pil to ban thorn bits moved in rajasthan high court (jaipur bench) by abhishek kadyan

8/13/2019 PIL to ban thorn bits moved in Rajasthan High Court (Jaipur Bench) by Abhishek Kadyan

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IN THE HIGH COURT OF JUDICA RE FOR RAJASTHAN

AT JAIPUR BENCH, JAIPUR

D.B. Public Interest Litigation No. 20513/ 2013.

CAUSE TITLE

PETITIONERS:

1. Human Settlement Technology Centre through its President,Geetesh Khanna s/o late Shri K.K.Khanna, Age 29 years, Jaipur,

Office-21, Sethi Colony, C Block, Agra Road, ward No.32, Jaipur.

Mobile No.9829322722

2. Organization for Animal Protection, through its Honorary AnimalWelfare Officer, AWBI and Media Adviser to OIPA, Shri Abhishek

Kadyan s/o Shri Naresh Kadyan, Age 29 years, Regional Office at

21, Sethi Colony, C Block, Agra Road, ward No.32, Jaipur and

resident of C-38,Rose Apartment, 14,Prashant Vihar, Rohini,

Delhi. Mobile No. 09813010595

VERSUS

RESPONDENTS:

1. State of Rajasthan through Chief Secretary , Government ofRajasthan, Jaipur

2. Animal Welfare Board of India, through the Secretary, No13/1, Valmiki Nagar Near Singapore Shopping, 3rd Seaward

Road, Thiruvanmiyur, Chennai 600041


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3. The Secretary to the Ministry of Environment and Forest (Govt.of India), CGO Complex, Lodhi Road, New Delhi.

***********

D.B.PUBLIC INTEREST LITIGATION

PETITION CHAPTER XXII-A RULE

385A TO 385R FILED BEFORE

RAJASTHAN HIGH COURT, JAIPUR

BENCH AT JAIPUR

AND

IN THE MATTER OF:-

CONSTITUTIONAL WRIT

JURISDICTION AND PUBLIC

INTEREST LITIGATION U/A 226 OF

THE CONSTITUTION OF INDIA

AND

IN THE MATTER OF:-

LETTER PETITION FILED ONLINE

BY PETITIONERS

AND

IN THE MATTER OF:-

THE PREVENTION OF CRUELTY TO

ANIMALS ACT, 1960 (59 OF 1960) AS

AMENDED BY CENTRAL ACT 26 OF

1982

AND

IN THE MATTER OF:-


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THE PERFORMING ANIMAL RULES,

1973 AND SECTION 2(h) OF THE

PERFORMING ANIMALS

(REGISTRATION) RULES, 2001

AND

IN THE MATTER OF:-

THE PREVENTION OF CRUELTY TO

DRAUGHT AND PACK ANIMAL

RULES, 1965

AND

IN THE MATTER OF:-

ARTICLES 51A(g) OF THE

CONSTITUTION OF INDIA

AND

To,

The Hon'ble Chief Justice and his other companion Judges

of the High Court of Judicature for Rajasthan at Jaipur.

MAY IT PLEASE YOUR LORDSHIPS,

On behal f of the pet it ioners , i t is humbly and

respectful ly sheweth:

1)

PARTICULARS OF THE CAUSE/ORDER

AGAINST WHICH/FOR COMPLIANCE OF

WHICH THE PETITION IS MADE

A). Date of Order/Notification/Circular/Policy

Decision/report/Investigation etc. That India is the

only country using thorn bits. Everywhere else the bits are smooth,


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Rs.50/- was fixed .This is a toothless Act which does not have any

provisions for punishing the habitual offenders of inflicting cruelty on

Animals. The Draft new Amended Act would repeal the Act,1960 and

the cruelty on animals may be punishable. Presently as per Section 31

of the Act of 1960, only offence punishable under clause (1) or clause

(n) or clause (o) of sub section (i) of section 11 or under section 12 is

cognizable offence. Remaining all sections is non-cognizable offence.

Hence ordinance needs to be directed to be passed and

implementation of Animal Welfare Act,2011 needs to be directed for

punishing people killing animals in cruel manner or treating animals

cruelly or animal slaughters.

2). Subject Matter in Brief

A. India is the only country using thorn bits. Everywhere elsethe bits are smooth, with no thorns or spikes protruding and

injuring the mouth of a horse. Foreigner horsemen/horsewomen

seeing the Indian thorn bits are horrified. They never had seen

them before. The bit is a means to communicate with the horse.

If you want a calm, responsive and balanced horse, you must not

inflict pain, you should use a smooth bit or a bitless bridle. If you

want subtleness, the aids applied must be subtle too. Thorn bits

are cruel devices that create pain and tension in the horses.

B. As thorn bits are a torture instrument injuring the horseand causing him/her pain, the horse becomes scared of humans,

is said to be hot-blooded, and when ridden, the horse lifts the

head high making it impossible to perform equestrian disciplines

like dressage, even when the thorn bit is replaced by a smooth


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bit. The horse has become useless for higher equestrian activities

for life.

C. Thorn bits are bits with many thorns or spikesprotruding from the part of the bit that goes inside the mouth of

a horse. Some thorn bits have very sharp spikes, others round.

Some spikes are long, others small. Thorn bits are made of metal

and often rust. They are used in Marwari, Kathiawari, Sindhi or

any other breed of desi horses. They are manufactured in rural

places of India, used rurally, sold and used at the horse fairs too.

D. When the rider pulls the reins, the thorns of the bit cutthe horseslips and sometimes his/her tongue, giving great pain

and injuring the horse. As the horse lifts the head and neck in

pain, he/she hollows the back and lowers the hips, which strains

the backbone muscles from neck to tail and the legs causing pain

and often joints/muscles issues. (The rider sitting on the loins

adds even more pressure and pain).

E. We might guess a horse is having a thorn bitwhen:a). The bit is having double rings on each side (typical of desi

bits),

b). The horse is having foam on the mouth, pink foam (saliva

mixed with blood) due to the mouth cuts inflicted by the bit

or even plain blood stains in the corners of the mouth,

c). The horse opens widely his/her mouth when the reins are

pulled (to try avoiding the pain),

d). The horse keeps his/her head high while ridden (to try

escaping from the bit as it causes pain).


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e). The horse is doing rewaal chal gait (amble) (often rewaal

chal is achieved through pain).

F. Duties of persons having charge of animals: It shall be the

duty of every person having the care or charge of any animal to take

all reasonable measures to ensure the well-being of such animal and

to prevent the infliction upon such animal of unnecessary pain or

suffering.

