रविवार, 29 जनवरी 2012

Meeting on Animal Safety Lasws- Status of Implementation and Adjudication

Dr. SK Mittal    B.com (Hons) LLM, P.hD
National Co Convener
BJP Cow Development Cell
Member & In charge Karnataka & Kerala (07)
Animal Welfare board of India
Min. Of Env. & Forest Govt. of India
Member Kerala State Animal Welfare Board
President : Karnataka goshala Mahasangh(r)
Vice Chairman SPCA (r) Mysore
President Akhil Karnataka Goraksha Sangh (R)
Vice President All India Goshala Federation (r)
Chairman Legal Sub Com.  Mysore Pinjarapole Society

Chairman & Mg. Director
Gauvardhan Organics P. Ltd
World’s 1st cow progeny waste based production unit

Sree Kunj  19, 3rd Block, 5th Main
Jayalakshmi Puram, Mysore 570012 (Karnataka)
Ph:0821 4282005-4255242 Fax 4264005
Karnataka is blessed with 1,91791 Sq.KMS,30Districts,176 Taluks, 747Hoblies. 5628 Grama panchayats 29406 No. of Villages 270Towns 4786 Wards 52850562 Total Population (2010) 61523600 2001 Census) Livestock Population (2007Census Provisional) 32865165 No. of Cattle 10,502,520 No. of Buffaloes 4,326,980

STATEMENT of CATTLE & BUFFALO   IN Mysore and nearby Districts
Gram Pnchyat
Un habited
Cattle & Buffalo
Such rich source of economic development rural economic growth, women empowerment, youth employment, organic cultivation, electric, water, fuel and energy is depleting in a disastrous way as feeding material to slaughterhouses of not only Karnataka but to nearby States of Andhra, Maharastra, Goa, Tamil nadu and particularly to Kerala. There shall be 25-30% natural increase in this number every year but record shows decline every year. There is downfall of 15 lac speechless animals in last decade apart from app 35-40 lac/year. which would had been added to our live stock
Illegal Transportation & slaughter of Cow and its progeny : The heinous crime starts from Government lands at 140+ APMC Yards every day and on the strength of Health Certificates issued by Animal Husbandry Dept, travels under the nose of R.T.O, Police, APMC officials and Check posts. Poor speechless animals are transported from one corner of State to other corner & crosses inter state borders, most cruelly & mercilessly slaughtered without observing any hygiene, Law, Act & Rules. Sale of carcass can be seen with out any certification, violating Municipal Rules & Regulations. 
This heinous criminal activity estimated to app. RS.25 billions / year. This animal & carcass trade is going on, unchecked, providing contaminated meat to consumer, putting heavy without contribution but a burden on exchequer.
It is resulting in to depletion of live stock, high unaffordable price of Milk & milk products, penetration of milk made from Urea & detergent playing with the health of our next generation, non availability of organic compost, apart from hurting public sentiment  of compassion towards speechless animals.
Statutory Acts & Rules
Directive Principle Articles 48. Organization of agriculture and animal husbandry. The State shall Endeavour to organize agriculture and animal husbandry on modern and scientific lines and shall, in particular, take steps for preserving and improving the breeds, and prohibiting the slaughter, of cows and calves and other milch and draught cattle.
48-A. Protection and improvement of environment and safeguarding of forests and wild life.The State shall Endeavour to protect and improve the environment and to safeguard the forests and wild life of the country.
Fundamental duties 51-A (g)..It shall be the duty of every citizen of India to protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures;"
Indian Penal Code 1860
Section 97 Right of private defence of the body and of property
Section 99 Acts against which there is no right of private defense
Section 153 A Promoting  enmity between different groups on grounds of religion, race, place of birth, residence, language etc. and doing acts prejudicial to maintenance of harmony
Section 295A : Deliberate and malicious acts intended to outrage religious feelings of any class by insulting its religion or religious beliefs 
Section 429  Mischief by keeling or maiming Cattles 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, whatsoever may be the value thereof or any other animal of the value of fifty Rupees or upwards, shall be punished with imprisonment of of either description for term which may extend to five years or with fine or with both
Code of Criminal Procedure 1973
Sec   43(1) Arrest by private person and procedure on such arrest
Sec 154(1) Information in cognizable cases to be entered in the prescribed form by the Police Officer
              (2) Copy to be given to the informant,
              (3) In case of refusal to record information by the Police Officer in charge, information may be                    
                    sent by post to the superintendent of Police
Sec. 157 Procedure for investigation
Sec 173 Report of Police Officer on completion of investigation
Sec 451 Order for custody and disposal of property pending trial in certain cases
Prevention of Cruelty Act of 1960) was enacted to prevent cruelty to animals and its Rules regulates Transportation of Animals, Slaughterhouses, Establishment of Societies for Providing Compassion to Animals (SPCA) etc.
