Dr. SK Mittal B.com (Hons) LLM, P.hD
Member : Karnataka State Gopseva Ayog Govt.
of Karnataka
Chairman Legal Sub Com. Mysore Pinjarapole Society
Sree Kunj 19, 3rd Block,
National Co Convener BJP Cow Development Cell 5th MainJayalakshmi
Puram
Member & In charge Karnataka & Kerala (07) Mysore 570012 (Karnataka)
Animal
Welfare board of India
Ph: 0821 4282005-4255242
Min. Of Env. & Forest Govt. of India Fax 4264005
:09980246400
Member Kerala State Animal Welfare Board E mail: awbikk@gmail.com
President :
Karnataka goshala Mahasangh(r) Blog :gaumata.blogspot.com
Vice Chairman SPCA ® Mysore gaumata
legal.blogspot.com
President Akhil Karnataka Goraksha Sangh ®
Vice President All India Goshala Federation (r)
_______________________________________________________________________________________________________
Dear Friends, 10th Jan., 2015
Wishes on Prosperous and Happy 2015 and Makar
Sankranti, Pongal festival
I welcome
you all in this holy place where thousands of Cow and cattle are served. Most
of them are saved and are in interim custody given by different Honorable
Courts. Speechless animals are looking towards legal safety as provided by the Constitution of
India. 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.
NOTE ON ANIMAL SAFETY LAWS
–IMPLEMENTATION Silent features
Karnataka State is blessed with number of famous cow
breeds like Amrutmahal, Deveni, Kangyam Haalidkar, Krishnavally, Malanad Gidda,
Khillar etc famous for high quality milk and draught power. As per Live Stock
Census 2007, there were Cattle
10,502,520 & Buffaloes
4,326,980.making Karnataka 10th State
in livestock and contributing app.3% to our state GDP.
·
As per Live Stock Sample
Survey State was possessing below 1 year female 18.99Lakhs 1 to 3 years 15.14
lakhs = 34.14. Lakhs and Male 1 year 8.04 & 1 to 3 years5.62 = 13.66 lakhs
·
This figure shows the
quantum of new Birth every year and if we take birth of male and female equal
than Female are 34.13 lakhs where as Male are only 13.66 lakhs. We can presume
that app. 21 Lakh male Calveshas been sent to Slaughter houses even before
their 3 year age for calf beef (Veil) and Calf leather. Same infrence can be
taken that in spite of recorded births which shall be app. 55 lakhs every year,
no increase is visible in live Stock.
·
This fact can be proved
with Datas of Milk production. It is universal truth that milk production is
based on cattle birth. With out Calve birth a Cow will not give milk. State
Milk production is increasing leap and bounds. KMF alone is procuring app. 54
Lakh Litre Milk per day. As per National Data in 2010-11 State produced
51,14,000 MT of Milk and average milk yeild per Cow or buffalo is app 2.4 Liter
per day and per lactation of app 254 days it is app.365 Ltr or say a Calf birth
is required for each 610 Kgs of milk i.e app.83.83 Lakh Calves in 18 months or
say 55.89 Lakh per year.
·
Our finding clear and
verify that app. 50 Lakh Cow, Calves & Buffalo are going to Slaughter
houses in the State and Out side the State.
·
This large number of Cow
Calves and Buffalos are purchsed and 90% at APMC Yards @ App. RS.5,000 per
cattle or say RS. 2,500 Crore and transported to Kerala, Goa, Andhra Pradesh,
Tamilnadu & Maharashtra. This livestock generate
Beef 10,00,000 MT Beef rate
States are above RS.275/- per Kg feteches App. RS.27,500 Crore
Bone 1,00,000 MT.
@ RS. 30/- per Kg 300 Crore
Animal Fat 30,000 MT @
RS.100/-per Kg 300 Crore
Leather 50,00,000
@ RS.3,000/-.perPc1, 500 Crore
Blood 60,000 KL
@ RS.50/- per Ltr
300 Crore
Total
RS.29,900 Crore
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 Excess amount of
app RS. 27,500 Crore is unchecked,
untaxed, and not providing any revenue rather
·
State is spending huge tax payer amount in
Slaughter house opening, maintenance and in public hospitals in citizen
treatment.
·
Meat eaters are deprived of cheap and qualitative Beef
& Meet due to illegal Inter State Transportation
·
Breeders and Farmers are deprived of Quality and strudy Cattle
in competition to Slaughter and inter state demand.
·
As per information Around 10% of amount is spent as
bribe to different concerned Departments.
·
State endevour of high milk production by spending huge
subsidy, is hampering due to illegal Cattle transportation.
·
Adulterated Milk made from Urea & Detergent is playing with the health of next generation
·
Farmers are committing Suicide due to increased cost of Cultivation and
fertilizer.
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, 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
In service to Human and Humane being
Dr. SK Mittal
Helping hands are more
holier than speaking lips
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.
