(IN) Delhi Police Act, 1978 - Amendment bill under consideration.

[Guest guest]

* Brace for a groom minus the horse*

 

A wedding party may be fined for using a horse if a new Bill to amend Delhi

Police Act is implemented

 

By Mail Today Bureau in New Delhi

 

THE wedding season in Delhi sees hundreds of processions pass through the

city streets with the groom riding a horse leading the marriage party. But

if a proposal aimed at streamlining traffic in the Capital is accepted, the

bridegroom may find himself in jail instead of at the wedding venue.

 

This may be an extreme scenario, but a “ vaguely worded†proposal to amend

the existing Delhi Police Act, 1978, to ban the display of animals in

religious processions and public gatherings may lead to situations such as

the one shown above.

 

Among a slew of changes proposed in the existing Delhi Police Act is a

proposal to make “ exposing animals†on such occasions an offence, which may

lead to violators being slapped with a fine of Rs 5,000 or jailed for up to

a month. The proposal is a part of the Delhi Police ( Amendment) Bill, 2009,

prepared in consultation with the Delhi Police, state home officials and

other stakeholders.

 

A copy of the Bill is with M AIL T ODAY . Horses, elephants and camels are

often used in Delhi during marriage and religious processions and private

parties, triggering traffic congestion and chaos on roads.

 

The proposed amendment doesn’t specify if there’s a complete ban on using

animals on such occasions, which leaves it open to interpretation by the

police officer enforcing it.

 

Senior criminal lawyer Kamini Jaiswal expressed apprehension about the

proposed law being ambiguous and said it would not serve the purpose if the

offence is not clearly specified.

 

“ In this case, the proposal should clearly state what exposing animals in

religious processions and other public gatherings means. For instance, if it

doesn’t mean marriage processions, then it must be mentioned under a

separate head of ‘ exceptions’,†she said.

 

Senior advocate KTS Tulsi said the proposed amendment was vague and should

be struck down for being ambiguous.

 

“ Criminal laws should be precise. Any loopholes in such laws can lead to

rampant misuse,†he said.

 

Asenior police officer said the clause must be re-examined to understand its

real intent and redrafted if required. “The way the proposal has been worded

leaves a lot of scope for interpretation by officers enforcing the law. I

think we must revise it to suit the real purpose,†he said.

 

Even the officials involved in shaping the proposal differed in their

interpretation of the clause. A state home department official, who was

involved in drafting the Bill, said such laws were meant to be implemented

in letter and spirit, not blindly. “The change has been proposed to ensure

animals don’t cause nuisance in public or pose a safety risk to anyone. Law

enforcers are expected to judge whether an occasion calls for penal action

or not,†the official said.

 

But a senior police officer, who was also involved in framing the draft

Bill, said the change had essentially been proposed to ensure people did not

use animals to create unrest. “For instance, miscreants can let animals

loose during religious processions, like a pig during a Muslim procession,

to offend the sensitivity of a particular community. We don’t want that,â€

said the officer.

 

While the officials were unsure about the scope and extent of the proposed

law, Delhiites and other stakeholders had mixed views about the proposal.

Animal rights activist Naresh Kadyan of the International Organisation for

Protection of Animals said it was a welcome move but a stricter penalty was

required to ensure people did not ill-treat animals.

 

“The law should be seen as one curbing animal exploitation and not as one

that will ensure people’s convenience on the road. It should be made a

nonbailable offence with a heavier fine,†he said.

 

But people used to the pomp and show of lavish marriage ceremonies and the

fervour of spirited religious processions disapproved of the proposed ban.

“This is Delhi. People here like to show-off a lot. If some one’s son is

getting married they ought to have a ghoda gaadi. Even in religious

processions or election rallies people bring horses and I guess others don’t

seem to have any problem with the traffic congestion created,†said Aamir

Ansari, a student.

 

“The Bill has been sent to Lieutenant- Governor Tejendra Khanna for possible

changes and his approval. We are expecting he’ll take a final call on it

this month,†a senior Delhi home ministry official said.