Police

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

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

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

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

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

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

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

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

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

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

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

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

You can also…

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

Things you must not do:

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

Process Flow of filing an F.I.R:

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

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

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

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

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

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

7. Try not to overwrite or score out words.

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

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

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

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

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

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

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

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Department / Organisation: Police Department

Contact person: Police helpline 100.

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

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

Infographic Process Flow:

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

Infographic Courtesy: jaagore.com

Infographic Courtesy: jaagore.com

Q and As about FIR

Who can lodge an F.I.R?

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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Do-it-Yourself (DIY) Series-4: A Dossier of Indian Street Dog related laws and court rulings- Read, Print and Share widely

To all those who feed and take care of their neighbourhood street dogs in India, we have one request. Don’t feel weak. The laws are on your side and also in favour of the street dogs you care for.

In this post, we are sharing with you one comprehensive document that compiles all the laws, news-clippings and court orders/rulings, pertaining to street dogs

Please download this document by clicking here: A Dossier of Indian Street Dog related laws and court rulings

Save it, take print-outs and read it well.

These are updated laws, rules, orders pertaining to DOGS, their feeding and other rights. Most dog lovers don’t bother to read them and end up getting harassed while the law is strong and clear. Please keep a copy ready and if possible submit one copy in your local police station and the RWA, so unfortunate encounters can be averted beforehand. 

A point wise synopsis is also written in the beginning of this document.

We thank Citizens for Animal Rights for their effort in compiling this document and sharing the same with us. By posting it here, we are sharing it further and hope you all will share it widely too and feel empowered.

Remember: Your responsibility however doesn’t end with just feeding them, please also ensure that these dogs you care for are sterilized and vaccinated…since you are friendly with them, can touch them, it is much easier for you to collaborate with the NGO run Animal Hospital (that runs the local Municipality supported ‘Animal Birth Control’ Programme for street dogs) near your home to help undertake the sterilization of these dogs, it is just a one time exercise and will prevent you the agony of seeing pups dying (of illnesses and car accidents) in front of your eyes ever so frequently.

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

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

Court clears duo arrested, humiliated for feeding dogs

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

~~

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

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

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Wildlife Crime Investigations and the Legal system

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

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

Nabbing wildlife criminals

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

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

Kinds of Wildlife criminals (and Investigations):

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

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

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

How is an investigation and operation carried out?

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

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

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

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

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

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

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

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

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

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

Lastly, what is NOT Right?

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

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

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

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

Useful resources:

  1. Animal Laws of India http://unilawonline.com/animallaw/ReadContent.asp
  2. Indian Wildlife Crime Control Bureau: http://wccb.gov.in/
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Inspired by Bollywood movie, social activist made police post incharge for a day!

Balak Ram Prajapati- the one day cop!

19th April, 2010 (Meerut, Uttar Pradesh, India)

‘People think of police as men with sticks, who accept bribes and abuse people, I aim to change all of that”, declares 58 year old Balak Ram Prajapati.

Past Thursday, social activist Prajapati drove to meet city Police Chief Akhil Kumar on his rickety old two-wheeled scooter. He went to him with a sermon and a plan to reform the police’s image in public eyes; little did he expect that the onus of doing so would be put on him so soon!

Taking a leaf out of the script of a Bollywood movie, the Police chief asked Prajapati to take charge of Lisadi Gate Police Post for 24 hours on Saturday and execute his reformist ides for the Police.

The Police Chief’s order seemed to be inspired from ‘Nayak’, a Bollywood movie, in which the film’s hero was made the state’s chief minister for a day, which was magically enough for him to cleanse the rotting state’s political system.

But reality however is far removed from fiction, as Prajapati found out during the course of his day-long term with the police.

Earlier in India’s history too, Qutb-ud-din Aybak, the ruler of Delhi in 13th Century made a bhishti (term used for men who sell water on roadside from leather pouches), the state’s emperor for day and bestowed him with legal powers which were used by him to launch currency notes in ‘leather’!

But unlike the bhishti, devoid of any legal powers, Prajapati arrived at his office in plainclothes at around 10 am on Saturday morning and soon after was inundated with hordes of complainants.

Within a matter of hours, however, Prajapati started speaking the same language as the policemen do asking them ‘to stay calm and cooperate as the police did its work, despite its limitations’, which seemed like words borrowed from the police chief’s dictionary!

“Police’s precious time and resources go into resolving and dealing with complaints in which they can’t be of any help”, said Prajapati.

“For example, I attended and resolved through my mediation 26 cases of family dispute, what is required in such cases is not a policemen but a counselor!” he added.

A grassroots activist for the past 35 years, Prajapati heads a local social welfare group and earns his livelihood through beekeeping. ‘I work on empowering people through setting up SHGs or Self-help groups”, said Prajapati when asked about his focus area in social sphere.

“I suggested to the Police chief that police should play a role in reforming young people (serving their terms in prisons) by training them in employment skills. If young men are well-employed, they would stay away from performing crimes”, suggests Prajapati.

Prajapati went on routine police checking round too.

Thankfully, the day in the city was otherwise calm and there was no need for the police to involve or demonstrate to him, how the forces nab and kill criminals in a Police ‘encounter’, else this experiment would have had the police chief running for cover.

Somveer Singh, the ‘regular’ incharge of this police-post wasn’t impressed with Prajapati’s day in the office. “He kept on asking the constables to summon one or the other people mentioned by the complainants in their application. This is not practically feasible option every day however as we have a limited force”, said Somveer.

“I have 13 blocks of Meerut city under me and to manage such a big area I have an extremely small 26-man force, if all of them go to summon one or the other people based on people’s complaints then how will the police fulfill other duties of theirs?” questioned Somveer.

Whether Prajapati has completely understood the constraints, dilemmas and struggles that a policeman endures on the job is something that only ‘tomorrow’ can tell but till then Prajapati takes delight in the good press he has generated for the police in his few hours of fame and power.

To reform the police system and public’s perception is an arduous task. For the common man on the street, “this system, the police and bureaucracy is hopelessly stagnated; rotting at its feet, mired in corruption and weighed down by political pressure” but Prajapati isn’t giving up the fight just as yet.

“I am a man on a mission”, he concluded.

All power to his elbow!

Text: Vasudha Mehta (C) JAAGRUTI