Animal Cruelty

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Discourage snake charmers!

Snake Charmers know very well how to make money by exploiting belief. It’s upto us to rid ourselves of superstitions and pity!

The traumatic life of a Snake held captive!

They don’t drink milk naturally rather they are forced ro drink it by keeping them deprived of water and thirsty, for being reptiles, they only want water

Fangs and teeth are broken resulting in an infected mouth. The infection soon spreads to the other parts of the body

Milk is usually vomited out as Snakes can’t digest it

Stitched mouth

Cobras are caught several weeks before the festival of Nagpanchami or generally for street entertainment or by Sages/Sadhus who roam around in saffron robes, conning pilgrims and innocent people!

The mouths of these Cobras are stitched, fangs and teeth are broken, they are locked up in dark, unhygenic baskets for several days, they are offered no food or water, haldi, kumkum and other irritants are sprinkled on them, forced to drink fluids (milk) that they can not digest (they vomit it out!), they are roughed up and tortured to show their hoods at each and every devotee’s house.

How much more can these reptiles handle? They really can’t and suffer a slow, agonizing death.

Take action – if you spot a snake charmer, firstly never pay & encourage them, inform the local Forest Department, NGOs working for snakes/wildlife conservation and even the nearest Police Station.

Spread this message to as many as possible and let’s save these reptiles together.

Photos used in this Article are kind courtesy of “Friends of Snakes Society“

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

DSPCA Letter 5th March 2015


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

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

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

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

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


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

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

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

SC stands up for animal rights, bans Jallikattu
The Supreme Court of India in a landmark and historic judgement passed in the morning of 7th May 2014 has favoured constitutional status for rights of animals like citizens and banned the use (and abuse) of Bulls and Bullocks in Jallikattu, Bullock Cart Racing and all in other ‘sports and entertainment’ based events and/or festivities.
THE COMPLETE SUPREME COURT JUDGEMENT ON JALLIKATTU DATED  7th MAY 2014 CAN BE ACCESSED BY CLICKING HERE

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

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


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

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

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

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

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

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

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

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

The court also gave the following directions: 

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

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

For those readers of ‘Jaagruti’, who don’t understand what ‘Jallikattu’ is and why the Supreme Court Order on this sport to be banned should be welcomed, please watch this video
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My Pain of being an abandoned dog!

This article is from us, we are the ones who are either living on the roads or in an Animal Shelter. We are those canine babies, who have been abandoned by one of you. You have taken advantage of us being ‘voiceless’. If we were able to speak, we could define or explain our pain. There are so many of us, but here is me. Hello my name is Nandini, this name was given to me by the staff at the Animal Shelter. I am going to tell my story, which is not a story but the bitter reality of my life.

My owner brought me to his house when I was just one month old. I used to feed on my mother’s milk, I should have been left with my mom till the time I was 45-50 days old, but this owner of mine was in a hurry to take me to his house, so he gave money to the breeder and bought me for Rs. 5000.

Now I was in his home, I used to cry because I missed my mom’s love, care and warmth but, they thought that I was hungry and offered me packed milk. I took that because I was hungry, but my body didn’t accept it and I became sick. The vet advised them to give me formulated powdered milk for small babies, they didn’t.

By now, I had forgotten the taste of my mother’s milk and had unconditionally accepted all of them as my family. My owner’s 7 years old son used to play with me a lot. As I was very young, I used to sleep most of the time, he used to come and wake me up to play, but I never got angry with him, because he was my friend and I was committed to live with them till my last breath.

His son and I, both were growing-up. I loved them as much as I can. When they used to go out for work or for roaming around, I waited for them at home. When they used to come back, I always pleased them, hugged them, and kissed them as if we are meeting after a long time. But slowly and slowly I realized as I turned 3 years old that the entire family had started losing interest in me. They rarely came to play with me and the duty of feeding me and taking me for my walks was also given to the servant. Most of the time the servant forgot to feed me or gave me the wrong diet, at the wrong time, but none at home cared. I still never complained and gave my loyal, pure love to all. But, I missed playing with them, walking with them, their touch of love, had I lost my charm in their eyes, I wondered!

