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Padayatra America Safety/Legal Concerns

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Dear Maharajas and Prabhus,

 

Please accept our humble obeisances. All glories to Srila Prabhupada!

 

Just recently an incident concerning Padayatra America in Alachua was

brought to our attention. It concerns a situation that could have concluded

in bodily injury or death to devotees, non devotees and the Padayatra

horses. We have answered the concerned letter below, and considering the

seriousness of the incident, have asked further questions. We greatly

appreciate the austerities that the prabhus of Padyatra America are

undergoing to perform their service but there are certain legal, medical,

teamster qualifying requirements that should be met so Srila Prabhupada's

house is not put in jeopardy by accidents and/or careless behavior.

 

Also included at the end of the letter is Standard 7, Traveling and

Preaching Programs, of ISKCON Law 507 The Minimum Cow Protection Standards.

This is for your further information as to what is considered safe in such

programs.

 

For a short time there was an exchange on the cow conference ( therefore

the cow conference is a receiver) about the use of horses instead of oxen

for Padayatra America. Below the answer to the concerned letter is just

two of the cow conference exchanges which contain a couple of relevant

points.One point is that there is no reply from the devotee in charge of

Padayatra America to the concern of laws and diseases. In transporting

animals from state to state you are required to abide by state laws for

bringing animals into the state. These laws are mostly about health

considerations.Are these being met?

 

When ISCOWP traveled with oxen to do Rathayatra festivals as well as non

devotee events we carried a Insurance policy of $1,000,000 for property and

liability. This is standard to be able to do anything in a public place.

The Festival Of India also carries their own insurance policy. The policy

that we had allowed other parties to be added to the policy for whatever

days we were in their zone and participating in their Festival/event.

Depending on the state(California was the toughest), there was always

additional parties added to our policy so that if anyone got hurt by the

oxen or property damaged then the Dept of Parks and recreation(for example)

was also covered on our insurance policy.

 

My additional questions are: Does Padayatra America have their program

covered by an Insurance Policy? Is this Padayatra America authorized by

ISKCON to travel and preach on behalf of ISKCON? What branch of ISKCON has

given the authorization and who has made sure that all necessary legal and

medical procedures will be met by the Prabhus operating the daily

activities of this Padayatra?

 

I am looking forward to the timely reply of responsible parties. Thank you.

 

Your servant,

Balabhadra das

ISKCON Ministry for Cow Protection and Agriculture

 

Dear Ganesa Prabhu,

 

PAMHO. AGTSP.

 

When

> I arrived, I noticed that both the Clydesdales (horses) pulling Gaura

> Nitai were drenched in sweat. They looked very tired and perhaps it was

> because they had already walked at least 15 miles from the Alachua farm,

> into Gainesville.

 

What was the temperature and humidity ? After walking from Alachua what

was the rest period for the horses before starting the Harinama with the

devotees? Were the horses given shade and water?

 

> Many times during the kirtana, the horses and the kirtana party were only

> separated by about 12-18 inches and many women and children walked

> alongside the team. It appeared that there were no 'wheel guards', to

> keep people away from the feet of the horses and the wheels of the cart.

>

 

It is important that a safe distance be maintained between big animals and

people. As you have now seen big animals can move very fast and in an

unpredictable manner. Carts should also have wheel guards just as a matter

of common sense safety.

 

> I had been in the kirtana for about 30 minutes, when I turned again and

> saw one of the team, about 6 feet from the kirtana party, with his tongue

> hanging quite far out of his mouth and straining severely. (S)he looked

> extremely exhausted and 'emotionally' very stressed. Being engaged in the

> kirtana I assumed that the horses caregiver/driver was aware of the

> situation and knew how to handle them. About 15 minutes later he stopped

> them and placed a bucket which I assumed was water for them, in front of

> them. At this time the kirtana party was about 50 feet from them.

>

 

When working animals have their tongues hanging out like this it is called

PULLING THEIR TONGUES. It is an indication that the animal is in a heat

stressed condition and should immediately be taken out of the work mode.

The animal should be given shade and after cooling down some what the

animal can be given water. After a race horse goes through its training it

is always" hot walked" before being given water. When the tongue is pulled

the animal should be allowed to rest for several hours and maybe for the

rest of the day depending on the condition of the animal.

 

Suddenly and for no apparent reason at the time, the team bolted and

> started running wildly out of control, towards the kirtana revelers. The

> driver was trying to stop them, very unsuccessfully. Somehow, Krsna in

> their hearts directed the team away from the devotees and they smashed

> into a large vehicle which was stopped on the opposite side of the road,

> along with much traffic. The 'hanging-tongued' horse and the cart had hit

> the side of the car very heavily and everyone was completely stunned, but

> somehow the cart was wedged into the car, thus preventing the team from

> moving any further. They were still trying rather wildly to move, but by

> Krsna's mercy no devotees (and especially children), had been hurt.

