Games people play

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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.”

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Coronavirus Crisis and lessons for us, as per India’s President Ram Nath Kovind

In coronavirus crisis, lessons for us, writes President Ram Nath Kovind – in The Hindustan Times, dated March 20, 2020

“Respect Nature

*Humankind’s craving to control nature and exploit all its resources for profit can be wiped out in a stroke by an organism we cannot even see with the naked eye.*

*Let us remind ourselves that our ancestors saw nature as our mother, and asked us to respect it. At some point in history, we forgot ancient wisdom. When pandemics and abnormal weather phenomena are becoming the norm, it is time to pause and wonder where we lost the way, and how we can still make a comeback.*

*Inter-dependency is also something we tend to overlook in normal times. In my speeches, I have often referred to the Sanskrit dictum, “Vasudhaiva Kutumbakam”, which means the whole world is but a family. Today, it turns out to be truer than ever before. We realise how deeply each one of us is connected with everybody else. We are as safe as we take care of safety of others, not only of human beings but also of plants and animals.*

“

Detailed article in below link. 👇

India news – Hindustan Times – https://www.hindustantimes.com/india-news/in-coronavirus-crisis-lessons-for-us-writes-president-ram-nath-kovind/story-2I0H2GtmOBIUOfOwUJf4JN.html

Please read.

Why is the ‘SDMC Pet Poop Fine Project’ legally incorrect?
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Why is the ‘SDMC Pet Poop Fine Project’ legally incorrect?

Below is the copy of the Legal Notice sent by a Delhi based Animal Welfare Activist Rishi Dev to the Concerned Office Bearers in the SDMC i.e. South Delhi Municipal Corporation.

It is to be noted that SDMC had advertised with a lot of media coverage their ‘intent’ to levy a fine of Rs.500 and ‘haul up’ every pet owner any time that they err and do not pick up the poop off their pet dog.

While we at JAAGRUTI strongly endorse ‘responsible pet ownership’ and do encourage pet owners to pick the poop up after their dog has done it and help keep the surroundings clean and do it ourselves as well, what these SDMC these office bearers should understand that in a country in-famous for open defecation, is that such a one-sided dictat has to be thought through before being ‘imposed’ lest it gets misused by the Municipality staff and RWA (Resident Welfare Association) office bearers to ‘harass’ pet owners and many street dog caretakers. In any case, with pet abandonment on a rise in big cities, such ill-thought out words coming out someone in as responsible a public position like a Mayor of the Corporation, will only instigate more people to abandon their pets.

Instead through awareness messages, SDMC should encourage environment-friendly messages on the relevance of picking up a pet dog’s poop, not using polythene bags, planting trees, relevance of Street Dog Animal Birth Control and Anti-Rabies Vaccination drives etc. What we as a Country and as Indians need is some sensitivity and compassion and Empathy drilled into our minds to encourage responsible citizenship rather than ill-thought of dictats that only offend some and appease some.

In Rishi’s own words, “The following legal notice was sent to the concerned officials. Also the MANY MANY letters that animal lovers wrote to SDMC Mayor had their effect. As of now SDMC cannot implement this law, in the absence of a proper legal procedure. Plus they have not replied to our legal notice and have not defended their stand. Thanks to all the genuine animal lovers who participated in this campaign. If SDMC still goes ahead with this without a legal procedure, then contempt proceedings will be initiated. If anyone comes to know that they are discreetly going ahead then kindly inform us.”

TAKE ACTION: South Delhi people can still keep writing letters to the SDMC Mayor whose address is in the Notice-remember to send your letters registered Via India Post. Keep the Receipt of the Post safe with you.

It is a very self-explanatory notice that touches upon a lot of issues and thus it is important every street dog caretaker as well as Pet owner reads it.

 

Choose your Pet Boarding WISELY
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Choose your Pet Boarding WISELY

*Guest Post by Ms.Madhu Goyal

Recently there have been several complaints about unethical practices at some dog boardings, of dogs being confined in unaoccupied broken-down buildings, dogs chained to gates and driveways in the hot sun without water and in their own excreta, dogs kept on rooftops with no shade from the summer sun, dogs being returned to pet parents covered in ticks and suffering from high/tick fever and other ailments, of pet parents being billed double the boarding rate agreed on, pets being held hostage, etc. This is not to say there aren’t any good boardings. Of course there are, run by genuine dog lovers. It is your job as a responsible pet parent to figure out which one is right for your dog, if for some unavoidable reason you are forced to use the services of one.

Here are some general guidelines to help you sort the good from the bad. The key is to use your common sense.

First, do some research, don’t go solely on recomendations, and question, question, question! If someone you know has had a good experience at a particular boarding, put that place at the top of your shortlist, but check it out personally anyway before you send your dog there.

Visit the boarding, preferably unannounced, don’t be fooled by the boarding’s self-promotion or the photos you’ve seen – photos can be doctored. If the boarding owner/owners object to the visit, you can be sure they have something to hide. Avoid that boarding.

Does the place smell bad? If it does, go home.

Is it scrupulously clean? If not, go home!

Are there other dog boarders that you can see? If not, then obviously it’s not a good place for your dog. If yes, check their condition. Are they clean, tick free, healthy? Do they look happy? Are the dogs chained? If yes, your dog will be chained too.