Transport of Cattle Rules 1965/1978/2001 & Sec 96(Rule).
The Transport of Animals Rules,1978
Section 98 of The Transport of Animals Rules, 1978 provides the general conditions for transport of animals::
1) Animals to be transported shall be healthy and in good condition. They should 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
2) An animal which is unfit for transport shall not be transported and the animals that are newborn, 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 the transport
5) Diseased animals, whenever transported for treatment, shall not be mixed with other animals.
the general conditions laid down in Section 98 of The Transport of Animals Rules, 1978 should be strictly adhered to. And apart from that, there are different rules for transporting different categories of animal, provided under The Transport of Animals Rules, 1978. Overloading of animals amounts to treating of
animals cruelly under Section 11 of The Prevention Of Cruelty to Animals Act, 1960.
If the above general conditions with regard to the transportation of animals are not met, the animals should be immediately unloaded and sent to the nearest animal shelter. Some further conditions that must be observed are:
In the case of trucks whose wheelbase is over 142 inches shall not carry more than six cattle without calves or five with calves.
The Vehicle transporting them should be large enough to carry animals comfortably and the animals should not be packed and jammed inside. The animals should also be protected from the weather.
·Animals are not allowed to be transported by tempo.
·Within the vehicle, partitions, must be provided at every two or three metres across the width to prevent the crowding and trapping of animals.
· Sufficient food and water shall be carried to last during the journey and watering facility should be provided at regular intervals.
· First aid equipment should be available in the vehicle.
Suitable ramps should be provided for loading and unloading the animals.
· Materials for padding such as straw, shall be placed on the floor to avoid injury and this shall be not less than 5 cm thick.
Apart from this, there are specific rules for transporting different categories of animals provided under The Transport of Animals Rules, 1978 which specifies the maximum number of animals that can be carried by different types of vehicles.
Overloading of animals amounts to treating of animals cruelly under Section 11 of The Prevention of Cruelty To Animals Act, 1960. The offender (in the case of a first offence) will have to pay a fine which shall extend to fifty rupees and if it is the case of second offence or subsequent offence committed within three years of the previous
offence, he will be fined with not 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. Also, in the case of second offence, the offender’s vehicle is confiscated, and he will never be allowed to keep an animal again.
Karnataka Motor Vehicle Rules and union Motor Vehicle Act RULE 74 of Karnataka Motor Rules, 1989 . has stipulated special permits, Speed regulation, Special body Fodder, Water, medicine arrangements apart from 2 Sq. Mtr space for each animal this provision restricts the loading of 4 to 5 animals in each truck. BUT more than 10 thousand Trucks are reported crossing inter state Boarders every month carrying more than 15-25 animals a visible crime un booked.
Karnataka Prevention of Cow Slaughter & Preservation of Cattle Act 1964
Section 4 prohibition of slaughter of Cow or calf of She buffalo
Section 5 without certificate from competent authority Prohibition against slaughter of animals
Section 7 slaughter to be in place specified
Section 8 Restriction on transport of animals or cow for slaughter
Section 9 Power to enter and inspect
Section 11 penalties – on conviction be punished with imprisonment for a term which may extend to six months or with fine which may extend to one rthousand rupees or with both
Section 15 Protection of persons acting in good faith  
Karnataka Prevention of Animal Sacrifice Act, 1959
Sec.2 Sacrifice  means the killing or maiming of any animal for the purpose of any religious worship or adoration. Place of  public religious worship means “ any place intended for use by, or accessible to, the public or section thereof for the purpose of religious worship or adoration.
Sec.3   prohibition on sacrifice.  “ No person shall sacrifice any animal in any place of public religious worship or adoration or its precincts or any congregation or procession connected with any religious worship in public street. 
Karnataka Agro Produce Marketing (APMC) Act has classified these animals under Schedule A ensuring Dealer Registration, Entry Fee, Implementation of other Acts and Rules etc.