 

Part of the problem when a team bolts is the noise made by the cart or

whatever implement is behind the team. As the team runs the noise from the

cart scares them and makes them think that something is chasing them.

Because they cannot turn around to see what it is that is causing the noise

they keep running until the cart is destroyed and no longer makes noise, or

they just stop from total exhaustion or they are stopped by an immovable

object. In this case they were stopped rather quickly by an immovable

object. Krsna's mercy.

 

Were there any injuries to animals or humans? What was the condition of

the large vehicle and cart?

 

When the horses finally were settled down what was done with them?

 

> My own limited perspective in witnessing this event was/is that,

> 1. surely the driver/caregiver should have known that his team of

> extremely, strong horses COULD do such a thing at any given moment and

> thus there should always have been ample space (100 meters?) between the

> horses and the devotees. And knowing such a thing, there should have been

> precautions taken by him and the temple authorities, to prevent harm from

> coming to any person. There were no real safety precautions that I could

> see, especially since the horses were able to brush up against us in the

> kirtana.

 

The first question is of the qualification of the teamster? What is his

history working with horses? Is he a qualified ,experienced teamster?

Its one thing to work with animals in an agricultural setting, but to have

big animals around people and automobiles in a parade setting is a big

responsibility for the teamster. I have received more information from the

devotees that the actual cause of the horses bolting was that the

teamster/driver was trying to cool down the horses. I was told that he

took the "bits" out of the horses mouths and offered them a bucket of

water. The horses did not drink so the driver splashed the bucket of water

on the back of the horses and that this cold water hitting the hot horses

is what spooked them and caused them to bolt.

 

When I traveled with oxen doing the Rathayatras we always led the

procession. One reason was that out in front if I needed to move away from

the procession with the oxen I could do so as I was not boxed in. Another

reason was that the oxen(bullocks) represent Dharma, which in the case of

the horses does not apply.

 

2. If he did NOT know his team was capable of this then he (and the

> temple authorities) certainly should not have risked such a venture.

> 3. No children should have been on such a cart.

 

What is the qualification of the teamster? What is the history of his

horses? How long have they been working together and in what conditions?

One would think that parents would be asking these questions before putting

their young children on the cart. I would assume that among the parents of

Alachua yatra that these will be standard questions in the future.

 

> 4. The cart should have been in front of the procession with the devotees

> behind.

 

This is the safest.

 

This dangerous situation could not have occurred if oxen had been used

> instead of horses because there is no way they could react and run as

> quickly and as wildly as the clydesdales did.

 

It could have happened with oxen. I have seen teams run from inexperienced

teamsters. The general rule of thumb is that the team is only as good as

the teamster.

 

Your servant,

Balabhadra das

ISKCON Ministry for Cow Protection and Agriculture

 

Text PAMHO:7771935 (66 lines)

Internet: "Noma Petroff" <npetroff (AT) bowdoin (DOT) edu>

30-Jan-04 14:41 (09:41 -0500)

Kalavatidevi108 (AT) aol (DOT) com

Cc: Cow (Protection and related issues) [6652]

Reference: Text PAMHO:7771741 by Kalavatidevi108 (AT) aol (DOT) com

Padayatra - oxen or horses?

---------------------------

 

One more consideration is that dairy farmers and beef farmers are

becoming more and more aware of many diseases (such as Johnne's disease,

hoof and mouth disease, etc.) which can be transferred between cattle.

Thus, their decision to use horses could be based on the fact that

there are probably fewer USDA restrictions these days for moving horses

across state lines than there would be for oxen.

 

Why not ask them about whether this aspect was partly influential in

their decision to use horses? Please report back to us. I'm sure the

rest of us would be interested to know.

 

your servant,

 

Hare Krsna dasi

 

(Text PAMHO:7771935) ------

 

 

Text PAMHO:7785591 (93 lines)

Internet: Kalavatidevi108 (AT) aol (DOT) com

03-Feb-04 00:02 (19:02 -0500)

Cow (Protection and related issues) [6685]

Comment: Text PAMHO:7785660 by Internet: Noma Petroff

Fwd: Padayatra america

---------------------------

Hare Krishna everyone. I just received this very nice reply from Padayatra

America. I had written them regarding their use of horses instead of oxen.

Interestingly, the prabhu doesn't even mention laws or diseases, but

explains

many other practical reasons, as to the reasoning behind the decision to use

horses.

 

------------------------------

 

Mon, 2 Feb 2004 12:45:29 -0500 (GMT-05:00)

gauranga <padayatra (AT) earthlink (DOT) net>

gauranga <padayatra (AT) earthlink (DOT) net>

kalavatidevi108 (AT) aol (DOT) com

Padayatra america

 

dEAR kalavati devi matalli

 

Please accept my humble obeisances

all glories to SRila Prabhupada

 

yes, the local padaytars are doing very nice SRi SRi Nitai gourasundar-Lord

Nrshimhadev are inspiring so many devotes every week [between 80 to 100]; we

will be in alachua till march then if Their Lordship bless us continuo

towar

New talavama - Mexico.