Are the dogs protected well from the elements/heat/cold? If not, Leave!

Other than the boarding owners, is there adequate, caring, clean, 24X7 support staff? If there is no other staff, it’s not a good sign.

Ask who will walk, exercise your dog, how many times and where. Check to see if the play/walk area is secure, clean and wholesome.

Do the dogs look scared in the presence of the boarding owners/staff? If they do, they are probably beaten into submission.

Is the place secure, with high boundary walls and gates that a dog cannot jump over?

Is there fresh, clean and plentiful drinking water available to the dogs? Some boardings give their wards very little water because dogs pee after they drink, and the boarding owners don’t want the bother of cleaning up the pee.

Inspect the living space. Is it clean, airy, well ventilated, cool in summer, warm in winter? Is there enough bedding? Is it clean and does it smell fresh?

Question the boarding owners about what, how often and how much their boarders are fed. If possible, inspect the refrigerators for cleanliness and freshness of the food. If there are no refrigerators, the dogs are most likely fed stale food.

Inspect food and water bowls for cleanliness.

Go through the contract, preferably with a lawyer. If it is one-sided and protects only the rights of the boarding owners and does not say anything about the rights of the pet and pet parents, don’t sign.

Make sure you have the boarding rates in writing so that there are no surprises later.

Ask which veterinary clinic is used if, God forbid, a dog falls ill while in the care of the boarding. It is your right to demand vet/path lab bills/receipts for all treatment given to the pet, and daily updates on his/her condition. Also, be sure to keep in constant touch with the vet regarding your dog’s condition and course of treatment.

If you are out of town, ask a friend or family member to occasionally visit your pet at the boarding to make sure all is well. If the boarding objects to this, strike it off your list.

A little forethought will save your dog a lot of pain and distress, and you a thousand regrets.

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The ‘illogical’ Indian – A post in memory of ‘Chintu’

Chintu

                        ‘Chintu’ – A photograph from his good old days!

 

Chintu, was a ‘Street turned Community Dog’, whom we knew since December 2004. He started living in a building staircase in the colony where I too stay ever since he was wrongly dropped off here post-Sterilization. He must be about a year old then.

A security guard in our colony, gave him that name, “Chintu”. Not one to bark unnecessarily or harm anyone, Chintu soon became popular with the residents of all 8 flats in that building. Someone gave him biscuits, someone milk, and some others gave him roti with milk. His days were spent sun-bathing, with his little tongue strutting out, eyes closed, be it winters or summers.

With the ever so loyal and vigilant ‘Chintu’ around, no robbery ever happened on that street or in the building he inhabited.

Chintu was a bit scared of us though, unlike other street dogs. His reasons were perhaps that we always had dogs from ‘our’ street walking beside us- who never left an opportunity to scare Chintu away!

Nonetheless, we tried to pet him when we could and also did our duty of getting Chintu both his vaccination shots every year ever since he became a resident community dog of our colony, as we do annually with other dogs living on the streets in our colony and neighbourhood areas.

Wonderful 10+ healthy years passed away for Chintu in that building of ‘his’.

As November 2015 approached, a resident of that building stopped us on our morning walk with our dog and said that ‘Chintu’ has been vomiting recently. Since Chintu gets scared seeing us and doesn’t eat from us either, we checked with our Vet and gave the 5 day oral medication to that gentleman- resident of that building to feed Chintu.

Chintu was better, so was the feedback we got. His vomiting had stopped.

As the winters set in, we placed a Jute bori for him on that building staircase and later a piece of blanket too.

Then one day in December 2015, a lady resident of that building ‘interrupted’ our morning walk with our dog, asking us to take Chintu away somewhere as his vomiting is ‘spreading infections’. When we told her that the best we can do is begin his treatment again and that taking him anywhere is not recommended as he is a sensitive dog, much attached to this staircase, which he considers his home, she started another story of how she cares for pigeons!

Anyways, we started his medications again.

That December night as we went to place another bori for him as the winter chill had increased, we noticed to our shock, a printed and pasted sheet on the wall, “instructing residents not to feed the dog as he vomits in the building and is making conditions unlivable and unhealthy”.

The next evening, 23rd December 2015, when I went and met the lady who had pasted this notice, who was a Doctor herself, we requested her to let the residents  continue feeding him. How can antibiotics work with an empty stomach, was our reasoning to her.

No food- No vomit was her illogical reasoning.

She was a doctor, after all, we hoped she would understand, but she kept shaking her head in disdain and said, “No, only milk for Chintu, he has anything solid he vomits and I will send him off somewhere”. We tried to tell her not to do this as Chintu is a very sensitive dog, he won’t be able to live one more day if dislocated from ‘his’ building. We even left our number with her. She nodded and took it and we saved her number in our phone too. When I offered her anti-emetic and anti-acidity tablets to give to Chintu in his food, she said, “I have them, don’t need any”.

The next evening 24th December 2015, as we came to get Chintu injected with antibiotics, we noticed the boris and blankets were missing. The lady doctor said ‘Chintu’ keeps shifting his bedding on his own! Really?

Allow us to share that this ‘lady doctor’ goes to the temple religiously every morning with her basket of flowers and other offerings to please the Lord.

