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GUIDELINES FOR ANIMAL RIGHTS ACTIVIST IN INDIA - NARESH KADYAN

 

Naresh Kadyan, Representative of OIPA in India - Chairman PFA Haryana,

15.05.2009 03:13

 

ANIMAL PROTECTION LAWS FOR THE GUIDANCE

OF POLICE, HAWOs, NGOs AND AWOs, To join animal rights & their welfare movement

in India, please contact People for Animals (PFA) Haryana - OIPA INDIA -

09813010595, 09313312099, write:- C-38, Rose Apartment, Prashant Vihar,

Sector-14, ROHINI, DELHI -110085.

 

The Prevention of Cruelty Animals Act,1960

Q 1) What amounts to cruelty on animals?

A) Section 11 (1) (a) to (o) of The Prevention of Cruelty to Animals Act, 1960

prescribes

and enumerates the forms of cruelty mentioned hereunder:

Sect 11(1)(a) Beating, Kicking, Over-riding, Over-driving, Over-loading,

Torturing,

Causing unnecessary pain or suffering to any animals;

(b) Employing any animal which, by reason of its age or any disease, unfit to be

so

employed, and still making it work or labour or for any purpose;

© Wilfully and unreasonably administering any injurious drug or injurious

substance;

(d) Conveying or carrying, either in or upon any vehicle in such a manner as to

subject it

to unnecessary pain or suffering;

(e) Keeping or confining any animal in any cage or any receptacle, which does

not

measure sufficiently in height, length and breadth to permit the animal a

reasonable

opportunity for movement;

(f) Keeping for an unreasonable time any animal chained or tethered upon an

unreasonably heavy chain or chord;

(g) Being the owner, neglects to exercise or cause to be exercised reasonably

any dog

habitually chained up or kept in close confinement;

(h) Being the owner of any animal fails to provide such animal with sufficient

food, drink

or shelter;

(i) Being the owner, without reasonable cause, abandons any animal in

circumstances,

which render it likely that it will suffer pain by reason of starvation or

thirst;

(j) Wilfully permits any animal, of which he is the owner to go at large in any

street while

the animal is affected with a contagious or infectious disease, or without

reasonable

excuse permits any diseased or disabled animal, of which he is the owner, to die

in any

street;

(k) Offers for sale or without reasonable cause, has in his possession any

animal which is

suffering pain by reason of mutilation, starvation, thirst, overcrowding or

other illtreatment

(l) Mutilates any animal or kills any animal (including stray dogs) by using the

method of

strychnine injections in the heart or in any other unnecessarily cruel manner;

(m) Solely with a view to providing entertainment -

(i) Confines or causes to be confined any animals (including tying of

an animal as bait in a tiger or other sanctuary) so as to make it an

object of prey for any other animal;

(ii) Incites any animal to fight or bait any other animal.

(n)Organizes, keeps, uses or acts in the management of any place for animal

fighting or

for the purpose of baiting any animal or permits or offers any place to be so

used or

receives money for the admission of any other person to any place kept or used

for any

such purposes;

(o) Promotes or takes part in any shooting match or competition wherein animals

are

released from captivity for the purpose of such shooting.

Q 2) Is treating animal cruelly, a punishable offence?

A) Yes. If any animal is subjected to any form of cruelty specified treated in

any cruel

way, in any of the ways provided under Section11 (a) to (o) of The Prevention of

Cruelty

to Animals Act, 1960, the offender (in the case of a first offence) will have to

pay 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

the

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.

Q3) What are Cognizable and Non-Cognizable offences?

A) Section 2 © of the Code of Criminal Procedure, 1973 defines ?Cognizable

Offence?. The cognizable offences means that such of the offences wherein

Police Officer is empowered to arrest the accused/ offender without warrant. All

cognizable offences comes under the specified offences under the Indian Penal

Code such as Murder, Robbery, Theft, Rioting, Counterfeiting etc.

B) Section 2 (l) of the Code of Criminal Procedure, 1973 defines ?Non-Cognizable

Offences?. The non-cognizable offences are such offences where the Police

Officer is not empowered to arrest the accused/offender without warrant. In the

commission of any Non-Cognizable Offences, the Police Officer should obtain a

warrant from the Magistrate concerned to arrest the accused/offender. The cases

of Public nuisance, Mischief, Assault, Causing Simple Hurt, are some of the

offences which are Non-Cognizable Offences.

Q 4) What are the common offences against the PCA and which ones are

cognizable?

A) The following tabulation/chart enumerates the forms of offences ? Cognizable

and

Non-Cognizable under the PCA Act, 1960:

Nature Of Offence Section Violated Cognizable (Cog.) Or

Non-Cognizable (Non-

Cog.)

Beating, Kicking, Overriding,

Over-driving, Overloading,

Torturing, Causing

unnecessary pain or

suffering to any animals;

Section 11(1)(a) Non-Cog

Employing any animal

which, by reason of its age

or any disease, unfit to be

so employed, and still

making it work or labour or

for any purpose;

Section 11(1)(b) Non-Cog

Willfully and unreasonably

administering any injurious

drug or injurious substance;

Section 11(1) ( c) Non-Cog

Conveying or carrying,

either in or upon any

vehicle in such a manner as

to subject it to unnecessary

pain or suffering;

Section 11(1) (d) Non-Cog

Keeping or confining any

animal in any cage or any

receptacle which does not

measure sufficiently in

height, length and breadth

to permit the animal a

reasonable opportunity for

movement;

Section 11(1)(e) Non-Cog

Being the owner, neglects

to exercise or cause to be

exercised reasonably any

dog habitually chained up

or kept in close confinement

Section 11 (1)(g) Non-Cog

Being the owner of any

animal fails to provide such

animal with sufficient food,

drink or shelter;

Section 11(1)(h) Non-Cog

Without reasonable cause,

abandons any animal in

circumstances which render

it likely that it will suffer

pain by reason of starvation

or thirst;

Section 11(1)(i) Non-Cog

Willfully permitting any

animals, of which he is the

Owner to go at large in any

street while the animal is

affected with contagious or

infectious disease, or

without reasonable excuse

permits any diseased or

disabled animal, of which

he is the owner, to die in

any street;

Section 11(1)(j) Non-Cog

Offers for sale or without

reasonable cause, has in his

possession any animal

which is suffering pain by

reason of mutilation,

starvation, thirst,

overcrowding or other illtreatment

Section 11(1)(k) Non-Cog

Mutilates any animal or

kills any animal (including

stray dogs) by using the

method of strychnine

injections in the heart or in

any other unnecessarily

cruel manner;

Section 11(1)(l) Cog.

Solely with a view to

providing entertainment

1) Confines or causes to be

confined any animals

(including tying of an

animal as bait in a tiger or

other sanctuary) so as to

make it an object of prey for

any other animal;

2) Incites any animal to

fight or bait any other

animal.

Section 11(1)(m) Non-Cog

Organizes, keeps, uses or

acts in the management of,

any place for animal

fighting or for the purpose

of baiting any animal or

permits or offers any place

to be so used or receives

money for the admission of

any other person to any

place kept or used for any

such purposes;

Section (1)(n) Cog.

Promotes or takes part in

any shooting match or

competition wherein

animals are released from

captivity for the purpose of

such shooting.

Section 11(1)(o) Cog.

If any person performs upon

any cow or other milch

animal the operation called

phooka or any other

operation, including

injection of oxytocin given

by dairies to their milch

animals in order to induce

milk, which is injurious to

health

Section 12 Cog.

