CONTENTS
·
INTRODUCTION..……………………………………………………………………………………………………………3
·
AN ANALYSIS OF TRUTH BEHIND
BULLOCK CART RACES IN MAHARASHTRA………………… 3
·
DIFFERENT KINDS OF RACES ORGANIZED IN
MAHARSHTRA………………………………………….. 3
·
CRUELTIES, PAIN & SUFFERINGS WITH PHOTOS…………………………………………………….13
·
VISITS & MEETINGS & ITS RESULTS with
MEDIA REPORTS………………………………………………..11
·
CONCLUSION………………………………………………………………………………………………. 15
ANNEXTURES
·
OPERATIONAL PART OF HON. SC DIRECTION IN AWBI
VS A NAGARAJ & ORS
·
GOVT. OF MAHARSHTRA PCA (BULLOCK CART RACES)
ACT,2017 & RULES
·
HON.BOMBAY HIGH COURT ORDERAWBI
·
ADVISORIES
The
Animal Welfare Board of India is a statutory body established under Section 4
of the Prevention of Cruelty to Animal Act, 1960.The functions of the Board
include the promotion of animal Welfare generally for the purpose of prevention
of cruelty and for protecting animals from being subjected to unnecessary pain
or suffering, in particular, implementing body for the Directions of Honorable
Supreme Court and other Courts.
Honorable
Supreme Court on 7.5.2014 ordered that all such events including Bullock Cart
Races are against the Law and banned. AWBI took the cognizance and informed to
Chief Secretary Maharashtra vide its
letter No. 9-1/2015-16/PCA Dt.28.1.2016.
In
spite of several efforts, Board received several messages and complaint on the
violation of Rules and Hon. SC Directions. Hence, Board again sent an Advisory No 9/2017-18/PCA
Dt.14.5.2018 to The Chief Secretary, Animal Husbandry Commissioner-Govt. of
Maharashtra and all District Collectors, Superintendent of Police (as attached)
informing that it may attract even contempt proceedings.
The
matter was brought to the notice of Honorable Chairman AWBI again in 2nd
Legal Committee meeting and Dr. SK Mittal was permitted to meet the concerned
officials to implement the Rules and Hon. SC Directions and to save the speechless animals from Cruelty
and pain.
Dr.
SK Mittal reached Pune ( Maharashtra Animal Husbandry Headquarter) on 17th
June, 2018 and took the account of situation. He was informed that Bullock Cart
Races are regularly conducted though Honorable Mumbai High court has declined
to permit directing Maharashtra government
to approach Hon. Supreme Court to obtain
relief, if any in the matter. It was
informed that Race is planned even on 17th June and can be seen in
Manchar in Pune District. So, the venue was visited but on getting information organizers flied
away but the location was certainly made fit for the Race.
It
was also informed that races are conducted in most cruel manner in which 100 to
400 Bullock Carts or say 200 to 800 Bulls participation can be seen. There are
several type of Bullock Cart Races organized in different parts of Maharashtra
in violation to all directions. Like
1.Bailgada Sharyat : one of
the popular and oldest type of race conducted mostly in Pune and Ahmadnagar
Districts in which no Cart man is allowed to ride on the cart.Race is
conducted on a made up track with length 150/200 Meters. Two pairs of bulls
will run and Running time between the two ends will be recorded. Both sides
track is barricaded with 3-5’ high wall on which spectators seats to watch
the event.
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2.Shankarpat/ Chhakadi Races in whole Maharashtra known
Shankarpat in Vidarbha and Chhakadi in Western Maharashtra. The Carts driven
by Cart man run parallel on barren land. Track will be 450 Meter app and to
accomodat 5-7 Bullock carts width will be 35 Meters. The Bullock carts
completing in shortest time are identified. Such many rounds will be held and
earlier winning Bulls will be re participated.
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3.Aarart
Parat Sharyat (Not permitted even in new amended Maharashtra Laws) races are mostly conducted in
Sangli- Kolhapur Districts in which Bul pa)ir is tied to a Cart known as
Gadi. Such 25-30 Carts are put together for the Race like Marathon with
single round of 7 or more Kilometers. Spectators move rround them throughout
the race.
