restoration of human with animal rights in haryana - abhishek kadyan

8/19/2019 Restoration of human with animal rights in Haryana - Abhishek Kadyan

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Petition before the Hon’ble Chairman, Haryana Human Rights Commission,

Chandigarh, to safe guard and restoration of human rights of Hindu

community in Haryana.

Naresh Kadyan, Convener, Animal Welfare Party,

V&PO Siwana, Tehsil Beri, District Jhajjar.

Versus

1.

Shri Manohar Lal Khattar, Hon’ble Chief Minister of Haryana. 2. Shri Om Parkash Dhankar, Hon’ble Minister for Animal Husbandry, Haryana.

3. Hon’ble Chairman, State Committee for Slaughter Houses, Haryana.

4. Shri Bhani Ram Mangla, Hon’ble Chairman, Haryana Gau Seva Ayog.

5. Hon’ble Chairman, Haryana Animal Welfare Board.

6. Hon’ble Speaker, Haryana Legislative Assembly.

Respectfully, it is humbly submitted that:

1.

I, being petitioner of CWP No. 200 of 2016, which was dismissed by the Hon’blePunjab and Haryana High Court at Chandigarh, likewise SLP No. 5629 of 2016 was

also dismissed by the Hon’ble Supreme Court of India, on the grounds that violation

of human rights was not pleaded by the Advocates, whereas I am very much

comfortable with my objections and Gauvansh Sanrakshan and Gausamvardhan

Act of 2015, violated my human rights along with the rest of animal lover

communities including Hindu’s religious faith and believes, because cow progeny

can’t be offered for slaughtering, to consume their beef as human diet on medicinal

grounds without any research and recommendations, whereas regulatory body of

food articles “FSSAI” doesn’t approved beef for human consumption, likewise

“APEDA” also not allowed beef and veal export from India.

2. Animals have feeling and have legal rights, which were uphold by the Hon’ble

Supreme Court, same are reproduced below:

Extracts of some Paras of Supreme Court order dated 7.5.2014 in SLP (C) No.11686

of 2007:

Para 77: We, therefore, hold that AWBI is right in i ts stand that Jalli kattu, Bul lock-

cart Race and such events per se violate Sections 3, 11(1)(a) and 11(1)(m)(i i ) of PCA


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Act and hence we uphold the noti f icati on dated 11.7.2011 issued by the Central

Government, consequently, Bu ll s cannot be used as performing animals, either for the

Jall ikattu events or Bul lock-cart Races in the State of Tamil Nadu, Maharashtr a or

elsewhere in the country. We, therefore, make the fol lowing declarations and

directions:

(1) We declare that the rights guaranteed to the Bul ls under Sections 3 and 11 of

PCA Act read with Ar ticles 51A(g) & (h) are cannot be taken away or curtailed,

except under Sections 11(3) and 28 of PCA Act.

(2) We declare that the five freedoms, referred to earl ier be read in to Sections 3 and

11 of PCA Act, be protected and safeguarded by the States, Central Government,

Union Territories (in short “Governments”), MoEF and AWBI.

(3) AWBI and Governments are dir ected to take appropriate steps to see that the

persons-in -charge or care of animals, take reasonable measur es to ensure the well-

being of animals.

(4) AWBI and Governments are directed to take steps to prevent the infl iction ofunnecessary pain or suffering on the animals, since their rights have been

statutor il y protected under Sections 3 and 11 of PCA Act.

(5) AWBI is also dir ected to ensure that the provisions of Section 11(1)(m)(i i)

scrupulously foll owed, meaning thereby, that the person-in-charge or care of the

animal shall not incite any animal to fight against a human being or another

animal.

(6) AWBI and the Governments would also see that even in cases where Section

11(3) is involved, the animals be not put to unnecessary pain and suf fering and

adequate and scienti f ic methods be adopted to achieve the same.

(7) AWBI and the Governments shoul d take steps to impar t education in relation to

human treatment of animals in accordance with Section 9(k) incul cating the spir it

of Arti cles 51A(g) & (h) of the Constituti on.

(8) Parl iament is expected to make proper amendment of the PCA Act to provide an

effective deterr ent to achieve the object and purpose of the Act and for violation of

Section 11, adequate penal ties and puni shments should be imposed.

(9) Parliament, it is expected, would elevate rights of animals to that of

consti tuti onal ri ghts, as done by many of the countr ies around the world, so as to

protect their dignity and honour .

(10) The Governments would see that if the provisions of the PCA Act and the

declarations and the dir ections issued by this Cour t are not properl y and effectively

compli ed with, discipli nary action be taken against the err ing off icials so that the

purpose and object of PCA Act could be achieved.

(11) TNRJ Act is found repugnant to PCA Act, which is a welf are legislation,

hence held constitutionally void, being violative of Article 254(1) of the

Constituti on of I ndia.