Q5) Can an individual ?arrest? someone who is treating an animal cruelly and

bring

him to a police station?

A) Any person or individual under whose presence any offence under the Act is

committed, such person can immediately lodge a written complaint with the

nearest

Police Station for taking action.

Q 6) What are the powers that a police man can exercise when he see the cruelty

being done on animals?

A) Section 34 of The Prevention of Cruelty to Animals Act, 1960 provides the

general

power of seizure for examination to the police officer above the rank of

constable. If the

police officer comes to know about an offence against commission of any offence

under

PCA Act has been committed or is been committed on any animal, he can seize the

animal and produce the same for examination by the nearest magistrate or by the

Veterinary Officer. Whether it is the case of overloading of animals or beating

of animal

or any offences under this PCA Act, the police have the power to seize the

animals and

send them to infirmaries for the treatment and care of animals. This is provided

under

Section 35 of The Prevention of Cruelty to Animals Act, 1960. Section 35 states

that the

animals are to be detained and have to be produced before the magistrate.

Animals are to

be treated and cared for in an infirmary, until they are fit for discharge. The

animal sent

for care and treatment to an infirmary cannot be released from such places

unless the

veterinary officer issues the certificate of its fitness for discharge. The cost

of

transporting the animal to an infirmary and its maintenance and treatment in an

infirmary,

has to be paid by the owner of the animal.

Q 7) If a person kills another person?s dog or any other pet deliberately, what

action

should be taken?

A) Killing of an animal/pet is illegal and its is an offence being to cruelty on

animals as

defined under Section 11of The Prevention Of Cruelty to Animals Act. It is a

cognizable

offence under Section 428 and Section 429 of the Indian Penal Code. Section 428

of the

IPC deals with the punishment for committing mischief by killing, poisoning,

maiming

or rendering useless any animal or animals of the value of ten rupees or

upwards. The

punishment for such acts/offences are simple or rigorous imprisonment for a

term, which

may extend to two years, or with a fine, or with both. While Section 429 of the

IPC

deals with the punishment for the same nature of crime but for the animals of

the value of

fifty rupees or upwards. It must be immediately lodged as an F.I.R with the area

police

station. The punishment in this case will be imprisonment of either description

for a

term, which may extend to five years or with a fine, or with both.

Q 8) What is the legal action to be taken on a complaint of stealing of a dog or

any

other animal?

A) Section 378 of Indian Penal Code deals with ? Theft?, stating that whoever,

intending

to take dishonestly any movable property out of the possession of any person

without

that person?s consent, moves that property in order to such taking, is said to

commit theft.

And the property, under this section includes ?animals? too. The section itself

explains the

matter related to animals. A person, who by any means causes an animal to move,

is said

to move that animal without the consent of the owner.

For example; A, being Z?s servant and entrusted by Z with the care of his dog,

takes the

dog and sells it to the other party, without Z?s consent. The act of A will

amount to theft.

A Pet, or any other animal within the possession of the owner is considered to

be the

property of the owner. And any property taken away from the owner without the

consent

of the owner, amounts to theft.

Section 379 of Indian Penal Code, penalizes ?theft?. Under this Section, the

punishment

of theft is imprisonment of either description for a term, which may extend to

three years,

or with fine, or with both.

So, like in any other theft case, the procedure will be the same. When a person

approaches the police station with the complaint regarding the theft of an

animal, the

complainant should be encouraged to give a detailed description of the lost

animal, if

possible with a photograph. And it should be immediately filed as an F.I.R in

the police

register/records, the copy of which should be duly signed, stamped and dated,

along with

the time and be handed to the complainant. The duty officer of the police

station is

responsible for making all the necessary entries. The complainant has right to

file an

F.I.R. This should be read together with the Prevention of Cruelty to Animals

Act 1960

as forcibly taking an animal out of its environs amounting to cruelty.

Q 9) In a complaint under Section 428/429 of the IPC in respect of a dog of the

complainant who has been poisoned by a neighbour, what kind of evidence

should be looked and asked for?

A) If the owner believes that the neighbour is responsible, the owner should

immediately

contact the nearest police officer. The police officer should visit the site and

note the

condition of the dog. The dog has to be taken to a vet, either private or

government, for a

post-mortem to determine the cause and approximate time of death. In the

meantime the

police officer can collect any physical evidence that is available, indicating

both the

perpetrator and the method used. The police officer must record the statement of

the

witnesses who have seen the poisoning or witnesses who can record the attitude

or

history of previous cruelty of the alleged perpetrator towards the deceased.

Thereafter,

the police officer must put up a challan before the court of the concerned

magistrate.

Q 10) Can people who feed animals in their areas be stopped by the RWAs or

Societies or neighbour under the law?

A) Article 51A of the Constitutional Law of India, speaks about the duties of

every

citizen of India. One of these duties includes having compassion for living

creatures. So

the animal lover is protected under the Constitution.,

Article 19 of the Constitution of India, deals with right to freedom and in this

freedom

comes the right to profession, occupation, trade and business. Therefore, it

means that

every citizen has the right to occupation and if someone has taken the caring of

animals

as his occupation, it is legal and he has every right to carry on with his

occupation.

Article 21 of the Constitution of India states the right to personal life and

liberty. This is a

very vast right. If someone wants to feed and provide shelter to dogs, he is at

liberty to do

so. He has the same right to liberty that the law provides to every citizen of

India.

Section 503 of the Indian Penal Code 1860, provides that intimidation is a

criminal

offence which is cognizable. Anyone who threatens or intimidates any person

taking care

of dogs, is liable for criminal intimidation under Section 503 of Indian Penal

Code and

can be arrested without a warrant.

But, above every law and rights, there is a natural right, which is a universal

right,

inherent in the nature of ethics and contingent on human actions or beliefs. It

is the right

that is claimed to exist even when it is not enforced by Government or society

as a whole.

It is the right of the individual and considered beyond the authority of a

Government or

international body to dismiss. Therefore, if there are any rights at all, there

must be right

to liberty, for all the others depend on this. And the choice of loving, caring,

feeding and

giving shelter to dogs is the natural right of any individual.

In a Judgment passed by the Delhi Court, it has been stated that the Animal

Welfare

Board of India and the Municipal Authorities have in the guidelines issued by

them

specified the problem often faced by individuals and families who adopt and feed

stray

animals. The court says that it is necessary to bring into record that these

individuals and

families who adopt stray animals are doing a great service to humanity as they

are acting

in the aid and assistance of Municipal Authorities by providing these animals

with food

and shelter and also by getting them vaccinated and sterilized. Without

assistance of such

persons no local Municipal Authority can successfully carry out its ABC

programme.

The Court has proceeded to say that the local police and the municipal

authorities are

under obligation not only to encourage such adoption but also to ensure

protection to

such persons who come forward to take care of these animals specifically the

community

or neighborhood dogs so that they are not subjected to any kind of cruelty,

finally, the

Court has said that every individual has the right to live his life in the

manner he wants

and it is necessary that the society and the community recognize it.

Q11) Can an RWA/Society or any individual remove or have removed the dogs in a

colony that are already sterilized and vaccinated and throw them away

anywhere?

A) Under the Govt. of India, Animal Birth Control Rules 2001, no sterilized dogs

can

be relocated from their area. As per five different High Court orders,

sterilized

dogs have to remain in their original areas. If the dog is not sterilized, the

Society

can simply ask an animal welfare organization to sterilize and vaccinate the

dog.