Due to lack of proper care and good diets and walks, I became sick and developed skin eczema.  I started losing my hair, but then, instead of taking the vet’s advice or taking me to a vet’s clinic, they started ignoring me all the more and then, they all decided to leave me in a shelter. I overheard them saying that, “she will get everything that she needs, i.e. food, medicine, shelter etc. over there, i.e. in the Animal Shelter. For these people, the definition of everything is different; I am a living being and a social one at that, along with food and medicines, I also need love, care, a family and a home where I could feel safe.

I wondered what my fault was. I never made them suffer or leave them alone when they were suffering, feeling bad or when they were feeling lonely…I used to sit with  them, hear them out and did all I could to make them comfortable and make them smile all over again. But now, when I needed their love and some medical care, they dumped me!

The day I reached the Animal Shelter, I overheard the screams and cries of other dogs, many were weeping…I became scared, but with my family around me, I was confident that nothing bad will happen to me, may be they had got me here to get my skin infection treated and we will leave from there in a short while and go back home.

But that was not to be. I soon realized much to my distress that they were leaving me behind here. They handed my leash to one of the staffers at the Shelter, gave them some money and started walking away. I was confused, I was scared…I started barking, jumping and calling out to them, so that they would hear me, come back and take me with them. I was confused as to how can they forget me here…My family, my world was moving away from me, it was the end of everything for me. They started the car and went away…I was left behind ALONE, ABANDONED, CRYING…me the voiceless became even more voiceless. My tears couldn’t stop, my heart pained with sorrow. But there was no one who could understand my grief.

For that day, I was kept in a small cage, because the other dogs in the shelter were not ready to accept me and be friends with me so soon. The staff at the shelter offered me food but I didn’t take that. That night I spent with tear in my eyes and fear in my heart. The whole night I cried and was praying that somehow I will meet my owners again. The eczema problem was not in my hand, so why did they punish me for it, I continued to wonder. That night finished, the next morning I woke up and I was continuously staring at the door of the shelter that my owner will realize his fault, will miss me too and will come back to take me back to home. The day passed by waiting for my owner. Whenever I listened to a car horn, I raised my ears to listen to their voice but they didn’t come. That day I also didn’t take food, I was crying. Suddenly, I noticed the presence of other dogs around me; they told me that they all have stories similar to mine. Some were left behind because their owners had their jobs transferred to other cities, some were dumped because they had tumours or other health issues, some were thrown away here because they had behavioral problems (which could have been worked upon and corrected for good), some were left because the owner’s wife was now pregnant and some were even left here, because they didn’t grow up looking the way their owner expected them to…and a million more senseless reasons one could think of. We all shared our pain with each other and they made me realize that I am losing my health by staying hungry and waiting for such heartless people. I was so sad and depressed, but then, suddenly I heard something… a shelter member called me Nandini and also said to me, “Baby I do not know your real name but will love to call you Nandini”. I started adjusting myself over there, I got food twice a day but I hardly got a friend to play, after all, the staff at the shelter to look after other injured and accident hit dogs who make their way to the Hospital every day…though they all try their best, they cannot spare time to give individual attention and care to ‘abandoned and dumped’ dogs like me. The Vet at the Hospital checked on me, my medication for Eczema started and within a couple of weeks I got all my hair back but I did not get my owner back. I guess, they were not even bothered to check, whether I was dead or alive. On the weekend, some volunteers used to come from outside to feed us, spend some time with us but not to adopt us and take us home with them. I am not blaming anyone but I do want to ask you all, why do you keep us dogs as your pets, if you cannot commit yourself to look after us well for the short lives we have? Do you consider us as ‘objects’ that can be dumped in the bin, when you no longer need it? If you just wanted to pass time with a cuddly, furry creature, you could have best invested your money in buying yourself or your kid a stuff toy….next time, please buy toys and not us to pass your time with, you are no one to decide on our fate. We also want a family that is willing to make a lifelong commitment to look after us in our good and bad days.

