. It must be recorded in first person. Do check in which language this needs to be done.

5. Make sure the officials’ attitude towards you is sympathetic and yours towards him/her is respectful.

6. Avoid complicated, technical words, terminologies and unnecessary details.

7. Try not to overwrite or score out words.

8. Ensure that the arrival/departure time is mentioned in the F.I.R and in the Daily Diary (DD) Register at the Police Station

9. It must contain authentic information, including these necessary bits of information:

– What information do you want to convey?
– In what capacity are you providing the information?
– Who is the perpetrator of the crime?
– Who has the crime been committed against – victim /complainant?
– When was it committed (time)?
– Where was it committed (specific place /locality/area)?
– Why do you think it was committed?
– Which way (actual process involved) was it committed?
– Were there any witnesses? (Names will be required here.)
– What were the losses? (Money /valuables/ possessions /physical damage etc.)
– What were the traces at the scene of the crime? (Weapons/evidence if any.)

10. After completion, you MUST carefully read the document and sign it.

11. It must be recorded by the officer in the book maintained for this purpose by the State Government.

12. You have the right to and must get a copy of it for your records.  You are not required to pay for the same.

13. You are not required by law to give an affidavit.

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Department / Organisation: Police Department

Contact person: Police helpline 100.

Location: Find your local police station within your police jurisdiction on the map.

Note: Police Station located nearest to you may NOT be within the police jurisdiction where you need to report the offence. Be informed of your area police station beforehand.

Infographic Process Flow:

The procedure of filing an FIR is prescribed in Section 154 of the Criminal Procedure Code, 1973

Infographic Courtesy: jaagore.com
Infographic Courtesy: jaagore.com

Q and As about FIR

Who can lodge an F.I.R?

Any person who is aware about the offence can file an F.I.R. It is not compulsory that he should be an aggrieved person. Even a police officer can file an F.I.R. if he comes to know about any offence. The F.I.R. can be filed by various people like:

  • An aggrieved person.
  • A person who is aware about the facts of the crime.
  • A person who has seen a crime being committed.

2. When can I lodge an F.I.R?

You can lodge an F.I.R only in case of a cognizable offence.

cognizable offence is a criminal offence in which the police are empowered to register an F.I.R, investigate, and arrest an accused without a court issued warrant. Offences like murder, rape, kidnapping, theft, robbery, fraud, etc. are classified as cognizable offences.

non-cognizable offence is an offence in which the police can neither register an FIR, nor effect arrest without the express permission or directions from the court. Offences like simple hurt, verbal abuse, intimidation, defamation, misappropriation of property, physical assault, forgery, etc. are non-cognizable offences.

3. Where can I lodge an F.I.R?

To file an F.I.R, one has to go to the police station within the jurisdiction of which the cause of action arose or the offence took place.

4. How do I lodge an F.I.R?

  • To file an F.I.R, one has to go to the police station within the jurisdiction of which the cause of action arose or the offence took place.
  • Every piece of information relating to the commission of offence is to be given to the officer in-charge of the police station. If it is given orally to the officer, he shall reduce it to writing and read it over to the informant to confirm and verify the details.
  • Every such information has to be signed by the informant after which it is required to be recorded by the officer in a book maintained for this purpose as prescribed by the State Government.
  • The informant is entitled to receive a copy of the F.I.R free of cost.
  • If the officer in-charge of the police station refuses to record the information, you can send the substance of such information, in writing and by post to the Superintendent of Police (SP) concerned. The SP is required to start the investigation himself or direct any other officer subordinate to him to start the investigation.

5. Do I have to pay for lodging an F.I.R?

No. You do not have to pay a single penny to lodge an F.I.R. It is free of cost.

6. What are the things I should ensure while the F.I.R is being lodged?

While lodging an F.I.R you must ensure the following:

  • There should be four copies being recorded simultaneously, with carbon sheets in place.
  • Language is important. It must be recorded in first person.
  • Try not to over write or score out.
  • Try to use simple words.
  • Ensure that the arrival / departure time is mentioned in the FIR and in the Daily Diary Register at the Police Station
  • Carefully read the document before signing.

7. What do I do if the police department does not consider my F.I.R?

If the officer in-charge of the police station refuses to record the information, you can send the substance of such information, in writing and by post to the Superintendent of Police (SP) concerned. The SP is required to start the investigation himself or direct any other officer subordinate to him to start the investigation.

8. What happens to the F.I.R finally?

  • When there is sufficient evidence a CHALLAN is prepared.
  • When there is insufficient evidence, F.I.R is declared as UNNTRACEABLE.
  • When FIR is found to be false or is transferred to other Police Station on point of jurisdiction, it is declared as CANCELLED.
  • After registering the F.I.R the contents of the F.I.R cannot be changed. Only High Court can quash the F.I.R.

Please also see/refer to the following for more information on this subject:

Posted in Against Animal Cruelty, Animal Laws of India, Be the Change, Do you know?, Do-it-Yourself (DIY)Series: Animal Rescue and Treatment, Games people play, Information that empowers!, Pets, Stories from Ground Zero, Take Action!

Gurgaon Municipal Corporation’s Directive to Presidents of Residential Welfare Societies to stop harassing people who have pets and tend to street dogs

Below are embedded image files/scans of a 3 page letter issued by Commissioner of Municipal Corporation of Gurgaon to Presidents of all RWAs in Gurgaon to stop harassing people who tend to street dogs and those who have pets (by passing unlawful dictats of banning pet dogs). Please use it to contest against your respective RWA’s who come out with weird aristocratic bye-laws on the same.

You can download all these pages combined together as  PDF File by clicking on the link below.

Gurgaon-Municipal-Corporation-Directive-regarding-pet-dogs-and-stray-dogs_2012 (https://jaagrutiindia.files.wordpress.com/2013/10/gurgaon-municipal-corporation-directive-regarding-pet-dogs-and-stray-dogs_2012.pdf)

Gurgaon-Municipal-Corporation-Directive-regarding-pet-dogs-and-stray-dogs_2012_Page 1
Gurgaon-Municipal-Corporation-Directive-regarding-pet-dogs-and-street-dogs_2012_Page 1

Gurgaon-Municipal-Corporation-Directive-regarding-pet-dogs-and-stray-dogs_2012_Page 2
Gurgaon-Municipal-Corporation-Directive-regarding-pet-dogs-and-street-dogs_2012_Page 2

Gurgaon-Municipal-Corporation-Directive-regarding-pet-dogs-and-stray-dogs_2012_Page 3
Gurgaon-Municipal-Corporation-Directive-regarding-pet-dogs-and-street-dogs_2012_Page 3

Suggested reading:

For all yours reference again, please click the link below to the Notice issued by a battery of lawyers to a Gurgaon based RWA that came out with an absurd ruling to ban people from having pets.

Legal notice issued to Kanchanjunga Coop.Group Housing Society at Gurgaon 

Also, please refer to this page on the website of Pet Parents Association.

Posted in Against Animal Cruelty, Animal Birth Control (ABC) Programme/Street Dog Sterilization, Animal Laws of India, Animals, Articles, Be the Change, Do you know?, Do-it-Yourself (DIY)Series: Animal Rescue and Treatment, Games people play, General/Animals, Pets, Street Dogs of India, Take Action!

Pet Dogs and Street Dogs: Do’s and Dont’s

Below is an article written by Mrs. Maneka Gandhi, who is the Chairperson of an organisation called, ‘People for Animals’. We happened to receive a copy of it in our Inbox from a fellow animal rescuer and deem it wise to share it on this blog of ours, since a lot of our helpline calls and e-mails are related to this subject.

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In recent times, RWAs, Apartment Owners’ Associations, and Cooperative Group Housing Societies, having taking to imposing various restrictions on pet owning residents, such as disallowing the use of lifts, or parks, by pets, or even banning pets altogether. There is widespread resentment against these moves, because not only do they unreasonably restrict the rights of residents, they are also unlawful and against recent court rulings.

Moreover, as an RWA, or an Apartment Owners’ Association, Cooperative Group Housing Society, gated complex, etc., you may often be getting complaints regarding street dogs, and requests that they be driven away, through beatings by security guards or otherwise, or just dumped elsewhere. If you accede to these requests, you will not only be violating laws and pronouncements of courts, but will not achieve any permanent solutions either. The problem will remain a perennial problem ; and you will also run afoul of animal welfare people that are increasing in number by the day, and banding themselves into well organized groups.