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(12) AWBI is dir ected to take effective and speedy steps to implement the provisions

of PCA Act in consultation with SPCA and make periodical reports to the

Governments and i f any violation is noti ced, the Governments should take steps to

remedy the same, including appropri ate fol low-up action.

Whereas I have fundamental r ights:

2.1 Right to Equality.

2.2 Right to Freedom.

2.3 Right against Exploitation.

2.4 Right to Freedom of Religion.

2.5 Cultural and Educational Rights.

2.6 Right to Constitutional Remedies.

I have observed many objectionable provisions, in the Haryana Gauvansh Sanrakshan and

Gausamvardhan Act, 2015:

1. Section 4 (1) (c) of the said Act, allowed cow slaughtering, subjected to experimentationin the interest of medical, veterinary and public health research, whereas experimentation

on animals, like rat, mice and gunny pigs are prohibited, likewise cosmetics tested on

animals, also not allowed to import in India.

2. Section 4 (3), removal of skin and hide from naturally dead cow are allowed, to the

authorized contractor and with the permission, same can be transported by them but what

about beef tallow, horn and bones of naturally dead cows, said Act is silent?.

3. Section 8 of the said Act, allowed beef products, for medicinal purposes and in such form

as may be prescribed, whereas neither beef have medicinal qualities nor prescribed by any

Authority.

4. Section 12 allowed establishments of laboratories for testing of milk, differentiation ofbeef from the meat of other species of animals but how and why cow skin and hide be

identified and certified that same be removed from naturally dead cow?

5. Section 16 doesn’t allow, any common citizen, to perform their fundamental duties, as

defined under article 51 A (g) of Indian Constitution.

6. Section 17 (2)(4), provide many opportunities to the owner of vehicle, involved in crime,

before order of confiscation and then before sale of confiscated vehicle, besides it appeal

provisions also provided.

7. Section 19 (2)(a to d) allowed to make rules for cow slaughter, as defined under section 4,

whereas experimentation on cows, seems to be objectionable.

8. Section 19 (2)(f) allowed, to make rules for beef or beef product, which can be sold under

legal provisions, as per section 8.

9. Section 19 (2)(i) allowed to make rules for cow transportation, either by road, rail and on

foot, whereas cow can be shifted in ISI specified vehicles, as per their shape and size, after

obtaining pre transport clearance about vehicles read with the Cattle Transport Rules,

1978 amended in 2001, section 94 of Haryana Motor Vehicle Rules and Central Motor


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Vehicle (Eleventh Amendment) Rules, 2015.

# Declare Cow as state animal of Haryana, without disturbing black buck, as it was done in

Rajasthan, being camel and chinkara, as their state animals. It would also be pertinent to

mention here that the said legislation is silent on the punishments for the violation of the

rules made out under section 19, whereas animal can be slaughtered as per Prevention of

Cruelty to Animals (Slaughter House) Rules, 2001.

10. Section 20 (1) repealed the Punjab Prohibition of Cow Slaughter Act, 1955 and (2)

allowed anything done or any action taken under repealed Act and rules, shall be deemed

to have been done or taken under this Act, hence all under trials case property, like

vehicles involved needs to be confiscated. As per (3), Haryana Prohibition of Cow

Slaughter Rules, 1972 are adopted as rules, till new rules to be framed under this Act,

whereas this is totally contradictions in the legal provisions and cow definition, because as

per said rules:

2 (c) “Medical purposes” means the use of beef or beef products in the diet of patients or

for medicines as may be notified by the state Government.7. Slaughter of a cow, which is objected to experimentation in the interest of medical and

public health research, likewise section 8 allowed license to sell or transport beef and beef

products for medicinal purpose, on FORM “F”, as per section 10, feeding charges are fixed

Rs. 20/-, hence Haryana Prohibition of Cow Slaughter Rules, 1972 not acceptable, who

allowed bullock slaughtering under license and feeding charges are very low @20/-, which

should be increased up to 250/-.

As per section 15, which defined an offenses under section 13 are the cognizable and non

bailable in legal terms, hence all rules, to be made under section 19 be non cognizable and

bailable in legal terms, meaning hereby section 3, 4, 5 and 8 be the cognizable and non

bailable in legal terms.

Prayers:

1. Setaside the Haryana Prohibition of Cow Slaughter Rules, 1972 because not a single

permit granted to slaughter cow, license to carry beef and their products, since 1972

till date, in Haryana.

2. All Infirmaries may be functional, which were set up to comply with the orders,

passed by the court of law.

3. All unlawful slaughter houses cum meat shops, needs to be crack down, as per

orders passed by the court of law.4. Introduction of prototype of animal carrying vehicles.

5. Introduction of animal abuser registry.

6. Declaration of Cow as state animal of Haryana with black buck.

7. Any other orders, deems fit.

Naresh Kadyan.


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restoration of human with animal rights in haryana - abhishek kadyan

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