They cannot relocate them. Relocation is not permissible, as it would cause more

problems such as an increase in dog bites as new dogs will move into the area

who are unfamiliar with residents and therefore more likely to be hostile.

B) The Government of India has issued a circular Dy No 1237 dated 30/9/2006,

specifically directing all RWAs and any other recognized citizens associations

as

follows:

· As per Section 11 of Prevention of Cruelty to Animals Act,1960, beating,

kicking ,over-riding, overloading, over-driving, torturing or otherwise treating

any animals so as to subject it to unnecessary pain amounts to cruelty on

animals. And whoever indulges in an act of cruelty to animals makes himself

liable for action under Prevention of Cruelty to Animals Act.

· There are designated agencies in Govt/local self-government Organizations

that are authorized to deal with stray animals. Such Organizations regularly

undertake inoculations, sterilization of animals and other programmes.

· Recognized Associations may approach such institution for redressal of their

grievances if any, with regard to stray animals. Un-recognized associations

may also approach such bodies with their grievances, but they should not

pretend to represent the residents in general.

· All problems of stray animals have to be handled within the institutional

framework available. No association, recognized or unrecognized, shall take

recourse to any action regarding stray animals on their own, either themselves

or through any person employed by them like security guards.

· Where there is no recognized association, residents may take up grievances

through the AWO/Office of the CWO.

· While residents and Associations are free to address institutional agencies

for

redressal of grievances in this matter, no resident/association will interfere

with the freedom of other residents in caring and attending animals.

Intimidating in any manner, those who feed and care for animals is a criminal

offence. Apart from action under appropriate criminal law, such persons will

render themselves liable for action under CCS Conduct Rules.

Q 12) Does practicing phooka or doom dev amount to cruelty?

A) Yes. Section 12 of The Prevention of Cruelty to Animals Act, 1960, penalizes

practicing of phooka or doom dev or any other operation being performed upon any

cow

or other milch animal, to improve its lactation. This is injurious to health of

the animal. It

is a cognizable offence and the person shall be punishable with a fine, which

may extend

upto one thousand rupees, or with imprisonment for a term which may extend upto

two

years, or with both and the animal on which the operation was performed shall be

forfeited to the Government.

Also, if a Police Officer, not below the rank of Sub-Inspector, has reason to

believe that Phooka or any other operation of the nature referred to in Section

12, has

been performed or will be performed on any animal within the limits of his

jurisdiction,

he may enter any place in which he has reason to believe such animal to be, and

may

seize the animal and produce it for the examination by the Veterinary Officer in

charge of

the area in which the animal is seized.

Q13) Dairies give their milch animals injections of oxytocin in order to induce

milk.

Is this illegal?

A) Yes. Use of Oxytocin Inj. on milching animal in order to induce milk is

illegal and

amounts to cruelty on animal under Section 12 of The Prevention of Cruelty to

Animals

Act, 1960. It is a cognizable offence and the person shall be punishable with a

fine, which

may extend upto one thousand rupees, or with the imprisonment for a term which

may

extend upto two years, or with both and the animal on which the operation was

performed

shall be forfeited to the Government. The proprietor of the shop selling these

drugs to a

dairy shall be liable to lose his license as a pharmacist and shopkeeper in

addition to

criminal charges with punishment of upto 5 years in prison.

The Government of India has acknowledged the negative effects of oxytocin and

has

declared it as a scheduled substance. It is illegal under the Food and Drug

Adulteration

act to buy, sell or administer these injections without a physician?s permit.

These rule

apply to milkmen too.

Under the provisions of the Drugs and Cosmetics Act, Oxytocin has been

classified as a

Prescription drug. No person/milkman can purchase the drug without having the

requisite

prescription from a Registered Medical Practitioner or Registered Veterinarian.

But,

despite this, Oxytocin ampoules are easily and readily available not only at

chemists but

also from other unauthorized outlets in market situated close to dairies.

Q14) How can one tell dairymen or milkmen are using oxytocin?

A) If oxytocin is being used, there will be marks and bruises caused by the

needles all

over the body of the cow. Needles, syringes, discarded vials, blood soaked

cotton can be

found near the milch animal.

The Performing Animals Rules,1973 and The Performing Animals( Registration)

Rules,2001

Q 15) What are ?Performing Animals??

Under Section 2(b), of the Performing Animals Rules, 1973, Performing Animals

means any animal which is used for the purpose of any entertainment to which the

public

is admitted through the sale of tickets.

Section 2(h) of the Performing Animals (Registration) Rules, 2001 specifies that

this includes animals used in films and for equine events.

Q 16) Is the exhibition and training of performing animals restricted?

A) Yes, Section 22 of The Prevention of Cruelty to Animals Act 1960 restricts

the

exhibition and training of performing animals, unless the person interested in

exhibiting

and training the animal is registered in accordance with provisions of the Act.

No animal

can be exhibited or trained, where the Central Government, by notification in

the Official

Gazette, has restricted the exhibition and training of such animal. These

following

animals can?t be exhibited or trained:

1) Bears

2) Monkeys

3) Tigers

4) Panthers

5) Lions

Q17) What are the conditions for the exhibiting and training of performing

animals?

A) The first and foremost condition is the registration of the person seeking

permission to

train and exhibit. Section 3 of The Performing Animals (Registration) Rules,

2001,

provides for Application of registration stating that any person desirous of

training or

exhibiting performing animals has to apply for registration to the prescribed

authority.

Without being registered such a person is not allowed to exhibit or train any

animal as a

performing animal.

Apart from this, Section 8 of The Performing Animals (Registration) Rules, 2001

lays

down general conditions for registration, which the prescribed authority while

granting

registration may impose such terms and conditions. The following are the general

conditions:

(1) Every owner who has ten or more such performing animals shall have a

veterinarian

as a regular employee for their care, treatment and transport;

(2) The owner shall not transport such animals by road continuously for more

than 8

hours;

(3) The owner shall ensure proper watering and feeding halts during such

transportation;

(4) The owner after transportation shall provide feeding and retiring enclosures

in respect

of the animals;

(5) The owner shall ensure that any animal is not inflicted unnecessary pain or

suffering

before or during or after its training or exhibition;

(6) The owner shall not deprive the animal of feed or water in order to compel

the said

animal to train or perform any trick;

(7) The owner shall train an animal as a performing animal to perform an act in

accordance with its basic natural instinct;

(8) The owner shall not make a performing animal perform if it is sick or

injured or

pregnant;

(9) The owner shall ensure that no sudden loud noise is deliberately created

within the

vicinity of any performing animal or bring an animal close to fire, which may

frighten the

animal;

(10) The owner in case the performing animal is to be exhibited under artificial

light, the

overall intensity of such light shall not be more than 500 LUX;

(11) The owner shall not subject the animals to any action, which may either

kill or injure

or use the animals in scenes, which may cause injury to the animals;

(12) The owner shall not use any tripping device or wires or pitfalls for such

animals;

(13) The owner shall not expose any animal to either burning fire or to fire

accidents;

(14) The owner shall not keep any animal including horses in close proximity

while

shooting scenes involving explosives or other loud noises;

(15) The owner shall ensure that props such as spears, nails, splinters, barbed

wires or

other such props shall not cause injury to the animals during performance;

(16) The owner shall ensure that equines are not made to walk on hard surfaces

without

being shoed and shall further ensure that the animals are not used in downhill

slides or

rodeo slide stops without proper skid and hock boots;

(17) The owner of any equine shall not use any whip;

(18) The owner shall ensure that the animal is not used on floors that are very

smooth

without the use of non-skidding mats;

(19) The owner shall ensure that a large gathering of animals is not allowed in

such a

way, that may cause or result in a stampede.