I, Nandini………….. I survived in that shelter every day, with that pain of being abandoned, being ‘unwanted’ by those whom I loved. I was living with a hope that may be, someone amongst you will come forward to adopt me, love me, and give me a home and family of my own once again…but that never happened. Usually, we dogs can live for 12 to 14 years if we get love and care, but I died at the age of 4 years…I couldn’t live at the shelter beyond a few months, the pain was too much to bear…Yes, I am dead…I waited and waited, but did not get the love I yearned for.

I am no more but I wish after reading this article my other friends will be adopted from shelter.

Adopt us and never ever abandon.

Adopt, don’t buy, there are too many homeless animals like me around.

An Adoption Appeal for ‘Tiger’:

Now, if any one of you reading this has a heart to adopt this Golden coloured 5-6 year old healthy Male Labrador, who was recently dumped for no fault of his by his owner, please let us know by writing to contact@jaagruti.org

I am TIGER: an abandoned 5-6 year old Male Labrador ' - Anyone who can give me a home and a place in their hearts?

I am TIGER: an abandoned 5-6 year old Male Labrador ‘ – Anyone who can give me a home and a place in their hearts?

 

About the Authors*: This article was written by Nikhil & Jyoti; and first published in the 2nd Annual Issue of the Canis Welfare Pet Club’s souvenir Magazine

 

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

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

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

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

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

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

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

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

Please also read:

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

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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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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.

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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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You didn’t even say goodbye :'(

Courtesy: This poem made its way into our inbox someway through this link of Meigs Co Dog Shelter, whom we hereby credit for penning this down.

Please share this poem with anyone who has abandoned or is thinking of abandoning their pet. It may make them think atleast once over the most painful act they will ever commit in their life…

 “Woof”!

 I said as you started the car,
“Hooray!” I said, it’s my first time afar.
The scents we were passing were all new to me,
For it was my first introduction to this mystery.
As we got out of the car I embraced you with joy,
After all you remembered to bring my favourite toy!
You threw it once or twice, of which I retrieved,
But on the third it seemed you were ready to leave.
You threw it long and hard and I chased it like lightning,
But when I turned to bring it back I saw a sight quite frightening.
I gripped my toy hard as I tried to comprehend
What it was I did wrong to make our relationship end.
You walked back to your car as I sat there still loyal.
Why am I subservient and you so royal?
Your engine started, and you peeled out into the night,
You didn’t even care about my overwhelming fright.
As I sat in my pose determined you would come back,
The sun faded behind me while the surroundings turned black.
Day after day I stayed in that park,
Lying… waiting… too feeble to bark.
As I lay there dying thinking of you master,
I asked myself how I got into this horrifying disaster.
With my last breath of life, I whispered your name
Then I collapsed in a heap overrun by pain.
Why didn’t you love me master? Why didn’t you care?
Had I no significance, was I just a clump of hair?
I stayed there master and I waited for you
I guess taking care of me was just too much to do.
I’m gone now master, no more You-and-I
But what I can’t figure out is why you didn’t even say goodbye…

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In defense of the street dogs of Kashmir

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

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

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

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

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

Article in Greater Kashmir

Srinagar needs its street dogs. Here’s why …

Other opinion by Lisa Warden

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

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

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

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

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

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

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

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

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

Article in The Pioneer

Mass killing of loC that guard Kashmir

By Hiranmay Karlekar

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

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

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

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

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

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

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

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

Article in The Pioneer

Stray dogs alert terrorists’ approach

By Hiranmay Karlekar

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

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

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

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

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

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

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

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Priya, Dog breeding and the Income Tax Department

On a visit to an animal shelter a few weeks back, we met Priya, a female great Dane who was found abandoned on the road side by an animal ambulance. She was suffering from a tumour- a seemingly malignant one. Looking at her condition, it was quite evident that she was chucked out by a Dog breeder when she was no longer ‘a machine’ of use to him in his ‘puppy farm/factory’, i.e. ‘factories run by greedy humans in which female pedigreed dogs are repeatedly mated and bred so that they could give birth to puppies that can be sold at handsome rates’ and fill in the coffers of these ‘dog breeders’!