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4.Lakud
Ondka Sharyat (Not permitted even in new amended Maharashtra Laws)races
in which bull is tied to a wooden log
weighing 3-700 Kgs known as Onkada and bull has to pull the log upto 150-200
Meters and which piulls in minimum time is declared as winner.
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5.Goda Bail Sharyat (Shembi Gonda) (Not
permitted even in new amended Maharashtra Laws) races are
conducted by pairing one horse with
one bullock in the Cart driven by one Cart man, Two or more carts are
permitted in open barren land with app 3-400 Meter distance and in different
multiple rounds winning cart is declared winners
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6.Chikhaalgutta Sharyat (Not permitted even
in new amended Maharashtra Laws) races mostly in Gadhinglaj Taluk of
Kolhapur Dist in which a wooden implement known as Kulav is tied with bullock driven by one man for
200+ meter in the muddy agriculture land in rainy season.
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7.Bailanchi
Takkar (Not permitted even in new amended Maharashtra Laws) races are organized in Sindhudurg
Dist of coastal Maharashtra in which bull attack other bull on its forehead
and when one bull run awythan other is declared as winner.In Goa it is known
as Dhiro.
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8.
Beach (Kinara) May be permitted even in new
amended Maharashtra Laws) Race are organized in Coastal region like
Raigad, Ratnagiri,Sindhudurg etc Dists on the beaches during low tide for
3+ kilometer upto a stipulated place
returning to starting point bull pair
tied to a Cart with Cart man which cover
the distance in minimum time is declared winner.
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Government
of Maharashtra passed PCA(Maharashtra amendment) Act 2017 but were challenged
in Hon. Mumbai High Court vide PIL (St 23132/32017) which conceded the interim
order prohibiting the conducting of Bullock Cart Races. So as on today Bullock
Cart Races are prohibited in Maharashtra.
Hypothetically,
If it will be allowed than also it will attract PCA(Performing of Animal)
Rules, Transport of Animal Rules apart from State Acts, Rules and Guidelines to
restrict Cruelty, injury, Fatigue on speechless animals.
Scenario:
In spite of Judicial prohibition, stringent Acts & Rules in force, Races
are reported organized in most of the parts of Maharashtra and now told
spreading in Goa & nearby Districts of Karnataka like Belgaum, Vijaypura ,
Gulbarga etc.
It was also gathered that
Races are organized to celebrate even the Birthday of local politicians and/or
death anniversary of any one. Big tycoons are told involved in this cruel
business. Bullock Cart Races are known source of Betting electronically played.
There are several organizations like All India Bullock Cart Races Association,
Maharashtra Bullock Cart Races Association etc. On caught, they say they are
practicing the Bullocks and as per them which is not banned.
Cruelty: In
spite of ban since more than 4 years still hundreds of Ghata, stretches are
kept usable to save the preparation time.
·
Bullocks are warmed up by
cruelly beating and to frightening them.
·
Drugs are monitored
·
Tail not only twisted but
Cart man seen cutting it by his mouth
·
Canning, inserting in inner parts of Bullocks
·
Bullocks are chased with
Sound, abuse, hitting by motorcycle riders
·
Electric shock given by
Specially designed battery operated equipment
·
Pushing Bullocks to win the
race using all cruel methods
· Bullock is
compelled to participate in many rounds in a day and many races in a season.
Photos
of different Cruel, inhuman, injurious, painful illegal action on Bullocks in
Maharashtra Bullock Cart Races in violation of Honorable Supreme Court
Directions
Meetings
and its Result
Sunday
17.6.2017:
Visited Manchar in Pune District and discussed with ground level officials of
Animal Husbandry and Police Departments. Both confirmed that Races are
organizing at several places. More than 400 Ghata – Race Stretches were
informed in existence in Pune District alone
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Monday 18.6.2018 Meeting with Animal Husbandry
commissioner, Govt. of Maharashtra took place. Pune Dy. District
Commissioner Animal Husbandry Dr. Mokane lead to the meeting and welcomed
by Animal Husbandry commissioner
Sri Kantilal Munap IAS. Additional Commissioner and Member Secretary
Maharashtra Animal Welfare Board Dr.