G. Treating animals cruelly:

(1) If any person:

(a) beats, kicks, over-rides, over-drives, over-loads, tortures or

otherwise treats any animal so as to subject it to unnecessary pain or

suffering or causes, or being the owner permits, any animal to be so

treated; or

(b) 13(employs in any work or labour or for any purpose any animal

which, by reason of its age or any disease) infirmity; wound, sore or

other cause, is unfit to be so employed or, being the owner, permits

any such unfit animal to be employed; or c) wilfully and unreasonably

administers any injurious drug or injurious substance to 14(any

animal) or wilfully and unreasonably causes or attempts to cause any

such drug or substance to be taken by 15(any animal;) or (d) conveys

or carries, whether in or upon any vehicle or not, any animal in such a

manner or position as to subject it to unnecessary pain or suffering;

or (e) keeps or confines any animal in any-cage or other receptacle

which does not measure sufficiently in height, length and breadth to

permit the animal a reasonable opportunity for movement; or f)

keeps for an unreasonable time any animal chained or tethered upon

an unreasonably short or unreasonably heavy chain or cord; or (g)


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being the owner, neglects to exercise or cause to be exercised

reasonably any dog habitually chained up or kept in close

confinement; or (h) being the owner of (any animal) fails to provide

such animal with sufficient food, drink or shelter; or (i) without

reasonable cause, abandons any animal in circumstances which

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

(j) wilfully permits any animal, of which he is the owner, to go at large

in any street, while the animal is affected with Contagious or

infectious disease or, without reason able excuse permits any diseased

or disabled animal, of which he is the owner, to die in any street; or

(k) offers for sale or without reasonable cause, has in his possession

any animal which is suffering pain by reason of mutilation,

starvation, thirst, overcrowding or other illtreatment; or 16{(1)

mutilates any animal or kills any animal (including stray dogs) by

using the method of strychnine injections, in the heart or in any other

unnecessarily cruel manner or;) 17{(m) solely with a view to

providing entertainment (i) confines or causes to be confined any

animal (including tying of an animal as a bait in a tiger orother

sanctuary) so as to make it an object or prey for any other animal; or

(n) 18[xxxx] organises, keeps uses or acts in the management or, any

place for animal fighting or for the purpose of baiting any animal or

permits or offers any place to be so used or receives money for the

admission of any other person to any place kept or used for any such

purposes; or (o) promotes or takes part in any shooting match or

competition wherein animals are released from captivity for the

purpose of such shooting: he shall be punishable 19(in the case of a

first offence, with fine which shall not be less than ten rupees but


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which may extend to fifty rupees and in the case of a second or

subsequent offence committed within three years of the previous

offence, with fine which shall not be less than twenty-five rupees but

which may extend, to one hundred rupees or with imprisonment for a

term which may extend, to three months, or with both.] (2) For the

purposes of section (1) an owner shall be deemed to have committed

an offence if he has failed to exercise reasonable care and supervision

with a view to the prevention of such offence; Provided that where an

owner is convicted permitting cruelty by reason only of having failed

to exercise such care and supervision, he shall not be liable to

imprisonment without the option of a fine. (3) Nothing in this section

shall apply to - (a) the dehorning of cattle, or the castration or

branding or noseroping of any animal in the prescribed manner, or

(b) the destruction of stray dogs in lethal chambers 20[by such other

methods as may be prescribed] or (c) the extermination or

destruction of any animal under the authority of any law for the time

being in force; or (d) any matter dealt with in Chapter IV; or (e) the

commission or omission of any act in the course of the destruction or

the preparation for destruction of any animal as food for mankind

unless such destruction or preparation was accompanied by the

infliction of unnecessary pain or suffering.

H. The Draft rules of Animal Welfare Act, 2011 was prepared by

the Ministry of Environment and Forest (Govt. of India), which is

under consideration with the concerned Ministry.

PARTICULARS OF THE PETITIONERS:-

1. That pet it ioner no-1 (hereinafter referred aspet it ioner society) is a wel fare body and a technology


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centre const ituted in 1999 in order to increase publ ic

understanding of the pr inciples , act ivit ies and

achievements of United Nations and its Agencies . I t

is also working with UN Habitat af f i l iated Centre for

Human Sett lements based at Kolkatta for wel fare of

s lums. The Organizat ion keeps United Nations

informed about UN Agency act ivit ies and programmes

and learns technology on var ious aspects .The

organ izat ion has in this Honble Court various publ ic

Interest Lit igat ions disposed and pending. Some are

on

(i) . Drying Sambhar Salt lake,

( i i) .Amber Palace at Jaipur losing i ts or iginal ity due

to renovat ion works;

( i i i ) . Metro Rail construct ion should not be al lowed

so as to demolish underground heritage routes in

heritage wal led c ity of Jaipur;

(v) .Overloading of trucks should not be al lowed;

(vi) . I l legal trade of dead bodies being undertaken in

India where cops are sel l ing corpses to the medical

col leges for experimentat ion i l legal ly;

(vi i) . Residential areas should not be al lowed for

commercial use;

(vi i i) .Rules of Rajasthan Motor vehicle Tax

chal lenged where old commercial vehicles are being

charged value added tax and paying taxes more than

the value of new vehicle of same kind.


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( ix) . Maternal Deaths at Jodhpur Hospitals by give

wrong treatment due to medical care lessness of

Doctors .(At Jodhpur)

All the above writs have been chal lenged before the

Rajasthan High Court , Jaipur

Besides this NGO promotes training capabil i t ies at

the state and local levels and to establ ish a forum for

interact ion with Administrators , Professionals , and

Researchers etc . HSTC off ice engages in pol icy

dialogue to improve the standard of l iving of the

rural-urban poor result ing into improved approaches

to shelter , water , sanitat ion, infrastructure,

protect ion of natural environment etc . Beginning with

experiences of expert organizat ions with urban

infrastructure, land and management, this

organizat ion helps def ine major urban environmental

issues and provide the basis for innovations in future

programming for the whole of Rajasthan.

The copy of the Const itut ion of the Pet it ioner society

and the Resolut ion passed by the society members

authorizing pet it ioner to f i le , s ign, ver ify the Publ ic

Interest Lit igat ion is produced herewith and marked

as Annexure A-1.

2. That petitioner No.2 is Honorary Animal Welfare Officer,AWBI and Media Adviser to OIPA Indian People for Animals

having established Jaipur Region Office along with Non-

Government Organization Human Settlement Technology Centre


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at the office of Petitioner no.2.though its main office is at New

Delhi. The copy of the authorization and Constitution of

International Organization for Animal Protection an NGO

associated within Department of Public Information is submitted

herewith and marked asAnnexure-2.

3 . That the pet it ioners have never been involved in anyother c ivi l , revenue, cr iminal l i t igat ion in any

capacity before any Court or Tr ibunal .

3). DECLARATION AND UNDERTAKING OF THE

PETITIONERS:

1 . That the present pet it ion is being f i led by way ofpubl ic interest l i t igat ion and the pet it ioners do not

have any personal interest in the matter . The

petit ion is being f i led in the interest of people in

general along with their horses .

2. That the ent ire l i t igat ion cost , including the advocate sfee and other charges is being borne by the

pet it ioners . Permanent Account No. is not avai lable

with any pet it ioner s .

3. That a thorough research has been conducted in thematter raised through the publ ic interest l i t igat ion

and al l the relevant mater ial as Reports ,

photographs, newspapers c l ippings which were

col lected during vis it of Sambhar Lake by

pet it ioners and the counsel hersel f have been

annexed with the pet it ion.


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4. That to the best of the petit ioners knowledge andresearch, the issue raised was not dealt with or

decided and that a s imilar or identical pet it ion was

not f i led ear l ier by them.