Below, are some DOs and DON’Ts, with respect to both, PET DOGS & STREET DOGS.

I.          WITH RESPECT TO PET DOGS & PET OWNING RESIDENTS :Please keep in mind that the following is what you CANNOT do :-

 BANNING pets, whether allowed :

a)     Even by obtaining consensus, or even if the majority of the residents want it, you cannot legally introduce any sort of ‘ban’ on the keeping of pet dogs by residents.

b)     Even by amending bye-laws or regulations or otherwise, such a ‘ban’ cannot be put into place since it is illegal, and does not have the sanction of law. In fact, in trying to ‘ban’ pets, or limit their number, you interfere with a fundamental freedom guaranteed to the citizens of India, i.e. the freedom to choose the life they wish to live, which includes facets such as living with or without companion animals.

c)    If the residents that have pets are not violating any municipal or other laws, you cannot object. The general body cannot frame or amend bye-laws that are at variance with the laws of the country. Even by a complete majority, a general body cannot adopt an illegality. Please remember, you do not have the right to legislate, and ‘lay down law’ for residents, and apartment owners or even tenants.

Use of LIFTS by pets :

d)    There is a court ruling to the effect that pets cannot be disallowed from the use of lifts ; and no charges can be imposed either, by housing societies for the use of lifts by pets. In fact, it was widely reported in the news that the concerned court had ruled that “Dogs are family, can use lifts for free”. Kindly ensure that this sort of restriction is not therefore imposed – neither a ban, nor any special charges for the use of lifts by pets.

 Use of PARKS by pets :

e)    Banning pets from gardens or parks, is short-sighted. Firstly, you may or may not own the garden or park in question. It may be an MCD or DDA park, or belong to any other organization. Secondly, pets that are not properly exercised may show aggression in frustration ; and that, surely, cannot contribute to the benefit of the residents. It may be better to fix timings when pets can be walked without inconvenience to other residents. These timings can then be intimated to the general body.

Use of leashes/muzzles by pet owners, defecation by pets in community premises, imposition of fines and other similar measures :

f)     You can request pet owners to keep their pets on leash, when walking them in common areas. You cannot however ask for muzzles as muzzles are illegal for sustained use as dogs die through overheating. Please remember, the law already provides for penalties for negligent pet owners, which the aggrieved parties can avail of.

g)    In the absence of central or state laws requiring cleaning of pet poop by pet owners, you cannot impose any rule, regulation or bye-law, with respect to mandatory cleaning of pet poop, or impose special charges or fines on pet owners. You can, of course, request them to do so.

h)    You can also experiment with the creation of various pet defecation areas within community premises, which is what some housing societies and sectors are doing. These can be imaginatively spaced out within the precincts, and you can request pet owners to train their pets into using the same. You cannot however impose fines and special charges of any kind on pet owners, because there is no mandate in law for the same.

Intimidation :

i)     Lastly, please also always bear in mind that if any association succeeds in intimidating a pet owner into ‘giving up’ or ‘abandoning’ a pet, it will actually have contributed to a violation of law ; and may well be aggravating the menace of ownerless animals on the street, that are not accustomed to living on the street and therefore get involved in and lead to accidents, injuries and deaths. Please also bear in mind that intimidation is an offense in law.

II.         WITH RESPECT TO STREET DOGS :What you CANNOT do :-

1)         Beating and driving away street dogs, NOT ALLOWED ; animal birth control and release back into same locality/territory, ALLOWED :

As per Indian law street dogs (i.e. stray dogs) cannot be beaten or driven away or dumped elsewhere or killed. They can merely be sterilized in the manner envisaged in the Animal Birth Control (Dogs) Rules, 2001, vaccinated, and then returned back to their original locations. For the area-wise sterilization program that the law mandates shall be followed, dogs have to be returned back to their original habitat after sterilization and immunization.

2)         The rationale behind release into the same locality/territory :

Dogs, being territorial in nature, tend to fight off other dogs, and keep them from entering their territories ; and in this manner, the dog population in each territory / within each locale, stabilizes.If, however, they are removed permanently, other dogs come into the ‘dog-free’ vacuum that is thereby created. So the ‘problem’ continues.

3)         Street dog feeding, whether inside or outside community premises :

 There is no law that prohibits the feeding of street animals.Citizens who choose to do so are in fact performing a duty cast upon them by the Constitution of India – of showing compassion to all living creatures. As recently as the 12th of December, 2011, stray dog feeding has been upheld yet again by the High Court, and the emphatic challenge to the same by one R.W.A., disregarded.

4)         Animal cruelty :

Please also note, animal cruelty is an offence – under Section 11 of the Prevention of Cruelty to Animals Act, and Section 428 of the Indian Penal Code –punishable with imprisonment and fine.

5)         Intimidation :

Attempts to interfere with, or harass persons who choose to tend to and feed community dogs, maybe tantamount to the very grave offence of criminal intimidation.

6)         Aggression to dogs, counter productive :

Last but not the least : any aggression or hostility that the dogs may be subjected to, will only render them aggressive, and hostile to humans. They may then resort to snapping and biting in self -defense. If the same happens, the human aggressors shall be the only ones to blame.

Posted in Against Animal Cruelty, Animal Birth Control (ABC) Programme/Street Dog Sterilization, Animal Laws of India, Animals, Be the Change, Do you know?, Do-it-Yourself (DIY)Series: Animal Rescue and Treatment, Information that empowers!, News Reports, Street Dogs of India

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.

Posted in Animal Birth Control (ABC) Programme/Street Dog Sterilization, Animal Laws of India, Animals, Be the Change, Do you know?, Do-it-Yourself (DIY)Series: Animal Rescue and Treatment, General/Animals, Information that empowers!, News Reports

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

AWBI website screenshot-information to dogfeeders, colony caretakers
AWBI website screenshot-information to dogfeeders, colony caretakers

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

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

AWBI Form for getting Colony Caretaker of Animals ID Card

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

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

 to

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

Colony Animal Cretaker Form_AWBI_English

Colony Animal Cretaker Form_AWBI_Hindi

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

How to do this yourself?

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

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

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

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

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

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

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

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

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

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

A) Under the Government of India Animal Birth Control rules 2001 , no sterilized dogs can be relocated  from their area. Under 5 High Court orders , sterilized dogs have to be in their original areas. Even if the dog is not sterilized , the Society can simply ask an animal welfare organization to sterilize and vaccinate the dog. They cannot relocate him. Relocation is not permissible as it would cause more problems such as increase of dog bites as dogs are territorial by nature and fight to retain their areas keeping out other dogs.
Posted in Against Animal Cruelty, Animal Birth Control (ABC) Programme/Street Dog Sterilization, Animal Laws of India, Animals, Do you know?, Games people play, Information that empowers!, News Reports, Pets, Stories from Ground Zero, Street Dogs of India, Take Action!

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.

Posted in Against Animal Cruelty, Animal Laws of India, Animals, Be the Change, Do you know?, Games people play, Information that empowers!, News Reports, Pets

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.

Posted in Animal Laws of India, Animals, Do you know?, Information that empowers!, News Reports

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

Posted in Animal Laws of India, Animals, Games people play, Information that empowers!, Inspiration, News Reports, Stories from Ground Zero, Street Dogs of India, Take Action!

“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.

Posted in Against Animal Cruelty, Animal Laws of India, Animals, Do you know?, Information that empowers!, News Reports

Tail docking banned in India by Veterinary Council

Earlier this year, the Animal Welfare Board of India (AWBI) had issued a circular asking different bodies, individuals to ban tail docking and ear clipping by vets for cosmetic purposes.
The Veterinary Council of India (VCI)  has now officially notified the same in their bye laws.

Letter issued by Veterinary Council of India banning tail docking throughout India

So in case you find any Veterinary Doctor/Vet, anywhere in India practicing this cruel method, kind inform the Veterinary Council of India and AWBI so that the same may be stopped.
This is applicable all over India and it is upto the pet owners and animal lovers to make sure that vets don’t do this any further.
Posted in Against Animal Cruelty, Animal Laws of India, Animals, Maoists and Indian Street Dogs, News Reports, Stories from Ground Zero, Street Dogs of India, Take Action!

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.

