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Basic course for Scout Masters and

Guide Captains, SPCAs, HAWOs,


AWOs and Elected Representatives
about animal welfare
Naresh Kadyan,
Commissioner, Scouts and Guides Haryana
Master Trainer, Animal Welfare Board of India
Chairman, People for Animals Haryana
United Nation affiliated International Organisation for
Animal Protection: Scouts and Guides for animals
The greatness of a nation can be judged by the
way its animals are treated - Mahatma Gandhi
Article 51 A (g) of the Constitution of India 1949: to protect and improve the
natural environment including forests, lakes, rivers and wild life, and to have
compassion for living creatures.
Article 48 : Organisation of agriculture and animal husbandry - The State shall
endeavour to organise 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 calves and other milch and drought cattle
Day 1
Times 10.00 hrs 12.00 hours 2.00 hrs 5.00 hrs

Welcome Address , attendance with Food Safety and Standards Authority of


Introduction India guidelines, rules and regulations.
Overview on Animal rights & their Prevention of Cruelty to Animals Act 1960.
welfare, Spreading awareness amongst Haryana Panchyati Raj Act, 1994.
people and persons involved in animal Prevention of Cruelty to Animals (Slaughter
slaughtering with meat trading. Houses) Rules, 2001.
Proper functioning of Infirmaries and Haryana Gauvansh Sanrakshan and
SPCAs, misuse of polythene and oxytocin, Gausamvardhan Act 2015.
stray cattle with animal birth control. Solid Wastes (Management and Handling) Rules,
Status of existed slaughter houses with 2000.
licensing process of Local Bodies. Provisions of Environment Protection Act, 1986.
Day 2
Haryana Municipal (Regulation of sale of meat) Bye
laws, 1976. Prevention of Cruelty to Animals (Aquarium and
Fish Tank Animals Shop) Rules, 2017.
Haryana Municipal (Regulation of slaughter Houses)
Bye laws, 1977. Prevention of Cruelty to Animals (Dog Breeding
Haryana Municipal Corporation (Control on Import and Marketing) Rules, 2017.
of Meat) Bye Laws, 2008. Prevention of Cruelty to Animals (Regulation of
The Haryana Municipal Corporation Act, 1994 Livestock Markets) Rules, 2017.
under Section 268 to 308 & 309 to 316, 320, 329, 332 Prevention of Cruelty to Animals (Care and
& 338 provides the mechanism for sanitation and Maintenance of Case Property Animals) Rules,
cleanliness. 2017.
338 (4) Any person slaughtering any animal or selling
or exposing for sale the flesh of any such animal in Central Motor Vehicle (Eleventh Amendments)
any place or manner not duly authorized under the Rules, 2015.
provisions of this Act shall be punishable with Cattle Transport Rules 1978 amended 2001 &
imprisonment up to six months and may be arrested 2009.
by any police officer without a warrant.
Day 3

Prevention of Cruelty to Animals (Application of Animal Birth Control (Dogs) Rules, 2001.
Fines) Rules, 1978.
Performing Animals (Registration) Rules, 2001.
Prevention of Cruelty to Animals (Licensing of
Farriers) Rules, 1965. Prevention of Cruelty to Animals (Establishment
and Regulation of Societies for Prevention of
Prevention of Cruelty to Draught and Pack Cruelty to Animals) Rules, 2001
Animals Rules, 1965, amended 1968.
Prevention of Cruelty to Animals (Transport of
Prevention of Cruelty to Animals (Restricted to Animals on Foot) Rules, 2001.
Exhibit on Trained as a Performing Animals).
Prevention of Cruelty (Capture of Animals)
ISI specified Vehicles to shift animals, Rules, 1972.
compliance of section 94 of the Haryana Motor
Vehicle Rules. Prevention of Cruelty to Animals (Registration
of Cattle Premises) Rules, 1978.
Day 4
Cattle Trespass Act, 1871. Poultry birds have no rules and regulation
under the Haryana Municipal Corporation
Haryana Cattle Fair Act. Act, 1994 and Haryana Panchyati Raj Act,
Haryana Prohibition of Cow Slaughter 1994.
Rules, 1972. Prime Minister's Employment Generation
Committee for the Purpose of Control Programme (PMEGP) has been announced
on 15th August, 2008 and launched in place
and Supervision of Experiments on
of REGP Scheme. PMEGP is a credit-
Animals (CPCSEA) linked subsidy programme launched by
Ministry of MSME in 2008-09 for creation
of employment in both rural and urban
area of the country.
Day 5
Prime Ministers Employment Generation Programme (PMEGP)