5. That the pet it ioners have understood that in the courseof hearing of this pet it ion the Court may require

any security to be furnished towards costs or any

other charges and the pet it ioners shal l comply with

such requirements .

2)FACTS IN BRIEF, CONSTITUTING THE CAUSE:A.That a comfortable bit, when used properly promotes confidence in a

horse. It is one of the cornerstones of good horsemanship, no matter

what kind of riding you do. A horse is completely comfortable with

the bit thats in his mouth, both in terms of fit (not too tight or

pinching anywhere) as well as trusting and understanding the use of

that bit. If the horse is not comfortable with his bit, here are some

things to evaluate:

1. Have your horses teeth been floated in the last six months?2. Is your headstall adjusted so the bit is too tight? As a general rule, one

wrinkle on BOTH sides of your horses mouth is good.

3. Is the width of the bit a good fit for your horse? A bit thats toonarrow or too wide is very uncomfortable.

4. Take a good look at the mouthpiece. Is it too severe (the thinner themouthpiece, the higher the port and the heavier it is, the more

severe), or is the size inappropriate (larger horses might like a thicker

mouthpiece whereas smaller horses might like something thinner)?


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5. Is your curb strap too tight or too severe because the chain is twistedor is tiny (like the bicycle chain curb straps).

B. That the India bit is called Thorn bit because of the barbs on thecannons of the mouthpiece and the spike on top of the port. It was

said that the severeness of the bit was needed because the average

person there in that region was "slight in build" and was physically

unable to hold a horse with a mild bit. I guess the concept of teaching

a horse to work on a milder bit was not an achievable thought back

then. Go figure. This bit is a very severe bit. Its Fourth Century BC

from Greece. This bit has Echinus (barbed mouth piece cannons) and

mouthing chains. Most bits at this time were tied on or sewn on the

bridle of the horse making each horse to have his own personal bridle.

They were not adjustable. The two small holes on the side of the bit

cheeks, above and below the mouth piece is where the head stall

would be attached (tied on or sewn on) and ,the two hooks going

outward from the cheeks is where the reins would be attatched to

(also tied on or sewn on).


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C.That India has been described by a European as the paradise ofhorses, and from his point of view the phrase is not unfitting. The

natural affinity between horses and Englishmen becomes a closer

bond by residence in India, where everybody ridesor ought toride where horses and horse-keep are cheap, and where large castesof stable servants, contented with a low wage, are capable, Tinder

careful superintendence, of keeping their animals in a state of

luxurious comfort. The horses, however, which serve native masters,

are born to purgatory rather than to paradise. Those in the hands of

the upper classes suffer from antiquated and barbarous systems of

treatment, and are often killed by mistaken kindness or crippled by

bad training, while those of low degree are liable to cruel ill-usage,

overwork, neglect, and unrelieved bondage.The copy of photographs

of some of the spiked/thorn bits obtained from internet are submitted

herewith and marked as Annexure-3 while some are produced as

under:-


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RAJAH'S CHARGER (MARWAR BREED).
http://en.wikisource.org/wiki/File:PSM_V40_D623_Charger_of_a_rajah.jpghttp://en.wikisource.org/wiki/File:PSM_V40_D623_Charger_of_a_rajah.jpg


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D. That the "thorn-bits" here engraved are ordinary specimens of thosein use; the cut requires careful examination before their murderous

character can be made out. Some say the Indian bit is severe because

the average horseman, being of slight build, is physically incapable of

holding a horse with a fair one. There may be something in this, but

the weakness is more moral than physical; nerve is more wanting

than muscle, and reason most of all. Most of the bits are cruel, cause

injury and/or force horses through pain.

E. That Animal Protection Laws guide the Police, the HAWOs, the Non-Government Organizations and the AWOs-

( i) Sect ion 11(1) (a) of the Prevention of CrueltyAnimals Act 1960 prescr ibes and enumerates the

forms of cruelty as Beat ing, k icking, over-r iding,

overloading, tortur ing, causing unnecessary pain or

suffer ing to any animals .(Non-Cognizable of fence

under PCA Act ,1960)

( i i) Sect ion 11(1)( f) Keeping for an unreasonable t imeany animal chained or tethered upon an

unreasonably heavy chain or chord; . (Non-Cognizable

offence under PCA Act ,1960)

( i i i) Under Sect ion 2(b) of the Performing AnimalsRules ,1973, Performing Animals means any animal

which is used for the purpose of any entertainment to

which the public is admitted through the sa le of

t ickets .

( iv) Sect ion 2(h) of the Performing Animals(Registrat ion) Rules 2001 specif ies that this includes


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animals used in f i lms and for equine events . Sect ion

8 of the Act , 2001 imposes restr ict ions while

granting registrat ion for al lowing to exhibit or train

any animal as a performing animal . Under this

condit ion no. 5 of S.8 of Act ,2001 lays down that the

owner shal l ensure that any animal is not inf l icted

unnecessary pain or suffer ing before or during or

after i ts training or exhibit ion. Condit ion No.12 lays

that the owner shal l not use any tr ipping device or

wires or p it fa l ls for such animals . Condit ion No.25(1)

lays down that No horse shal l be t ied up in such a

way that his head and neck movements are

unnatural ly restr icted.

(v) Sect ion 26 of the Prevention of Cruelty to AnimalsAct, 1960 provides that any person found gui lty of

of fences with regard to performing animals wil l be

punishable on convict ion with f ine or imprisonment

or with both. The animal wil l be conf iscated and the

person wil l not be al lowed to keep an animal again.

(vi) Sect ion 8 of the Prevention of Cruelty to DraughtAnd Pack Animal Rules, 1965 prohibits the use of

spiked bits . No person shal l for the purpose of

dr iving or r iding an animal or causing i t to draw any

vehic le or for otherwise controll ing i t , use an y spiked

st ick or any other sharp tackle or equipment which

causes bruises , swel l ings, abrasions or severe pain to

the animal .


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(vi i) The Prevention of Cruelty to Animals on Foot)Rules 2001 provides that No animals shal l be t ied by

the nose or leg, only around the neck. No whip or

st ick may be used to hurry up the animals . Otherwise

any pol ice of f icer can require the owner to take the

animals to the nearest magistrate i f he violates rules .

The copy of Guidance Booklet obtained from

Internet is submitted herewith and is marked as

Annexure-4.

The copy of Prevention of Cruelty to Animals Act ,

1960 is submitted herewith and marked as Annexure- 5 .

And the copy of the Draft Animal Welfare Act , 2011 which

wi l l replace the Act, 1960 is submitted here with and

marked as Annexure-6 .