Posted in Against Animal Cruelty, Animal Laws of India, Animals, News Reports, Stories from Ground Zero

Cruelty to animals has serious repercussion

Courtesy: The Pioneer

By Hiranmay Karlekar

Research shows that cruelty to animals often transmogrifies into criminal misdeeds and adds to a city’s list of crimes. The new Commissioner of Delhi Police would do well to crack down on those who treat animals without compassion.

The new Commissioner of Delhi Police, Mr BK Gupta, doubtless has a host of problems on his plate, including coping with terrorism and keeping the crime rate down when sociological, cultural and economic factors combine with the national capital’s peculiar location to push it upward. Nevertheless, an area which requires urgent attention is cruelty to animals.

Though the Delhi Police has been somewhat sensitised in the matter over the last few years, much still remains to be done. It continues to show a tendency not to take complaints of cruelty to animals seriously. In a recent instance in Mukherjee Nagar, north Delhi, an FIR against people accused of brutally beating a stray dog to death was reportedly registered only after intervention by those who matter.

Navbharat Times_28 February 2011

 

Hindustan Times_28 February 2011

The tendency towards ‘burking’ (doctoring of crime figures through non-registration of FIRs or recording offences as less severe), which policemen display everywhere, is more evident in the case of animals.

The need for a change in the police’s approach to complaints of cruelty to animals is urgent because animals have right to live safely and happily and human beings, the most advanced and evolved of all living species, have a responsibility to ensure that they do so. It is also important because instances of people going scot free after violations of the Prevention of Cruelty to Animals Act of 1960, increases the tendency toward taking laws in general lightly, which is increasingly in evidence today. Equally significant, cruelty toward animals is indicative of aggression or latent or active criminality in a person and identification of such an individual and keeping him or her under surveillance is important for any police force.

Violent criminals tend to be cruel to both humans and animals. In their paper, ‘From Animal Cruelty to Serial Murder: Applying the Graduation Hypothesis’ (The International Journal of Offender Therapy and Comparative Criminology), Jeremy Wright and Christopher Hensley write that since the late-1970s, the FBI has considered animal cruelty as a possible indicator of future serial murder.

“The FBI documented the connection between cruelty to animals and serial murder following a study of 35 imprisoned serial murderers. The convicted murders were asked questions regarding their childhood cruelty toward animals. More than half of the serial murderers admitted to hurting or torturing animals as children or adolescents (Humane Society of the United States, 2001).”

They further point out that in 1987, animal cruelty was added to the Diagnostic and Statistical Manual of Mental Disorders-III (R) as a symptom of conduct disorder and was retained in the 1994 DSM-IV (American Psychiatric Association 1987, 1994). According to DSM-IIIR and DSM-IV description of conduct disorders, it commonly involves physical violence and harm to humans and animals.

In another paper entitled ‘Childhood Cruelty to Animals and Subsequent Cruelty to Humans’ (The International Journal of Offender Therapy and Comparative Criminology), Linda Merz-Perez, Kathleen M Heide, and Ira J Silverman write that cruelty to animals has long served as “a red flag in law enforcement circles with respect to extremely violent offenders” and state that “the expansive literature with respect to serial killers has often cited cruelty to animals as a precursor to the violence later targeted against human victims (Lockwood & Church, 1998)”.

They conclude that the study’s overall results support previous research efforts indicating “a relationship between cruelty to animals committed during childhood and later violence perpetrated against humans.”

Noting that the matter is complex, the authors say that cruelty to animals in children can provide insights into violent behaviour that may or may not translate later into violence against human beings and that cruelty to animals often reveal insightful analogies to violence against human beings. They cite the example of a “violent offender, a repeat sex offender” who had been “convicted of a crime against nature for sodomising a reformatory pig” and another, “convicted of sexual batter on a person 65 years or older”, described how he would throw stones at stray animals to “beat and hurt them as my parents hurt me”.

Prompt and effective action regarding offences affecting animals should, therefore, be considered a critical and integral part of policing. Mr BK Gupta would make a signal contribution to enhancing citizens’ security in Delhi if he can impress this on his force.

Posted in Against Animal Cruelty, Animal Laws of India, Animal Sacrifice, Animals, Be the Change, Do you know?, Information that empowers!, Street Dogs of India, Take Action!

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: –

——–

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

——–

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.

——–

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.

——–

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.

——–

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

——–

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.

——–

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.

——–

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.

——–

38. Power to make rules.

——–

(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.

——–

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


Posted in Animal Laws of India, Animals, Be the Change, Games people play, General/Animals, Information that empowers!, Inspiration, Man and Animal: Stories of Kindness, News Reports, Pets, Relationships

Dogs are family, can use lifts for free, rules court

In August, this year when we at ‘Jaagruti’ received a call from the Gulati family in Faridabad alerting us to the fact that their colony RWA was disallowing them to take their dog ‘Pixie’ in the building lift, it prompted us to do some research on such cases in India, following which we had come out with this article explaining how people could act in such cases.

Yesterday, however brought good news to many a residents fighting this battle for their dogs with their colony RWAs with the Consumer Disputes Redressal Forum at Mumbai giving a judgement in favour of the D’Souza family and saying that, “Dogs are part of family, and they can use lifts for free”

Please read the article below in Times of India dated 30th November 2010

(Times of India_30th November 2010)

The below story Courtesy: Anand Holla and Mumbai Mirror gives more details on this ruling of the court.

Dogs are family, can use lifts for free, rules court

This judgment by a Consumer Disputes Redressal Forum at Mumbai will help make life much easier for pet owners in multi-storeyed apartment complexes facing harassment from their RWAs regarding use of lifts by pets.

Mahim society asked to stop charging residents for letting pets use building elevators. Consumer forum says if milkmen can use it, so can dogs

The status of dogs in housing societies have been elevated. In a judgment that will set a precedent for housing societies on how to treat pets, the Central Mumbai Consumer Redressal Forum has rapped a Mahim society for charging one of its member Rs 500 for each of his two dogs using the elevator.

The D’Souzas had been paying Rs 500 a month so their dog Barney could use the lift

Noting that pets are members of the modern, urban family, the forum ruled there is no reason why pets can’t use elevators when outsiders, including service providers such as milkmen and vendors, have access to the facility without any charges.

The family in question — the D’Souzas — resides on the 10th floor of Our Lady Of Velankanni And Perpetual Succour society. The D’Souzas, 58-year-old Allwyn and Eleanor, 52, were shocked by the resolution passed during the society’s general body on August 10, 2008, charging Rs 500 per month for each pet using the lifts. The move hit the couple hard as they would use the elevator to take their pet dogs Barney, a labrador, and Dash, a mongrel, for a daily walk.

When the family protested, the society management justified the decision by saying the pets cause “nuisance due to the stench and threat, causing inconvenience to the members” and that “extra electricity (was) consumed due to unnecessary trips by the lift because of the dogs,” among other factors.

The D’Souzas were left to fend for themselves as the other family in their building that had a pet stayed on the third floor and took to stairs after the diktat. Challenging the society’s decision, Allwyn D’Souza moved the consumer forum while continuing to pay Rs 1,000 every month “under protest”, along with maintenance bills.

D’Souza’s lawyers Udav Wavikar and Rashmi Manne contended before the forum that pets are pampered and loved as much as any other family member, and hence, should be considered part of the family. Invoking religion and mythology, the lawyers said a dog is considered an incarnation of a deity in Maharashtrian culture.

The lawyers further argued that forcing dogs up and down 10 floors amounts to sheer cruelty. To bolster his case, Allwyn collected signatures of society residents to attest that they had no complaints against his dogs. The society, however, said the dogs dirtied lifts by either urinating in them or soiling them, and there was the danger of them biting other residents. The society also argued that dogs are not members of the D’Souza family, and the Maharashtra Co-operative Societies Act doesn’t include them in the bracket of family members. It claimed the forum had no jurisdiction to hear the complaint.

However, the bench of Nalin Majithia and Bhavna Pisaal observed last week, “We don’t find the society’s view correct. The D’Souzas pay all normal charges and to charge them an extra Rs 500 towards each dog is illegal, and is an instance of unfair trade practice. In Indian culture, dogs are common pets and usually treated as lovingly as other members of the family.”