OBJECTIVES
To generate continuous and sustainable ELIGIBILITY
employment opportunities in Rural and Urban Individuals above 18 years of age.
areas of the country
VIII Std. pass required for project above
To provide continuous and sustainable Rs.10.00 lakhs in manufacturing and above Rs.
employment to a large segment of traditional 5.00 lakhs for Service Sector.
and prospective artisans, rural and urban
unemployed youth in the country through setting Self Help Groups and Charitable Trusts.
up of micro enterprises. Institutions Registered under Societies
To facilitate participation of financial institutions Registration Act- 1860.
for higher credit flow to micro sector. Production based Co-operative Societies.
AREA OF OPERATION
Rural Area as declared under KVIC Act 2006 - Scheme to be implemented by KVIC, KVIB and DIC.
(Rural Area means the area comprised in any Village and includes the area comprised in any town, the
population of which does not exceed twenty thousand or such other figure as the Central Government may
specify from time to time as declared under KVIC Act 2006)
Urban area - Only DIC

Existing units or units already availed any


SALIENT FEATURES
Govt. Subsidy either under State/Central
The Scheme is implemented through KVIC Govt. Schemes are not eligible.
and State/UT Khadi & V.I. Boards in Rural
Any industry including Coir Based projects
areas and through District Industries
excluding those mentioned in the negative
Centres in Urban and Rural areas in ratio
list.
of 30:30:40 between KVIC / KVIB / DIC
respectively. Per capita investment should not exceed
Rs. 1.00 lakhs in plain areas and Rs. 1.50
No income ceiling for setting up of projects.
lakhs in Hilly areas.
Assistance under the Scheme is available
only to new units to be established. Maximum project cost of Rs. 25.00 lakhs in
manufacturing sector and Rs. 10.00 lakhs
in Service Sector.
NEGATIVE LIST OF ACTIVITIES
Industry / Business connected with productions /
processing / sale of meat or intoxicant items like Beedi /
Pan / Cigar / Cigarette etc.
Industry / Business connected with cultivation, sericulture,
horticulture, floriculture.
Manufacture of Polythene carry bags of less than 20
microns / containers of recycled plastic.
Processing of Pashmina Wool and products involving hand
spinning and hand weaving coming under purview of Khadi
Certification Rule.
Rural Transport (except Auto rickshaw, House boat, tourist
boat in A & N Islands and except house boat, Shikara &
Tourist Boats in Jammu & Kashmir and Cycle Rickshaw.)
CNG Auto Rickshaw will be allowed only in A & N Islands
and NER with the approval of Chief Secretary of the State
on merit
SEVENTH SCHEDULE
(Article 246)
Article 243 also entitles a state government to delegate to Panchayats and Municipalities, power to make regulations for animal husbandry, dairy, tanneries etc.

List IIIConcurrent List: 47 Entries


17. Prevention of cruelty to animals
17B. Protection of wild animals and
birds List IIState List: 66 Entries
15. Preservation, protection and improvement of stock and prevention of

29. Prevention of the extension


animal diseases; veterinary training and practice
16. Pounds and the prevention of cattle trespass

from one State to another of 58. Taxes on animals and boats.

infectious or contagious diseases


or pests affecting men, animals or
plants
Day 6

Field training to identify animal abuse, Rescue of stray cows, cruel


animal shifting and illegal slaughtering, Duty Magistrate with Police
force required, to crack down these activities.
Enforcement of laws related to the prevention of cruelty against
Animals along with awareness about animal therapy for students and
preparation of animal abuser registry.
Day 7
Views sharing and oath ceremony
Distribution of certificate
Press and media briefing
Swachhta Abhiyan.
Difference between Cognizable offenses and Non-Cognizable offenses:
If a Cognizable offense has been committed, a Police Officer can investigate without the Magistrates permission and arrest
without warrant.