F. That the copy of Onl ine Pet it ion/Representat ion toGovernment of India and other Authorit ies f i led under

Change.Org website and the l is t of s ignatories is

submitted herewith and is marked as Annexure- 7

B) The Potential threats :i. That Pain and fear of the bit trigger flight,fight and freeze responses,

and loss of control has been documented. Over one hundred problems

the bit causes the horse. This list includes pain, bruising, lacerations

and fractures to the mouth and jaw, airway obstruction, headshaking,

behavioral problems such as rearing, bolting and bucking, and

emotional damages including fear and apprehension.

ii. That the bit sits in the horses moutha terribly sensitive area it isdifficult for most riders to use it in a way that never inflicts pain to the


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horse. Until such a time as an option was available, the bit was an

unavoidable necessity, says Dr. Cook. But now that an option is

available (in the cross-under bitless bridles or CBBs) it requires the

bit to be re-classified in terms of welfare. However, with all new ideas

and technology, there is a time lag between the research being done

and the momentwhen that advance becomes accepted.

i i i . That the mouthpiece of the bit does not rest on theteeth of the horse,but rather rests on the gums or "bars" of the horse's mouth in an

interdental space behind the front incisors and in front of the back

molars.When a horse is said to "grab the bit in its teeth" they actually

mean that the horse tenses its lips and mouth against the bit to ignore

the rider's commands (although some horses may actually learn to get

the bit between their molars).

iv. That the India bit above is called Thorn bit because of the barbs onthe cannons of the mouthpiece and the spike on top of the port.

It was said that the severeness of the bit was needed because the

average person there in that region was "slight in build" and was

physically unable to hold a horse with a mild bit. I guess the concept

of teaching a horse to work on a milder bit was not an achievable

thought back then. This bit is a very severe bit. ItsFourth Century BC

from Greece. This bit has Echinas (barbed mouth piece cannons) and

mouthing chains. Most bits at this time were tied on or sewn on the

bridle of the horse making each horse to have his own personal bridle.

They were not adjustable. The two small holes on the side of the bit

cheeks, above and below the mouth piece is where the head stall

would be attached (tied on or sewn on) and ,the two hooks going
http://en.wikipedia.org/wiki/Horse_teethhttp://en.wikipedia.org/wiki/Incisorshttp://en.wikipedia.org/wiki/Molarshttp://en.wikipedia.org/wiki/Molarshttp://en.wikipedia.org/wiki/Incisorshttp://en.wikipedia.org/wiki/Horse_teeth


21/49

outward from the cheeks is where the reins would be attached to (also

tied on or sewn on).

v. That the horse is having foam on the mouth, pink foam (salivamixed with blood) due to the mouth cuts inflicted by the bit or even

plain blood stains in the corners of the mouth, The horse opens

widely his/her mouth when the reins are pulled (to try avoiding the

pain), The horse keeps his / her head high while ridden (to try

escaping from the bit as it causes pain).

The horse is doing rewaal chal gait (amble) (often rewaal chal is

achieved through pain.

vi. That defining abuse in horse training isn't as easy as it might seem.We'd all agree that proper discipline of a horse is OK, while

maltreatment is not. But which is which? Swatting a horse that

presents his rump to kick is clearly not abuse, while administering a

90-second "horsewhipping" undeniably is. But what about all the gray

area in between these extremes?

vii. For the purposes of this, we focus on measures that most horsemencan agree are, by definition, abusive-These include:

Hang-tying to break down a horse's resistance and promote a loweredhead carriage (by exhausting the neck muscles).

Riding or longing to exhaustion (far beyond the length of time needed

to "get the fresh out").

Excessive spurring, especially with so-called "rock grinders"(extremely sharp spurs), causing bleeding and/or "spur dents"

(indentations in the cartilage between ribs).


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Excessive jerking on the mouth, especially with a severe bit (such as asuper-narrow-gauge twisted-wire snaffle), causing injury to the

tongue, bars, or lips.

Excessive jerking on the lead shank, especially when a chain is usedover the face or in the mouth, causing injury.

Excessive whipping or beating, from the saddle or the ground,causing terror or injury (thrashings that represent an expression of

anger and frustration rather than a measured attempt at discipline).

Hitting about the head, especially with a solid weapon. "Bitting around" for excessive periods (where a horse is left to stand

for hours with his head tied around to one side, then the other, to

enforce flexibility).

Withholding food or water to create submissiveness. (Cutting back onthe grain ration of a hot horse is OK; starving a horse into weakness is

not.)

That this cruelty may cause in the vanishing of the breed from Indiabecause after the horse becomes useless for owner the horse slaughter

takes place for serving its meat to dogs which is heights of cruelty of

mankind towards horses.

5. Legal Framework: A. Constitutional Provisions :

51A. The Constitution of India vide Article 51A (g) enshrines and casts

upon every citizen of India the duty to have compassion for all living

creatures, as a Fundamental Duty. The mute cannot complain and hence

the responsibility to ensure compassionate handling of animals is

greater. With this in mind, the Animal Welfare Board of India created a

comprehensive draft of the Animal Welfare Act, 2011.


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5).Findings & Suggestions Indian and Pakistani farmers use

thorn bits because they want to control and dominate the horses

fast, they want immediate results in training, for which they inflict

pain, instead of training the horses with patience and rewarding

them. They are blind to horses suffering and lack equestrian

knowledge. Thorn bits are bits with many thorns or spikes

protruding from the part of the bit that goes inside the mouth of a

horse. Some thorn bits have very sharp spikes, others round. Some

spikes are long, others small. Thorn bits are made of metal and often

rust. As thorn bits are a torture instrument injuring the horse and

causing him / her pain, the horse becomes scared of humans, is said

to be hot-blooded, and when ridden, the horse lifts the head high

making it impossible to perform equestrian disciplines like dressage,

even when the thorn bit is replaced by a smooth bit. The horse has

become useless for higher equestrian activities for life. When the rider

pulls the reins, the thorns of the bit cut the horses lips and

sometimes his / her tongue, giving great pain and injuring the horse.

As the horse lifts the head and neck in pain, he/she hollows the back

and lowers the hips, which strains the backbone muscles from neck to

tail and the legs causing pain and often joints/muscles issues. our

social laws determine the fate of our lives and also influence the well

being of horses. Currently, the laws in most advanced countries

provide very little protection to horses and when poorly written, they

actually contribute to wide spread horse abuse. At one time there

were laws, especially in some countries in Europe that protected

horses.


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6). SOURCE OF INFORMATION : Pushkar Fair at

Ajmer where thorn Bits are sold by traders and an

invest igat ion of horse owners at Rajasthan done by Non

Government organizat ions to f ind out what type of bits

the horse owners actual ly and frequently used. Internet

webs ites and reports from foreign nations who have also

given certain information.

(7)NATURE AND EXTENT OF INJURY

CAUSED/APPREHENDED

Because the horses are afforded no administrative protection under

the Animal Welfare Act, so the responsibility of looking out for horses'

welfare falls to local animal control officials. But anti-cruelty laws

provide few safeguards to horses, and many humane authorities just

don't have the resources or the time to monitor and ensure that horses

are not being overworked and that operators are following regulations.

So when horses grow too old, tired, or ill to continue pulling heavy

loads, they aren't retired to green pastures and loving homes, as many

people are led to believe. It's cost-prohibitive to maintain a permanent

sanctuary for the countless numbers of horses who break down in this

industry. Instead, many worn-out horses are slaughtered and turned

into food for dogs or for carnivores in zoos, or else they're shipped

overseas for human consumption.