The forum noted that no resident had ever taken any objection to D’Souzas’ pets. “In a populous city like Mumbai, there is always a shortage of space and multi-storeyed buildings are fast filling up the landscape. Several outsiders such as milkmen, newspaper and vegetable vendors, laundrymen, sweepers, etc, use the building lifts on a daily basis. In such a scenario, the society’s decision to levy charges on residents’ pets for lifts usage is inappropriate,” the forum held.

Ordering the society to return the entire amount it has collected from the D’Souzas along with nine per cent interest and Rs 5,500 towards mental and physical torture and legal costs, the forum held, “The society has indulged in unfair trade practices and it is incorrect on their part to charge the D’Souzas.”

From October 2008 till September 2010, D’Souza paid “dog fees” to the society. Allwyn said, “Our dogs were kept absolutely clean and healthy. We would take them out only twice a day and they never misbehaved with anybody, nor dirtied the lift or the society premises. Some members of the society passed this order only to harass us.” Happy with the order, he said, “This will come as a relief to many residents who are similarly harassed over their pets.”

Lawyer Wavikar said, “If pets dirty the premises, their owners should be made to clean up the place. However, charging residents for keeping pets is completely unjust. With the city constantly experiencing vertical growth, this landmark judgment will go a long way in settling the issue on pets and their rights to use building facilities.”

The society’s lawyer, Anand Patwardhan, termed the forum’s order as ‘perverse’ saying the case should have been decided by a co-operative court. “The society is fully justified in charging additional money as provided in the by-laws of the Co-operative Society Act. Consumer forums shouldn’t trespass the jurisdiction of other courts – in this case a co-operative court.”

While Dash died last year, Barney can now use the lift without burning a hole in his owner’s pocket.

Posted in Animal Laws of India, Animals, Do you know?, General/Animals, Information that empowers!, Take Action!

New Page added: Animal Helplines in Mumbai

After ‘Animal Helplines in Delhi and NCR‘ we at Jaagruti are happy to share with you all our new webpage titled, ‘Animal Helplines in Mumbai‘.

We hope to expand this list to an all-India level in times to come so that no one on the street ever feels helpless and ignores the sight of an animal in pain just because they find themselves clueless on whom they could call or take the animal to.

If you wish to list your organisation’s helpline number on this website, please do mail us at contact@jaagruti.org or post a comment underneath and we will make a note of it from there.

Thanks!

Posted in Against Animal Cruelty, Animal Birth Control (ABC) Programme/Street Dog Sterilization, Animal Laws of India, Animals, Do you know?, General/Animals, Information that empowers!, News Reports, Street Dogs of India

The ABC of stray dogs

Animal Birth Control: Its as easy as ABC (Image Courtesy PETA)

Animal Birth Control/ABC Programm involves sterilizing street dogs, vaccinating them against rabies and releasing them back into the areas where they were picked up from.

The article below is kind courtesy of  The Pioneer Newspaper, penned by noted senior journalist Mr. Hiranmay Karlekar who is also the author of a book titled ‘Savage Humans and Stray Dogs’, the article sheds light on the ‘ABC’ of Delhi’s Animal Birth Control/ABC Programme, comes in the wake of the Commonwealth Games recently organised in Delhi in which many street canines (sterilized as well as non-sterilized) were temporarily (for the period of these games) relocated to Animal shelters across Delhi and Noida from many games venues, stadia, hotels, all of whom have now been released back into the areas where they were picked up from (and those canines that were not sterilized were also sterilized in the process and vaccinated against Rabies at the shelters/hospitals they were housed at prior to being released back to their homes). There is a whole scientific basis and reasoning behind doing so and that is what Mr. Karlekar enlightens us all on below. If you still have doubts, drop in a comment underneath or mail us at contact@jaagruti.org

The Pioneer EDITS | Saturday, October 23, 2010, By Hiranmay Karlekar

It’s a fallacy to believe that killing street dogs will bring down their numbers. But sterilising them helps in reducing and stabilising their population

According to a report, the Mayor of Delhi has said in an interview to a news channel that the national capital’s stray dogs, which had been removed from their habitats for the duration of the Commonwealth Games, should be killed or kept where they had been taken. He, however, has also reportedly said on television that it was inhuman to kill dogs. I have neither heard either statement nor talked to him. I will, therefore, not go into what he did or did not say. Nor will I criticise him on that account. Instead, I would focus on the issues in question.

Animal Birth Control (Dog) Rules, notified in December 2001 under the Prevention of Cruelty to Animals Act (1960), prohibits the killing of stray dogs except in special cases, as when they are rabid or terminally ill. In these too, prescribed procedures have to be followed. Besides, the Rules provide that stray dogs can only be removed from their habitats for neutering and immunisation against rabies. Both done, they have to be returned to places from which they had been taken.

The Rules prescribe the only scientific — and also humane — way of controlling stray dog populations. Killing or removal has not helped anywhere. Dr K Vogel, Chief Veterinary, Public Health, Division of Communicable Diseases, World Health Organisation, and Mr John Hoyt, then President, World Society for the Protection of Animals, made this clear in their joint preface to the Guidelines for Dog Population Management, released by the WHO and WSPA in May 1990. They stated, “All too often, authorities confronted by problems caused by these (stray) dogs have turned to mass destruction in the hope of finding a quick solution, only to find that the destruction had to continue year after year, with no end in sight.”

In its Eighth Report (WHO Technical Report Series 824), WHO’s Expert Committee on Rabies, which met in Geneva from September 24 to 30, stated, “There is no evidence that the removal of dogs has ever had a significant impact on dog population densities and the spread of rabies. The population turnover of dogs may be so high that even the highest recorded removal rates (about 15 per cent of the dog population) are easily compensated by survival rates.” This has been conclusively established in Delhi. In his “Dogs and Dog Control in Developing Countries”, published in The State of Animals 2005, Dr JF Reese writes, “In Delhi, a concerted effort (pre-Animal Birth Control, or ABC) at dog removal killed a third of the straying dogs with no reduction in dog population.”

It has been the same experience everywhere. In his paper, “ABC responsible for decline in human rabies cases”, Dr Chinny Krishna, co-founder and chairman of the Blue Cross Society of India, cites the instance of Madras Corporation’s catch-and-kill programme that began in 1860. He quotes Mr Theodore Bhaskaran, a retired Post Master-General, as stating in an article, “In the 1970s the number of stray dogs destroyed by the corporation was so high that the Central Leather Institute, Madras, designed products —such as neckties and wallets — from dog skins.” Dr Krishna has pointed out elsewhere that the number of dogs killed by the corporation had gone up to 30,000 per year by 1995. Yet the city’s stray dog population and the incidence of rabies continued to increase.

Why does killing or removal not help? According to the Guidelines for Dog Population Management, each habitat has “a specific carrying capacity for each species”, which “essentially depends on the availability, quality and distribution of the resources (shelter, food, water) for the species concerned. The density of population for higher vertebrates (including dogs) is almost always near the carrying capacity of the environment. Any reduction in the population density through additional mortality is rapidly compensated by better reproduction and survival.”

The argument that such a situation will not arise if all stray dogs in a city or country are killed at one go, holds little water. Nowhere has such a venture succeeded. Besides, dogs are territorial. Dogs from one area do not allow those from other areas to enter their areas. Dogs from other areas will occupy any area in which all stray dogs have been massacred. This territorial character of dogs lies at the heart of the ABC programme. With sterilised and vaccinated dogs keeping un-sterilised and un-vaccinated dogs away from their areas, those implementing the programme can concentrate on progressing area by area until a whole city is covered. Otherwise, they will have to keep returning to areas where they had already been with the stray dog population continuing to grow elsewhere.

Significantly, WHO’s Expert Consultation on Rabies, held in Geneva from October 5 to 8, 2004, had stated (WHO: Technical Report Series 824), “Since the 1960s, ABC programmes coupled with rabies vaccination have been advocated as a method to control urban street male and female dog populations and ultimately human rabies in Asia The rationale is to reduce the dog population turnover as well as the number of dogs susceptible to rabies in Asia and limit aspects of male dog behaviour (such as dispersal and fighting) that facilitate the spread of rabies.”

