UK Indymedia - OPEN LETTER FOR THE CHIEF MINISTER AND DGP OF JAMMU KASHMIR - NARESH KADYAN

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OPEN LETTER FOR THE CHIEF MINISTER AND DGP OF JAMMU KASHMIR - NARESH KADYAN

 

Abhishek Kadyan, Media Adviser to the OIPA in India, 08.07.2009 06:56

 

International Organization for Animal Protection - OIPA in India along with the

People for Animals (PFA) Haryana team members Basant Mala, Sharda, Abhishek,

Sukanya, Swati Grewal and Asha Yadav visited Katra and holy shrine of Maa

Vaishno Devi to investigate cruel treatment with horses, mule and donkeys, this

team was lead by Naresh Kadyan.

 

KIND ATTENTION:

1. The Chief Minister of Jammu and Kashmir.

2. The Director General of Police, Jammu and Kashmir.

3. Shri Mata Vaishno Devi Shrine Board.

 

Sir,

 

Kindly refer to the Jammu and Kashmir Prevention of Cruelty to Animals Act, 1990

-http://india.gov.in/allimpfrms/allacts/2185.pdf

THE JAMMU AND KASHMIR PREVENTION OF CRUELTY TO ANIMALS

ACT,1990

(13 of 1990)

(Published in the Government Gazzette,dated 7th of April,1990)

1. Short Title, Extent and Commencement :- (1) This Act may be called as the

Jammu

and Kashmir Prevention of Cruelty to Animals Act, 1990.

(2) It extends to the whole of Jammu and Kashmir.

2. Definitions :- In this Act, unless there is something repugnant to the

context :-

(a) 'Animal' means any domestic or captured animal or bird;

(b) 'street' includes any road, way, lane, square, court,alley,passage or open

space,

whether a thorough fare or not, to which the public have access;

3. Penalty for cruelty beating, etc., animals in a public place, etc.:- If any

person :-

(a) overrides, beating or otherwise treat any animals so as to subject it to any

unnecessary pain or suffering,etc.

(b) binds, keeps, carries or consigns for carriage any animal in such manner or

position as to subject it to unnecessary pain or suffering ,or

© offers for sale or without reasonable cause has in his possession any live

animal

which is suffering pain by reason of mutilation, starvation , overcrowding or

other ill treatment, or

(d) offers for sale any dead animal or part of a dead animal which he has reason

to

believe has been killed in an unnecessary cruel manner or,

(e) without reasonable cause abandons any animals in circumstances which render

it

likely that it will suffer pain by reason of starvation or thirst,

he shall be punished , in the case of a first offence, with a fine which may

extend to fifty rupees,

or with imprisonment with a term which may extend to one month and in the case

of, a second or

subsequent offence committed with in three years of the previous offence, with a

fine which may

extend to one hundred rupees or an imprisonment of three years or with both.

3A. Penalty for overloading :- (1) If any person overloads any animal , he shall

be punished

with fine which may extend to fifty rupees, or with imprisonment for a term

which may extend to

one month.

(2) If the owner of any animal , or any person , who either as a trader ,

carrier or contractor or by

virtue of his employment by a trader, carrier or owner is in possession of, or

in control of any

animals, permits the overloading of such animals , he shall be punished with a

fine of Rs 100.

4. If any person uses a cow for dragging the plough, he shall be punished with

simple

imprisonment which may extend to one month or with a fine of Rs. 50, or with

both.

5. Penalty for performing Phooka operation on any animal :- If any person

performs

upon any cow or milch animal the operation called phooka or permits such

operation to

be performed upon any such animal in his possession or under his control, he

shall be

punished with a fine of Rs.500 or with imprisonment for a term which may extend

to six

months , or with both.

Explanation :- Phooka includes any process of introducing air or any substance

into the

female organ of a milch animal with object of drawing off from the animal any

secretion of

milk.