7). ANY REPRESENTATION ETC. MADE:

Representations were given in different forms.

Online Petition and more than 2500 PeoplesSignature online :

That the petitioners have filed the online letter petition on Change.Org
http://www.examiner.com/x-37163-Equine-Advocacy-Examiner~y2010m6d30-A-castaway-carriage-horse-is-saved-from-certain-slaughterhttp://www.examiner.com/x-37163-Equine-Advocacy-Examiner~y2010m6d30-A-castaway-carriage-horse-is-saved-from-certain-slaughter


27/49

website and have made HE President of India, HE Vice President of India,

New Delhi., Hon'ble Prime Minister of India, Hon'ble Minister of

Environment and Forest, The Secretary to the MoEF, Animal Welfare

Division, OIPA India, Rajya Sabha Committee on Petitions, Animal Welfare

Board of India, The Cabinet Secretary to the Govt. of India, Hon'ble Chief

minister of Haryana, Hon'ble Chief Minister of Rajasthan, SP, Ajmer, DGP,

Rajasthan, District Collector, Ajmer, Shri Sachin Pilot, and The Chief

Secretary to Govt. of Rajasthan as Respondents .The petition has received

online thousands of signature from all over the world which shall be

produced at the time of arguments. This method has become increasingly

popular in bringing the population. Non Governmental Organisations and

People have sent the signature to this online petition from all over the

world United States, Germany, Turkey, Spain, India, Japan, Belgium,

Portugal, Australia, Philippines, Greece, Sweden, Italy, Bulgaria,

France,Greece, Poland, Israel, Costa Riaca, Hungary, Greece,Spain, Isle of

Man, France, Iceland, Croatia, Mexico, Denmark,Macedonia, Ukrain,

Luxemburg, South Africa, Austria, Amsterdum, Egypt, Sao Paulo,Tehran,

Russian Federation, Slovakia, Norway, New Caledonia, Malta, Canada,

United Kingdom, Netherland, Algiers, Romania, Sarajevo, , Bosnia and

Herzegovina, Serbia, Albania, Slovenia, Ukraine etc.. Copy of Online

Petition and the Signature List is submitted and marked as

Annexure-8.

8).GROUNDS FOR THE PUBLIC INTEREST

LITIGATION:-


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a)Because,bitis a type ofhorse tackused inequestrianactivities,usually made of metal or a synthetic material, and is placed in the

mouth of ahorse and assists a rider in communicating with the

animal. It rests on the bars of the mouth in an interdental region

where there are noteeth. It is held on a horse's head by means of

abridleand hasreinsattached for use by a rider.

b)Because Indian and Pakistani farmers use thorn bits because theywant to control and dominate the horses fast, they want

immediate results in training, for which they inflict pain, instead of

training the horses with patience and rewarding them. They are

blind to horses suffering and lack equestrian knowledge .

c) Because this Public Interest Litigation prays for Ban of thorn bits,promote and adopt plain bits, to control unnecessary pain and

sufferings to horses in India.

d)Because Thorn bits are bits with many thorns or spikesprotruding from the part of the bit that goes inside the mouth of a

horse. Some thorn bits have very sharp spikes, others round. Some

spikes are long, others small. Thorn bits are made of metal and

often rust. As thorn bits are a torture instrument injuring the horse

and causing him / her pain, the horse becomes scared of humans,

is said to be hot-blooded, and when ridden, the horse lifts the head

high making it impossible to perform equestrian disciplines like

dressage, even when the thorn bit is replaced by a smooth bit. The

horse has become useless for higher equestrian activities for life.

When the rider pulls the reins, the thorns of the bit cut the horses

lips and sometimes his / her tongue, giving great pain and injuring

the horse. As the horse lifts the head and neck in pain, he/she
http://en.wikipedia.org/wiki/Horse_tackhttp://en.wikipedia.org/wiki/Horse_tackhttp://en.wikipedia.org/wiki/Horse_tackhttp://en.wikipedia.org/wiki/Equestrianismhttp://en.wikipedia.org/wiki/Equestrianismhttp://en.wikipedia.org/wiki/Equestrianismhttp://en.wikipedia.org/wiki/Horsehttp://en.wikipedia.org/wiki/Horsehttp://en.wikipedia.org/wiki/Horsehttp://en.wikipedia.org/wiki/Horse_teethhttp://en.wikipedia.org/wiki/Horse_teethhttp://en.wikipedia.org/wiki/Horse_teethhttp://en.wikipedia.org/wiki/Bridlehttp://en.wikipedia.org/wiki/Bridlehttp://en.wikipedia.org/wiki/Bridlehttp://en.wikipedia.org/wiki/Reinhttp://en.wikipedia.org/wiki/Reinhttp://en.wikipedia.org/wiki/Reinhttp://en.wikipedia.org/wiki/Reinhttp://en.wikipedia.org/wiki/Bridlehttp://en.wikipedia.org/wiki/Horse_teethhttp://en.wikipedia.org/wiki/Horsehttp://en.wikipedia.org/wiki/Equestrianismhttp://en.wikipedia.org/wiki/Horse_tack


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hollows the back and lowers the hips, which strains the backbone

muscles from neck to tail and the legs causing pain and often

joints/muscles issues.

e) Because the curb bit is drastically reduced due to the anglingbetween the reins and the horse's jaw. This is not only abusive to

the horse, but also dangerous to both the rider and the horse. The

horse can see nothing in front of itself, so, unless the horse picks its

head up, you can expect to run into a fence, ditch or even better,

some nice concrete wall.

( f) . Because the horse's jaw is being literally crushed between the bars of

the bit and the curb chain, all for Entertainment. One can understand the

curb bit for the purpose of battle, but as a sport or entertainment, it is plain

absurd.

The poor horse will try to open its mouth to reduce the angle of the force,


30/49

and so we tie the lower jaw with a noseband to the upper jaw so the animal

can't do that, h

(g) . Because i t is obvious that the horse world and the interests of most

horsemen haves changed immensely in the last hundred years. The

practical usage of horses has diminished, as the horse has

increasingly become the object of entertainment, predominantly

serving to satisfy our vanities. Most so-called horse lovers lack the

imagination to find fun things to do with their horses and that

without submitting their equine achievements to some sort of

competition that is rated by a judge, they would find the horse

entirely useless. We as human beings are obsessed with the concept of

law to the extent that we even enforce it on the free creature that has

served us usefully for over five millennia, i.e. the horse.

(h). Because our social laws determine the fate of our lives and also

influence the well being of horses. Currently, the laws in most


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advanced countries provide very little protection to horses and when

poorly written, they actually contribute to wide spread horse abuse.

At one time there were laws, especially in some countries in Europe

that protected horses.

(i). Because Horses are afforded no federal protection under the Animal

Welfare Act, so the responsibility of looking out for horses' welfare

falls to local animal control officials. But anti-cruelty laws provide few

safeguards to horses, and many humane authorities just don't have

the resources or the time to monitor horse-drawn carriages in order

to ensure that horses are not being overworked and that operators are

following regulations.