Delhi has had a reasonably successful ABC programme since 2003. Between 40 and 50 per cent of the dogs removed from the Commonwealth Games sites to the care of NGOs were found neutered. At this rate the target of 70 per cent, required to stabilise and then gradually bring down stray dog populations, should be reached in the next few years. Meanwhile, one needs to congratulate the Government and Municipal Corporation of Delhi, the New Delhi Municipal Council and NGOs like Friendicoes, Cure & Care, Sonadi, PAWS and Sanjay Gandhi Animal Care Centre and SPCA NOIDA for the manner in which they temporarily relocated and looked after around 700 dogs. The glitches that occurred were perhaps inevitable in an exercise of the magnitude undertaken. While Mr Rakesh Mehta, Chief Secretary of Delhi, and Mr KS Mehra, Commissioner of MCD, cut through all bureaucratic red tape to promptly take the big decisions, Dr RBS Tyagi and Dr Alok Agarwal of MCD and Dr Dinesh Yadav of NDMC worked tirelessly, almost round-the-clock. Animal lovers throughout India need to warmly applaud all of them.

Posted in Against Animal Cruelty, Animal Laws of India, Animals, Be the Change, Stories from Ground Zero, Street Dogs of India, Take Action!

Commonwealth Games and Street Dogs- Part 2

For a background or part 1 of this story on Commonwealth Games (Delhi, 2010) and street dogs, kindly click here and then read on below

On 5th October, 2010, the Animal Welfare Board of India wrote to the Municipal Corporation of Delhi to apprise them of the fact that the  Continued (temporary) removal of stray dogs by the municipal agencies from Commonwealth Games venues is turning out to be ‘COUNTER PRODUCTIVE’.

To understand how random displacement of street dogs can turn counter-productive, please read the letter from AWBI mentioned above by clicking on the image below:

Following this letter, a website ‘www.cwgdogs.in‘ has been launched to help find your missing/caught street Dogs during the Commonwealth Games ‘dog catching’ spree.

If you are one of those missing your friendly neighbourhood canine on the street – please identify them from the photographs posted on this website, contact these shelters and get them back to their homes for that is where they belong.

Posted in Against Animal Cruelty, Animal Laws of India, Animals, Be the Change, News Reports, Stories from Ground Zero, Street Dogs of India, Take Action!

Commonwealth Games and Street Dogs

 

(Courtesy: Associated Press, http://oneclick.indiatimes.com)

 

After the news of the report submitted by Commonwealth Games Federation President and CEO was made public by the electronic media early this week,  it was apparently qouted and shown in the photographs submitted by the committee that, “there were pug marks of street dogs on the mattresses in the apartments of the games villages that are due to host the athletes as well as their faeces littered in the Games village”.

Since people in foriegn countries are not used to co-existing with dogs the way we Indians are, the CWG commitee had expressed their concern regarding the presence of street dogs in the Games village and asked for their removal.

But as per the Indian Prevention of Cruelty to Animals Act 1960, Delhi High Court orders and orders of the Supreme Court, the street dogs from any area can be removed only for sterilization and vaccination purposes and then they have to be released back into the same area from where they were picked up.

Thus, due to the timely intervention of Major General (Retd) Dr. R.M Kharb, Chairperson, Animal Welfare Board of India and Mr. Hiranmay Karlekar, Member, Animal Welfare Board of India and the pro-active humane outlook adopted by the Commissioner of Municipal Corporation of Delhi (MCD) Mr. K.S Mehra, IAS and the Chief Secretary, Government of Delhi Government, Mr. Rakesh Mehta, IAS- the street dogs living in and around the venues earmarked for the Commonwealth Games, 2010- have got a reprieve and in the process India has set an example in front of the other countries of the world with regard to humane treatment of street animals and has also in the process respected its own laws and India’s constitution.

Now the task of picking them up and looking after them till the period of the Games has been entrusted into the hands of SPCA Noida, Cure n Care, Sonadi Animal Care Hospital Friendicoes SECA, an NGO based out of South Delhi, who will be housing them at their South Delhi, Ghazipur and Gurgaon centres where each dog will be given a token with details of the area from where it was picked up.

Volunteers and food are invited by all these NGOs to help in tagging and feeding of the dogs coming in every day and also for helping release them back into their respective territories after the games get over. However, please remember to contact these respective shelters prior to going in there (The contact numbers of all these shelters can be accessed here).

In the interim period, if these dogs will are sterilized and vaccinated by the NGO, then that would be an added bonus for these dogs and the city.

Click on the thumbnails below to read the communication issued by Animal Welfare Board of India’s Chairperson to the Commissioner, Municipal Corporation of Delhi (MCD):

Below is the news in today’s Times of India with regard to this initiative and here is the link to today’s online news on this subject.

Posted in Animal Laws of India, Animals, Be the Change, Do you know?, Games people play, Information that empowers!, Inspiration, Jaagruti's interventions, Pets, Relationships, Take Action!, Videos on Animals

How to act when your society RWA puts a bar on letting your pet dog use the building lift?

Pet Dogs: Should they be allowed on lifts or not? (Photo credit: theotokos.co.za)

On the afternoon of 10th August 2010, the Jaagruti helpline received a call from Mrs. Usha Gulati in Faridabad who informed that the residents welfare association of the colony in which they stay had objected to them taking their Pet dog Pixie up and down the building lift from their 5th floor flat. Ms. Gulati and her family was willing to take Pixie down (for his walks) using the stairs but given his age (Pixie is 10+ years old) and the fact that they live on the 5th Floor, the Gulati family was not willing to cow down to the demands and orders of the RWA in any way and were even willing to take this matter to court should the RWA remain adamant in its stance on this subject.

Most of the times the arguments that RWA office bearers give to pet owners while objecting them to using the building lift with their pets- ‘the pets odour is harmful for human health’, ‘pets are dirty’, ‘pets make the lift dirty’, ‘pets can pounce or growl or attack other people in the lift’ and the list goes on as per the whims and fancies of the RWA representatives.

Ms. Gulati mentioned to us that she has a copy of a news clipping that came out in Times of India newspaper in December 2008 in which a Mumbai resident had approached a consumer court for his pet dog Shimu.  Further to this Ms Gulati wanted to know from us if there was any previous judgment in this regard that they could use to help Pixie. Below is presented a step-by-step guide on how to tackle such a problem which, as we learnt is a common problem faced by many people living with their pets in buildings with lifts face across many cities in India. The key to coming out victors in such a situation is to have cent percent commitment towards your pet and to be willing to stand up for your pet’s rights, for pets are family!

Through the power of the internet, we enquired upon this ‘Pets being denied lift access’ subject from people across the animal welfare fraternity across India, the following facts came to light and we are sharing this information in our effort to inspire all those who face similar problems to act accordingly when faced with such situations. As for what transpired in the story of Pixie, read this till the end:

The only preceeding judgement in such a case was when Mr. Ajay Marathe, a resident of Mumbai’s Vashi Colony approached the Consumer Court (on 26th September, 2008) when his colony’s association passed a resolution disallowing them to use the building lift with their pet dog ‘Shimu’, who was then 11 years old who was suffering from osteo-arthritis (pain in the bones and joints)

The following trail of news stories on Shimu’s case illustrate the trail of events on this subject as well.

No entry for pets in lifts, Vashi housing society tells residents

Indian Express
N Ganesh Fri Sep 12 2008
Mumbai, September 11 : Says odour may be harmful to health; SPCA takes up issue
Life for 11-year-old Peter-Pan alias Shimu, a Labrador Retriever, has become tougher than ever. Shimu stays with his owners, Ajay and Nandini Marathe, on the fifth floor of New Sarvodaya Co-operative Housing Society, at Sector 4 in Vashi. Shimu has been diagnosed with osteoarthritis, an ailment in which the patient suffers from severe joint pain. However, Shimu will now have to use the staircase instead of the lift, as a resolution passed by the general body of the society bars pets from using the building elevator.

On August 3, 2008, the general body resolved to prevent use of lifts by residents accompanied by their pets. According to a notice issued to Marathe and the general body resolution, the society fears that the odour of the pets which is left behind in the lifts, can be hazardous to the life and health of the building residents. In the month of May 2008, the society sought numerous documents certifying the fitness levels of the dog. Marathe, who has a licence for the dog, produced a certificate issued by the Bombay Veterinary College that dog is licenced, vaccinated, healthy and does not suffer from any infectious or contagious disease. The Bombay Veterinary College certificate also adds that since the dog is aged and suffering from osteoarthritis, it should be allowed to use the lift, as climbing the stairs would be a painful task.