DM Chauhan, Dy. Commissioner Dr. Prashant Bhad, Dr. Renuka and other
officials joined in the participation.
Initially,
Commissioner mentioned about the necessity of Races as a Tradition and
Culture, alarming decline in bull stock, the farmers breeding the race purpose
bulls are unwillingly forced to sale these bullocks to butchers and at a very
low price. Etc. They mentioned about political patronage also and even gave
the copy of letter Dt.19/01/2018 addressed to the Chairman, AWBI asking
Board’s help in lifting the Stay imposed on conducting the Races at least
till the final Verdict of Hon. Supreme Court is voiced.
I placed
before the present that Honorable Supreme Court directions can be lifted or
reduced only by Hon. Supreme Court only. Board has no say in it except
getting it implemented in letter and spirit and so several Advisories has
been given to all law implementing agencies in Maharashtra. Any violation can
attract Contempt against the erring official/ Department. Board mandate is to
stop the Cruelty and pain and all activities which are cruel and painful has
to be stopped even when Honorable Court will lift the ban. Then also present
kind of unrestricted, cruel, painful races will not be permitted. Than also
Board and State Government machinery will have to monitor, Register the
Bullocks, Events and will have to prohibit all cruel and painful activities.
President Maharashtra Bullock cart Races Association was also called to
discuss and situation was explained to him. All present agreed to these
words.
Animal
Husbandry Commissioner agreed to constitute State Level Committee on Bullock
Cart Races and implementation of Board
Advisory. Meeting ended with pleasant note.
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Monday 18.6.2018 Meeting
with Collector Pune District Mr. Naval Kishor Ram IAS held at
around 2 PM. Matter was discussed and as Dy. District Animal Husbandry
Commissioner Dr. Mokane was in earlier State level meeting and could brief
the Collector so a direction was given by him through Additional District
Collector to take immediate action to prohibit the Races in Pune District,
Breakage- dismantling- making non usable the existing Ghats-Stretches and
putting warning Boards etc.
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Monday
18.6.2018 130
KMS away from Pune Satara District
was visited where Satara Dy.Dist Commissioner AH Dr VK Pawar welcomed and
took to Collector office, Mrs Sweta Singhal IAS Collector Satara, RTO,
Dy SP, Animal Husbandry officials participated in the meeting. Copies of FIRs
booked in recent past were provided. A committee was constituted with
Revenue, Police, RTO & Animal Husbandry officials with an assurance of
keeping complainant’s information confidential to provide them safety.
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Tuesday
19.6.2018 Morning
10.30 reached Sangli and welcomed by Dy. District Animal Husbandry
Commissioner Dr Dhakte. Meeting held with Collector Sangli Sri Kalam Vijay
Kumar Patil IAS and attended by CEO Zilla Panchayat, Additional SP, RTO,
Revenue & Animal Husbandry officials. Many animal Activists were also
present. A very prompt decision making
Collector could understood the grievance and immediately not only
dictated rather announced in Media the STEPS initiated by the District administration(as
attached)
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Tuesday 19.6.2018 Kolhapur appx 50 KMS from Sangli was
reached by 4 PM. Dy.Dist. Commissioner Animal Husbandry Dr SR Bharate and
team discussed the matter initially and took to meet Collector Kolhapur
Avinas Subedar IAS. Officials from RTO, Police, Animal Husbandry Revenue
and other Departments were present. Bullock Cart Races matter was discussed
and Collector readily agreed to constitute the Committee and to Crack down on
Law offender.
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Wednesday
20.6.2018 As
in Kolhapur we were reported about Bullock Cart Race in Athani Taluq of
Belgaum District in Karnataka. Matter was informed to Police SP Mr. Sudhir
Kumar Reddy IPS and with his prompt action Race was stopped. I thought it
proper to discuss the matter with Belgaum Dy. Commissioner Sri Ziaullah
IAS and so asked Dy. Director Animl Husbandry & Vet. Services Dr.
Havaldar to fix the meeting. Bullock Cart Races matter was discussed with
all officers present and suitable action was assured s required to prohibit
the Bullock Cart Races and Supreme Court Direction implementation.
