The petition of Naresh Kadyan, Rep. of United Nation affiliated OIPA in India, Commissioner of Haryana Scouts and Guides, Master Trainer of Animal Welfare Board of India, C-38, Rose Apartment, Prashant Vihar, sector-14, Rohini, Delhi – 110085 along with:
- Abhishek Kadyan, Adviser cum Consultant, Business Management – Human Resources, Ontario in Canada.
- Suman Malik Kadyan, Manager (Retails) at Mumbai.
- Sukanya Kadyan Berwal, Educationalist at Ahmadabad.
It is humbly submitted that:
- Article 51 A (g) defined the fundamental duties of every citizen of India read with the article 48, which prohibiting animal slaughtering and Hon’ble Supreme Court of India uphold animal rights with five liberties on dated 7-5-2014 judgment, passed in Jallikattu matter.
- Animal Welfare Board of India constituted as umbrella Organisation to advice and suggests minimizing the unnecessary pain and sufferings to the animals in India. The motto of Prevention of Cruelty to Animals (PCA) Act 1960 as amended in 1982 is to prevent infliction of unnecessary pain or suffering on animals.
- Section 3 of the Prevention of Cruelty to Animals Act, 1960 defined the responsibilities of custodians of animals.
- The census of cattle goes down and Indigenous breed of cattle needs immediate attention for preservation and conservation, the Govt. of India implemented the National Gokul Mission but overruled the National Cattle Commission Report, 2002 along with their recommendations.
- Maximum areas of Indian Territory prohibit the cattle slaughtering.
- As per orders passed by the Rajasthan High Court, Jaipur Bench, Cattle have many qualities and its products are very useful for human beings and Nature, besides it beef have No medicinal values and it was recommended that Cow should be declared as National animal of India.
- As per set procedures, orders issued by concerned officials about National animal, birds, heritage and National Aquatic Animal s are never been issued by any Authority by law, whereas Cattle needs immediate attention and National policy, adopting “National Cattle of India”, without disturbing the status of tiger.
- Cattle can’t be treated as Goods, shifting with respect, keeping in view as per their shape and size, enforcing the Central Motor Vehicle (Eleventh Amendments) Rules, 2015 read with Cattle Transport Rules, 1978 amended in 2001 and 2009.
- Prevention of Cruelty to Animals (Regulation of Livestock Markets) Rules, 2017 should be implemented, restoring violation of human rights, as we have legal rights of life along with our religion and we respect cow progeny, which are dying eating garbage and polythene.
Petitioner (s) prayers that:
- Replace the toothless legislation Prevention of Cruelty to Animals Act, 1960 and all offenses against animals may kindly be treated as cognizable, non bailable offense in legal terms along with strong punishments, whereas AWBI submitted draft of Animal Welfare Act, before the Ministry of Environment, Forest and Climate Change, to placed before Indian Parliament for consideration.
- Bovine definition needs immediate attention, to clarify that cow progeny can’t be slaughtered, much state Government legislation’s allowed consuming beef as diet and to transport beef products for medicinal purpose, without any scientific research and recommendations. FSSAI needs to be clarify that the beef of cattle along with veal of calves are not suitable for human consumption, restructuring the definition of Bovine, prohibiting for human consumption as food amending Regulation 2.5 of the FSS (Food Product Standards and Food Additives) Regulations, 2011.
- Abandoned, unclaimed and non productive cattle’s be given pension, they should be rescue for further rehabilitation and their urine – dung be utilized.
- There are two Boards are functional; Animal Welfare Board of India and National Board for Wildlife, hence we pray to merge both Boards in to a ‘National Commission for Animal Welfare’ with judicial power as civil courts.
- Animal; being an living creature, have feelings, cannot be treated as goods and all offenses against animals may kindly be try and decide by a special fast track court, being cognizable and bailable offense in legal terms.
- Animal abusers registry may kindly be prepared all over India, to identify the second offense against animals.
- It is further submitted that awareness camps, workshops, kindness clubs and syllabus be introduced in the Educational Institutions, hand books be prepared, hoarding be installed on major locations.Animal may kindly be shifted from one place to another in special vehicles not in a goods transport vehicles, transport department be directed to prepare prototype of these vehicles, as per Central Motor Vehicle (Eleventh Amendments) Rules, 2015.
- Animal sacrifice may kindly be ban for religious purpose along with the Police, Military and Para Military Forces animals may kindly be covered under the Animal Welfare Law’s of the land, omit the section 28 of the Prevention of Cruelty to Animals Act, 1960.
- Infirmaries are compulsory to keep animals during court trials, as required under section 35 of the Prevention of Cruelty to Animals Act, 1960 but these Infirmaries should be functional in India along with the Society for Prevention of Cruelty to Animals.
- Animal abuser equipment, use of thorn bits is prohibited but its manufacturing, trading and possession are allowed, which needs to prohibited by law.
- Cow progeny may kindly declare as “National Cattle of India”, all offenses against cow progeny may kindly be try and decide by a special Session Judge on fast track court basis, smuggling of cow progeny to Nepal and Bangladesh may be handled, introducing Border Animal Security Force, as they have five liberties:
- Freedom from hunger, thirst and malnutrition
- Freedom from fear and distress
- Freedom from physical and thermal discomfort
- Freedom from pain, injury and disease’s
- Freedom to express normal patterns of behavior
- The National Cattle Commission Report, 2002 along with the Rajya Sabha Committee on Petition Report No. 151 “Review of Meat Export Policy” and the Prevention of Cruelty to Animals (Regulation of Livestock Markets) Rules, 2017 be implemented in letter and spirit.