Marathe tried to find a way out by using air fresheners after the use of lift by the pet dog. However, the society officer tersely told Marathe that use of air fresheners was not recommended.

After a complaint of Marathe, the Society for Prevention of Cruelty to Animals (SPCA) has taken up the issue. S B Kadam, assistant secretary, SPCA said, “SPCA inspectors have paid a visit to the society and asked the office bearers to be practical and permit use of lift for the pet dog concerned. We will be hearing from them soon.”

Marathe said, “I paid the watchman from the neighouring building to carry the dog up and down the building thrice a day so that he could answer nature’s call. This arrangement worked fine for a few days, however he stopped coming after being warned by society office bearers.”

Meanwhile, Marathe has temporarily shifted Shimu to his in-laws place at Pen in Raigad district. Chairman of the housing society Arvind Palwankar said, “It is a very old sick dog with a bad odour. We only prevented Marathe from using the lift. Moreover, Marathe is a nuisance as he relentlessly complains against the society to the authorities about all things trivial.”

What the law says
Advocate Rahul Thakur who is associated with In Defense of Animals (IDA) said that the society resolution violates section 11 (3) of Prevention of Cruelty to Animal Act 1960. It is also against article 51 A (g) of the Indian Constitution according to which it is the duty of every citizen to have compassion for animals, living creatures and improve the natural environment. Thakur said, “The society resolution is illegal as it is unconstitutional.”

Please note the underlined portion in the last paragraph of the above story.

Luckily for Shimu, who is now in good heavens, the Consumer Court upheld the society’s resolution and passed the judgement in his favour and also asked the Association to pay Mr. Ajay Marathe Rs.5000/- in lieu of the damages and the expenses incurred by him on this court case.

Please read through the following news stories:

Peter Pan can use apartment lift now

Indian Express

N Ganesh Dec 17, 2008

Mumbai This 11-year-old dog was barred from using lift by the housing society in Navi Mumbai

The consumer forum came to the rescue of a 11-year-old dog, Peter Pan alias Shimu, who was not allowed to use the apartment lift by the office bearers of a housing society in Navi Mumbai. Shimu, a pet belonging to Ajay and Nandini Marathe, residing on the fifth floor of New Sarvodaya co-operative housing society was barred from using the society lift. Shimu had been diagnosed with osteoarthritis — an ailment that causes acute pain in the joints.

In its order dated December 11, 2008 the Thane District Additional Consumer Disputes Redressal Forum ruled that the housing society’s move to prevent pets from using the apartment lift without any valid reasons amounted to deficiency in service to the members as per section 2 (1) (g) of the Consumers Protection Act.

The Marathes were asked to produce documents certifying the illness of the dog. However, despite producing the required certificates and reports, the general body of the housing society in August 2008 resolved to ban pet animals from using apartment lifts.

The housing society contended before the forum that the dog was not a consumer of the housing society and hence the forum cannot hold the society liable. The consumer court however said in its order: “The issue of ‘dog’ being or not being the consumer of the society is not valid, instead the valid issue should be whether the complainant is consumer of the housing society or not.”

Since the membership of the Marathes to the housing society was not disputed, the consumer court said: “The dog has valid license and has been certified by a veterinary doctor of having no contagious and infectious disease. It has received all its vaccines. The doctor has also recommended the use of lifts owing to its condition.”

The housing society contended that the use of lifts by pets threatened the safety of the residents. However the Consumer court held that the housing society’s decision to ban pets from using lifts was without any valid reasons and hence amounted to deficiency in service. The court has ordered the housing society to pay Rs 3000 as damages and Rs 2000 as legal expenses to the Marathes.

Consumer court upholds dog’s right to use lift


18th December, 2008,  Published in: The Times of India

Mumbai: An 11-year-old Labrador has emerged a champion of dog rights by not only winning for himself the right to travel in the elevator of his apartment complex in a Mumbai suburb but getting his master a Rs 5,000 compensation from the apartment’s anti-pet managing committee.

The Thane District Consumer Disputes Redressal Forum passed an order, defending Shimu aka Peter Pan’s right to use the left and directed the society to compensate the owner for the harassment he faced. The dog’s owner, Ajay Marathe (52), a fifth floor resident of New Sarvoday Cooperative Society at Vashi, told TOI on Wednesday: This is a very good judgement given in our favour in real time. In fact, a lot of pet owners face the same problem in Mumbai; this order can be an important reference point to help them use their society lifts.

Marathe added that the 35-kg Shimu suffered from pain in the joints and couldn’t use the stairway. The society this May passed a resolution, saying pets like cats and dogs could not be allowed in the lift as their body odour could be injurious to health and life, which I found to be ridiculous, he said.

Marathe first went to the cops, but failing to get a sympathetic response from them, he lodged a case in the Thane consumer court. The consumer court has given this judgement in less than three months. The Rs 5,000 compensation for my pet is also welcome as I had to temporarily shift Shimu to my in laws house in Pen, which caused some discomfort to him, he said.

To read the full judgement given by the Consumer Court on this case in favour of Shimu the dog, please click here

Since Shimu passed away soon after this judgement was announced, Mr. Marathe donated the Rs.5000/- compensation he received to the animal welfare charity named PAWS which used this contribution to publish brochures on the ‘Tree Protection Act’, which carried Shimu’s name on it as a mark of honour to his spirit.

Now, coming back to Pixie’s case in Fraidabad, here is what happened-

Deriving inspiration from Mr. Marathe’s stance on getting justice for Shimu, Ms. Usha Gulati’s familytook the press clipping of Shimu’s news (which had come out in TOI in December 2008) and approached the Local  Police with the copy of the same and lodged a complaint against the RWA…the cops then called and came over to meet the RWA representatives and following all of this, an amicable solution was reached upon in which it was agreed that the  Gulati family would be allowed to bring their pet dog Pixie down the stairs for his walk and after he has relieved himself and there is apparently nothing in his stomach to ‘dirty’ the lift with, he can take the lift upstairs to his fifth floor house along with his owner.

So, next time you face such an issue, consider using all of this information above and stand up to seek justice for your animal friends. Trust us, its all worth the effort and a way to (try to) pay back  for all the love that your pet animal has showered upon you unconditionally.

However, we would like to also suggest to you that as always prevention is better than cure so please be mindful of a few other things a ‘responsible’ pet owner can follow while using the lift with their pet, to avoid inconvenience to the fellow lift users:

1. Make sure that your pet dog/cat is vaccinated to avoid any health related arguments from fellow building residents.

2. Keep your pet animal on a leash.

3. If your pet is aggressive and has a tendency to bite strangers, then it would be better to put a muzzle around the pet’s mouth while you move your pet in the lift. You can remove the muzzle once your pet is out of the lift.

4. Try using the lift when no one is in there, alternatively avoid using the lift when someone (you know) having a canine/feline-phobia (i.e someone who is well-known to be scared of dogs/cats) is already travelling in the lift.

5. Make sure that your pet doesn’t pee or defecate in there, so avoid taking young untrained pups in the lift as else you would most likely end up creating a lot more disgruntled neighbours or should we say enemies!

6. Take care of the health and hygiene of your pet dog/animal, give it a nice bath regularly so that it doesn’t emanate any sort of stinking odour in a public place like a lift, which may else be a cause of inconvenience for the fellow residents of your building.

* Credits: We deeply thank AWBI’s lawyer Anjali Sharma, PAWS founder trustee Nilesh Bhanage and Vishruti Aggarwal for sharing their experiences, the video link and the consumer court judgement with us.

Posted in Animal Laws of India, Be the Change, Do you know?, Information that empowers!, Inspiration, Stories from Ground Zero, Take Action!

Wildlife Crime Investigations and the Legal system

By Vasudha Mehta [Mail : vasudha@jaagruti.org]

We learn much in life through our respective experiences, trials and errors and this article traces my experience while working with animal rescue groups on wildlife crime based investigative operations. We do understand that what I did was just one tiny drop in the ocean but atleast it was a single drop…and through this article we at ‘Jaagruti’ hope that many more of you who hope to crack the mystery behind nabbing wildlife criminals or the lack of it- will get a peep into the whole process and somewhere down the line be inspired to act to nab those who toy with our country’s much cherished natural heritage, thereby helping in minimising wildlife crime, which has the potential to wipe out India’s magnificent animals if left unchecked!