As I left for a Training on 25th December 2015 night, we requested the ground floor resident of that building to continue feeding Chintu whatever they could and that I will take him to the Vet once I return. God only knows what fate befell Chintu in those 3 days that I was away. On 28th December 2015, we were alerted to Chintu being dragged down the stairs for being taken away to a hospital, whose ambulance this lady doctor had called. As my brother came and got Chintu out of the ambulance to lift him to our home, the damage was already done. Chintu’s back had been damaged, he was writhing in pain. It was only then the lady doctor had the cheek to call me, never before, she had made up her mind long back to get Chintu off that building of ‘hers’!

I returned back on 29th December morning and rushed Chintu to the Vet while getting his Chest and Abdomen X-rays done along the way and blood samples were given to for his Blood, Kidney and Liver tests.

The Chest X-ray revealed infection in his lungs-not surprised- the winter chill got to him because the so called residents of that building took all his boris and blankets away. His back bone was injured off the trauma and force exerted on him while being dragged down the stairs by those dog catchers in the animal ambulance. He was a step away from being paralysed, so said the Vet. His abdomen was completely empty – pointing out that he was ‘starved’ by the residents of those very building who fed him all these years till he was healthy.

We began his course of treatment at our trusted Vet’s clinic and then got him back home, Chintu’s painful cries never stopped. His vital organs were now also failing him.

His body was paralysed later that night. Chintu had had enough!

He passed away with all of my family around him at 5am on 30th December 2015 morning.

He had crossed over the Rainbow bridge and moved on to a place far away from all illogical Indians.

As we took him to the Crematorium that morning, we stopped by at that building once where Chintu had lived all his life, only to see his boris and food bowls thrown away in the garbage. The residents of that building were perhaps in a tearing hurry to clean up after Chintu was ‘forcefully’ removed by them.

We cremated him with sunrise that morning. We were very sad but glad that Chintu was now in peace, for we knew long back, from these 11 years of observing him, as to how much he loved ‘his’ home i.e. that building, that staircase where he spent all his life.

Old age is not a disease. You, me, every one, every creature who is born on this planet turns old. You would turn old and so would I. Health problems can affect anyone of us too. It doesn’t mean you shun the sick patient off in his old days or days of ill-health. It is in those days that they need your care and affection the most, be it a human, an animal or a bird.

For all the Illogical Indians and residents of that building whom Chintu innocently thought were his well-wishers, but rather they were just his fair-weather friends – we now have just one thing to say, Chintu died not because of being sick, he died of the trauma and starvation YOU ALL inflicted on him in those last few days of his. No amount of going to temples to worship daily will wash away this sin of yours away. Chintu, like all dogs, had a big heart. He may forgive you all, but we sincerely hope someone up above has taken note of all of yours illogical deeds.

A little empathy is all ‘Chintu’ needed and deserved, and he did not get any in his worst hour of need.

empathy-quotes-6

Rest in peace, Chintu.

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Newspaper must report an order of the Court as it stands, instead of creating sensation: HP HC | Live Law

The High Court of Himachal Pradesh has come down heavily on a newspaper, for indulging in repeated misquoting and misreporting of the orders.

Source: Newspaper must report an order of the Court as it stands, instead of creating sensation: HP HC | Live Law

As explained by Ms. Anjali Sharma, Advocate on her Facebook Page, “This is a very significant order passed by a Division Bench of the H.P. High Court at Shimla – holding that inaccurate (mis)reports of Court orders with a bid to ‘sensationalize’, are tantamount to criminal contempt of court. Contempt notice issued to the reporter, though actually, the editor should be charged with contempt too. .

This order is Significant, because of the slew of mis-reporting around the 18th November order passed in the stray dogs cases by the Supreme Court.

It would be a good idea for anybody witnessing misreporting in cases involving animals to immediately write to the reporter & the editor of the newspaper, & cite this judgment. Because of course, contempt of court will pack a stronger punch than even a complaint under the Press Council Act, which unfortunately provides for fairly tepid consequences.”

 

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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 rulings – https://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

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The law on pet owners in apartments

The Hindu published the following article on the laws pet owners have to keep animals in their houses

With apartment complexes becoming the norm, it becomes important for pet owners to understand their rights and responsibilities, for the welfare of their pets and their neighbours. Residents sometimes find a letter taped to the notice board (on behalf of the Apartment Association) that says that pets are banned and that owners must either vacate or abandon their pets.

“This is tantamount to harassment, and utterly unlawful,”says Anjali Sharma, Advocate, practising at the Delhi High Court and Supreme Court of India, who is an Executive Committee Member of, and Legal Advisor to the Animal Welfare Board of India. “Apartment owners’ associations and residents’ welfare associations cannot ‘legislate’. They cannot take it upon themselves to issue ‘edicts’ and restrict rights available to citizens. There is no law enacted by Parliament or any State Legislature that ‘bans’ companion animals. At best, municipalities and local authorities can regulate, or insist on registration or licensing of pets. These high handed circulars and letters suddenly taped to notice boards are therefore illegal. By pressurizing people to abandon their pets in this manner, they actually compel them to violate the law, since Section 11 of the Prevention of Cruelty to Animals Act, 1960, declares the same as being an offence.”

