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
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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
:09980246400
Blog:gaumata.blogspot.com
awbikk-slaughterhouse.blogspot.com
bhulibisriyaaden.blogspot.com
E
mail: gomata@in.com: awbikk@gmail.com
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NOTE ON ANIMAL SAFETY LAWS –IMPLEMENTATION Silent features
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
|
||||||||
No
|
DISTRICT
|
Taluks
|
Hobli
|
Gram Pnchyat
|
Inhabited
Villages
|
Un habited
Villages
|
Cattle & Buffalo
|
|
CATTLE
|
BUFFALO
|
|||||||
1.
|
Chamrajanagar
|
4
|
16
|
120
|
424
|
85
|
269287
|
37752
|
2.
|
Hassan
|
8
|
38
|
258
|
2394
|
165
|
545431
|
190631
|
3.
|
Kodagu
|
3
|
16
|
98
|
291
|
5
|
11616
|
31616
|
4.
|
Mandya
|
7
|
31
|
232
|
1369
|
110
|
314416
|
169658
|
5.
|
Mysore
|
7
|
33
|
235
|
1216
|
124
|
524676
|
70219
|
Karnataka
|
176
|
747
|
5628
|
5705
|
29406
|
9595930
|
4023832
|
|
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
fitness.
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