Image Courtesy: http://www.ohfortheloveofscience.com

Nabbing wildlife criminals

All species of animals and products derived there from that find mention under the Indian Wildlife Protection Act 1972 are considered to be protected under the legal system and the punishments for killing/possessing the same varies as per the degree of the crime committed and the schedule to which the animal belongs. And by law, all wild animals and products listed and protected under this act are considered a property of the Government of India and the responsibility to enforce this law rests entirely on the state wildlife departments (wildlife inspectors/forest officers). However, Section 50 of the Wildlife Protection Act, 1972, also empowers “a Police official of the rank of a Sub-Inspector or above has the powers to search, seize and arrest”.

It is important to note that while undertaking a raid to nab wildlife criminals, one requires the help of the Police and/or the Forest/Wildlife department for the power to search a spot seize the animals and arrest the accused lies with these government officials; representatives of the NGO circuit, individual activists or the common man don’t have legal powers to do so, but there exist a number of ways in which individuals/NGOs and the government machinery can assist each other to nab wildlife criminals by utilizing their respective skills/resources and legal powers respectively.

Kinds of Wildlife criminals (and Investigations):

There are three levels of wildlife criminals operating in the city. The lowest rung is that of the roadside vendors which include bird-sellers, dog-sellers, pet-shops, snake charmers, madaris etc. Nabbing the people involved in the lower rung helps in reaching the mid-level gang that includes the wholesale-dealers, who retail the animals to these local pheri-wallahs. Catching these wholesale dealers leads us to the source, which includes the traders who are involved in capturing these animals from their wild habitat and the knowledge of the areas from where the animals are being captured and an idea about their trade routes.

Broadly, wildlife crime investigations in our country can be categorized into the following-

  1. Those conducted by NGOs/activists/individuals in the cities which involve seizure of wildlife products like mongoose hair brushes, owl claws etc. or raid and rescue operations involving live wild animals exploited in cities by street entertainers like madaris and saperas-monkeys, bears and snakes or those animals held by pet shops, meat sellers, street vendors/part-time traders or the dubious tantriks. Such animals include birds like Pigeons, Parakeets, Munias, kites, peacocks and owls; reptiles like snakes, turtles and monitor lizards and; animals like mongoose and civet cats.
  2. Raid/seizure of wildlife contrabands involving highly protected Schedule 1 animals like skins and claws of tigers, lions and leopards, rhino horns, Elephant ivory, Otter skin, Bear biles, Crocodile skins. Such investigations are more time consuming as well as life-threatening in nature since the investigators end up dealing with organised gangs of wildlife criminals that work across national and international boundaries. Such investigations involve a united effort on part of many agencies, the Wildlife Departments, Police, Crime Investigation agencies and the investigative/decoy support and intelligence provided by Wildlife NGOs.

How is an investigation and operation carried out?

  1. The tip-off: Generally, various wildlife NGOs have an enforcement unit comprising of a Research team and a Field Raiding Team, consisting of a network of informers, decoys and field workers. Tip offs are generally received through the aware and sensitized individuals within the society or generated by the informers hired by the NGO’s Research Team.  This system of informers employed by the NGOs is generally paid as per the authenticity and accuracy of the information provided by them.
  2. Conducting a Reccee: To authenticate the information provided to the research team, normally decoys are used to validate the leads so obtained, however sometimes under time constraints for an on the move wildlife contraband or criminal, the luxury of conducting a recee can be least afforded!
  3. The raid: The raiding team generally comprises of NGO resource persons accompanied by officials from the Police, Wildlife Department and or Wildlife Crime Control Bureau who are well acquainted with the laws.In addition to the Wildlife Protection Act, 1972, even the Prevention of Cruelty to Animals Act 1960 can be enforced upon under many cases.Knowledge of the laws, specific sections and penalties outlined within the act helps in registering a strong case and is crucial for putting the convict behind bars.
  4. Once the raid conducted, the police prepare a seizure memo. The job of the raiding squad is to get the accused arrested, seize the animals and the police then presents the accused and the seized animals/products before the Metropolitan Magistrate in the local district Courts.
  5. The accused is generally sent to 14 days of Judicial Custody (JC) by the Metropolitan Magistrate and the investigation of the case is subsequently handed over to the Wildlife Department.
  6. More often than not, once the Wildlife Department is not represented by a lawyer after the JC period is over, the accused is released on bail. Hence, all the effort of nabbing a criminal goes to waste. Therefore, all that we require from the Wildlife Department is to convict the accused with the help of an efficient public prosecutor.

The (apathy of) State Wildlife Departments, the Police and the legal lacunae:

These departments often do not work to their full potential and the reasons for these are manifold for they neither have the infrastructure, nor the staff or the spirit to do this kind of investigative work.

In Delhi, for example, there are 5 Wildlife Inspectors that joined this department about two decades back and in all these years, they haven’t even been promoted once! When they joined they were Wildlife Inspectors and they remain so even now. In all these years, there are no new recruitments that have taken place either. As a result, there is no one to work under them or work with and naturally so, over all these years these inspectors also tend to lose out on the youthful energy they carried when they first joined these departments, hence it is natural to assume that the officials lack spirit and enterprise and suffer from demonization and frustration.

Coupled with it, is rampant corruption, lack of political will and the complete lack of infrastructure. These wildlife inspectors move on motorbikes and don’t even have a car and a driver at their disposal thus making it difficult for them to move the rescued animals or even take the accused for a Medical examination before presenting him in front of the district court magistrate as per the provisions of the law.

Also, The Wildlife Department and the Police are not armed with a team of animal handlers so they are generally apprehensive of carrying out wildlife crime seizures. Despite knowing that showing snakes to people on roadsides or selling birds is illegal, the authorities fail to nab street entertainers using animals as the whole thought of handling snakes, monkeys, bears and mongooses (after conducting the seizure) scares them off!

The Wildlife Departments don’t have the space to house rescued animals till their release orders are issued by the court. Zoos are most unwilling as they are already starved of space and cash. Also, the Wildlife Departments don’t have lock ups to house the arrested accused before being presented to the court and thus they have to turn to the Police for lock-up assistance which adds to the headache of the police stations as they get thrusted with the responsibility of ensuring that the accused doesn’t suffer health wise or die in their police custody

As Rajeev Jain, an animal activist associated with the Delhi chapter of NGO People for Animals shares below; there are many hurdles that prop up at different stages of a wildlife crime combating operation, mostly because the police and judges are not sensitized to animal welfare or aware of the laws and seriousness of the crime. “The judges in the district courts normally take pity on the bird sellers or a snake charmer we catch hold of in a city because they consider them to be poor people and thus give them the most meager punishment and accept their bail plea very easily. Lives of animals are not considered precious enough”, lamented Rajeev.

Also the Police authorities and wildlife officers are found wanting especially when it comes to handling, identifying and rehabilitating the live animals seized and it is here that the NGOs pitch in with their expertise. For example: NGOs pitch in with their knowledge of handling, health, habitat and feeding habits of the animals rescued along with providing temporary shade and shelter to the rescued animals. Often, many rescued animals die in the police station before being presented to the courts as the police officials are not provided with any budget to administer first aid or purchase the adequate feed/feeding bowls to help the stressed animals.

But all is not lost, gradually with growing awareness levels, the authorities are being increasingly and regularly forced to cooperate and extend support to individual activists and NGOs to nab wildlife criminals and it is up to individuals like you to acquaint yourself with the laws and the modus-operandi mentioned above so that you can assist as well as request the cooperation of enforcement authorities to take wildlife crime seriously. Only when more people take these issues up, will the authorities be on tender hooks and the government will be compelled to carry out the infrastructural and procedural improvements required to make the wildlife departments more effective and efficient.

Lastly, what is NOT Right?

Nilesh Bhanage of PAWS shares below his valuable insight on where exactly lies the problem with those people/NGO activists who consider themselves to be over and above the law and become overnight wildlife activists who go on to break every rule in the book in sheer exuberance, enthusiasm or most commonly for the sake of greed of money and media attention!