(20) The owner shall ensure that the animal is not made or incited to fight

against other

animal and shall further ensure that sedatives or tranquillizers or steroids or

any other

artificial enhancers are not administered to or inserted in any animal.

(21) The owner shall ensure that the animal shall not be transported or kept or

confined in

cages and receptacles, which do not measure in height, breadth or length in

accordance

with the comfort of animal.

(22) The owner shall ensure that the animal is not continuously used for

excessive

number of takes in shooting a film without providing adequate rest to the animal

and in

the event of a snake being used it shall not be made to ingest any substances or

made to

crawl across tarred or any other heatened surface and shall not be contorted to

wrestle.

(23) The owner shall ensure that while using an animal in shooting a film, the

fight

sequence shall not be shot in any livestock holding area including poultry area

and shall

further ensure that no birds are shown in cages.

(24) The owner shall inform the prescribed authority at least four weeks in

advance

informing the place, date and time of the actual making of the film wherein the

animal is

to be used;

(25) Persons desirous of transporting horses from one place to another shall

adhere to the

minimum norms to enhance conditions of travel safety of the horses, namely:-

1) No horse shall be tied up in such a way that his head and neck movements

are unnaturally restricted while traveling

2) All horses must be watered at least every four hours and provided

adequate ration of hay during the journey lasting more than eight hours

3) Adequate ventilation and free flow of fresh air in the vehicle shall be

ensured during transport

4) Rubber mats shall preferably be used for flooring instead of straw bedding

5) Horses shall not be transported within twenty four hours of having raced

6) No horse shall be raced, where the period of journey exceeds six hours,

unless twenty four hours have lapsed since completion of the travel.

Q 18) Are animal fairs where animals are traded, legal?

A) When the sale takes place this fair is normally meant for farmers. However,

in recent

years they have become exclusively devoted for providing animals to butchers.

This is

illegal. In order to prevent this from happening local administration should

make sure that

no trucks are allowed near the fair and that no cattle is put inside trucks and

no buyer can

buy more than two animals. The Municipality has a special role to play in animal

protection. The Local authority of the place where the ?Haat? or fair is held

should check

that there is the proper maintenance of animals by their owners. The

municipality must

allocate sufficient funds for the proper cleaning, feeding, housing and

treatment of these

animals. The money earned from their auction and release, must be spent on the

care of

these animals. Wherever possible, it should involve local NGOs/AWO in the

running of

these Pounds. When cattle are auctioned, the buyer must specify for what purpose

he is

buying the animal and that should be verified to avert cow slaughter, which is a

criminal

offence.

The Municipality can also designate local shelters as Infirmaries for the care

and

treatment of impounded animals.

But no wild animals or birds and other wild species any endangered species could

be

sold or brought in the fairs.

Q19) Does the Prevention of Cruelty to Animals Act, 1960 provide any procedure

for registration with regard to the exhibition and training of performing

animals?

A) Yes, Section 23 of the above mentioned Act provides procedure for

registration. There

are five conditions that need to be fulfilled with regard to the registration of

performing

animals.

1. Every person desirous of exhibiting or training any performing animal has to

make an application in the prescribed form, to the prescribed authority and on

payment of the prescribed fee.

2. An application for registration contains such particulars as to the animals

and as

to the general nature of the performances in which the animals are to be

exhibited or for which they are to be trained and the particulars so given shall

be entertained in the register maintained by the prescribed authority.

3. The prescribed authority shall give to every person whose name appears on the

register kept by them, a certificate of registration in the prescribed form

containing the particulars entered in the register.

4. Every register is open for inspection by any person on payment of the

prescribed fee.

5. And the person whose name is entered in the register, is entitled, on making

an

application for the purpose, to have the particulars entered in the register

with

respect to him varied, and where any such particulars are so varied, the

existing

shall be cancelled and a new certificate will be issued.

Q20) What does it mean by Prescribed Authority and the prescribed payment of fee

for registration? What are the performing animals? And also, what is the

prescribed payment of fee for inspection of the register by any person?

A) Under Section 2 (b), of The Performing Animals Rules, 1973 performing

animal means any animal, which is used for the purpose of any entertainment

to which the public are admitted through the sale of tickets.

B) The Prescribed Authority is the Animal Welfare Board of India, which is

established by the Central Government. This Board has been established for

the promotion of animal welfare and for protecting them from being subjected

to unnecessary pain or suffering.

Animal Welfare Board of India

Post Box No.8672

No. 13/1, 3rd Seaward Road

Valmiki Nagar

Thiruvanmayur

Chennai-600041

Ph: (044)-24454935, 24454958

Fax:044-24454330

Website: www.awbi.org

E-mail: awbi

Section 4 of The Performing Animals Rules, 1973 prescribes about fee and

registration which says that every application for registration shall be

accompanied by a

fee of rupees twenty-five which can be either paid in cash or in such other

manner as may

be specified by the prescribed authority.

Section 7 of The Performing Animals Rules, 1973 states that anyone who is

interested in inspecting the register can do so during office hours on any

working day

upon payment of a fee of two rupees.

Q21) What rules does the Central Government have with regard to the Performing

Animals Registration?

A) The Central Government has prescribed Rules with regard to the registration

of

performing animals, which are provided in The Performing Animals (Registration)

Rules,

2001.

Section 2(g) states that Prescribed Authority means the central government, or

such other authority including the Animal Welfare Board of India or the State

Gvernment, as may be authorized by the central government.

Section 2(h) says that the performing animal means an animal, which is used at

or

for the purpose of any entertainment including a film, or an equine event to

which the

public are admitted. This includes horse races, polo matches and any other

public event

involving horses.

Section 4 talks about the fee and registration, where a fee of rupees 500 (five

hundred) shall accompany every application for registration.

Q 22) What are the acts that amount to offences with regard to performing

animals?

A) Section 26 of The Prevention of Cruelty to Animals Act, 1960 list the acts

that

amounts offences with regard to performing animals. Section 26 says that if any

person

a) Not being registered exhibits or trains any performing animal;

Or

a) Being registered under this Act, exhibits or trains any

performing animal with respect to which, or in a manner with

respect to which, he is not registered

b) Exhibits or trains as a performing animal, any animal which is

not to be used for the purpose of exhibition

c) Obstructs or Willfully delays any person or police officer from

entry and inspecting the premises where the performing

animals are kept

d) Conceals any animals with a view to avoiding such inspection

Any person found guilty of such offences will be punishable on conviction with

fine which may extend to five hundred rupees, or with imprisonment which may

extend

to three months or with both. The animal will be confiscated and the person will

not be

allowed to keep an animal again.

Q 23) Is it an offence to train or exhibit an animal for police purpose?

A) No. Section 27 of The Prevention of Cruelty to Animal Acts, 1960 acts as an

exemption clause. It permits the training of animals for bonafide military or

police

purposes. However, Section 11 of The Prevention of Cruelty to Animal Acts, 1960

applies to those animals too. It has to be kept in mind that no animals can be

treated

cruelly or in a way that harms or injures them.

Q 24) Does Police have the power to inspect the premises in which any performing

animals are being trained or exhibited?