Cognizable Offenses- Non- Cognizable Offenses-


Section 2 (c) of the Criminal Procedure Code, 1973 Section 2 (l) of CrPc says, that non-cognizable offenses
says, that cognizable offenses or cognizable cases are or cases are those under which a police officer cannot
those under which a police officer can arrest without an arrest without a warrant.
arrest warrant. Non-Cognizable offenses are those which are not much
Cognizable offenses are those offenses which are serious in nature. Example- Assault, Cheating, Forgery,
serious in nature. Example- Murder, Rape, Dowry Defamation.
Death, Kidnapping, Theft, Criminal Breach of Trust, Section 155 of CrPc provides that in a non-cognizable
Unnatural Offenses. offense or case, the police officer cannot receive or
Section 154 of CrPc provides, that under a Cognizable record the FIR unless he obtains prior permission from
offense or case, The Police Officer has to receive the the Magistrate.
First Information Report (FIR) relating to the Under a Non-Cognizable offense / case, in order to start
cognizable offense, which can be without the the investigation, it is important for the police officer to
Magistrates permission and enter it in the General obtain the permission from the Magistrate.
Diary and immediately start the investigation.
Difference between bailable and non
bailable offence
BAILABLE OFFENCE:
In case of bailable offence, the grant of bail is a matter of right. It may be
NON BAILABLE OFFENCE:
either given by a police officer who is having the custody of Accused or by the
A non-bailable offence is one in which the grant of Bail is not a matter of right.
court. The accused may be released on bail, on executing a bail bond", with
Here the Accused will have to apply to the court, and it will be the discretion
or without furnishing sureties.
of the court to grant Bail or not.
A First Information Report (FIR) is a written document prepared
by police, when they receive information about the commission of a
cognizable offence. It is generally a complaint lodged with the
police by the victim of a cognizable offense or by someone on his or
her behalf, but anyone can make such a report either orally or in
writing to the police.

According to the law, a Zero FIR can be filed in any police station
by the victim, irrespective of their residence or crime place. Even if
you are away from the place of incident or are unaware of the right
jurisdiction, you can successfully file an FIR in any police station.
This type of FIR is termed as a Zero FIR.
" animal" means any living creature other than a human being.
Bovines, Caprines, Ovines, Suillines, and this
includes Poultry and Fish can be slaughtered
for human consumption.
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, hence animal cant be treated as
Goods, being living creatures, who have
feelings.
"Slaughter" means the killing or destruction of any animal for
the purpose of food and includes all the processes and operations
performed on all such animals in order to prepare it for being
slaughtered.

"Slaughter house" means a slaughter house wherein 10 or more


than 10 animals are slaughtered per day and is duly licensed or
recognized under a Central, State or Provincial Act or any rules
or regulations made there under.

Adoption of animals, being community pets.


No Infirmaries for animals
are functional, for treatment,
care and shelter during court
trials of abusers, whereas
Infirmaries are to be setup
under section 35 of the
Prevention of Cruelty to
Animals Act, 1960 and
feeding charges be approved
by the District Magistrate.
Non function of Infirmaries
are contempt of Honble
High Court.
The Society for Prevention of Cruelty to Animals: SPCA, needs to be functional
under the Chairmanship of Deputy Commissioner, to minimize the unnecessary
pain and suffering, to the animals.
Five liberties of animals, as
upheld by the Supreme Court
of India read with section 3
of the PCA Act, 1960

Freedom from hunger or


thirst.
Freedom from
discomfort.
Freedom from pain,
injury or disease.
Freedom to express
(most) normal behaviour.
Freedom from fear and
distress.
Animals not to be slaughtered except in recognized or licensed
houses -
(1) No person shall slaughter any animal within a municipal area
except in a slaughter house recognized or licensed by the
concerned authority empowered under the law for the time
being in force to do so.
(2) No animal which -
(i) is pregnant, or
(ii) has an offspring less than three months old, or
(iii)is under the age of three months or
(iv) has not been certified by a veterinary doctor that it is in a fit
condition to be slaughtered.
(3) The municipal or other local authority specified by the
Central Government for this purpose shall, having regard to the
capacity of the slaughter house and the requirement of the local
population of the area in which a slaughter house is situated,
determine the maximum number of animals that may be
slaughtered in a day.
The veterinary doctor shall examine thoroughly not more than 12 animals in an
hour and not more than 96 animals in a day.
Slaughter -
(1) No animal shall be slaughtered in a slaughter house in sight of other animals
(2) No animal shall be administered any chemical, drug or hormone before slaughter except drug for
its treatment for any specific disease or ailment.
(3) The slaughter halls in a slaughter house shall provide separate sections of adequate dimensions
sufficient for slaughter of individual animals to ensure that the animal to be slaughtered is not within
the sight of other animals.
(4) Every slaughter house as soon as possible shall provide a separate space for stunning of animals
prior to slaughter, bleeding and dressing of the carcasses
(5) Knocking section in slaughter house may be so planned as to suit the animal and particularly the
ritual slaughter; if any and such knocking section and dry landing area associated with it shall be so
built that escape from this section can be easily carried out by an operator without allowing the animal
to pass the escape barrier.
(6) A curbed-in bleeding area of adequate size as specified by the Central Government shall be
provided in a slaughter house and it shall be so located that the blood could not be splashed on other
animals being slaughtered or on the carcass being skinned.
(7) The blood drain and collection in a slaughter house shall be immediate and proper
(8) A floor wash point shall be provided in a slaughter house for intermittent cleaning and a hand-wash
basin and knife sterilizer shall also be provided for the sticker to sterilize knife and wash his hands
periodically.
(9) Dressing of carcasses in a slaughter house shall not be done on floor and adequate means and tools for
dehiding or belting of the animals shall be provided in a slaughter house with means for immediate
disposal of hides or skins;
(10) Hides or skins shall be immediately transported from a slaughter house either in a closed
wheelbarrow or by a chute provided with self-closing door and in no case such hides or skins shall be
spread on slaughter floor for inspection
(11) Floor wash point and adequate number of hand wash basins with sterlizer shall be provided in a
dressing area of a slaughter house with means for immediate disposal of legs, horns, hooves and other
parts of animals through spring load floor chutes or sidewall doors or closed wheelbarrows and in case
wheelbarrows or trucks are used in a slaughter house, care shall be taken that no point wheelbarrow or
truck has to ply under the dressing rails and a clear passage is provided for movement of the trucks.
12. Adequate space and suitable and properly located facilities shall be provided sufficient for inspection
of the viscera of the various types of animals slaughtered in a slaughter house and it shall have adequate
facilities for hand washing, tool sterilisation and floor washing and contrivances for immediate separation
and disposal of condemned material.
13. Adequate arrangements shall be made in a slaughter house by its owner for identification, inspection
and correlation of carcass, viscera and head.
14. In a slaughter house, a curbed and separately drained area or an area of sufficient size, sloped 33 mm
per meter to a floor drain, where the carcasses may be washed with a jet of water, shall be provided by the
owner of such slaughter house.
Engagement in slaughter house