Photo copyright: 'Jaagruti'
Priya, a Female Great Dane abandoned by a Dog breeder to die on the streets- Her eyes say it all! Photo Copyright – ‘Jaagruti’ 

So, when dogs like Priya are no longer able to produce babies or turn sick beyond cure, these people who had over the years exploited her to give birth to pups repeatedly find her a burden and cose thereby to dump her on the roadside!

For a peep into the horrendous puppy mill trade, please look at the video below.

So, Next time you wish to adopt a dog, adopt for an Indian dog on the street or adopt one from a nearby shelter. Please do not buy a puppy ever because demands create supplies!

Remember ADOPT, Dont BUY!

Dog breeding in India is an unregulated business in alomost every city, a business that brings in huge profits to those who do it, be it big breeders carying this out in their farms, dog trainers who carry it out on their roofs atop their shanty quarters in areas like Dwarka Mod, Palam and across many such habitations in Delhi or even those who carry it out in their houses next doors to yours by repeatedly getting their pet dogs to mate and breed.

That is why news items like the ones below come as a breath of hope!

Income Tax Department issues directive to keep tabs on all breeders who sell newborn puppies for huge profit (Source: Mid Day, 23rd March 2011)

The Rs 500-crore pet dog business has come under the scanner of the Income Tax department.

The I-T department headquarters, New Delhi, has issued fresh directives to all its regional offices to keep tabs on all dog breeders who sell newborn puppies for huge profits.

All pet shops and known dog breeders are now under the surveillance of sleuths.

A senior I-T officer said, “Most canines of good lineage are sold at exorbitant prices and without any receipts. Some of the deals even run into crores.”

According to the I-T directive (copy available with MiD DAY), it has been noticed in recent years that pet shops have spread rampantly across the major cities.

These shops are technically licensed to sell animal food and accessories, but they also deal in canines and exotic birds to make a quick buck.

The order stated that it is suspected that a majority of these transactions are outside the tax net, so appropriate action should be taken against them.

Senior I-T officials, including Chief Commissioner P P Shrivastava, however, are tight-lipped about the directive and how they plan to crack down on the tax evaders.
 
According to I-T sources, the demand for exotic dogs increased after a cellular company used a pug in its advertisements.

According to sources, a 45-day-old pug is priced at more than Rs 40,000 in the open market.

Pet dealers at Crawford Market told MiD DAY that a Cocker Spaniel puppy is priced around Rs 7,000.
 
“Pet dealers are not sensitive to the health of the animals as they are more concerned about making money. Breeding is done regularly. This should be banned,” said Dr J C Khanna, member, Animal Welfare Board of India.

500 breeders

According to a modest estimate, there are more than 500 commercial dog breeders in Mumbai, Thane and Vasai. There are an estimated 7,000 such breeders across the country.

Dog breeding is a flourishing business in New Delhi, Chandigarh, Gurgaon, Andhra Pradesh, Himachal Pradesh and Chennai as well. The turnover is estimated to be around Rs 500 crore.

The volume of the business can be gauged from the fact that even a fake certificate to prove the breed of canine fetches between Rs 2,000 and Rs 3,000 on the streets of Mumbai. 

But, all dog breeders are not tax evaders. Mayur Shinde, owner of Shinde Kennel, Pune, said, “Dog breeding and selling is my full-time business. I give genuine receipts and also pay income tax regularly.”

Procedure to buy a puppy
Before buying a puppy, it is necessary to get a licence from the respective municipality. BMC charges only
Rs 100 as fees and Rs 200 for vaccine per year. The seller should be registered with the Animal Welfare Board of India (AWBI).

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Animal Abuse-from F.I.R to Jail

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

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

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

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

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

WHAT IS A COGNIZABLE OFFENCE?

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

WHAT IS A NON-COGNIZABLE OFFENCE?