Most of the wildlife crime investigations in India happens out of heart & not with minds/ideas, careful planning or tricks and therein lies the only problem. Any animal lover starts posing as wildlife activist and starts doing  raids is clearly wrong. They will not do work in a stepwise manner and risk getting into trouble and that is one of the reasons wildlife crime conviction rates in India are so low.When anyone conducts raids, they must provide photos, video CDs,  veterinary treatment certificates, proofs, panchnama of seized material from criminals and even use supporting laws (i.e. using kids for wildlife trade is also punishable under child labor laws, using wildlife items for medicines comes under Food & Drug administration Act etc), so there are multiple factors that are involved.For Example: One girl posing animal activist goes to someone’s house & just pick-up their pet parakeet & squirrel which was hand-raised by someone. Then this girl goes & releases these animals and birds, confiscated by her back into wild, then in our eyes that girl herself is criminal under Indian Wildlife protection Act 1972 because she has flaunted the following following norms:

  1. Making illegal/unauthorised entry into someone’s private house
  2. Taking photos of gallery / bedroom
  3. Rescuing wildlife without prior intimation/information being conveyed to forest/wildlife department and also without their permission.
  4. Seizure of animals is also illegal as it can be done only by Police or Wildlife Department officials or honorary officers appointed by these two departments for this task.
  5. Abandoning wildlife anywhere (which was never exposed to wild area as it was kept as pets) to die in name of rehab
  6. Not doing any paper work for such seizure.
  7. Stealing someones property like cages.

Remember, if we want to help animals or our wildlife, it is important that we follow the rules, for our safety and also for the health of the animal.

Useful resources:

  1. Animal Laws of India http://unilawonline.com/animallaw/ReadContent.asp
  2. Indian Wildlife Crime Control Bureau: http://wccb.gov.in/
Posted in Against Animal Cruelty, Animal Laws of India, Animals, Be the Change, Information that empowers!, Take Action!, Videos on Animals

For reporting animal cruelty cases: How to approach the police for help?

What comprises Animal Cruelty?

Contacting the Police on the Phone:
In an emergency situation telephone your local police station or dial 100 (Central Police Control Room) Get your “Ticket number” if you have dialled 100. Get the name and designation of the police personnel if you have called your local police station. Note the date and time on both occasions. If you wish to remain anonymous you do not need to reveal your identity.

At the Police Station:
i) Approach the police (above the rank of constable) politely and briefly explain the situation.

ii) Request them to take action against the offender.

iii) If they state it is not their job to protect animals as there are far too many human problems, politely enlighten them about their role in the PCA Act, 1960 (quote the relevant sections). If in Delhi, do tell them about the Delhi Police Act, 1978 Chapter IX entitled “the Prevention of Cruelty to animal”.

iv) Refer to http://awbi.org/awbi-pdf/apl.pdf for a compendium/factsheet of Animal Protection laws for the guidance of Police, NGOs, Animal Welfare Activists and Officers.

v) Insist on their involvement and offer your help.

vi) Inform them that the injured or distressed animal shelter and not left at the police station. This will reassure them.

vii) File an FIR if necessary.

viii) Do the necessary follow up.

ix) Do praise him/her after his involvement, no matter how small.

HOW TO FILE AN F.I.R. (FIRST INFORMATION REPORT):

• FIRs are filed at your local police station when you wish to put down in record an incident which you wish to bring to the notice of your local police and at the same time seek their help in solving it. (eg. loss of wallet, train ticket, incident, or any other loss).

• Make out a detailed description of the lost animal/incident with a photograph/s (or any cruelty complaint). Address it: to the SHO (Station House Officer), of your area.

• To file an FIR, write the facts on a plain piece of paper which you yourself may prepare in duplicate, with the date, your name and address, details of the complaint and the people involved, if any.

• The officer on duty at the police station is responsible for making all the necessary entries.

• The copy of the FIR should be duly signed, stamped and dated (note the time as well) by the police station which you should keep safely.

• This is applicable not only to lost animals, but to any animal you have found (which might be lost), cruelty to animals, illegal activities with regard to animals eg. trade in wildlife-bird sellers, snake charmers, turtle traders; illegal slaughtering of animals and illegal slaughter houses; bird sellers; cruelty to animals in zoos; circuses, pets/petshops etc.

• The Prevention of Cruelty to Animals Act, 1960 under section 11 covers a large number of cruelties and offences on the basis of which you could file FIRs.

• Insist on filing an FIR. It is your right. It is important to note that the police usually discourage the complainant from registering a FIR in cases which are not so clear. This is because once the FIR is filed, it becomes the responsibility of the police to ensure a conviction.

• Do not lose the stamped copy (by the officers on duty) of the FIR and keep enquiring about the progress. This copy is the proof that the Police have received the information.

• Please don’t forget about the well-being of the animals, make sure that you also contact an Animal Welfare Organization/activists to ensure that they follow up on the health status, rehabilitation/release of the animals in case custody.

Please share  with us your experiences while dealing with the Police /lodging an F.I.R on animal cases, practical learnings end up being different than what we write here, so please be candid in your sharing for it may help someone at a later date when stuck in a similar situation. Thanks-Vasudha

Posted in Against Animal Cruelty, Animal Laws of India, Be the Change, Information that empowers!, Take Action!, Videos on Animals

‘Bali’ (Animal Sacrifice) in 21st Century India: The Law (Video)

Ready to be sacrificed!

This photo of a ‘young baby goat’ (referred to as a ‘kid’ in proper English language) tied to the side of a temple railing-waiting to be sacrificed was shared with us by Mr. Satish C. Gupta, an Agra resident.  It was clicked on his recent visit to Kamakhya Temple in  Guwahati, Assam.

He also shared with us another photograph clicked at this temple which shows the remnants of a recently sacrificed bird lying on the floor of this temple.

Kamakhya temple, Guwahati (Assam, India)

On the floor: Remnants of a bird sacrificed at this temple

It is strange that in a progressively developing country like India, the practice of sacrificing animals for religious reasons, in the hope that doing so will please the deities and grant a person’s wish! And we learn that Animal Sacrifice is legal in Bengal and Assam, that is why perhaps we see the shots like the ones above from Kamakhya Temple (located in Guwahati, Assam).

To learn more about the practice of Animal Sacrifices in India, their legal angle and what you can do to help stop it, please have a look at the video below.

But there are laws banning animal sacrifices in many states across India and also national laws, and the reason these laws are not being enforced is because the authorities are as ignorant of the laws as much as we are, so this puts all the more responsibility on us to inform people of the laws and inspire them to use them tactfully for the benefit of animals and also share these with the authorities and educate people alike to put an end to the archaic and cruel practice of ‘Animal Sacrifices’.

https://jaagrutiindia.files.wordpress.com/2010/06/copy-of-animal-sacrifices.avi: Save this link please to watch this video.

Below is the list of Indian states where Animal Sacrifice is ILLEGAL:

Tamil Nadu: Tamil Nadu Animals and Birds Sacrifices Prevention Act, 1950

Karnataka: Karnataka Animal Sacrifice Prohibition Act 1959

Gujarat:Gujarat Animals and Birds Sacrifice Prohibition Act, 1972

Andhra Pradesh: Andhra Pradesh Animals and Birds Sacrifices (Prohibition) Act, 1950

Kerala: The Kerala Animals and Birds Sacrifices Prohibition Act, 1968

Rajasthan: The Rajasthan Animals and Birds Sacrifice (Prohibition) Act,1975.

Pondicherry: The Pondicherry Animals and Birds Sacrifices Prohibition Act, 1965

….

If you would like to meet a few goats who got sacrificed during last Id celebrations in Delhi on 28th November 2009..scroll below

Posted in Animal Laws of India, Information that empowers!, Take Action!, Videos on Animals

India: Prevention of Cruelty to Animals Act 1960 (Also referred to as the PCA Act, 1960)

Click on the link below to download this PDF file to make yourself familiar with Animal Protection laws in India. Share this booklet with your neighbourhood Police Station too, its important we spread the word around on these largely unknown laws.

Click on this link that would lead you to a Dossier on animal protection laws for the guidance of police, HAWOs(Honorary Animal Welfare Officers), NGOs AND AWOs(Animal Welfare Organisations), that contains a compilation of Frequently Asked Questions answered thematically

Other useful resources are as follows:

Animals and the Law: A Powerpoint presentation by Advocate Ms. Aparna Rajagopal

The Indian PCA Act 1960: PDF File of The PCA – Prevention of Cruelty to Animals Act 1960, a central act.

 

Rules under Prevention of Cruelty to Animals Act 1960

 

Also, kindly consider watching the below video on Section 11 of the Indian Prevention of Cruelty to Animals Act 1960