(j). Because when horses grow too old, tired, or ill to continue pulling

heavy loads, they aren't retired to green pastures and loving homes,

as many people are led to believe. It's cost-prohibitive to maintain a

permanent sanctuary for the countless numbers of horses who break

down in this industry. Instead, manyworn-out horses are slaughtered

and turned into food for dogs or for carnivores in zoos, or else they're

shipped overseas for human consumption.

(k). Because The Prevention of Cruelty to Animals Act,1960was

amended in the year 1982. The government is planning to bring a new

legislation with stiffer penalties and punishments to prevent cruelty

against animals. The proposed bill is expected to replace the

Prevention of Cruelty to Animals Act 1960. Replying to a query in Lok

Sabha, environment and forests ministerJairam Ramesh said

Prevention of Cruelty to Animals Act, 1960 and Animal Welfare Board

ofIndiaAct, 1962, were meant to promote animal welfare and for the
http://www.examiner.com/x-37163-Equine-Advocacy-Examiner~y2010m6d30-A-castaway-carriage-horse-is-saved-from-certain-slaughterhttp://en.wikipedia.org/wiki/The_Prevention_of_Cruelty_to_Animals_Act,1960http://en.wikipedia.org/wiki/The_Prevention_of_Cruelty_to_Animals_Act,1960http://en.wikipedia.org/wiki/The_Prevention_of_Cruelty_to_Animals_Act,1960http://timesofindia.indiatimes.com/topic/Jairam-Rameshhttp://timesofindia.indiatimes.com/topic/Jairam-Rameshhttp://timesofindia.indiatimes.com/topic/Indiahttp://timesofindia.indiatimes.com/topic/Indiahttp://timesofindia.indiatimes.com/topic/Jairam-Rameshhttp://en.wikipedia.org/wiki/The_Prevention_of_Cruelty_to_Animals_Act,1960http://www.examiner.com/x-37163-Equine-Advocacy-Examiner~y2010m6d30-A-castaway-carriage-horse-is-saved-from-certain-slaughter


32/49

purpose of protecting animals from being subjected to unnecessary

pain or suffering.The minister said, "We want to come with a

comprehensive animal welfare Act with steep penalties. Because, as of

today, penalty is laughable. The fine is as low as Rs 50.

(l) Because according to the newly amended Indian animal welfare

Act,2011cruelty to animals is an offence and is punishable with a fine

which shall not be less than ten thousandRupees,which may extend

to twenty five thousand Rupees or with imprisonment up to two years

or both in the case of a first offence. In the case of second or

subsequent offence, with a fine which shall not be less than fifty

thousand Rupees, but may extend to onelakhRupees and with

imprisonment with a term which shall not be less than one year but

may extend to three years.

(m). Because cruelty to animals, also called animal abuseor animal

neglect, is the human infliction ofsufferingorharmupon non-

humananimals, for purposes other than self-defense or survival.

More narrowly, it can be harm for specific gain, such as killing

animals for food or for their fur, although opinions differ with respect

to the method of slaughter. It usually encompasses inflicting harm for

personal amusement (seezoosadism).

(n). Because diverging viewpoints are held by jurisdictions throughout the

world. Laws concerning animal cruelty are designed to prevent

needless cruelty to animals, rather than killing for other aims such as

food, or the concern species not eaten as food in the country involved,

such as those regarded as pets.
http://en.wikipedia.org/wiki/Rupeeshttp://en.wikipedia.org/wiki/Lakhhttp://en.wikipedia.org/wiki/Lakhhttp://en.wikipedia.org/wiki/Lakhhttp://en.wikipedia.org/wiki/Sufferinghttp://en.wikipedia.org/wiki/Sufferinghttp://en.wikipedia.org/wiki/Sufferinghttp://en.wikipedia.org/wiki/Injuryhttp://en.wikipedia.org/wiki/Injuryhttp://en.wikipedia.org/wiki/Injuryhttp://en.wikipedia.org/wiki/Humanhttp://en.wikipedia.org/wiki/Humanhttp://en.wikipedia.org/wiki/Zoosadismhttp://en.wikipedia.org/wiki/Zoosadismhttp://en.wikipedia.org/wiki/Humanhttp://en.wikipedia.org/wiki/Injuryhttp://en.wikipedia.org/wiki/Sufferinghttp://en.wikipedia.org/wiki/Lakhhttp://en.wikipedia.org/wiki/Rupees


33/49

(o). Because broadly speaking, there are two approaches to the issue.

Theanimal welfare position holds that there is nothing inherently

wrong with using animals for human purposes, such as food, clothing,

entertainment, and research, but that it should be done in a humane

way that minimizes unnecessarypain and suffering.Animal rights

theorists criticize this position, arguing that the words "unnecessary"

and "humane" are subject to widely differing interpretations and that

the only way to ensure protection for animals is to end their status as

property, and to ensure that they are never used ascommodities.

(p). Because several animal activists and the Animal Welfare Board of

India had written letters to collector and police superintendent to

check the practice at the Ajmers Pushkar fair etc, but no measures

were taken to stop the use of thorn bits. The petitioners urged the

world through online petition to take immediate measures to stop

animal stop use of thorn bits .

(q)). Because the Indian Constitution, also, under Article 51 A (g) imposes

upon every Indian Citizen a fundamental duty to have compassion for

all living creatures. But, from subjecting animals to meaningless

experiments in cosmetic-testing laboratories to killing one animal in

front of the other in an illegal slaughterhouse, from holding

cockfights to boiling monitor lizards alive to extract oil from their

bodies, mankind does it all and that too shamelessly. It is for us who

are aware and informed to keep our comforts aside momentarily and

become the voice for these mute, speechless animals as they wage

their lonely hopeless battle against the all powerful man.
http://en.wikipedia.org/wiki/Animal_welfarehttp://en.wikipedia.org/wiki/Animal_welfarehttp://en.wikipedia.org/wiki/Animal_welfarehttp://en.wikipedia.org/wiki/Pain_in_animalshttp://en.wikipedia.org/wiki/Animal_rightshttp://en.wikipedia.org/wiki/Commodityhttp://en.wikipedia.org/wiki/Commodityhttp://en.wikipedia.org/wiki/Commodityhttp://en.wikipedia.org/wiki/Commodityhttp://en.wikipedia.org/wiki/Animal_rightshttp://en.wikipedia.org/wiki/Pain_in_animalshttp://en.wikipedia.org/wiki/Animal_welfare


34/49

(r). Because what makes cruelty to animals morally unpardonable and

unacceptable, over and above human cruelty? Humans can still

protest against cruelty meted out to them, they have a voice to raise

alarm, hands to hit back. The animals sadly dont have those options

either, so in effect they are defenseless in the face of the cruelty

humans mete out to them, be it for their own pleasure, benefit or to

fulfill their sadistic desires!

(s). Because Bits and the behavior of horses while wearing bits have made

their way into popular culture outside of the horse world-

Took the bit in his teeth, a phrase that describes a horse that sets itsjaw against the bit and cannot be controlled (rarely does the horse

actually grab the bit with its molars), is used today to refer to a

person who either is taking control of a situation or who is

uncontrollable and casts off restraint.