A) Yes. If it comes to the knowledge of the Police officer that the training or

exhibition

of any performing animal has been accompanied by unnecessary pain or suffering,

Section 25 of The Prevention of Cruelty to Animals Act, 1960, provides that any

police

officer not below the rank of sub-inspector may enter at all reasonable times

and inspect

any premises in which any performing animals are being trained or exhibited or

kept for

training or exhibition and ask for the certificate of registration from the

trainer or

exhibitor. Section 26 states that anyone who ?

· Obstructs or willfully delays any person or police officer from entry and

inspecting the premises where the Performing Animals are kept

· Conceals any animals with a view to avoiding such inspection

will be punishable on conviction with a fine, which may extend to five hundred

rupees, or

with imprisonment, which may extend to three months or with both.

Q 25) Does the Prevention of Cruelty to Animals Act, 1960, provides the powers

of

search and seizure to the police?

A) Yes. Section 32 of the Act, states that if a police officer not below the

rank of subinspector,

has reason to believe that an offence of cruelty has been committed or that any

person has in his possession the skin of any such animal with any part of the

head

attached thereto, he may enter and search place or any place in which he has

reason to

believe any such skin to be, and may seize such skin or any article or thing

used or

intended to be used in the commission of such offence.

Also, if a police officer, not below the rank of sub-inspector, has reason to

believe

that phooka or any other operation of the nature referred to in Section12, has

been

performed or will be performed on any animal within the limits of his

jurisdiction, he

may enter any place in which he has reason to believe such animal to be, and may

seize

the animal and produce it for the examination by the Veterinary Officer in

charge of the

area in which the animal is seized.

The Prevention Of Cruelty To Draught And Pack Animals Rules,1965

Q 26) What is the maximum load for draught animals?

A) Below is the table, stating the maximum weight that are allowed for animals

or animal

drawn vehicles to carry.

TABLE I

1) Small bullock or

Small buffalo

Two wheeled vehicle)

if fitted with ball

bearings

b) if fitted with pneumatic

tyres

c) if not fitted with

pneumatic tyres

1000 kilograms

750 kilograms

500 kilograms

2) Medium bullock or

Medium buffalo

Two wheeled vehicle)

if fitted with ball

bearings

b) if fitted with pneumatic

tyres

c) if not fitted with

pneumatic tyres

1400 kilograms

1050 kilograms

700 kilograms

3) Large bullock or

Large buffalo

Two wheeled vehicle)

if fitted with ball

bearings

b) if fitted with pneumatic

tyres

c) if not fitted with

pneumatic tyres

1800 kilograms

1350 kilograms

900 kilograms

4) Horse or mule b) if fitted with pneumatic

tyres

c) if not fitted with

pneumatic tyres

750 kilograms

500 kilograms

5) Pony b) if fitted with pneumatic

tyres

c) if not fitted with

pneumatic tyres

600 kilograms

400 kilograms

6) Camel Two-wheeled vehicle 1000 kilograms

27) What is the maximum load permitted on pack animals?

A) Provided is a table giving the maximum loads that may be carried by pack

animals

TABLE II

1) Small bullock or buffalo 100 kilograms

2) Medium bullock or buffalo 150 kilograms

3) Large bullock or buffalo 175 kilograms

4) Pony 70 kilograms

5) Mule 200 kilograms

6) Donkey 50 kilograms

7) Camel 250 kilograms

Q 28) What are the powers provided to police officers under The Prevention of

Cruelty to Draught and Pack Animals Rules, 1965?

A) Section 11 of the Act, provides that if a police officer above the rank of a

constable

feels that the animal is overloading, he may ask the owner or any other person

in charge

of such animal to take the animal or the vehicle or both to the weighbridge for

the

purpose of determining the weight of the load which animal has been or is

drawing or

carrying.

And if the owner in charge of the aforesaid animal refuses to comply with the

demand of the police officer, the policeman has every right to take the animal

or the

vehicle or both to the weighbridge and get it weighted. And as soon as any

weight is

determined under this rule, the owner or other person in charge of the said

animal shall be

given a statement in writing signed by the police officer as to the weight so

determined

and any other information relevant for the purpose.

Q 29) What are the general conditions for the use of draught and pack animals?

A) Section 6 of The Prevention of Cruelty to Draught and Pack Animals Rules,

1965,

lays down the general conditions for the use of draught and pack animals. No

person is

allowed to use any animal for drawing any vehicle or carrying any load: -

(i) For an average of more than nine hours in a day;

(ii) for more than five hours continuously without a break or rest for the

animal;

(iii) in any area where the temperature exceeds 37 degree C (99 degree F )

during the

period between 12 noon and 3 p.m.This means it is illegal to use draught and

pack animals in North India, Chennai and all other places where the temperature

remains routinely above 40 degrees Celsius in summer.

Q30) What are the other relevant provisions with regard to The Prevention of

Cruelty to Draught And Pack Animals Rules, 1965?

A) The following are the important sections that should be noted, observed and

implemented. These are:

Section 7: - Animals to be disengaged after work:- No person shall continue to

keep in

harness any animal used for the purpose of drawing vehicles, after it is no

longer needed

for such purpose.

Section 8: - Use of spiked bits prohibited:- No person shall, for the purpose of

driving

or riding an animal or causing it to draw any vehicle or for otherwise

controlling it, use

any spiked stick or any other sharp tackle or equipment which causes bruises,

swellings,

abrasions or sever pain to the animal.

Section 9: - Saddling of horses: - No person shall cause a horse to be saddled

in such a

way that the harness rests directly on the animal?s withers without there being

sufficient

clearance between the arch or the saddle and the withers.

The Transport of Animals Rules,1978

Q31) What are the general conditions for transport of animals?

A) 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.

Q32) What should be noted and observed when animals are being transported?

A) As mentioned above, 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.

Q33) What are the Rules of transportation for monkeys provided under The

Transport of Animals Rules, 1978 ?

A) Monkeys are to be transported in suitable wooden or bamboo cages. The

following

two sizes of cages shall be used during the transportation of monkeys through

rail.

a) 910 x 760 x 510 mm- This cage shall contain not more than twelve monkeys,

weighing between 1.8 and 3.00 kilograms each or ten monkeys weighing

between 3.1 and 5.0 kilograms each

b) 710 x 710 x 519 mm- This cage shall contain not more than ten monkeys

weighing between 1.8 and 3.00 kilograms each or eight monkeys weighing

between 3.1 and 5.00 kilograms each.

Also, not more than one cage shall be placed over the other and gunny packing

shall

be placed between two cages, when one is placed over the other.

But when the monkeys are transported by air the following two sizes of cages

shall

be used:

(a) 460 x 460 x 460 mm- This cage shall contain not more than ten monkeys

weighing from 1.8 to 3.0 kilograms each or four monkeys weighing from 3.1

to 5.0 kilograms each

(b) 760 x 530 x 460 mm :- This cage shall contain not more than ten monkeys

weighing from 1.8 to 3.0 kilograms each or eight monkeys weighing from 3.1

to 5.0 kilograms each.

Q34) What is the distance between different types of gauges of railway tracks?

A) Gauge is the distance between two parallel railway tracks where;

a) In Broad Gauge the distance between two tracks is 5 feet 6 inches

b) In Metre Gauge the distance between two tracks is 3 feet 3 inches

c) In Narrow Gauge the distance between two tracks is 2 feet 6 inches)]

Q 35) What are the Rules of transportation for Cattle provided under The

Transport of Animals Rules, 1978?

