Petition for animals and birds, supported by Abhishek with Mrs. Suman Kadyan: National Council of SPCA's

Before the Hon’ble Chief Justice, Punjab and Haryana High Court at Chandigarh.

                                                                                                                                         Petitioner:

Naresh Kadyan, Commissioner (Headquarter), Bharat Scouts and Guides, Haryana, C-38, Rose Apartment, Prashant Vihar, sector-14, Rohini, Delhi – 110085.

                                                                                                                                    Respondents:

1.      Chief Secretary to the Govt. of Haryana, Civil Secretariat, Chandigarh.

2.      Administrative Secretary, Department of Animal Husbandry, Haryana.

3.      Chairman, Haryana Gau Seva Ayog, Mansa Devi Complex, Panchkula.

4.      Director General cum Member Secretary, Haryana Animal Welfare Board.

5.      Administrative Secretary, Department of Urban and Local Bodies, Haryana.

6.      Administrative Secretary, Department of Development and Panchyat, Haryana.

Respectfully showth:

It is humbly submitted that:

1.      Petitioner is a Commissioner (Headquarter), Bharat Scouts and Guides, Haryana without any financial gain and profit and is a permanent resident of India, abiding fundamental duties as defined under article 51 A (g) of Indian Constitution read with the fifth law of the Scouts and Guides movement to be a friend of animal and nature.

2.      The census of animals and birds goes down and some species are going to disappear from this Earth, likewise No surplus species of animals and birds to slaughter them for food and human consumption.

3.      The top court of law, passed orders, introducing mechanism of animal transportation in CWP No. 309 of 2003, State Committee for Slaughter Houses, Department of Urban and Local Body (Govt. of Haryana) was constituted with certain duty and functions but this Committee also failed to perform, No unlawful and illegal Slaughter Houses were crack down, besides it without approval, permission and Recommendation of this Committee, many export unit of slaughter houses are functional in Haryana, especially in Mewat region and non resident of Mewat, comes to operate unlawful and illegal slaughter houses in this area with the grant in aid of Central Government. It would also be pertinent to mention here that the Prevention of Cruelty to Animals (Slaughter House) Rules, 2001 is not implemented.

4.      All Enforcement Agencies including Police, doesn’t know the complete definition of animals and slaughter houses, whereas term “ANIMAL” means “All living creatures other than human beings” covered under this terms, likewise “SLAUGHTER HOUSES” means “A place where 10 or more animals are being slaughtered”. It would also be pertinent to mention here that poultry birds can’t be treated as Agriculture products and animal can be shifted in ISI specified vehicles instead goods transport vehicles as goods.

5.      As per section 35 of the Prevention of Cruelty to Animals Act, 1960, some Infirmaries were setup only on paper to place before the court of law but these Infirmaries are non functional all around in Haryana.

6.      As per section 38 of the Prevention of Cruelty to Animals Act, 1960, Rules for the “Society for Prevention of Cruelty to Animals” were introduced but till today not a single SPCA Notified by the Govt. of Haryana, failed to implement the Prevention of Cruelty to Animals (Establishment and Regulation of Societies for Prevention of Cruelty to Animals) Rules, 2001.

7.      The Animal Birth Control (Dogs) Rules, 2001 amended from time to time also not implemented as per its letter and spirit, keeping in view special budget components, State and District Committees were constituted but these committees are also non functional.

8.      The Prevention of Cruelty to Animals (Registration of Cattle Premises) Rules, 1978 also violated all around in Haryana, people left abandoned their Cattles, No cattle pond functional with basic facilities, besides it Govt. of Haryana launched time frame policy and scheme to rescue these abandoned Cattles to keep them in cattle pond, seems to be on paper and eye wash, lips movement only.

9.      The Prevention of Cruelty (Capture of Animals) Rules, 1972 with the Prevention of Cruelty to Animals (Application of Fines) Rules, 1978 and the Prevention of Cruelty to Animals (Licensing of Farriers) Rules, 1965 also adopted being animals as State subject, but not implemented their letter and spirits.

10.  The Prevention of Cruelty to Draught and Pack Animals Rules, 1965, amended 1968 also adopted but the use of thorn bits are prohibited instead its manufacturing, trading and possession not banned.

11.  The Performing Animals Rules, 1973 with the Performing Animals (Registration) Rules, 2001 adopted along with amendments without any endorsements being animal as State subject, whereas section 27 of the Prevention of Cruelty to Animals Act, 1960 exempted animal performances for educational purpose, never been appreciated in Haryana.

12.  The Prevention of Cruelty to Animals (Transport of Animals on Foot) Rules, 2001 also introduced without any rules and regulations for Camel shifting, which is a major practice in Haryana.

13.  The Transport of Animals Rules, 1978 with the Transport of Animals (Amendment) Rules, 2001 and 2009 read with the Central Motor Vehicles (Eleventh Amendments) Rules, 2015, not a single vehicle specified as per the guidelines of ISI.

14.  The Prevention of Cruelty to Animals (Aquarium and Fish Tank Animals Shop) Rules, 2017 and Prevention of Cruelty to Animals (Dog breeding and Marketing) Rules, 2017 along with Prevention of Cruelty to Animals (Regulation of Livestock Markets) Rules, 2017 and Prevention of Cruelty to Animals (Care and Maintenance of Case Property Animals) Rules, 2017 also needs attention for immediate endorsement.

15.  The Elephant being National Heritage animal of India, without any rules, regulation and Authority, which is protected under scheduled one of the Wildlife Protection Act, 1972 but defined as “Cattle” in the Cattle Trespass Act, 1871 and Indian Forest Act, 1927.

16.  The National and State symbols also adopted without any Authority, rules and regulations, whereas “Lotus” claimed to be State flower without any Gazette Notifications.

17.  The Haryana Prohibition of Cow Slaughter Rules, 1972 again adopted under section 20 of the Haryana Gauvansh Sanrakshan and Gausamvardhan Act, 2015 without introducing any mechanism of punishments for its violation, besides it not a single permit is being issued to slaughter cow on medicinal grounds and to carry beef products for human consumption as medicine, besides it rules can be made under section 19 of the Haryana Gauvansh Sanrakshan and Gausamvardhan Act, 2015 but silent on the punishment of these rules to be made out under section 19, likewise No mechanism for the disposal of naturally dead cow bones, horns, hair, skin and tallow. It would also be pertinent to mention here that how someone can find the leather of cow, whether procured through slaughtering or naturally dead cow progeny?

Prayers:

1.      Appointment of Court Commissioner, to monitor the honest implementations of the legislation's for animal rights and their welfare, restoring five basic liberties of animals and birds.

2.      Any other remedy and orders deems fit.

                                                                                                                                 Naresh Kadyan