OIPA INDIA UPDATES
OIPA Indian representative Mr. Naresh Kadyan moved this application under Central Government Act: Section 133 in The Code of Criminal Procedure, 1973; Conditional order for removal of public nuisance, due to illegal and unlawful meat shop cum slaughter houses, stray cattle’s, dogs and monkeys / Misuse of Oxytocin and polythene along with stubble burning and right to water and sanitation, whereas animal are being shifted in non ISI goods transport vehicles and strict compliance of Intensive National Cleanliness Campaign because all field functionaries in Haryana, are not performing their official duties and whole Universe going to celebrate International Day for Non Violence, on the eve of Gandhi jayanti, whereas unlawful slaughter houses are functioning, animals are abused during cruel transportation and man animal conflict increasing day by day, likewise fire crackers spoiling environment and creating public nuisance amongst animal and birds along with human beings.
He referred to the following parts of the legislation:
“Prosecutions should be launched under Section 98 of the Delhi Police Act, 1978 and Section 289 of the Indian Penal Code, 1860 against the owners of any cattle and bovine animals which are found on the streets and roads” Likewise para 40 of the orders passed by the Allahabad High Court on dated December 4, 2015, which is also reproduced as below:
“Cattle owners cannot be seen withholding their hands, to leave the cattle on road surviving on water of drains / sewer and garbage which is definitely a cruelty. As such, owners of such animals should be prosecuted under the provisions of the Prevention of Cruelty to Animals Act, 1960, Police Act and Sections 289, 428, 429 I.P.C. as well. This will deter cattle owner from frequently leaving animals free on roads, putting their as well as citizens’ life in danger”.
OIPA international representative in India, Mr. Naresh Kadyan, wrote a letter to the Haryana Government asking to protect stray animals and cows. Even if they are holy animals in India, they are often mistreaten and they starve because their owners don’t care about them
HERE THE LETTER:
“All living creatures except human beings are covered under the definition of the “Animals”, as per the Prevention of Cruelty to Animals Act, 1960.
Article 51 A (g) of Indian Constitution defined the fundamental duties of every citizen of India, to be humane towards animals etc.
As per section 3 read with section 11 of the Prevention of Cruelty to Animals Act, 1960, responsibilities of the custodians of animals are defined, whereas Supreme Court of India upheld five freedoms for animals, described as below:
Freedom from hunger, thirst and malnutrition; ii) Freedom from fear and distress; iii) Freedom from physical and thermal discomfort; iv) Freedom from pain, injury and disease.v) Freedom to express normal patterns of behaviour.
As per 19th Livestock Census, 2012 of India, in Haryana 117209 stray cattle’s are in Rural and Urban areas are reported, likewise 422474 stray dogs in Rural area and Urban areas are reported, whereas both species are reported as ‘Livestock’ by the Govt. of India, which is not justified because dogs can’t be treated as livestock in legal sense.
Now question arise that who bear the responsibility of these stray animals, might be Governor of Haryana as Constitutional Head of Haryana, hence he is accountable to handle these animals because Cattle and dogs became public nuisance, cows created hurdles in the traffic and dying eating garbage and polythene, which hurt the religious feelings and believes of Hindu community, easy target for butchers as well for slaughtering, besides it National policy has been framed with budget provisions for Haryana and funds has been released.
Whereas para 8 of the orders passed by the Delhi High Court in CWP No. 3791 of 2000, which is reproduced as below:
“Prosecutions should be launched under Section 98 of the Delhi Police Act, 1978 and Section 289 of the Indian Penal Code, 1860 against the owners of any cattle and bovine animals which are found on the streets and roads”
Likewise para 40 of the orders passed by the Allahabad High Court on dated December 4, 2015, which is also reproduced as below:
“Cattle owners cannot be seen withholding their hands, to leave the cattle on road surviving on water of drains / sewer and garbage which is definitely a cruelty. As such, owners of such animals should be prosecuted under the provisions of the Prevention of Cruelty to Animals Act, 1960, Police Act and Sections 289, 428, 429 I.P.C. as well. This will deter cattle owner from frequently leaving animals free on roads, putting their as well as citizens’ life in danger”
Hence Governor of Haryana either may kindly be:
Booked for the violation of the article 51 A (g) of Indian Constitution, IPC 268, 289, 295-A, 188, 120-B, 428, 429 read with section 3, 11 and 38 of the Prevention of Cruelty to Animals Act, 1960 and Haryana Gauvansh Sanrakshan and Gausamvardhan Act, 2015 and Motor Vehicle Rules, Cattle Trespass Act, 1871 etc.
To introduce State Policy for stray cows and to implement the laws of the land read with the orders passed by the Court of law because policy has been introduced for stray dogs and stray cows are being left unattended.
If, you failed to act being duty bound as per Constitution of India, on or before the International Day for Non-Violence, then I shall be compelled to move petition before the appropriate forum.”