A) When cattle are to be transported by rail an ordinary goods wagon shall carry

not

more than ten adult cattle or fifteen calves on broad gauge, not more than six

adult cattle

or ten calves on meter gauge, and not more than four adult cattle or six calves

on narrow

gauge. While transporting cattle by goods vehicle, only six cattle can be loaded

per truck.

The permissible loading in a truck is only 4 buffaloes, and truck having

wheelbase below

142 inches, shall not carry more than five cattle without calves or four with

calves.

Q36) What are the Rules for transportation of Equines provided under The

Transportation of Animals Rules, 1978?

A) For the transport of equines by rail, an ordinary goods wagon shall not carry

more

than eight to ten horses or ten mules or ten donkeys on broad gauge and not more

than six

horses or eight donkeys on meter- gauge.

If equines are to be transported by a goods vehicle, each vehicle may not carry

more than

four to six equines.

With regard to the transport of equines by sea, horses may normally be

accommodated in

single stalls and mules in pens, each pen holding a maximum of four to five

mules.

Q37) What is the Rule for transportation of sheep and goats provided under ?The

Transportation of Animals Rules, 1978??

Following is the chart of transport of sheep and goats through railway wagon,

for

different gauge.

Broad Gauge Metre Gauge Narrow Gauge

In the area of a

wagon less thann

21.1 sq Metres

permissible

number of sheep

or goats is 70

In the area of a

wagon 21.11 Sq

Metres and above

permissible

number of sheep or

goat is 100

In the area of a Wagon

less than 12.5 Sq

Metres permissible

number of sheep or

goats is 50

In the area of a wagon 12.5

Sq Metres and above

permissible number of sheep

or goats is 60

Goods vehicle of capacity of 5 or 4.5 tons, which are generally used for

transporting

animals, shall not carry more than forty sheep or goats.

38) What are the rules provided for the transportation of poultry by rail, road

and

air?

A) Containers are used for transporting poultry by rail, road and air. The

crates used for

transporting poultry must be sterilized and may not be piled one above the

other. There

are specific numbers of poultry that may be accommodated in such containers.

Type of Poultry Number in a container

1) Month old chicks 24

2) Three-month old chicks 12

3) Adult stock (excluding geese and

turkeys)

12

4) Geese and turkeys 10 young

2 growing

1 adult

5) New born chicks 80

6) Poult 60

Q39) What are the Rules provided for the transportation of pigs by rail or road?

A)In transport of pigs by road, goods vehicles, which are generally used for

transporting

of animals, shall not carry more than twenty pigs.

While transporting pigs by rail, no railway wagon shall accommodate more than

the

number of pigs as provided in the following table: -

Broad Gauge Metre Gauge Narrow Gauge

In the area of a

wagon less than

21.1 Sq Metres

number of pigs

allowed is 35

In the area of

wagon more

than 21.1 Sq

Metres number

of pigs allowed

is 50

In the area of

wagon less than

12.5 Sq Metres

number of pigs

allowed is 25

In the area of

wagon more

than 12.5 Sq

Metre the

number of pigs

allowed is 30

Not Allowed

· Only four passengers excluding the driver are allowed on a tonga or a total of

325 kgs.

Q40) Are there any regulations regarding transporting animals by foot?

A) Yes. The Prevention of Cruelty to Animals (Transport of Animals on Foot)

Rules

2001 applies wherever the distance involved is 5 Km or more.

· Each animal must be certified healthy by a Vet in the prescribed form.

· The owner must provide first aid equipment to accompany the animals as

well as make proper watering and fodder arrangements en route. Animals

must be rested for 20 minutes after watering and one hour after feeding.

· No whip or stick may be used to hurry up the animals.

· No animals shall be tied by the nose or leg, only around the neck. Only

two animals and only of the same size may tied adjacent to one another

using a single rope. The space between then shall be a minimum of two

feet.

· No animals shall be transported on foot before sunrise or after sunset or

during heavy rain or extremely dry conditions.

· Heavily pregnant, new born, blind, emaciated, diseased and lame animals

may not be taken on foot.

· Animals who are not shod eg. goats, elephants etc cannot be transported

on foot on hard cement or metal tarred roads or rocky terrain.

· Any police officer above the rank of constable or any other person

authorized by Central or State Govt or AWBI can require any owner who

is violating these rules to take the animals to the nearest magistrate.

The Prevention of Cruelty to Animals( Slaughter House) Rules,2001

Q 41) What Laws governs slaughterhouses?

A ) There are certain rules provided under The Prevention Of Cruelty To Animals

Act,1960 namely Slaughter House Rules, 2001.

Section 2© of the above mentioned Act defines ?slaughterhouse? as a place

wherein 10

or more than 10 animals are slaughtered per day and is duly licensed or

recognized under

a Central, State or Provincial Act or any rules or regulations made thereunder.

Section 3(1) of the above mentioned Act provides that animals cannot be

slaughtered

except in a recognized and licensed slaughter house.

Section 3(2), prohibits slaughtering of any animal

· which is pregnant or

· has an offspring less than three months old, or

· the animal which is under the age of three months or

· which has not been certified by a Veterinary Doctor that it is in a fit

condition to

be slaughtered.

Q42) Is slaughtering of an animal apart from in the slaughter house, legal ?

A) Wherever there is a Government slaughterhouse, slaughter cannot be done

anywhere

else. If there is no government slaughterhouse in that area then killing can

only take place

in licensed slaughterhouse, which should be situated, where they are not a

public

nuisance or an environmental hazard. These slaughterhouses have to follow all

Municipal

Corporation laws and the ISI regulations. No animals can be slaughtered in

slums, in

roadside meat shops or in dhabas or in private houses. Slaughtering of any

animal at any

place other than a licensed slaughterhouse is prohibited. .

With regard to environmental hazard and public nuisance. Smt. Maneka Gandhi

moved

the Delhi Court against the Idgah Slaughterhouse of Delhi, in the larger public

interest.

The court gave the following directions, which apply, to all slaughterhouses:

(1) Children below the age of 18 years shall not be allowed to work in the

slaughterhouse

(2) Each Slaughterhouse has a licence for a prescribed number of animals. The

number of animals slaughtered may not exceed 2500 per day, i.e. 2,000 sheep and

goats and 500 buffaloes.

(3) There should be adequate number of veterinary doctors for the purpose of

proper

examination of animals thoroughly before issuing a fitness certificate for the

animals to be slaughtered.

(4) Compounding fee in respect of sheep/goats is increased from Rs 50 to Rs 500

and

for buffaloes from Rs 200 to Rs 2000.

(5) The maximum number of animals allowed to be carried in open trucks must not

exceed 40 goats/sheep and 4 buffaloes.

(6) The slaughterhouse should have proper light, electricity, fans and coolers

in its

various section.

According to the Municipal laws, if there is a Municipal Authorised

slaughterhouse

then there can be no private slaughterhouse and no licence can be issued to such

slaughterhouses, as they are illegal.

As per the Indian Standard (IS), the basic requirement for a slaughterhouse are

as

follows :-

a) Slaughterhouse may be located outside or on the periphery of a city or town

and

away from an airport.

b) There must be services of potable water, electricity and proper hygienic

sewage

disposal facilities.

c) There must be a resting place for the animals before slaughter.

d) There must be adequate facilities for ?before-killing? inspection.

e) Carrying out of humane slaughter

f) Flaying, dressing and washing of the carcasses

g) Inspection of meat and disposal of meat unfit for human consumption.

If any slaughterhouse does not adhere to these standards, it cannot be licensed.