No owner or occupier of a slaughter house


shall engage a person for slaughtering animals
unless he possesses a valid license or
authorization issued by the municipal or other
local authority.

No person who has not attained the age of 18


years shall be employed in any manner in a
slaughter house.

No person who is suffering from any


communicable or infectious disease shall be
permitted to slaughter an animal.
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) (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) willfully and unreasonably administers any injurious drug or injurious substance to
(any animal) or willfully and unreasonably causes or attempts to cause any such drug or substance to
be taken by (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) 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) willfully 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 reasonable 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 ill treatment; or
(l) 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;)
(m) solely with a view to providing entertainment, confines or causes to be
confined any animal (including tying of an animal as a bait in a tiger or other
sanctuary) so as to make it an object or prey for any other animal; or
(n) 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:
The Haryana Gauvansh Sanrakshan and Gausamvardhan Act, 2015:
Section 4 (1) (c) of the said Act, allowed cow slaughtering, subjected to experimentation in 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, hence cow progeny cant be spared for any experimentation.
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, besides it
Municipal Corporation at Panipat allowed tallow ownership to the butchers?.
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, communication through CM window also proved that not a single permit was
granted as per the Haryana Prohibition on Cow Slaughter Rules, 1972.
Section 12 allowed establishments of laboratories for testing of milk, differentiation of beef from the meat of other species of animals
but how and why cow skin and hide, horn and bones be identified and certified that same be removed from naturally dead cow?
Section 16 doesnt allow, any common citizen, to perform their fundamental duties, as defined under article 51 A (g) of Indian
Constitution.
Section 17 (2)(4), provide two opportunities to the owner of vehicle, involved in crime against cow progeny, before order of confiscation
and then before sale of confiscated vehicle, why twice?
A). 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.
B). Section 19 (2)(f) allowed, to make rules for beef or beef product can be sold under section 8, whereas no need to frame any rules for
this purpose, as explained above.
C). 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.
# 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 Slaughter House Rules, 2001.
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, section 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, whereas above 15 years of age Cow progeny can be slaughter after license.
As per section 10 of the Haryana Prohibition of Cow Slaughter Rules, 1972, feeding charges are fixed @ Rs. 20/-.
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, whereas animal have five liberties with right to live besides the
responsibilities of a custodians of animals, as per section 3 of the Prevention of Cruelty to Animals Act, 1960. It would
also be pertinent to mention here that animal cant be treated as Goods, can be shifted as per their shape and size, 11th
amendment in the Central Motor Vehicle Rules, 2015 needs immediate attention and abandoned cow progeny should be
rescued for further rehabilitation, introducing National policy.
BY:
Abhishek Kadyan,
Media Adviser to OIPA: Scouts & Guides for Animals.
Ms. Suman Malik Kadyan, Rep. of OIPA in Canada.
Ms Sukanya Kadyan Berwal,
Director of OIPA: Scouts & Guides for Animals.

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