She notes that consumer courts at Mumbai have at least on two occasions upheld the rights of residents faced with similar harassment, and observed that in the present times, pets are akin to children. Denying pet-owners the right to use elevators or common areas with their pets has been held to be deficiency in service on the part of these associations. She therefore urges pet-owners to stand by their companion animals in the face of such harassment, and refuse to ‘give them up’, or abandon them.

These rights, however, do come with duties. Pet-owners must earn the goodwill of neighbours by keeping their dogs on leash while in common areas and cleaning up after them if they soil the place. Sharma tells pet owners that being considerate is a must, and a basic courtesy. “Be reasonable”, is her simple, yet powerful advice to pet owners. “Exercise care. Ensure that their vaccinations are always up to date. And always walk your dog with a leash”. She signs off with the advice that being a responsible pet parent is important to ensure harmony in community living.

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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.

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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.

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Pets and Resident Welfare Associations (RWA): How does the law treat your pet?

Everyday, we receive many queries and calls over the Jaagruti helpline complaining about how their Residential Society’s Welfare Associations (commonly abbreviated as RWA’s) putting up notices ‘banning pets’, coming out with ‘no pets allowed’ clauses in their society bye-laws, ‘asking people to abandon their pets’, ‘mistreating street dogs’ etc. The article below by Rishi Dev of Citizens for Animal Rights, is a must-read for all those facing such a situation. This article explains as well as empowers you with information to fight your own respective battles in this regard for your sake and for your pet child..who has no one other than you in this world to fight for him/her or their rights.

Guest Post* by Rishi Dev, Citizens for Animal Rights

In 2010, the Central Mumbai Consumer Disputes Redressal Forum gave a strong directive to a group housing society who was charging a pet owner resident monthly fees for using lifts. The court clearly said – “Dogs are part of a family hence they have the right to use the lift just as any other member, and we cannot decide who is a family member and who isn’t, each family decides for itself.”

Before this in 2008 a similar order came from a lower court that clarified that pets are part of family and cannot be restricted from living or using the residential complexes.

In 2012, the Gurgaon Municipal Corporation was the first of their kind to issue strict notices to all CGHS and RWAs in Gurgaon, warning them not to formulate rules and regulations against pets and that any such move is in conflict with the law. The notices clearly stated – “Such a move may lead to dissolution of the RWA and prosecution of its office bearers, says the letter. 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 neighbors who feed animals.”

So what is origin of these laws protecting dogs and cats from humans who treat them unequal?

The system of law in Indian is a tiered system, based on Arthashastra from 400 B.C. & Manusmriti from 100 A.D. wherein the central philosophy was tolerance & pluralism. This is the reason the constitution declares India to be a sovereign socialist secular democratic republic, assuring its citizens justice, equality, and liberty.

The hierarchical system of Indian constitution thus forbids the lower hierarchies to overrule or override the higher orders, laws, directions or acts. This means that if Supreme Court says ‘yes’ to something, the ‘no’ by the high courts’ gets automatically nullified. This hierarchy comes down to the lowest local urban body or court. In India most courts have already ruled in favor of the animals in all respects. Hence any organization, individual or body ruling or following actions against such orders are automatically breaking the law and in contempt of the constitution and the honorable courts.

There are laws and constitutional provisions directly allowing people to take care of animals, whether inside or outside their places of work or living. The laws clearly protect people and their animals from all kinds of discrimination.  The Indian constitution states them very clearly via various sections. Article 48-A – “The State shall endeavor to protect & improve the environment and to safeguard the forests and wildlife of the country.” Article 51-A deals with the fundamental duties of the citizen.  Article 51-A(g) states – ” It shall be duty of every citizen of India to protect & improve the natural environment including forests, lakes, rivers and wildlife and to have compassion for living creatures.” Article 19 deals with the fundamental rights of the citizen. So “Right to Protect the Environment ” comes within Article 19. After the Stockholm Declaration in 1972 the Indian Constitution (Forty-second Amendment) Act, 1976 inserted for the first time specific provisions to protect & improve the environment. I.P.C. Section 428 and 429 provides severe punishment to people resorting to dislocation, abduction and acts of cruelty towards community animals or pets. Ministry of Public Grievances notification and a similar notification by Animal Welfare Board of India dated March 2008, provide immunity to animal feeders and restrict government employees or bodies such as Resident Welfare Associations from harassing people who try to feed or help animals. Article 25, 26, 27, 28 provides religious freedom to all citizens and preserves the principle of secularism in India. According to the constitution, all religions are equal before the State. Citizens are free to preach, practice and propagate any religion of their choice in their own way. Keeping or feeding animals is a part of the same right. The other acts which protect animals are The  Environment (Protection)  Act – 1986 & Wildlife (Protection) Act 1972.

Hence, anyone taking care, keeping pets or street animals has natural immunity in the law. There are many orders pertaining to street animals by many courts. But in the recent times many RWAs have shown their autocracy over residents keeping pets. Keeping the same in mind the Animal Welfare Board of India and many municipal corporations have time and again written to the Registrar of Societies (ROS) and their RWAs to refrain from these undemocratic actions.