The Prevention of Cruelty to Animals (Slaughter House) Rules, 2001 prescribes

the

following requirements for a slaughterhouse.

Section 4 (1) to (8) states that: -

· The slaughterhouse shall have a reception area of adequate size sufficient for

livestock subject to veterinary inspection.

· The veterinary doctor after examining the animal shall issue a fitness

certificate for each animal.

· The veterinary doctor shall examine thoroughly not more than 12 animals in

an hour and not more than 96 animals in a day

· The reception area of slaughter house shall have proper ramps for direct

unloading of animals from vehicles or railway wagons and the said reception

area shall have adequate facility sufficient for feeding and watering of

animals

· Separate isolation pens shall be provided in slaughter house with watering

and feeding arrangements for animals suspected to be suffering from

contagious and infectious diseases, and fractious animals, in order to

segregate them from the remaining animals.

· Adequate holding area shall be provided in slaughterhouse according to the

class of animals to be slaughtered.

· Ante-mortem (before death) and pen area shall preferably be covered and

shall be paved with material such as concrete non slippery herring bone type

or brick suitable to stand wear and tear by hooves, and suitable drainage

facilities shall be provided around the borders of the area except at the

entrances.

Section 5 (1) to (5) states that:-

· Every animals after veterinary examination shall be passed on to a resting

place, adequate in size and sufficient for the number of animals for resting

for 24 hours before slaughtering.

· The space provided in the pens shall be not less than 2.8 sqm per large

animal and 1.6 sqm. per small animal.

· The animals shall be kept separately depending on their type and class

and protected from heat and rain.

· The resting place shall have adequate facilities for watering and postmortem

inspection..

Q43) What are the Laws, Rules governs Meat Shops or Stalls?

A) Meat shop refers to the shop that does not kill the animal but sells the

meat. There are

rules that regulates such outlets. The Bureau of Indian Standard rules deals

with the basic

requirements for a stall for sale of meat of small and large animals. It is the

norm to be

followed for licensing and regulating the sale of meat and maintenance of

hygienic

conditions of the meat stall. It states that-

· All meat stalls can only be set up in designated places, as a unit of a meat

market

and shall be located at a place away from vegetable or other food markets

· The meat shall be free from undesirable odour, smoke, dust or other

contaminants

· The main services, such as potable water supply, electricity and proper

hygienic

sewage disposal facilities are essential prerequisites

· A block shall consists of a number of meat stalls and shall be enclosed in

compound walls which barricades entry of dogs, cats, birds and other undesirable

elements into the block

· Each block shall be provided with potable water storage supply tank with taps

to

facilitate withdrawal of water by meat stalls

· A meat stall shall consist of a meat preparation room, sales counter or

ante-room

and covered passage in front or a verandah for customers

· The meat preparation room may be of minimum 3.75 x 3m x3m for small animals

and 4.5 x 4.5 x 4.5 m for large animals depending on the stock

· Screened ventilators shall be provided near the ceiling for facilitating cross

ventilations

· Care should be taken that no direct sunlight falls on the dressed carcasses.

· The room shall suitably be made fly-proof and provided with fly-traps

· The floors of all the rooms shall be of such construction that easy washing

and

cleaning with water is possible.

· A covered passage protected from the rain and sun shall be provided in the

meat

stall for the customers

· Each stall shall be provided with a water tap

· The Knives, tools, and hooks used shall be of stainless steel.

Q44) Is it crime to kill or sell camel?s meat?

A) Camel?s meat is not notified a item of food, as per the provisions of the

Prevention of

Cruelty to Animals Act, 1960. Presently, provision is available only for

slaughtering

cattle, goats, sheep and pigs, within the Corporation limits. There is no

qualified

Veterinary Surgeon, who can certify the fitness of a camel or the suitability of

its meat

for consumption by human beings, or a licensed person to slaughter a camel.

There are no

licensed persons within the Corporation limits for the sale of camel?s meat. The

license to

sell beef will not enable the sale of camel?s meat.

Q 45) Is slaughtering of cows on Bakri-id considered illegal?

A) .No animal can be slaughtered except goats. The Division Bench of Calcutta

has ruled

that the slaughter of cows by members of Muslim community on Bakri-eid day is

not a

requirement of the Muslim religion and should be banned. The Supreme Court has

upheld

this decision.

The Prevention of Cruelty To Animals (Slaughter House) Rules, 2001 provides that

no

one can slaughter animals in slums, in roadside meat shops or in dhabas or in

private

houses. This rule applies in the slaughtering of goats on Bakri-Eid. Slaughter

can only

take place in government designated Idgahs, but not in mosques.

Laws on Animal Sacrifice

Q46) Is it illegal to sacrifice animals ?

A) Yes, animal sacrifice is illegal. The act of animal sacrifices is covered

under

Local Municipal Corporation Acts, Prevention of Cruelty to Animals Act,

1960, Wildlife (Protection) Act, 1972, Indian Penal Code (IPC). It is also

specifically forbidden in the following states under The Prohibition of Bird

and Animal Sacrifice Act:

a) Andhra Pradesh

b) Gujarat

c) Karnataka

d) Kerala

e) Pondicherry

f) Rajasthan

g) Tamil Nadu

· Local Municipal Corporation Acts:

Municipalities laws prohibit the slaughter of any animal within a Corporation

area,

other than in a licensed slaughterhouse. Since temples and streets, where animal

sacrifices usually occur, are unlicensed, it becomes illegal to slaughter

animals at these

places.

· The Prevention of Cruelty to Animals Act, 1960

The Act, prohibits the infliction of unnecessary pain and suffering on an animal

and

makes such unnecessary pain and suffering a penal offence. Sub- section (3) of

section 11

PCA says that it is the duty of every person having the care and charge of any

animal to

take all reasonable measure to ensure the well being of such animal and to

prevent the

infliction of unnecessary pain or suffering. The penalty under this Act is, the

offender (in

the case of a first offence) will have to pay 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 the 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.

· Wildlife (Protection) Act, 1972

This Act prohibits injury to any wild animal, which is considered to be

government

property, under section 39. The definition of an ?animal? in the Act includes

amphibians,

birds, reptiles and mammals and their young. In the case of bird and reptiles,

even their

eggs are included in this category. Section 51 of the Act provides the penalty

for the

person guilty of an offence under this Act. The accused on conviction, will be

punishable

with imprisonment for a term of three years or with fine of twenty- five

thousand rupees

or with both. And in the case of a second or subsequent offence, the term of

imprisonment will be seven years with fine of ten thousand rupees.

· Indian Penal Code (IPC):

Under Section 268 of IPC, 1860 a person is guilty of a public nuisance who does

any

act or is guilty of an illegal omission which causes any common injury, danger

or

annoyance to the public or to the people in general who dwell or occupy property

in

the vicinity or which must necessarily cause injury, obstruction, danger or

annoyance

to persons who may have persons who may have occasion to use any public right. A

common nuisance is not excused on the ground it causes some convenience or

advantage. Under 269/270It can be a negligent act or a malignant act which can

spread infection or disease dangerous to life. These sections enable a person to

file a

charge sheet to prohibit the killing of an animal or the sale of the meat

obtained from

sacrificed animals, in any public place, other than those which are registered

for this

purpose. Also, the killing of an animal in public place amounts to public

nuisance,

and annoyance to the public.

The Experiments On Animals( Control And Supervision) Rules,1968

Q 47) What does the law say regarding the conducting of experiments on animals?