Karnataka Municipality Act Sec.87,91, 226,228. 232,242,243,244, 246, 251, 256,257,324 deals with Animals, slaughterhouse, illegal slaughter places. Health & hygiene. 
In spite of presence of such stringent Union & State statutory provisions, as a matter of fact, Karnataka has become supplier state to neighboring Kerala, Andhra Pradesh, Maharashtra etc. Illegal slaughter of these speechless animals is going on in rampant way.  Thousands of  slaughter houses are functioning illegally with out any statutory control. Civic bodies have also provided Slaughter houses BUT with out any physical control and no Pre mortem or post mortem is even seen.
These slaughter places are functioning in heart of cities creating high health hazard. Even the revenue generated in terms of Auction money is not sufficient to afford a part time sweeper. Hence, Tax payers money is being spent by civic bodies half compassion to speechless animals.
Slaughter Houses though shall be governed under Karnataka Municipality Act.Sec:87,91,226,228. 232, 242, 243,244, 246, 251, 256,257,324 but illegal slaughter is the scene of the day. Total violation can be observed. Whenever Corporation want to restrict and create hygienic modern Slaughter House. So called Animal lovers comes on road to stop the creatio and illegal activities goes on in name of Law & Order maintenance.
In fact, Municipal officials shall raid and get illegal shops and slaughter houses closed as in NO CIRCUMSTANCE COW CALF & SHE BUFFALO CAN BE SLAUGHTERED AND FOR OTHER CATTLE THEY HAVE TO ISSUE CERTIFICATE UNDER SEC.5 of KPCS&CP Act
Though Constitution of India Article 25 provides freedom of conscience and free profession, practice and propagation of religion (subject to public order, morality and health and to the other provisions of this Part, all persons are equally entitled to freedom of conscience and the right freely to profess, practice and propagate religion) but clarifies that Nothing in this article shall affect the operation of any existing law or prevent the State from making any law.
Seizure and registration of Cases: In spite of efforts there is no impact on illegal transportation, slaughter houses, trading etc of poor animals. We can see the violation every week in most of 140+ APMC Yards and their Check posts in the State in violation of Karnataka Agro Produce Marketing Act,
Trucks can be found loading, carrying, transporting poor animals violating Transport Rules attracting penalties, fines, arrest, seizure, cancellation of permit and Driving license etc BUT in practical no action is visible.
Officials of Animal Husbandry Dept. & Corporation Animal Health officials are Competent Authorities in Karnataka Prevention of Cow Slaughter & Cattle Preservation Act where Sec 4 prevent Cow slaughter(Cow Calf & She Buffalo) & as per Sec.5 they are supposed to issue Certificate for He Caw and He buffalo if it is above 12 year of age, incapacitated and free from any disease and decide the place of slaughter etc BUT where it is seen in practice?
Presence of Transport officials  can be felt at all the roads But visible violence of Motor Vehicle Rules is avoided by them for the best reasons known by them.
Prevention of Cruelty to Animal Act, 1961 (Transport of Animal on Foot) Rules 2001, (Slaughter House) Rules,2001, Indian Penal Code 429 etc are applicable in whole Country restricting Cruelty, poising, maiming, killing injuring etc any animal and also strict movement and transport condition. Violation attracts sever punishment
Custody : After booking of FIR question of keeping Live Stock arises where Hon’ble Supreme Court of India has ruled out the interim Custody to accused  and directed the same to Animal Welfare Organizations till the pendency of case . But in many cases we see the release  of these animals .
Investigation: Certainly “Delayed Justice is Denial of Justice”. Investigation shall revel the origin of crime, Seller, Purchaser, place of dispatch, destination, vehicle owner and whether regular or 1st time offender, etc and onus of proof shall be on accused. Violation of different Acts shall be reported to concerned Authorities like RTA where the vehicle is Registered and DL is issued, APMC where the lading is effected, AHVS where the violation is detected, originated and destination.