An RWA is a private, representative body which has no legal sanctity. It is just a group of people who have come together and formed a club. Their resolutions and bye laws are not legal mandates and especially if they violate the fundamental rights of a citizen or even more goes against an existing court order. Such RWAs can be legally prosecuted and if need be can face fines or imprisonment or both. Such precedence has been set before. If any resident faces such harassment from RWAs, must immediately approach the local magistrate and file a complaint of harassment and violation of their fundamental rights. The complaint must also be sent to ROS asking them to dissolve the RWA with immediate effect. AWBI must also be approached for taking appropriate legal action against such RWA members.

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

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

How to do this yourself?

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

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

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

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

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

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

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

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

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

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

A) Under the Government of India Animal Birth Control rules 2001 , no sterilized dogs can be relocated  from their area. Under 5 High Court orders , sterilized dogs have to be in their original areas. Even if the dog is not sterilized , the Society can simply ask an animal welfare organization to sterilize and vaccinate the dog. They cannot relocate him. Relocation is not permissible as it would cause more problems such as increase of dog bites as dogs are territorial by nature and fight to retain their areas keeping out other dogs.
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If you’re different from the crowd, be proud of it

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

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

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

“Against the Current”

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 

About the author – Dr. Charles Patterson:

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

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

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

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

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

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

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

By Aditya Dev, TNN, 6th Nov 2012

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

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

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

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

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

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

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Residential Societies can’t ban people from having Pet Animals

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

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

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

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

Housing societies can’t prohibit pets, say legal eagles

By Journalist named Swati Deshpande

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

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

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

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

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“Dogs never bite me. Just humans.”

Beena Mohapatra, a domestic maid from Kolkata  feeds 35 dogs in her locality. We are glad to come across a story with striking similarity. This picture was making rounds across a lot of groups and Facebook’s Animals – Facts and Anecdotes thought of putting up this story, which we are sharing here…

Our planet can still be considered as an average place to live. All credit goes to the Almighty who handpicked a few messengers to service mankind and other neglected species. One such messengers exist in the city of, Calcutta.

No matter how strange it may sound but some of the richest people on earth who are gifted with almost everything do not have the heart to feed a starving animal outside their house. If you think the act of this street urchin is a real act of humanity, share this story with the world.

She is a street urchin, but gifted with a heart of gold. She hasn’t got any clue what tomorrow has in store for her, yet she is brave enough to make the most out of today. She is a happy-go-lucky soul and this little puppy is like a son to her. Both of them are just inseparable and this picture literally translates the very thoughtful quote of the Marilyn Monroe who once said, “Dogs never bite me. Just humans.”

Beena Mohapatra, aged 55 years is a domestic maid by profession. Out of her meagre income she feeds 35 dogs with 2 full meals in a day. Her dedication towards the strays is evident from the fact that she carries 4 buckets of fish, starch & leftovers from nearby market areas and then takes the effort of cooking them for the stray animals. This is not just a display of tremendous hard work, but also a green concept where nothing in the environment is allowed to go waste. A bunch of animal lovers in the area support her cause by occasionally providing her with rice, medicines and other necessities. But her struggle continues every single day with residents who don’t like her feeding the stray dogs and create some problem or the other. It’s the grit and determination of this poor lady which has kept her going all this while. Affectionately called as ‘Beena Mashi’ by her supporters, she holds a fair amount of knowledge about veterinary medicines that she would need to handle a canine emergency. Given the choice of living with any one of her 2 sons – a farmer and driver respectively, Beena Mashi has chosen to live in her ramshackle house just to serve the mute animals of her lane.
What would you call such a person – angel, god sent messenger or an evangelist? Any adjectives used to define her persona will be an understatement. Salutations to this greater being. Long live Beena Mohapatra, may God always be there by your side. Share this story to tell the world that our planet is still a better place

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Educating emotions

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Obviously, people like him don’t need lessons in empathy. They know that we benefit from contact with animals and the natural world as much as animals/ birds benefit from our caring. But perhaps, till the great revolution in empathy arrives, we can make a small start: persuade ourselves to put out a bowl of water for thirsty animals and birds in this awful weather.
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“Feeding stray dogs is not a crime”: Mumbai Court clears duo arrested, humiliated for feeding dogs

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

Court clears duo arrested, humiliated for feeding dogs

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

~~

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

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

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

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

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

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

Hasmukh: Day 1 in the park we kept him in

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

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

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

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

Hasmukh began sitting attentively whole day long

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

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

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

Hasmukh's bedsole

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

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

Hasmukh comes home

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

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

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

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

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

Rest in peace dear Hasmukh.

Rest in Peace dear Hasmukh

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

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

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

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

Please drive safely.

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यह गली के कुत्ते ….

By आशीष पांडे

Courtesy: Navbharat Times Monday March 14, 2011

एक शख्स ने पेपर में छपने के लिए शिकायत भेजी कि हमारे मोहल्ले में कई आवारा कुत्ते हैं। जब देखो भौंकते हुए पीछे पड़ जाते हैं, सड़क पर आराम से चलने भी नहीं देते। मौका मिले तो काट भी लेते हैं। उन्होंने इस बात पर अफसोस भी जताया कि हमारे कानून ऐसे हैं कि आवारा कुत्तों को मारा नहीं जा सकता।

एमसीडी (दिल्ली नगर निगम) वाले मरे मन से उन्हें पकड़ते हैं लेकिन जल्द ही छोड़ना पड़ता है। बाहर निकलकर वह अपनी तादाद फिर बढ़ा लेते हैं। इनकी समस्या इतनी बेकाबू हो गई है कि इंसानों का घर से बाहर निकलना भी मुश्किल हो गया है।