A) Section 4 of the Experiments on Animals ( Control and Supervision ) Rules,

1968 lays

down certain conditions regarding the conducting of experiments which are as

follows :-

e) Experiments should be performed with due care and humanity

f) Experiments shall be performed in every case by or under the

supervision of persons duly qualified, in a laboratory

adequately equipped and staffed for the purpose and under the

responsibility of the person performing the experiment.

g) Minimum number of animals shall be used in an experiment

h) Experiments involving operative procedure more severe than

simple inoculation or superficial venesection shall be

performed under the influence of anaesthetic of sufficient

power to prevent the animal feeling pain and it shall remain so

throughtout the experiment.

i) The experiment shall not be performed for the purpose of

attaining or retaining manual skill.

j) Experiment shall not be performed by way of an illustration of

lecture in schools or colleges

k) Experiments shall not be performed as a public demonstration

except for advancement of knowledge

l) The substance known as Urari or Curari or any such paralysant

shall not be used or administered for the purpose of any

experiment except in conjunction with anaesthetic of sufficient

depth to produce loss of consciousness;

Q 48) Is it illegal to sell animals for experiments?

A) Yes, it is illegal to sell animals for experiments. Section 4A of The

Experiments on

Animals (Control and Supervision) puts restriction on sale etc., of animals for

experiments. It says that no officer, employee or agent of any animal-control

authority

shall sell, give, transfer, trade, supply or otherwise provide any animal coming

into his or

her possession to any animal dealer, commercial kennel, pet shop, laboratory,

educational

institution or other person for the use in research, product development

testing, education,

biological production or other scientific, biomedical or veterinary purposes.

Also the

hospital, educational institution, laboratory or any person is prohibited to

purchase or

accept any dog or cat not purposely bred for research from any animal-control

authority,

commercial kennel, pet shop or animal dealer for use in research, product

development,

testing, education, biological production, or other scientific, biomedical or

veterinary

purpose.

The Wildlife Protection Act,1972

Q 49) What kind of birds is it legal to keep?

A) No Indian birds can be legally kept under the Wildlife Protection Act, 1972.

Only

exotic species can be kept and that too if the seller/ owner establishes that

they have come

from outside the country. In order to prove that, the seller must have an import

licence

and permission from the CITES Bureau.

CITES or the United Nations Convention on International Trade In Endangered

Species

of Wild Fauna And Flora came into effect in order to protect rare and endangered

species

of wild fauna and flora against over-exploitation. The convention ensures that

international trade does not pose a threat to the survival of species in the

wild.

The convention also provides strict regulation over export of those species

threatened by

trade.

Even the keeping of a permissible bird must be in conformity with the provisions

of

Section 11 of the Prevention of Cruelty to Animals Act, which stipulates that

any person

who keeps and confines any animal in any cage which does not measure

sufficiently to

permit the bird a reasonable opportunity of movement or does not provide the

bird with

sufficient food, drink and shelter shall be guilty of treating that bird

cruelly. The failure to

comply with these provisions of Section 11 of PCA is a punishable offence and

the

offender would be liable to be arrested and punished. Hence the sane and safe

course of

action is to let the birds go free.

Q 50) What does the law say about selling wild birds in the local market?

A) The word ? wild bird? means a bird that has come under the purview of The

Wildlife

Protection Act, 1972, which extends its protection to about 122 species of

birds.

Section 9 of the WPA prohibits hunting of wild birds. ?Hunting? in common

parlance

signifies the pursuit, trapping and then killing of an animal. But under the WPA

?hunting?

also includes capturing and trapping of any wild animal. Further, Section 57 of

W.P.A

raises a legal presumption that if a person is in possession, custody or control

of any

captive animal (including wild birds), it shall be presumed that such a person

is not in

lawful possession of such a captive animal. Hence, a person selling a wild bird

in the

local market is guilty of the offence of ?hunting? and is liable to be punished

with

imprisonment for a term, which may extend to three years as stipulated under

Section 51

of the WPA.

Q 51) Does the Police have the power to arrest under the Wildlife Protection

Act?

A) Section 50 of WPA authorizes the Director, or the Chief Wildlife Warden or

any

officer authorized by them or any forest officer or any police officer not below

the rank

of sub-inspector to arrest any person without warrant and detain him, if the

arresting

officer has reasonable grounds for believing that such person has committed an

offence

against the WPA. Section 51(1) of the WPA stipulates that any person who

contravenes

any provision of Act or any rule or order made thereunder shall be guilty of an

offences

under this Act and shall, on conviction, be punishable with imprisonment for a

term

which may extend to three years or with fine which may extend to twenty-five

thousands

rupees or with both.

Q 52) What are the duties and responsibilities of Honorary Wildlife Wardens?

A) Honorary Wildlife Wardens are appointed under sub-section © of section 4 of

the

Wildlife Protection Act, 1972 and are deemed to be public servants. The main

duty and

responsibility of an Honorary Wildlife Warden is to assist wholeheartedly the

State

organization responsible for wildlife conservation work, especially with regard

to the

following matters:

a) Control of poaching and clandestine trade in wild animals and

products/articles

thereof

b) Detection and prosecution of offences under the Wildlife (Protection) Act and

the

Rules made thereunder

c) Preventing damage to the habitat of wildlife

d) Identification and selection of areas suitable to be declared as sanctuaries,

national

parks, closed areas, etc., as well as measures for their proper protection

e) Measures for dealing with the problem of damage by wild animals to life and

property, including the assessment and payment of compensation, etc.

f) Carrying the message of conservation to the people and enlisting public

support

for nature and wildlife conservation. The effort should be specially directed

towards the communities living in or near the declared wildlife reserves.

g) Any other matter connected with the protection of wildlife, which may be

entrusted by the Wildlife Advisory Board or the Chief Wildlife Warden of the

State, from time to time.

Along with , their duties Honorary Wildlife Wardens have specific powers

delegated

to them under the Wildlife Protection Act, 1972, for making them useful and

effective. These powers are:

(a) Power to inspect records of the licenses under section 47 (b) of the Act

(b) Powers of entry, search, seizure, and detention under Section 50 for the

prevention and detection of offences.

© They are also authorized to complaint in court in accordance with Section

55 of the Wildlife Protection Act, 1972.

Q 53) What is the law that pertains to madaris/kalandars?

A) No private person in India is allowed to capture, own, buy, sell, train or

show any

wild animals for public exhibition. The animals that are sued by madaris; i.e.

monkeys,

snakes, bears, mongooses, parakeets are all protected by the Wildlife Protection

Act,

1972 and cannot be used. Section 22 of the Performing Animals Rules of the

Prevention

of Cruelty to Animals Act, 1960 is also applicable. Since, both are cognizable

offences,

the madari can be arrested on the spot, and the animal confiscated and handed

over to the

Wildlife Dept, Zoo or a Local Animal Welfare Shelter. In the case of healthy

snakes,

mongooses or birds, the animals should be released in a wooden area.

Q 54) Can anyone including the Government hire people with langurs to drive away

monkey from their premises?

A) No, this is illegal. Langurs are covered under the Wildlife Protection Act

making it

illegal to buy, sell, own or keep them. If a madari is not allowed to own a

protected

species, how can he use that animal in his trade or profession and how can

Government

recognize the illegal use of an animal. The person recruiting the madari and

langur is to

be arrested under the same laws as the madari.

 

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Source of this emailed article:

http://publish.indymedia.org.uk/en/2009/05/430175.html