 Adjudication : Our Judiciary is working very hard and prosecution & opposition lawyers are eyes and ears.In most of the cases prosecution, though try, its best, for the sentence and punishment BUT success rate looks brim. Decade old cases can also be seen. Mysore,
Honorable Supreme court of India, Honorable High Court of Karnataka and other States. District and Session Courts and different parts of judiciary have pronounced Judgments time to time on different issues like lodging of FIR, seizure, providing custody, Maintenance, slaughter and on provisions of IPC 153-A etc
Sec 154(1) Cr.P C 1992 Supp (i) Supreme Court Cases 335 Before Justice S. Ratnavel Pandian & K. Jayachandra Reddy)
Sec 301 Cr. PC Locus Standi of Volunteers & Voluntary Organisations in Cattle Cases Allahabad High Court (Lucknow Bench) Cr. Mis Case No.25 of 1996 & The Supreme Court of India Criminal Applette Jur. Cr. Appeal No 68-78 of 1991 (Justice S Raghunandfan, SC Agarwal & ND Ojha)
Interim Custody of Cattle 1992 Crl. L.J 2195 Andhrapradesh Hiogh Court Justice Eswara Prasad , 1988 Maharastra Law Journal 293 Act. CJ CS Dhamadhikari & VP Tipnis J), 1995 Allahabad Criminal Cases Criminal Revision No. 1609 of 1994 Allahabad High court , Supreme Court of India Criminal Appellate Jurisdiction Criminal Appeal Nos. 283-287/2002
Exemption for Slaughter of cows on Bakar Idd is unlawful Hon’ble Supreme court of India AIR 1995 SC 464 Civil appeal No.6790/19 of 1983 Justice SB Majumdar, BL Hansaria & Kuldip Singh
7 Judges Bench of Hon’ble Supreme Court of India Civil appeal Nos. 4937-4940 of 1998 on 26th October, 2005. SCCL. COM 735  CJ RC Lahoti, Justices BN Agarwal,Arun Kumar, GP Mathur, AK Mathur, CK Thakker & PK Balasubramanyan Constitution of India- Article 19(1)(g), 48.48-A & 51-A(g) Majority decision- Ban on slaughter of Cow progeny imposed by Section 2 of Bombay Animal Preservation (Gujarat amendment) Act, 1994 upheld in interest of general public under Article 19(1)(g) from social, religious, and utility point of view considering usefulness of BULLS etc for agriculture, bio gas and ecology – minority decision bulls etc, rendered useless after attaining age of 15 years and considerable decrease in slaughter – ban imposed unreasonable – appeal allowed  
Karnataka Prevention of Slaughter and  Cattle Preservation Bill, 2010 was produced and passed by our legislation to cover most of above vital points without putting any harm or hazard to any innocent but is now is now awaiting accent of H.E. Governor of Karnataka
The Vital points are covered in and improved  from Prevention Of Cow Slaughter And Cattle Preservation Act,1964 making significant departures, starting with the very definition of the word cattle. As the very title suggests, the Bill removes any distinction between cow and cattle and makes slaughter of all forms of cattle including he and she buffaloes a punishable crime. Slaughter of any cattle, irrespective of its age, will be deemed a crime if the Bill replaces the Act.
Total ban Going a step ahead, Clause 5 prohibits not only slaughter, but also usage and possession of beef which would practically mean a complete ban on beef eating. Clause 8 states that not only slaughter, but sale, purchase or disposal of cattle for slaughter when the seller or buyer in question has reason to believe that such cattle shall be slaughtered will be deemed as committing crime. In fact, any perceived abetment of slaughter or attempt to slaughter will also be punishable under the new law.
Clause 14 of the Bill clearly states that whoever abets any offence punishable under the Act or attempts to commit any such offence also attracts punishment. This clause leaves wide room for interpretation, and indeed misuse, on what exactly amounts to abetment.
Huge penalty There is a huge difference in nature of punishment as well, with the Bill introducing a penalty clause (Clause 12 and 13) that did not exist in the earlier Act. It deems slaughter or cause to slaughter of cattle a cognizable and non- bailable offence trial by the court of Judicial Magistrate First Class. An offender may be imprisoned for a minimum of one year and for a maximum of seven years. The fine can range between Rs. 25,000 to Rs. 1 lakh..
Dear Friends, we have assembled in this auspicious Pinjarapole (Goshala) as citizen and implementers of law to update ourselves, Mysore Pinjrapole is fighting against this Crime since many decades  also attending hundreds of Cases at different honorable Courts.  I am initiating the discussion to have the implementation of Rules and Acts in letter and spirit, suggestions and resolutions for different Departments for improved working, timely and effective trial and adjudication and strengthening of institutions working for the safety and preservation of speechless animals.
In service to Human and Humane being
Dr. SK Mittal

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