बहुत ही जेनुइन प्रॉब्लम है। कुछ वैसी ही जैसी हमारे दफ्तर में काम करने वाली, हमारे मोहल्लों में रहने वाली और हमारे कॉलेजों में पढ़ने वाली लड़कियां, औरतें और बुजुर्ग महिलाएं रोज झेलती हैं।

फर्क बस इतना है कि आवारा कुत्तों की जगह हमारे समाज के मर्द ले लेते हैं। जो जब देखो फब्तियां कसते हुए पीछे पड़ जाते हैं, सड़क पर तसल्ली से चलने भी नहीं देते। मौका मिले तो रेप करने या मर्डर करने तक से नहीं चूकते। अफसोस ऐसे लोगों के खिलाफ हमारे पास मौत की सजा का कानून नहीं है।

जो मजबूरी कुत्तों को पकड़ने में एमसीडी की है, कुछ वैसी ही मजबूरी दिल्ली पुलिस की भी है। मरे मन से पकड़ तो लेते हैं लेकिन जल्द छोड़ना पड़ता है। समस्या इतनी बेकाबू हो गई है कि लड़कियों और औरतों का इस दिल्ली में घर से निकलना मुश्किल हो रहा है।

बहरहाल, कुत्तों से परेशान मर्दों का सुझाव है कि इसका एक ही इलाज है, सभी आवारा कुत्तों को मार दिया जाए। न रहेंगे कुत्ते न रहेगी समस्या। भले ही एकाध कुत्ते ही इतने खतरनाक हों जो काटने को आते हों, लेकिन वे मानते हैं कि सभी को मार देने से यह समस्या खत्म हो जाएगी।

उनकी इस सोच के आधार पर मर्दों से परेशान औरतें क्या सोचती हैं, वह बताने की जरूरत है क्या….

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Kite flying…and birds dying: Understanding the connect + bird helplines in Mumbai, Baroda and Delhi

Credits: This article has been posted here thanks to the information circulated by Charu Shah through the Facebook Group ‘Awareness on  Kite Flying’, Neha Patel (from Baroda, Gujarat), Nilesh Bhanage (from PAWS Mumbai), Fauna Police (at Delhi) , Wildlife Rescue (at Delhi)

Every year, the festival of Makar Sankranti (falling this year on 14th January 2011) is celebrated with a lot of joy and cheer, but hardly few people know that this joy causes death to many innocent birds.

People use manja/kite string made of glass, so that the kites they fly don’t get cut easily and fly higher, but what they don’t realise is that the same threads responsible for killing a lot of birds every year while crippling others for life.
This glass manja (glass powder treated string or also called Chinese string/manja)gets entangled in the trees and cause death not only on that particular day, but for months after that.
The legs or wings of the birds that sit on those trees, have nests therein or fly past its branches get entangled in this manja, and stay there, sometimes hanging upside down for days …on end, bleeding, and dying a slow miserable death.The most common bird to fall prey to kite flying in the city of Delhi is ironically a raptor bird, known as Kite (to learn more about this, read this article till the end). 

Apart from regular birds like sparrows, pigeons, crows, some exotic birds, who have migrated from far off places across the world, also get entangled in the web of glass manjas and loose their lives.

Not to mention here that many humans also get their throats and fingers slit because of these manjas hanging lose all over the place.
So if possible, please celebrate the festival spreading cheer and not death! 

(Design Courtesy: Fauna POLICE)

Attached below are come contact numbers for bird rescue in Mumbai (Maharashtra) and Baroda (Gujarat).

All these numbers have been verified by Ahimsa in malad and by Charu Shah, so please forward this piece of information to all your contacts, and please try to save a life this year!

Please note that some of these people listed below may not have an ambulance service to come and take the injured bird, but YOU CAN (and should) definitely take an injured bird you spot to either of these people and request them to administer it medical treatment and take care of the bird until it is fit to fly again.

For injured birds in MUMBAI, please contact–
•Mr Jain (Borivali- takes care of injured birds,no pick up)- 28063705
Hiren Shah (Malad)- 9820271492
Ahimsa (Kandivali)- 288804195/ 9833962399
•D.K. (Malad/ Kandivali East)- 9820948506
•Jayesh (Malad/ Kandivali West)- 9702440194
•Rajesh Doshi (Goregaon/ Jogeshwari)- 9892465888
•Karuna (Parle)- 65151313/ 65141313/ 9819100100
•Manish Vora (Parle East)- 9819142001
•Nimit Vora (Parle East)- 9819133735
•Vimal Shah (Parle East)- 9821303057
•Sureshbhai (Parle West)- 26127035
•Sunil Shah (Santacruz/ Parle/ Andheri East)- 9821588894
•SPCA (Parel)- 24137518/ 24133598/ 24135285
•Manav Mandir (Worli Naka to Colaba)- 23080319
•WSD (Cuffe Parade to Mahim/ Sion)- 64222838
•Vardhaman Sanskar Dham (Ghatkopar/ Powai/ Vashi)- 65252573
•PAWS (Dombivali)- 25820571/ 9820161114/ 9869376238
•Thane SPCA (Thane)- 9322271966/ 32612344
•IDA (Deonar)- 32681418/ 9320056581
(Vashi)- 32681419 /9320056585
•Fire brigade- 101

More bird helpline numbers shared by Nilesh  Bhanage from PAWS–
PAWS Helpline – 9820161114 / 9920777536
Thane – Avinash Bhagat – 9892061899
Dombivli – Nilesh Bhanage – 9820161114
Kalyan – Samir Nevgi – 9930232710
Ulhasnagar – Neetu John – 8080208363

Bird Helpline Numbers in Vadodara (Gujarat) : 9377666964 , 9898693659 , 9925058137 , 9904716996

Why do so many Raptors get injured in Delhi because of kite strings?