 

why horses insted of oxens; there is few reason, after doing

reserch in UNiversities , talking with devortes,padayatras lideres fron

previous experiences , and expet in the mater, we come to the conclution

that oxen-

american breeds are not good for work in tropical-hot weather as will be

most of the time where Padayatra

will be[south usa , mexico centro and south of america]; the only breed

that can tolerate higth

temperatures is braman[from india] thier constitution is cientificatly

diferent that all other breeds, for exemplo they can perspirate by the skin

as

horses do , the rest of breed only perspirate by the tongh-MOUTH wich don't

allow them to recuperate as quick in hot wether; so here in America was not

posible to find bramans with training [ our priority is to go out to

preach

insted of spend 3 years training and oxen] ; in the other hand horses can

tolerate much better higth temperatures ; another reason is the shooing[put

shoes in their feets] of the oxens is

very dificult because the oxen can not stand in 3 legs therefore you

need to trow them to the floor which meens a lot o dificulties, also the

oxen have a very thin hoof-wall in comparation whit horses meening that

thier

hoof-wall will be quicker deteriorate in a hard surface work[as we do 15

to 20

miles a day]; devotes of previous experience in USa and south America

have a lot of bad

experience with this two point[hot wheater and shoes].; in the other hand

horses if you teach them to trust you they will stand in three legs[oxens

NEVER will do

this] for long time meaning you do the job in a smooth way ;

 

so after 1200 miles -1950 km we have not doubt that this was and exelent

desition, Their Lordship choose Kana- Balaji Das[devotes-horses] to do this

novel service ;this team of hhorse-devotes, have been working every day in

temperatures betwen 35 F till 110 F with out problem , their hoof are very

good and their disposition to travel is greet!! they LOve to serve This

Sankirtan Mission!!!

 

 

the more important reason for this success .. senior Vaisnavas blees us!!

meaning that the LOrd;

Si Sri Nitay Gourasundar and Lrd Nrshimha chosse them to do this

service.

 

please keep us in your prayers!!

your servant in Prabhupada's padayatra

Avadhuta Siromani d

HARE KRSNA

PS/ IF YOU NEED ANYTHING ELSE ..PLEASE WRITE TO US!1

 

i

(Text PAMHO:7785591) ------

 

VII TRAVELING AND PREACHING PROGRAMS

 

(Such programs represent ISKCON to the public. If there is an unfortunate

incident it is ISKCON that can be sued and attacked, not the individuals

handling the animals.)

 

Recommended

• 1) Before traveling, all oxen must be well trained with a proven working

reliability by an experienced teamster.

• 2) All cows and calves involved must be trained to voice commands and/or

halter broken.

• 3) All local laws of health, safety and insurance must be followed.

• 4) All animals in such programs must have had previous experience in the

association of people so as to not be in a state of shock when taken to be

viewed by a crowd.

• 5) The health, safety and general well-being of all animals and people in

such programs and people observing such programs takes priority over

achieving inappropriate daily distance or preaching goals.

• 6) There must be fair and considerate treatment of any uncooperative

animal.

• 7) Oxen should be handled by experienced teamsters only.#

• 8) Cows, calves should be handled by persons approved by the primary

cowherd. They should have had some previous experience caring for the

animal.

• 9) Daily health check of all animals. A sick animal is one which is:

noticeably unwell, has temperature, not eating, or diseased. Appropriate

remedial measures must be taken.

• 10) Transported Oxen must be well-provided at all times with the

following:

a) Sufficient space to lie down and rest.

b) Sufficient ventilation, sunlight and protection from bad weather.

c) Legally safe & secure transport facilities (doors closed while

traveling, vehicles and/or trailers must be a in well maintained condition).

d) Sufficient food, water, and vegetarian salt.

e) Sufficient exercise by being un-trailered at night and when not

traveling.

f) Daily brushing.

• 11) Walking Oxen

In addition to all the above:

a) Appropriate and timely foot care (including shoeing, when needed).

b) Extra rest time and health care.

c) Their load must be appropriate to their strength power, health, and age,

and approved by an experienced teamster.

d) Legs and feet of walking oxen should be given special attention during

health check.

• 12) On a monthly basis, the oxen should have a complete health

examination by a local government or approved veterinarian.

• 13) Short concise records of health and temperament of the oxen, local

land conditions, weather, distances traveled, and public interest shown to

the oxen should be kept on a daily basis.

 

Permitted

• 1) If the person handling the oxen is not an experienced teamster he must

be in training and under the strict supervision of an experienced teamster.

 

Not Allowed

• 1) Training programs consisting of only 1 to 7 days previous to beginning

traveling.

• 2) Failure to provide sufficient supervision of public access to the

cows, resulting in

abuse to the cows.

• 3) Initiating a traveling preaching program with bullocks without

sufficient provision for

a suitable place for retirement and cowherd care.

• 4) Failure to provide animals the recommended and permitted.

 

 

 

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