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

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

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

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

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

HOW SHOULD YOU GO ABOUT LODGING AN FIR?

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

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

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

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

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

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

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

WHAT CAN YOU DO IF YOUR FIR IS NOT REGISTERED?

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

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THE POLICE ACT, 1861

An Act for the Regulation of Police

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

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

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

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

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

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THE DELHI POLICE ACT, 1978

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

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

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

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

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

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

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

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

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

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

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

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

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

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

MADRAS CITY POLICE ACT, 1888

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

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

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

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

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

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

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

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Section 53 – Penalty for cruelty to animals

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

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THE INDIAN PENAL CODE, 1860

——–

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

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

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

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

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

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

——–

Negligent conduct with respect to poisonous substance.

284. Negligent conduct with respect to poisonous substance.–

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

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

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THE PREVENTION OF CRUELTY TO ANIMALS ACT, 1960

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

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

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

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

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

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

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

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

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

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

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

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

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

(m) solely with a view to providing entertainment

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

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

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

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

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

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

(3) Nothing in this section shall apply to –

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

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

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

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

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

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

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28. Saving as respects manner of killing prescribed by religion : Nothing contained in this Act shall render it an offence to kill any animal in a manner required by the religion of any community.

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38. Power to make rules. –

——–

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

 

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TRANSPORT OF ANIMALS, RULES, 1978

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

——–

 

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

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

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96. Issue of certificate before transportation –

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

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

97. Cancellation of permit or authorisation for transport –

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

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

98. General conditions of transport –

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

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

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

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

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

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

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

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


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Commonwealth Games and Street Dogs- Part 2

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

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

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

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

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

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Commonwealth Games and Street Dogs

 

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

 

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

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

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

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

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

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

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

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

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

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

What comprises Animal Cruelty?

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

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

ii) Request them to take action against the offender.

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

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

v) Insist on their involvement and offer your help.

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

vii) File an FIR if necessary.

viii) Do the necessary follow up.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Ready to be sacrificed!

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

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

Kamakhya temple, Guwahati (Assam, India)

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

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

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

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

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

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

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

Karnataka: Karnataka Animal Sacrifice Prohibition Act 1959

Gujarat:Gujarat Animals and Birds Sacrifice Prohibition Act, 1972

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

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

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

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

….

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

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

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

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

Other useful resources are as follows:

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

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

 

Rules under Prevention of Cruelty to Animals Act 1960

 

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

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11 Street Dogs ‘allegedly’cut & pierced to death: Protest on 7th May’10 at Delhi Jal Board Office in Lajpat Nagar, Delhi

Take Action:

Protest tomorrow i.e 7th May, 2010 (Friday) by animal activists and concerned citizens at 3.30 pm at Delhi Jal Board Office – located at Jal Sadan, Opposite MCD Building, Shiv Mandir Marg , Near Jal Vihar Terminal at Lajpat Nagar-II, Delhi.

This is to demand strong action against those employees/people who are suspected to have rounded up 11 street dogs within the Delhi Jal Board compound and mercilessly cut and pierced them all to death.

Be there!

This gory incident is believed to have transpired in broad daylight on Sunday the 2nd May, 2010, between 2 to 3pm.

For more details of the incident, please click on the thumbnails below to enlarge the copies of the self-explanatory letter sent by Maj Gen (Retd) Dr. Kharb, Chairman AWBI on 5th May, 2010  to the CEO of Delhi Jal Board.

To prompt the officials into taking stern action against the perpetrators of this crime, you can write letters of strong protest to Mr. Ramesh Negi, the C.E.O. of the Delhi Jal  His e-mail address is ceodjb@hotmail.com – and shame him into taking action.

His mailing address is :

Shri Ramesh Negi,  Chief Executive Officer

Delhi Jal Board,

Varunalaya, Phase II, Karol Bagh,

New Delhi-110005

Please mark copies to:

Mr. B.P. Saraswat

Executive Engineer, South IInd

Delhi Jal Board, Jal Sadan Building ,

Near Shiv Mandir, Lajpat Nagar

New Delhi

&

The S.H.O.