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Action
& Media Reports
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The open defiance of SC Directions
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Police
Action after the AWBI visit
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Conclusion:
It is certain that Bullock Cart Races are not
restricted though no official permission to these events. Race organizers are
advertising in Social & print media as attached. They are not hesitating to
fatally attack on informers and
restricting Government officials. These uncontrolled events are subject to all
kind of atrocities and cruelties on Bullocks. This Tour is an eye opener,
motivation, information, strengthening and compelling different law
implementing agencies to work in right direction.
Board has already taken the cognizance of the
violation and shall monitor with regular surprise checks to execute the
Honorable Supreme Court Directions and also represent in Apex Court at
appropriate time with appropriate Guidelines to restrict Cruelty and pain in
case the Races are permitted.
With
regards
Dr
SK Mittal
Annx: Honorable Bombay High
Court Directions in Ajy Marathe V/S. Govt. of Maharashtra & ors
Honorable Supreme Court Directions
in AWBI V/S. A. Nagaraja case in 2014
Maharashtra AH Addl. Com. Letter to
AWBI
Maharashtra PCA (Bullock Cart Races)
Act, 2017 & Order
IN THE HIGH COURT OF JUDICATURE AT
BOMBAY
CIVIL APPELLATE JURISDICTION
PUBLIC INTEREST LITIGATION (STAMP)
NO 23132 of 2017
Ajay Marathe Petitioner
V/S
The State of Maharashtra &
Ors Respondents
Mr. A.V. Anturkar, Senior Advocate with Kalyan
Tulankar for Petitioner
Mr. S P Chinoy, Senior Advocate with
Mr. B Vagyani GP,. Mr. P G Sawant, A.G.P. Mr. V.B. Thandani A.G.P, Ms.
Geethnjli Golatkar A.A.G.P & Mr. Rohan Sawant A.A.G.P. for the Respondant –
State
Mr. Parag Vyas for Respondent –
Union of India
CORAM: DR.MANJULA CHELLUR, CJ & N.M. JAMDAR J.
DATE : 11TH OCTOBER,2017
P.C.:-
1. Learned senior counsel Mr. Chinoy brings to
the notice the proposed rules brought by the State of Maharashtra now proposed
to be made under the heading of Maharashtra Prevention of Cruelty of
Animals(Conduct of Bullock Cart race) Rules,2017, especially the proposed rules
4,5 and 6 to permit bullock cart race contending that from the scheme now
proposed to be brought under the guise of rulesbullock cart race in a proper
and regulatory manner especially to eliminate the so called cruelty pain and
suffering ehich can not be caused during the course of bullock cart race.
2. On the earlier occasion, when we
passed interim order of 16th
August,2017 after referring to
oaragraphs 43 and 44 in the judgement in Animal Welfare Board of India vs. A
Nagaraja & Ors,. we opined how
the State Government is intending to conduct the bullock cart races as
described at para 5 and 6. We made said observations mechanism or procedure
under which rces could be conducted which does not cause pain or suffering to
the animals, as observed by the Apex Court in the above judgement. At paragraph
6 after the State undertook to place on record a detail affadvit explaining
their stand, since the State undertook not to give the permission till the
rules are brought in force, we have observed that the State has to place
material before this Court how they are
applying their mind for granting
permission to conduct such races, so tht we can give further directions in the
matter. At tht point of time, we opined that till such material is places
before this Court, there shall not be any grant or permission in any part of
the State of Maharashtra to conduct the bullock cart races. Now after filing
the affadavit in reply on behalf of the respondent-State, they have annexed the
proposed rules as stated above and brought to our attention rules 4,5&6
contend that they have brought the scheme in the form of rules to avoid pain
and suffering which could be caused during the bullock crt races. We have
perused said rules.
3. Prima facie, at this stage, we are of
the opinion that the above rules 4, 5, and 6 may not remove the observations of
the Apex Court at paragraph 43 & 44. Their Lordships have distinguished the
bulls from other animals, like horse which can take part in races. Prinot take
away the obervations made by the Apex Court. So also even the amended section 3
refers to the fact that the bullock cart races could not subjecting animals to
cruelty, pain and suffering.
4.
Prima facie, since the Apex Court made the observtions that from
conducting the bullock cart race subjecting the bullock to such races, which is
not automatically designed for such race woul mean subjecting animals to pain
and suffering, we are of the opinion that till the matter is disposed of on
merits, the bullock cart races will not be conducted within the State of
Maharashtra and no such permission can be granted by any authority, even after
notifying the proposed rules.
(N.M. JAMDAR J) (CHIEF JUSTICE)
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 5387 OF 2014
(@Special Leave Petition
(Civil) No.11686 of 2007)
Animal Welfare Board of India ….
Appellant
VersusA. Nagaraja & Ors. …. Respondent
WITH CIVIL APPEAL NO. 5388 OF 2014(@ Special Leave Petition (Civil) No.10281 of 2009)
CIVIL
APPEAL NOS. 5389-5390 OF 2014(@ Special Leave Petition (Civil) Nos.18804-18805
of 2009)
CIVIL
APPEAL NO. 5391 OF 2014(@ Special Leave Petition (Civil) No.13199 of 2012)
CIVIL
APPEAL NO. 5392 OF 2014(@ Special Leave Petition (Civil) No.13200 of 2012)
CIVIL
APPEAL NO. 5393 OF 2014(@ Special Leave Petition (Civil) No.4598 of 2013)
CIVIL
APPEAL NO. 5394 OF 2014(@ Special Leave Petition (Civil) No. 12789 of 2014)
@
SLP(C) CC…4268 of 2013)WRIT PETITION (C) NO.145 OF 2011
AND T.C. (C) Nos.84, 85, 86,
97, 98 and 127 of 2013
CORAM : K.S. RadhakrishnanJ. (Pinaki Chandra Ghose)
43. PCA Act, a welfare legislation, in our view,
over-shadows or overrides the so-called tradition and culture. Jallikattu and
Bullock cart races, the manner in which they are conducted, have no support of
Tamil tradition or culture. Assuming, it has been in vogue for quite some time,
in our view, the same should give way to the welfare legislation, like the PCA
Act which has been enacted to prevent infliction of unnecessary pain or
suffering on animals and confer duties and obligations on persons in-charge of
animals. Of late, there are some attempts at certain quarters, to reap maximum
gains and the animals are being exploited by the human beings by using coercive
methods and inflicting unnecessary pain for the pleasure, amusement and
enjoyment.
We have a history of doing away with such evil
practices in the society, assuming such practices have the support of culture
and tradition, as tried to be projected in the TNRJ Act. Professor Salmond
states that Custom is the embodiment of those principles which have commended
themselves to the national conscience as the principles of justice and public
utility. This Court, in N.Adithayan v. Thravancore Dewaswom Board and
Others(2002) 8 SCC 106, while examining the scope of Articles 25(1),
2(a), 26(b), 17, 14 and 21, held as follows: “18………. Any custom or usage
irrespective of even any proof of their existence in pre-constitutional days
cannot be countenanced as a source of law to claim any rights when it is found
to violate human rights, dignity, social equality and the specific mandate of
the Constitution and law made by Parliament. No usage which is found to be
pernicious and considered to be in derogation of the law of the land or opposed
to public policy or social decency can be accepted or upheld by courts in the
country.
44. As early as 1500-600 BC in Isha-Upanishads, it is
professed as follows:
“The universe along with its creatures belongs to the
land. No creature is superior to any other. Human beings should not be above
nature. Let no one species encroach over the rights and privileges of other
species.”
45. In our view, this is the culture and tradition of
the country, particularly the States of Tamil Nadu and
Maharashtra. ..............................
77. We, therefore, hold that
AWBI is right in its stand that Jallikattu, Bullock-cart Race and such events per
se violate Sections 3, 11(1)(a) and 11(1)(m)(ii) of PCA Act and hence we
uphold the notification dated 11.7.2011 issued by the Central Government,
consequently, Bulls cannot be used as performing animals, either for the
Jallikattu events or Bullock-cart Races in the State of Tamil Nadu, Maharashtra
or elsewhere in the country.
