Wednesday, November 12, 2008

Citizens Right to Save our Mother Earth ......

Constitution of India & Fundamental Duties
India is the only country, whose Constitution casts a Fundamental Duty of every citizen to be kind and compassionate to animals.

Part IV

Directive Principles of Sate Policy

Article 48 :
Organisation of agriculture and Animal Husbandry – The State shall endeavour to organize agriculture and animal husbandry on modern and scientific lines and shall, in particular, take steps for preserving and improving the breeds, and prohibiting the slaughter, of cows and claves and other milch and draught cattle.

Article 48–A : Protection and improvement of environment and safeguarding of forest wildlife. The State shall endeavour to Protect and improve the environment and to safeguard the forests and wildlife of the country.

Part IV A
Fundamental Duties

Article 51–A :
Fundamental Duties – It shall be the duty of every citizen of India
(g) to protect and improve the natural environment including forests, lakes, rivers and wildlife and to have compassion for living creatures.

You Can Make A Difference !
Demand implementation of Existing Animal Laws

Punishable Offences

Prevention of Cruelty to Animals Act, 1960
Under Section 11
Offences

1. Beating, kicking, overriding, torturing or causing any animal pain or suffering by the owner or any other person (Tongawallas and cart-owners). Using any animal for work when it is wounded or unfit.

2. Overloading
Any weight exceeding the limits given below :
Two wheeled Vehicles Kgs.
without Ball Bearing or
Pneumatic Tyres

Small Bullock or Buffalo 500
Medium Bullock or Buffalo 700
Large Bullock or Buffalo 900
Horse 500
Camel 1000

Pack Animals Kgs.
Small Bullock or Buffalo 100
Medium Bullock or Buffalo 150
Large Bullock or Buffalo 175
Pony 70
Mule 200
Donkey 50
Camel 250

Permissible loading in a truck is only 6 buffaloes or 40 sheep/goats. Only 4 passengers excluding the driver are allowed on a tonga or a total of 325 Kgs.
3. Carrying or transporting animals in such a manner that it causes suffering. Carrying of chickens upside down on cycles, carrying of goats, pigs, cattle with their legs tied in small vehicles.

4. Caging or confining an animal in a cage, which does not allow the animal sufficient space for movement. Overcowding of animals in yards and during transportation for slaughter. This applies to the cages of circus animals & mini zoos as well.

5. Caging or confining an animal in a cage, which does not allow the animal sufficient space for movement. Overcowding of animals in yards and during transportation for slaughter. This applies to the cages of circus animals & mini zoos as well.

6. Mutilating an animal : Cutting ears or tails, cutting the beaks of birds or clipping their wings & breaking legs for transportation.

7. Giving any animal an injurious drug. All dairy owners who give oxytocin injections to their milch cattle can be raided and their dairies shut down. Also look at Section 12.

8. Organisation or offering an area for animal fights or baiting of animals (Cock or ram fighting, snake and mongoose fights).

Penalty
All these offences are punishable with a fine or with imprisonment for a term, which may extend to three months or with both.

Under Section 12
Offence

9. Any person using injections of any kind, conducting any operation called Phooka or Doom Dev to improve lactation of cows or any other milch cattle (e.g. Oxytocin injections). Penalty
The offender may be punished with a fine, which may extend to one thousand rupees or with imprisonment, which may extend to two years or with both and the animal confiscated by the Government.

Under Section 21 & 22
Offence

10. It is an offence to exhibit and train performing animals. (All madaris, snake charmers, bear and monkey performers are covered under this Section. Animal “Joyrides” are also covered under this Act.) Under Govt. notification GSR 619 (E) dated 14.10.1998 circuses may not use the following animals for training or exhibition : Bears, Monkeys, Tigers, Panthers and Lions.

Penalty
The offender may be punished with a fine or with imprisonment, which my extend to three months or with both.


Wildlife Protection Act, 1972
Under Section 9, 39, 40(2), 49B
Offences

11. Hunting, keeping or breeding of any wild animals and birds.

12. Acquiring, receiving, keeping in control, custody or possession, selling wild animals like monkeys, snakes, bears etc. or any wild birds. This includes parakeets and mynahs.
13. Selling skins or meat of wild animals. This includes monitor lizard oil or oil made of any other creature. Stuffed squirrels, snake skins and peacock feathers.

Penalty
The offender shall be punishable with imprisonment for a term of not less than one year, which may extend to six years and also with a fine, which shall not be less than five thousand rupees.

Under Section 38 (J)
Offence

14. Teasing, injuring or causing disturbance in the zoo

Penalty
The offender shall be punishable with imprisonment for six months or with fine, which may extend to two thousand rupees or with both.

Indian Penal Code, 1860
Under Section 428, 429
Offence

15. Mischief of killing or maiming of an animal of any value above ten rupees. This includes bulls, oxen, horses, mules, camels etc.

Penalty
The offender shall be punishable with imprisonment, which may extend to two / five years or with a fine or with both.

Bombay Police Act, 1951
Under Section 73 to 78 & 99
Under this Act the Police has been give special powers to take action, when an animal offence has been committed.

When a Police Officer has reason to believe an offence under Section 11 and 12 of the Prevention of Cruelty to Animals act has occurred, he may seize the animal and take it to a veterinary office.

The police officer can keep the animal in a dispensary before it is produced before a magistrate, so long as the time does not exceed three days. A Police Officer may unsaddle or unload an animal he suspects is unfit or too sick to carry out the work it is doing.
A Police Officer may arrest, without a warrant from a magistrate, any person committing in his presence any offence publishable under the Prevention of Cruelty to Animal Act.

Performing Animals Rules, 1973 & 2001
Offences

  1. Not being registered under this chapter exhibits or trains any performing animal.
  2. Being registered under the PCA Act, 1960, exhibits or trains any performing animal with respect to which or in a manner with respect to which, he is not registered.
  3. Exhibits or trains as performing animal, any animal which is not to be used for the purpose by reason of a notification issued under clause (ii) of Section 22 of the PCA Act of 1960.
  4. Obstructs or willfully delays any person or police officer referred to in section 25 in the exercise of powers under this Act as to entry and inspection.
  5. Conceals any animal with a view to avoiding such inspection.Being a person registered under the Act, on being duly required in pursuance of this Act to produce his certificate under this Act, fails without reasonable excuse so to do.
  6. Applies to be registered under this Act when not entitled to be so registered

Penalty
He shall be punishable on conviction with fine or with imprisonment, which
may extend to three months or with both.

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