Police Station Lajpat Nagar

New Delhi.


For the benefit of those who are unable to download/click open the above image files of AWBI’s letter, the soft copy of the mail sent by Maj Gen (Retd) DR. Kharb, Chairperson, Animal Welfare Board of India to to Mr. Ramesh Neg, CEO, Delhi Jal Board is pasted below:

5th May 2010

To,

Shri Ramesh Negi

Chief Executive Officer

Delhi Jal Board

Varunalaya

Phase II, Karol Bagh,

New Delhi-110005

(ceodjb@hotmail.com )


SUB:  SHOCKING BUTCHERY AT THE JAL BOARD BUILDING AT LAJPAT NAGAR

Dear Sir,

In my capacity as Chairperson of the Animal Welfare Board of India, a statutory body set up under the Prevention of Cruelty to Animals Act, I am writing to you to invite your attention to a shocking instance of butchery, and utterly brutal killings of stray dogs at the Jal Board office, Jal Sadan, Lajpat Nagar, on Sunday, the 2ndof May, a little after 2.00 p.m., that has come to light a little while ago.  As information filters out, several agitated residents of Delhi are calling me up and demanding that the perpetrators of the criminal acts be brought to book.

Apparently, on Sunday, the 2nd of May, 2010, between 2 and 3 p.m., when 4 (four) guards, including one Ram Kher, were ostensibly guarding the complex, and 12 (twelve) Delhi Jal Board staff, including one Rakesh, and one Ashok, were on emergency water supply duty, and therefore present at the complex, and some canteen staff were also present, 5 to 6 miscreants easily breached the security and entered the complex ! We have learnt that they were probably from the adjoining Vinoba Puri area. Despite the sensitive nature of the installation – a Delhi Jal Board installation – they were allowed to enter.   Thereafter, in connivance with the 4 guards on duty, and either some or all of the staff on emergency duty, the miscreants, and the guards, and some of the others brutally beat up and cut / chopped 11 community dogs (i.e. stray dogs resident at the complex), to a horribly painful death. Apparently, legs were broken, cuts were inflicted, and bodies pierced with bhalas and other sharp objects, before the poor, hapless animals died. Some dogs, in a desperate bid to escape, ran into the building. However, the guards, and some or all of the 12 staff of duty kicked and beat them out. They were then killed in the gruesome and horribly sub-human manner described above.

The Board has also learnt that thereafter, the flesh and some parts of the body of the poor animals that suffered and died were eaten/kept aside for eating later. Some animal remains were thrown into an adjoining area, and other remains and blood were strewn  over  the  place  at  that  time. What  is  shocking  is that  none  of the persons present called up the police, or even the Number 100, clearly demonstrating that they were all participating in the act. It was only yesterday, and today, that the other employees learnt what had occurred, and informed some Animal Welfare Organizations and the Animal Welfare Board of India.

The Board would have you know that animal cruelty is an offence – under Section 11 of the Prevention of Cruelty to Animals Act, and Sections 428 and 429 of the Indian Penal Code – punishable with imprisonment and fine. The Animal Welfare Board of India shall of course be lodging a criminal complaint and taking legal recourse ; but I urge you as well to investigate, and take strong action against the employees who connived with the miscreants and perpetrated the heinous crime described above.

Please bear in mind that apart from the shameful slaughter of community dogs that the guards, and some/all of the employees present at the complex on Sunday, the 2nd of May, 2010, resorted to, a sensitive Jal Board installation was breached with impunity! The miscreants could have as easily mixed hazardous substances with water, leading to human casualties / illness.

What has occurred is serious enough to merit your intervention and strong action. Kindly do the needful, and please keep me informed.

Yours Sincerely

(Dr. R.M. Kharb)

Maj.Gen.(Retd.), AVSM

Chairman, AWBI

Copies to:-

Mr. B.P. Saraswat

Executive Engineer, South IInd

Delhi Jal Board, Jal Sadan Building ,

Near Shiv Mandir, Lajpat Nagar

New Delhi

&

The S.H.O.