6. Any person who in street with in the limits of the towns of Jammu or Srinagar

or on the

roads to which this Act is applicable commits any of the following offences,

shall on

conviction before a judicial Magistrate be liable to the fine which may extend

to one

thousand rupees and in default of the payment thereof to simple imprisonment

which may

extend to three weeks, namely :-

Ist :- Any person who rides or drives any animal recklessly or furiously and

thereby is likely

to cause cruelty to said animal;

2nd :- Any person who wantonly or cruelty , beats, abuses or tortures any

animal;

3rd:- any person who keeps any animals or conveyance of any kind driven by

animal standing

harnessed longer than is required for loading or unloading or for taking up or

setting down

passengers and thereby is likely to cause suffering to any animal;

4th:- any person who incites any animal to fight or baits any animals or abets

or aids any

animal such incitement or baiting.

7. If any person kills any animal in an unnecessary cruel manner, he shall be

liable to be

punished with fine extending to rupees one hundred and in default of its payment

to

simple imprisonment for a term which may extend to three weeks.

7A. Penalty for being in possession of the skin of the goat killed with

unnecessary

cruelty :- If any person, has in his possession the skin of a goat, and has the

reason to believe

that the goat has been killed in an unnecessarily cruel manner, he has been

punished with a

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

extend to

three months. Or with both, and the skin has been confiscated.

7B. Presumption as to possession of the skin of a goat :- If any person is

charged with an

offence of killing up of a goat contrary to the provisions of section7,or with

an offence

punishable under section 7A, and it is provided that such person had in his

possession, at the

time of the offence alleged to have been committed, the skin of the goat at any

part of the

skin attached thereto, it shall be presumed, until the contrary be proved that

such goat was

killed in an unnecessary cruel manner, and that the person in possession of such

skin had

reason so as to believe.

8. If any person employs in any animal in any work or labor which by reason of

any

disease, infirmity, wound, sore or other cause is unfit to be employed or

permits any such

animal in his possession or under his control to be so employed, shall be liable

to be

punished with a fine of Rs 50 and in default of its payment , to imprisonment

for two

weeks. In such cases the judicial Magistrate may direct that the animal in

respect of

which the offence is proved to have been committed shall be sent for treatment

and care

to the state veterinary Hospital and be there detained until it is in the

provision of a

veterinary doctor or Medical Authority of the Hospital.

8A. Person in possession liable in certain cases :- For the purpose of section

3A and 8, an

owner or other person in possession or control of an animal shall be deemed to

have

committed an offence . If he has failed to exercise reasonable care and

supervision with a

view to prevention of such offence , and for the purposes of section 5, If he

has failed to

prove that he has exercised such care and supervision.

9. The cost of feeding and treatment of the animal shall be payable by the owner

of the

animal according to such scale as the veterinary or ( where there is no

veterinary

Hospital) the Municipal authorities from time to time prescribe.

10. If the owner refuses or neglects to pay such cost and to remove the animal

within such

time as the veterinary or,( where there is no veterinary Hospital) Municipal

Authorities

may direct, the animal will be liable to sold and the proceeds of the sale

applied to the

payment of such cost. The surplus, if any , of the proceeds of the sale shall be

paid to the

owner on application made by him. With in one month after the date of the sale,

but the

owner shall not be liable to make any payment in access of the proceeds of the

sale. The

deficient , if any , will be made good by the municipality, by the Veterinary

Department.

11. No person shall willfully permit any animal of which he is an owner to go at

large in any

street with in the town of Jammu and Srinagar or on the roads to which this Act

is

applicable while the animal is affected with contagious or infectious diseases

or is

suffering from infirmity or disabled by disease otherwise, or without reasonable

excuse

permit any diseased or disabled animal of which he is the owner to die in the

street. Any

person, found guilty of above offence shall be liable to affine which may extend

to Rs 50.

12. Protection: - No suit , prosecution or other legal proceedings shall lie

against any person,

who is or who is deemed to be , a public servant with in the meaning of section

21 of the

Ranbir Penal Code , in respect of anything done or intended to be done in good

faith

under this Act.