Champing at the bit, also worded chomping at the bitor chafing at

the bit, meaning to show impatience or burst with energy, refers to a

tendency of some horses, when impatient or nervous, and especially

if being held back by their riders, to chew on the bit, often salivating

excessively. This behavior is sometimes accompanied by head-

tossing or pawing at the ground. Because this behavior was most

often seen by the general public in horses who were anxious to begin

ahorse racein the days before the invention of the starting gate, the

term has become popular in everyday speech to refer to a person

who is anxious to get started or to do something. Because some

impatient horses, when held back, would also occasionally rear, a
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35/49

related phrase, "raring to go," is also derived from observations of

equine behavior.

(t) .Because the use of Bit is mandatory in dressage

competit ion, and every r ider is faced with the chal lenge

of select ing an appropriate bit for his or her horse.

Because the bit contacts sensit ive structures within the

horse s oral cavity , improper select ion, fitt ing, or use of

a bit is l ikely to cause resistance to the act ion of the

rein or even injury to the horse s mouth. Areas where

the bit crosses a bony surface, such as the hard palate

and the bars of the mouth, are part icular ly vulnerable to

painful pressure from the bit .

(u) .Because in recent years , bits have been designed with

the intention of making the horse more comfortable,

rather than as a means of increasing the r ider s control ,

which is certa inly a pos it ive s tep.

(v). Because there are certain fundamentals to be followed for caring the

horse by his owner. (i).Good well-fitted leather saddlery is expensive,

but if it is regularly used, cleaned and oiled it will last a long time. It

must be inspected often for defects and any roughness should be

remedied promptly. Good quality equipment is a wise

investment.(ii).The saddle should not press on the horses withers as

saddle sores may result. The saddle cloth needs regular washing to

keep it free of dried sweat. Make sure it lies flat over the horses ribs

without creases, and lift it at the back and front into the channel of

the saddle to allow airflow along the horses spine. Keep the girth


36/49

strap soft and free of dried sweat; tighten it gently until it is firm, not

pinching the horse, and safe for the rider.(iii). When fitting the bridle,

make sure the bit is in just tight enough to cause a slight dent in each

side of the mouth. The throat lash should be adjusted to allow

absolute freedom to breathe; two fingers width is usually enough.

(iv).Rugs should fit well, be warm and waterproof; repair and re-

waterproof immediately after each winter.

(w).Because the other grounds would be urged at the t ime

of arguments .

10. That the pet it ioners do not have any al ternate or

equal ly ef f icacious remedy save and except this

present writ pet it ion.

11 . The pet it ioners submit that they have not f i led any

other writ pet it ion before this Honble Court or in the


37/49

Honble Supreme Court of India touching the subject

matter of this pet it ion.

12. The pet it ioners wil l re ly on the documents , a l is t

whereof is here to annexed.

9. DELAY, IF ANY, IN FILING THE PETITION AND

EXPLANATION THEREFOR: No delay.

10. PRAYER FOR THE RELIEF IN THE PUBLIC

INTEREST:-

That the pet it ioner therefore, prays that

a) This Honble Court may be pleased to admit andal low this pet it ion.

b) This Honble Court may be pleased to issue anappropriate writ , order of direct ion, direct ing the

respondents to take appropriate act ion for banning

the thorn bits, declaring their use as illegal and

replacing it with plain bits.Pushkar fair Administration may

kindly be directed to give attention, local Police be directed to

lodge FIR against all thorn bits traders during the fair, in routine

as well. Animal Welfare Board of India may kindly be directed to

issue strict instructions to the Chief Secretary to the Govt. of

Rajasthan, to ensure the production and trading to be ban in

Rajasthan, especially during Pushkar fair. Also direct State

Authorities to ban thorn bits, promote and adopt plain bits, to

control unnecessary pain and sufferings to horses in India.


38/49

c) This Honble Court may be pleased to issueappropriate writ , order or direct ions holding the

respondents under Constitution of India vide Article 51A (g)

to have compassion for all living creatures, as a Fundamental

Duty. The mute cannot complain and hence the responsibility to

ensure compassionate handling of animals is greater. With this

in mind, the Animal Welfare Board of India created a

comprehensive draft of the Animal Welfare Act, 2011 .The

proceeding for ordinance may please be directed to be

expedited for promulgated and the Draft Act 2011 may

immediately be directed to be brought into force to stop

animal cruelty.

d) Following the Rajasthan High Court ruling in the Elephant casein D.B W.P.No.(PIL)8987/2006 in Naresh Kadyan vs. State,

directions may please be given to State Government to frame

guidelines as shown in Annexure 2 at page .

e) This Honble Court may be pleased pass any otherappropriate writ , order or direct ion in the Larger

Publ ic Interest and in the Interest of the poor andneedful .

4. INTERIM ORDER, IF PRAYED FOR :It is prayed that Honble Court may be pleased to Ban

thorn bits, promote and adopt plain bits, to control

unnecessary pain and sufferings to horses in Rajasthan and

pass ordinance of the Animal Welfare Act, 2011.

CAVEAT : No notice of caveat has been received.

DATED: Humble Pet it ioners .

Through their counsel

(Neerja Khanna)


39/49

NOTES :

1 . That this is a D.B.Civi l Writ Pet it ion (Publ ic InterestLit igat ion) .

2. That PF and notices shal l be submitted withinprescr ibed t ime.

3. That due to non-avai labi l i ty of pie-papers , this writpet it ion has been typed on these stout papers .

4. That this Publ ic interest writ pet it ion has been typedby my private Steno.

Humble Pet it ioners

Through their counsel

(Neerja Khanna)

Advocate


40/49

IN THE HIGH COURT OF JUDICATURE FOR

RAJASTHAN AT JAIPUR BENCH, JAIPUR

D.B.C.W. Public Interest Litigation No. 20513 / 2013.

PETITIONERS: Human Settlement Technology Centre &

Organizat ion for Animal Protect ion

VERSUS

RESPONDENTS: State of Rajasthan and ors.

AFFIDAVIT IN SUPPORT OF WRIT PETITION.

I, Geetesh Khanna s/o late Shri K.K.Khanna, Age 29 years,

Jaipur, Office-21, Sethi Colony, C Block, Agra Road, ward No.32,

Jaipur, do hereby take oath in the name of God and

state as under:-

1 . That I am the Distr ict President of the pet it ionerno-1 society who is authorized to f i le this writ

pet it ion on the behal f of the pet it ioner no-1 in this

case and am wel l aware with the facts of this case.

2. That the annexed Publ ic interest writ pet it ion hasbeen drafted by counsel as per my i nstruct ions.

3. That the averments contained in the annexedPubl ic interest writ pet it ion regarding facts are

true and correct to my personal knowledge.

Whereas the legal submissions made there in are

believed to be true.

DEPONENT


41/49

VERIFICATION

I , the above named deponent do hereby ver ify on

oath that the contents of my above af f idavit are true

and correct to my knowledge and nothing has been

concealed therein and no part of i t is false. So help

me God.

DEPONENT


42/49

IN THE HIGH COURT OF JUDICATURE FOR

RAJASTHAN


D.B.C.W. Public Interest Litigation No. 20513/ 2013.