Police Station Lajpat Nagar

New Delhi.

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What to do when you see an animal being treated cruelly?

Backgrounder on animal laws in India:

“The greatness of a nation is judged by the way it treats its animals”, said Mahatma Gandhi once as he was leading India through the country’s fight for independence from the colonial rulers. But long before animal activism became a global movement and animal laws were enacted in India in their present form, there are pointers that India as a nation has revered nature, its flora and fauna.  The earliest laws of conservation date back to as early as 3rd Century B.C when Emperor Ashoka had banned killing and hunting of all animals in his kingdom. Images depicted in ancient Indian art and wall carvings, the notes and stories mentioned in Indian scriptures and fables like Panchatantra and Hitopdesha, all of these reflect the ethos of conservation and reverence for animals. But as India moves ahead in the rat-race for being a developed country, morals and ethos are being left behind and superseded by an insensitivity and egotistical attitude that is hard to comprehend.

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Stand up against Cruelty to Animals

“Unseen they suffer, unheard they cry

In Agony they linger, in loneliness they die

Does it mean anything to you or anyone who passes by?”

These words penned above epitomize the pain, the suffering that millions of animals endure at the hand of humans every single day.

Though killing or torturing humans is considered to be a crime instantaneously, many amongst us perhaps pay mute witnesses to incidences of animal cruelty happening all around us. The fact is that laws do exist in this country of ours for protection of cruelty towards animals. The main laws are The Prevention of Cruelty to Animals Act, 1960 and the Wildlife Protection Act, 1972. However few people and even fewer policemen and lawyers are aware of these laws and in the wake of human ignorance on these laws, animals are helpless and fall victims to needs and deeds of humans.

Overloading donkeys with bricks, exhausting the elephant and camels with over riding in a  a mela or at a tourist spot, whipping the horse and the bullock pulling the tonga or the cart, stuffing the cages with chickens in your local meat shop, transporting cattle and livestock one on top of the other in trucks while being taken to slaughterhouses or even treating your pet with neglect- not providing him food or water or chaining him in the sun, killing, maiming beating an animal…each of these acts is an act of animal cruelty under either Section 11 or Section 12 of the Prevention of Cruelty to Animals Act 1960 (PCA Act 1960).

PCA Act is a Central Act and is in force throughout the country/Indian territory. There are many rules drafted within this act that look into usage of animals in films i.e performing animal rules, transport of animals rules, rules for prevention of cruelty to draught and farm animals and many more. Though in terms of penal provisions these laws are still weak and in urgent need to be reformed, but that will only happen when public wants or asks for it as the animals themselves will never be able to do so, contrary to the activists who fight battles for laws to protect tribal rights or gay rights for that matter!

Many of you would have seen an overloaded mules or an overloaded bullock/horse cart on the roads every day. Most people prefer to ignore that sight but even when the very few who are aware of animal cruelty laws objects to the ‘owner’ of the animal being ill-treated to not to inflict their animal with cruelty, generally the owner objects loudly in retaliation! The reason behind this marked indifference on part of the ‘owner’ towards the pain and suffering of their very own animal is “because humans treat animals as ‘commodities’ and ‘machines’, something that they have purchased and they now ‘own’…something that they are within their rights to both, use as well as abuse!”, says Anjali Sharma, a senior advocate representing Animal Welfare Board of India.

Below is a list of what every citizen should do when they see someone inflicting cruelty upon animals:

1. Complain to the local state SPCA (Society for Prevention of Cruelty to Animals)/Animal Welfare Organisations working in your area, though as an entity an NGO can’t enforce the law, but they can put you in touch with an animal activist who deals in filing complaints and bringing attention to such matters with legal or media-based intervention. Importantly, Animal welfare Organisations and Animal hospitals can be contacted to provide relief to the suffering animal.