 

Poster Courtesy: PAWS

 

 

 Delhi is one of the largest  producers of meat, as a result of which large amount of meat scrap gets dumped across various corners of the city in illegal slaughterhouses spread across the city. The extinction of Vultures acted as a boon for Black kites (Milvus migrans) and gradually, there was a rapid rise seen in the population of Black Kites.

In India, people love to fly paper kites with the help of sharp glass coated strings/Glass Manja. This string acts like a ‘naked sword’ in sky and generally cuts everything  which comes in its way whether it’s a bird or any human being. There have been many cases in which this ‘Manja’ has killed many human beings with fatal wounds on their throat.


We request you to kindly consider giving up kite flying or if you still love flying kites, fly them using a coton string, referred to as ‘saddi’  in Hindi .

For the glass string that gets tied on poles, tree branches also acts as an inevitable injury and death trap for birds of all species as they get entangled in them.

Once caught in these glass manjas, these birds are find it extremely difficult to break free and in the effort that they make to free themselves from these mesh of strings, they end up damaging their wings and other body parts, like damaging their toes.

If ever you spot an injured bird of prey like Kites, Eagles or any other non-vegetarian birds, please dial the following Helpline Numbers in Delhi – 9810029698, 9810129698,

—For all other kind of birds, like Crows, Pigeons, Owls etc.,contact : 9810639698, 986855222, 9212111116

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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.

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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.

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Abandoning one’s pet: Could there be a crime bigger than that?

Such scenes are an everday occurence all around many cities across the world.

People buy pets, some even pamper them BUT then dump them on the road, at a city shelter in their old age-at an age when they need them the most.

Next time you see someone abandoning them, try telling them: “FOR YOU HE IS A DOG, BUT FOR THAT DOG YOU ARE EVERYTHING”. If nothing else, at least you could try and guilt such people into shame for there could be nothing more inhuman than that act of abandoning one’s best friend.

Never abandon your pets! (Courtesy: http://blog.thewaterdish.com.sg)

Instead of heartlessly abandoning one’s pet at a ripe old age at a city shelter, we would rather advocate that you have a heart and put your pet to sleep, atleast that would save that speechless animal a life of agony and stress at the thought of having been separated from those he considered his very own family for all the years that he has lived thus far

The words below penned by Meera Ahmad speak on the agony of  a pet being abandoned, being dumped at a city shelter by its heartless owners.

Just visualize the people come in their car, the dog feels he is going for just another car ride….they take him out on the road, he thinks it is just another lovely walk, the dog trots excitedly beside them like he has done all these years looking up to them as his guardians…

Unknowing to their unsuspecting dog, they look for a place to dump him, soon they find one, the kid feels weird being tied at a strange lonely unfamiliar road….whines and tugs hard….his eyes turn large with an unknown fear, ears drop still his tail wags beacuse he can still see the people he loves….till they walk away, like a streak they speed away…not looking back even once…the kid starts yelping barking like mad, tugging at the leash for his dear life so hard that it strangles his neck, till he drops limply as if he was dead….had he got free he would have raced to catch them up trying to overtake the car it would have run and run, till it would have stumbled sore and spent…now it lies limply in the dust…

Will you do this to someone you really love?

What is more disturbing is that if they could do this to their dog after having him for ten odd years God only knows how they would have kept him in those years…for I am mighty sure of one thing that they couldn’t have loved him as a dog deserves to be leave alone thinking of him as their family member or kid.

It is as ghastly as dumping your old parents in a old age home. Stll that dog of theirs would never stop loving them..never give up on them or let go…he will keep waiting for them till his last breath..everytime he hears a car in the shelter he will think they have come for him..just like the parents in the old age homes…the widowed mothers packed off on trains to holy places like Vrindavan until they breath their last.

Remember,  what goes around comes around, so don’t do onto others what you don’t wish others to do to you!

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Animal ‘abuse’

How many times do people amongst us take names of an animal or refer to one in the abusive/bad language they utter (mostly without thinking) in one’s frequent bouts of anger?

These bad words could be in English or Hindi..Wondering what are we referring to here, think about these ‘ullu ka patha‘ (son of an owl) ‘kutte kamine‘, (rascal dog)  ‘suyar ki aulad‘ (child of a pig) or  English phrases like ‘looking sheepish‘ or ‘Quit horsing around!’

Ponder a second, do these words or phrases even mean anything?

Like us even Farhan Akhtar, the multitasking young bollywood director-actor-singer finds such bad-phrase- referrals to animals in our language meaningless.

For more on his take, read on:

Such an animal!