.................Operative
portion
We, therefore, make the following
declarations and directions:
(1) We declare that the
rights guaranteed to the Bulls under Sections 3 and 11 of
PCA Act read with Articles 51A(g) &(h) are cannot be taken away or
curtailed, except under Sections 11(3) and 28 of PCA Act. (2)We declare that
the five freedoms, referred to earlier be read into Sections 3 and 11 of PCA
Act, be protected and safeguarded by the
States, Central Government, Union Territories (in short “Governments”), MoEF
and AWBI.
(3) AWBI and Governments are
directed to take appropriate steps to see that the persons-in-charge or care of animals, take reasonable measures to
ensure the well-being of animals.
(4) AWBI and Governments are
directed to take steps to prevent the infliction of unnecessary pain or
suffering on the animals, since their rights have been statutorily protected
under Sections 3 and 11 of PCA Act.
(5) AWBI is also directed to
ensure that the provisions of Section 11(1)(m)(ii) scrupulously followed,
meaning thereby, that the person-in-charge or care of the
animal shall not incite any animal to fight against a human being or another
animal.
(6) AWBI and the Governments
would also see that even in cases where Section 11(3) is involved, the animals
be not put to unnecessary pain and suffering and adequate and scientific
methods be adopted to achieve the same.
(7) AWBI and the Governments
should take steps to impart education in relation to human treatment of animals
in accordance with Section 9(k) inculcating the spirit of Articles 51A(g) &
(h) of the Constitution.
(8) Parliament is expected to make proper
amendment of the PCA Act to provide an effective deterrent to achieve the
object and purpose of the Act and for violation of Section 11, adequate
penalties and punishments should be imposed.
(9) Parliament, it is
expected, would elevate rights of animals to that of constitutional rights, as
done by many of the countries around the world, so as to protect their dignity
and honor.
(10) The Governments would
see that if the provisions of the
PCA Act and the declarations
and the directions issued by this Court are not properly and effectively
complied with, disciplinary action be taken against the erring officials so
that the purpose and object of PCA Act could be achieved.
(11) TNRJ Act is found
repugnant to PCA Act, which is a welfare legislation, hence held
constitutionally void, being violative or Article 254(1) of the Constitution of
India.
(12) AWBI is directed to take effective and
speedy steps to implement the provisions of PCA Act in consultation with SPCA
and make periodical reports to the Governments and if any violation is noticed,
the Governments should take steps to remedy the same, including appropriate
follow-up action.
78. Appeals, transferred
cases and the Writ Petition are disposed of as above, setting aside the
judgment of the Madras High Court, but upholding the judgment of Bombay High
Court and the notification dated 11.7.2011 issued by the Central Government.
In the facts and
circumstances of the case, there will be no order as to costs.….J.
(K.S. Radhakrishnan)………… …J.(Pinaki Chandra Ghose)...
Letter to AWBI
in Jan.2018
Government of Maharashtra notification onApril 6,2017 on
Bullock Cart Races regulation but not accepted by Honorable Bombay high Court
The
ban is very wide, and absolute. Races and other events involving bulls Bullocks,
Cattle etc. can not be conducted. The judgement passed by the Court is
also available at our Website www.awbi.org.
The permission granted and conducting of this
race is clear violation of the
Supreme Court judgment, and in fact tantamount to Contempt of Cour.
The
Animal Welfare Board of India has forwarded the copy of the Supreme Court Order
dt.7.5.2014 to the Chief Secretary and Director General of Policeof all States/
U.T’s for Information and to take necessary action to ensure that the direction
of Court are implemented in letter and spirit, A Copy of the Order is vilable
in our Website www.awbi.org.
The directions of the Supreme Court in Para No. 77 of the Order may be seen.
It is therefore requested
that immediate action be taken against the offenders and to ensure that such illegal events are not allowed to
take place anywhere or at any time in future. The Action Taken Report may be
sent to the Board immediately for taking necessary action.
Yours
faithfully
S/D
Secretary
Encls: As above
Copy
to for information and further necessary action please
1. The
Collector of all the Districts of Maharashtra
2. The
Superintendent of Police of all the Districts of Maharashtra
3. The
Commissioner, Animal Husbandry and Veterinary Services. Govt. of Maharashtra
कोई टिप्पणी नहीं:
एक टिप्पणी भेजें