2. Contact the Police: On a national level, Police are the major enforcement body for the PCA Act 1960. They are obliged to take action against the offender and render help to the suffering animals as per the procedure outlined in the PCA Act when the offence against the animal is amongst those listed in Section 11 or 12 of the PCA Act. Police are even obliged to extend help to the enforcement staff of SPCA as well as ordinary citizens to lodge a complaint/FIR against an incident of animal cruelty. If the Police doesn’t adhere to your complaint, you can also contact the magistrate directly with a written complaint.

One can also lodge a complaint under Section 428 and 429 of the Indian Penal Code of 1860 under which, ‘mischief of killing or maiming an animal amounts to an offence’ and the       offender can be imprisoned for upto five years or a fine or both.

3. Know the law: for example a donkey should be loaded with only 35 kgs of weight at one time; the permissible loading capacity of a truck is 4 buffaloes or 40 sheep/goats. Anything over and above it is technically illegal under the law.

Learn to make a distinction of cognizable and non-cognizable offences outlined in the PCA act 1960. Section 43 of Criminal Procedure Code empowers every citizen the right to perform a ‘citizen’s arrest’ i.e the right to arrest a person who has committed in their presence a ‘cognizable’ offence, an offence for which the offender can be arrested without a warrant.

Cognizable offences under PCA Act 1962 include the following:

a)     Under Section 12 of the PCA Act, 1962, injecting oxytocin injections to cows/milch animals, to improve lactation/milk-giving capacity – which is injurious to health of the animal or permitting such operation to be performed by any other person on the animal he/she ‘owns’ is a cognizable offence. However, this may be one of the most common things that you see used by local legal/illegal dairy owners throughout the country.

b)     Under Section 11(1)(l), mutilating or killing any animal, including stray dogs by using poisoning methods or any other unnecessarily cruel means

c)     Under Section 11(1)(n) organizing/keeping/using any place for animal fighting/baiting and receiving money on the same.

d)     Under Section 11(1)(o), promoting or taking part in any shooting match or competition wherein animals are released from captivity for the purpose of shooting/killing.

4. Documentation is the ‘Key’: In your complaint, be as factual and precise of your observation of the animal crime. Give precise dates, times, locations and photographic evidence if any (while remembering to keep a photocopy with yourself). You are also advised to keep a record of all the officers you are interacting with so that if they don’t listen you can proceed to the next level in the hierarchy to demand justice for the animal/s you are fighting for. Getting a vet’s certificate for the animal in consideration would also prove to be good documentary and supporting evidence.

When reporting animal cruelty, we should look out for the following: Physical condition of the animal, telltale signs of animal cruelty, cruelty during their training and practice, housing (size of cages), overcrowding, mode of transportation, sanitation and hygiene.

5. Stand up, speak up against injustice. Never give up, keep up the effort!

The Indian Constitution, also, under Article 51 A (g) imposes upon every Indian Citizen a fundamental duty to have compassion for all living creatures. But, from subjecting animals to meaningless experiments in cosmetic-testing laboratories to killing one animal in front of the other in an illegal slaughterhouse, from holding cockfights to boiling monitor lizards alive to extract oil from their bodies, mankind does it all and that too shamelessly. It is for us who are aware and informed to keep our comforts aside momentarily and become the voice for these mute, speechless animals as they wage their lonely hopeless battle against the all powerful ‘man’.

What makes cruelty to animals morally unpardonable and unacceptable, over and above human cruelty? Humans can still protest against cruelty meted out to them, they have a voice to raise alarm, hands to hit back. The animals sadly don’t have those options either, so in effect they are defenseless in the face of the cruelty humans mete out to them, be it for their own pleasure, benefit or to fulfill their sadistic desires!

Fyodor Dostoevsky once said that, “no animal could ever be as cruel as a man, so artfully, so artistically cruel.”  One would agree to it as Advocate Anjali Sharma concludes, “Perhaps humans are the worst animals ever born on this planet”.

“I don’t believe in the concept of hell, but if I did, I think it would be filled with humans who are cruel to animals”- Gary Larson

Text: Vasudha Mehta