VERSUS


. . .

AFFIDAVIT IN SUPPORT OF DOCUMENTS.

. . .

I, Geetesh Khanna s/o late Shri K.K.Khanna, Age 29 years,

Jaipur, Office-21, Sethi Colony, C Block, Agra Road, ward No.32,

Jaipur do hereby take oath in the name of God and state

as under:-

1 . That I am the Distr ict President of the pet it ionerno-1 Society who is authorized to f i le this Publ ic

interest writ pet it ion on the beh al f of the pet it ioner

no-2 in this case and am wel l aware with the facts

of this case.

2. That Annex.1 & 2 are documents of pet it ioners &Annexure 3 to 8 annexed with the Publ ic in terest

writ petit ion are internet copies .

DEPONENT


43/49

VERIFICATION

I , the above named deponent do hereby ver ify on

oath that the contents of my above af f idavit are true

and correct to my knowledge and nothing has been

concealed therein and no part of i t is false. So help

me God.

DEPONENT


44/49

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN

AT, JAIPUR BENCH, JAIPUR

D.B.C.W. Public Interest Litigation No. 20513 / 2013 .



VERSUS


I N D E X

-------------------------------------------------------------

S.NO. PARTICULARS PAGE NO

-------------------------------------------------------------

1. Copy of writ pet it ion 1-392. Af f idavit in support of writ petit ion (PIL) 40-413. DOCUMENTS OF THE PETITIONERS :An n .1 .I n tern et co py o f do c umen ts o f pe t i t io n e r 1 4 2-45

An n .2 .Co py o f do c um en ts of p et i t i o n er n o . 2 4 6-71

An n .3 . In tern e t co py o f pho to graphs o f tho rn b i ts 72 -77

An n .4 . Inte rn et co py of Gu ide B oo k o f An im al Law s 78-106

An n .5. In tern et co py o f Act 196 0 107-12 3

An n .6. N et c op y o f Draf t Ac t 2 011 & Re pl y o f Go v t . 12 4-15 0A

An n .7 .On l in e l e tt er pet i t i o n t o Go v ern me n t 15 1-15 6

An n . 8 .Ne t c o py o f l e t ter pe t i t i o n & s i gn ato r ies l i s t 15 7-18 7

4. Aff idavit in support of documents 188-189

-------------------------------------------------------------

(Neerja Khanna)

Counsel for petitioners


45/49

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN


D.B.C.W. Public Interest Litigation No. 20513 / 2013.



VERSUS


SYNOPSIS

1 . In recent years , bits have been designed with the intentionof making the horse more comfortable, rather than as a

means of increasing the r ider s control , which i s certainly a

posit ive step.

2. the use of Bit is mandatory in dressage competit ion, andevery r ider is faced with the chal lenge of select ing an

appropriate bit for his or her horse.

3. The bit contacts sensit ive structures within the horse s oralcavity , improper select ion, f i t t ing, or use of a bit is l ikely

to cause resistance to the act ion of the rein or even injury

to the horse s mouth. Areas where the bit crosses a bony

surface, such as the hard palate and the bars of the mouth,

are part icular ly vulnerable to painful pressure from the bit .

4. India and Pakistan still use thorn bits because they want to control anddominate the horses fast, they want immediate results in training, for

which they inflict pain, instead of training the horses with patience and

rewarding them. They are blind to horses suffering and lack equestrian

knowledge.


46/49

5.IMAGES OF BITS AND WHERE THEY ARE WORN ARE ASGIVEN HEREUNDER:-


47/49

6. Thorn bits are bits with many thorns or spikes protruding from the partof the bit that goes inside the mouth of a horse. Some thorn bits have very

sharp spikes, others round. Some spikes are long, others small. Thorn bits

are made of metal and often rust. As thorn bits are a torture instrument

injuring the horse and causing him / her pain, the horse becomes scared

of humans.

7.When the rider pulls the reins, the thorns of the bit cut the horses lipsand sometimes his / her tongue, giving great pain and injuring the horse.

As the horse lifts the head and neck in pain, he/she hollows the back and

lowers the hips, which strains the backbone muscles from neck to tail and

legs causing pain and often joints/muscles issues. The horse's jaw is

literally crushed between the bars of the bit and the curb chain.

8.Worn-out horses are then slaughtered and turned into food for dogs or forcarnivores in zoos, or else they're shipped overseas for human

consumption.

9.Anti-cruelty laws provide few safeguards to horses, and many humaneauthorities just don't have the resources or the time to monitor horse-

drawn carriages in order to ensure that horses are not being overworked

and that operators are following regulations.

10. The Prevention of Cruelty to Animals Act, 1960was amended in the

year 1982. The government has planned but delaying to bring a new

legislation with stiffer penalties and punishments to prevent cruelty

against animals. The proposed bill is expected to replace the Prevention of

Cruelty to Animals Act 1960 according to the newly amended Indian

animal welfare Act, 2011cruelty to animals is an offence and is

punishable with a fine which shall not be less than ten thousandRupees,

which may extend to twenty five thousand Rupees or with imprisonment
http://www.examiner.com/x-37163-Equine-Advocacy-Examiner~y2010m6d30-A-castaway-carriage-horse-is-saved-from-certain-slaughterhttp://en.wikipedia.org/wiki/The_Prevention_of_Cruelty_to_Animals_Act,1960http://en.wikipedia.org/wiki/The_Prevention_of_Cruelty_to_Animals_Act,1960http://en.wikipedia.org/wiki/The_Prevention_of_Cruelty_to_Animals_Act,1960http://en.wikipedia.org/wiki/Rupeeshttp://en.wikipedia.org/wiki/Rupeeshttp://en.wikipedia.org/wiki/Rupeeshttp://en.wikipedia.org/wiki/Rupeeshttp://en.wikipedia.org/wiki/The_Prevention_of_Cruelty_to_Animals_Act,1960http://www.examiner.com/x-37163-Equine-Advocacy-Examiner~y2010m6d30-A-castaway-carriage-horse-is-saved-from-certain-slaughter


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up to two years or both in the case of a first offence. In the case of second

or subsequent offence, with a fine which shall not be less than fifty

thousand Rupees, but may extend to onelakhRupees and with

imprisonment with a term which shall not be less than one year but may

extend to three years.

11. Hence this writ pet it ion is f i led with prayer before thisHonble Court to direct State Authorities to ban thorn bits, promote

and adopt plain bits, to control unnecessary pain and sufferings to horses

in India. The ordinance of Indian animal welfare Act,

2011which is being delayed by may also please be directed to be

promulgated and the Draft Act 2011 may immediately be

directed to be brought into force to stop animal cruelty.

(Neerja Khanna)

COUNSEL FOR THE PETITIONERS
http://en.wikipedia.org/wiki/Lakhhttp://en.wikipedia.org/wiki/Lakhhttp://en.wikipedia.org/wiki/Lakhhttp://en.wikipedia.org/wiki/Lakh


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pil to ban thorn bits moved in rajasthan high court (jaipur bench) by abhishek kadyan

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