By Farhan Akhtar in HT City on 7th March, 2010

I wonder what animals ever did to the human race for us to have treated them in this manner. I refer here to the use, or rather, misuse of the species in the English language. I list here the top five violations to highlight my cause.

What does it mean when one says, ‘That guy really gets my goat!”? For years, I have heard about this fictional kid- napping from people who own as many goats as the acres of land I own on Saturn. So are we to assume that all of us own imaginary goats that get taken from us by annoying people? If you answered yes, I advise you consult the nearest shrink.

Another one, “No point in looking sheepish.” Now that’s a racial slur, if I ever heard one. Is it the sheep’s fault? And how can a person look like a sheep?
I ask this regardless of circum- stances!! Do we suddenly sprout wool when we feel guilty? Do we start eating leaves? Then why? The gentle creature is so fed up with this misrepresentation of its personality, that it now treats us with contempt….. Bah!!!

How about “Don’t trust him! He’s a snake!!” Now either the commenter has watched too many films about Ichhaadhaari Naag or then the commentee (to coin a word) slithers in and out of people’s homes and lives on a tree or in the ground! And what’s not to trust about a snake? Don’t mess with it, it leaves you alone. Mess with it and it will most likely kill you. Uncomplicated, if you ask me.

While on this, I must state that more people die annually of mosquito bites than snake bites but would it fill your heart with dread if someone warned you “Keep you eyes on that one… he’s a mosquito!!”?

“You’re being such a dog!! (male or female). This one really confuses me because we’ve been taught that dogs are loyal and friendly. We’ve read true stories about brave canines rescuing their masters from the jaws of death. Then why this complete reversal in the meaning? The only answer can be jealousy. An experiment conducted by someone who owned imaginary goats, revealed that when a dog and its master are in residence and guests come over, the dog gets approximately 75% of their attention. I hope you didn’t buy that theory because it wasn’t for sale. Like I said, this one really confuses me.

And finally my favorite. “Quit horsing around!” This is an old one though. Gone are the days when people wore saddles and took part in dressage. In the modern era, horsing around is described as ‘indulging in frivolous activity’. Do you suppose when a horse sees a person swinging a stick at a circular object, he thinks it frivolous and does not realize the importance of cricket as a national obsession! Goes to show how one species’ passion could be another’s frivolity.

I end this column on a hopeful note. I feel even now, people can restore faith in the hearts of the very creatures they’ve maligned over the years. The reason i know this is because we created a loophole in the same language….It’s human to make a mistake.

Now if we could only get those animals to start reading…

(Courtesy: htcity.desimartini.com)

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Sultanpur Lake: Wetland turns Graveyard…but does anybody care?

Image Courtesy for the photos  on this post: CNN IBN and Hindustan Times dated 16th June 2010

For video link to a story that illustrates how official neglect and government’s apathy has destroyed this river body and killed many an animals, birds and fishes  in Sultanpur National Park, please click here.

The Sultanpur National Park, situated in Indian state of Haryana may be India’s smallest National Park but it’s a haven for migratory birds in Haryana.

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Set up by late Indian Prime Minister – Indira Gandhi in 1971 Sultanpur National Park is today dying a slow death.

There is no water in the wetland and dying fish and carcasses dot the sanctuary.

Sultanpur Lake: Then and Now..

Can only a trial by Media save it?

More news reports on this subject can be accessed at the links below:

1. Sultanpur lake: Liquidated!

2. Sultanpur Lake is becoming a dry bed

3. Dry lake blessing in disguise, say wildlife officials

4. Save Sultanpur park, Jairam tells Hooda

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Why Politicians in India spend crores on their election campaigns?

Conservative estimates say that a politician spends about 5 crore Indian Rupees in an election campaign to become an MP (Member of Parliament in India, here’s why…..

It PAYS to be a POLITICIAN in India! (Image courtesy: http://www.jsrschools.com/index.php/2009/12/23262/)

The following statistics give us the answer:

Salary & Govt. Concession for a Member of Parliament (MP)Monthly Salary :

  • Rs. 12,000 : Expenses for Constitution per month
  • Rs 10,000 : Office expenditure per month
  • Rs. 14,000 : Traveling concession (Rs. 8 per km)
  • Rs. 48,000 ( eg. For a visit from Kerala to Delhi & return: 6000 km)
  • Rs. 500/day : Daily DA/TA during parliament meets
  • Charges for 1st class (A/C) in train:Free (For any number of times)(All over India )
  • Charges for Business Class in flights : Free for 40 trips / year (With wife or P.A.)
  • Rent for MP hostel at Delhi : Free
  • Electricity costs at home : Free up to 50,000 units
  • Local phone call charge : Free up to 1,70,000 calls.
  • TOTAL expenses for an MP [having no qualification] per year : Rs. 32,00,000 [i.e . 2.66 lakhs/month]
  • TOTAL expenses for 5 years :1,60,00,000 RsFor 534 MPs, the expenses for 5 years :8,54,40,00,000 (nearly 855 crores)

Now we know, why so many people yearn to be politicians and MP for it PAYS to be a Government SERVANT in India!!

(Note on Credits:  Learnt about this through comments posted by Siddhartha Misra and Ramesh Menon on Harvijay Singh Bahia‘s post on Facebook, thus sharing, because such statistics are worth sharing with the whole world)