13. All trials for offences against this Act shall be summoned.

14. The following is the authorized maximum weight to be loaded on the animals

and

vehicles specified below :-

(a) Pack pony to carry a load not more than 1-1/2 Kharwar or 2-1/2 maunds in

weight.

Pack Ponies under Employment on Ladakh Treaty Road to carry a load of not

more than 2-1/2 maunds.

(b) Pack bullock to carry not more than 2-1/4 to 3 maunds.

© An ekka not to carry more than four passengers excluding the driver and

2-1/2

maunds in weight.

(d) A tonga drawn by one pony or horse not to carry more than four passengers

excluding the driver and 1-1/2 maunds in weight.

(e) A tonga drawn by two ponies to carry not more than 4 passengers including

the

driver (but excluding the syce) and 3 maunds of language.

(f) A mule to be treated as a pony for carrying weight.

(g) A camel not to carry more than 6 maunds.

(h) A donkey not to carry more than 1 Kharwar or 2 maunds.

(i) A Bareilly Cart or Tumtum drawn by one pony not to carry more than 5

passengers including the driver and 2-1/2 maunds of weight.

(j) A phaeton or Landau drawn by two horses not to carry more than 5 passengers

excluding the driver and the syce and 2 maunds of luggage.

(k) A cart drawn by 2 bullock shall not carry more than 20 maunds.

(l) A cart drawn by 3 bullocks shall not carry more than 30 maunds.

(m) A cart drawn by 4 bullocks shall not carry more than 40 maunds.

(n) A rehra drawn by one horse shall not carry 9 maunds.

(o) A rehra drawn by two horses shall not carry more than 16 maunds.

Nothing contained in this Act shall be constructed to prevent any person from

being prosecuted under any law for any offence made punishable by this Act or

from being liable

under any other law to any other high penalty or punishment that is provided

under this Act

.................................................................................\

.......................

 

Team of OIPA in India and PFA Haryana found very ill treatment with the horses,

mule and donkeys in Katra, people used to ride animals towards the holy shrine

of Maa Vaishno Devi. Horses, mule and donkeys are being beaten with sticks, no

proper water, shelter and food arrangement for them, animal work under very

heavy stress, pain and injury, some time they travel in very high temperature

even, ropes tied on wounds crossing stomach. No rest for animals....round the

clock working, in night horses, mule and donkeys travel with heavy weight from

Katra to Bhavan...in day time these animals are left as stray unattended on

streets and roads.....no care, cruelty towards animals for profit.

So these animals needs care, treatment, food and proper shelter.....cruelty

towards animals be controlled, offenders of the said act be punished. Water

ponds, veterinary clinic be set up in between Katra and Bhavan, PCA Act, 1990 be

amended, duty hours be fixed for animals and all animals be registered, micro

chipped and vaccinated from time to time.

Hence necessary directions may kindly be issued to all concerned authorities and

after 15 days our team will again assessed the condition of

animals......facilities given to them, if administration failed to comply with

the observations then FIR will be lodged against all offenders, promoters of

cruelty towards animals and public interest litigation - PIL be moved in a

appropriate court of law

 

 

Naresh Kadyan,

Representative of the International Organization for Animal Protection in India,

-http://www.oipa.org/oipa/news/oipaindia.html

-http://www.oipa.org/oipaindia.html

-http://www.oipa.org/OIPA%20INDIA/hunting.html,

Chairman - PFA Haryana

-http://www.pfaharyana.in

-http://nareshkadyan.blogspot.com/

-http://www.indymedia.org.uk/en/2009/01/420777.html

Mobile - +91-9813010595

- +91- 9313312099

https://publish.indymedia.org.uk/en/2009/06/433227.html

My book -http://nareshkadyanbook.blogspot.com/

 

e-mail: kadyan.ipfa

Homepage: http://www.pfaharyana.in/

Source of this emailed article:

http://publish.indymedia.org.uk/en/2009/07/434046.html

 

Attached comment from Naresh Kadyan: