Complaint before National Biodiversity Authority

State Biodiversity Board

Fighter by spirit: Activist by mission: Jat by birth: Cobbler by profession:
Humanitarian by choice: Gandhian by vision & action as habitually Khadi Worriers

Naresh Kadyan,
Chief National Commissioner, Scouts & Guides for Animals & Birds,
National Authority for Animal Welfare, OIPA: Indian People for Animals,
Member, IUCN Commission on Education & Communication,
C-38, Rose Apartment, sector-14, Rohini, Delhi
................. Petitioner
Versus
Animal Welfare Division / Animal Welfare Board of India throgh its Secretary
................. Respondants
Respectfully showeth:

It is humbly submitted that:

1. Animal Welfare Board of India is a statutory advisory body on Animal Welfare Laws
and promotes animal welfare in the country, established in 1962 under Section 4 of the
Prevention of Cruelty to Animals Act, 1960 (No. 59 of 1960) with mandate to prevent
the infliction of unnecessary pain or suffering on animals, in terms of the provision of
the Prevention of Cruelty to Animals (PCA) Act, 1960.
2. AWBI adopting two tyre pre shoot permission & No objection certificate under the
Performing Animals (Registration) Rules, 2001 as Performing Animals Sub Committee
3. Commericial use of biological resources, Guidelines on Access to Biological Resources
and Associated Knowledge and Benefits Sharing Regulations, 2014 were introduced
under the Biological Diversity Act, 2002.
4. Performing Animal Sub Committee (PASC) without introducing any Regulations
under section 10 of the Prevention of Cruelty to Animals Act, 1960 read with the
mandate of the National Biodiversity Authority.
5. Many private channels telecasting with commericial use on biological resources
without NBA approval under cover AWBI, which is an cognizable offense in legal
terms, Khatro ke Khiladi decorated with pre shoot permission of AWBI but without
NOC of AWBI, many eposodes goes on air, violating ban on six animal species.
6.
Details for registration number : MOEAF/E/2020/00171
Name of Complainant Naresh Kadyan
Date of Receipt 03/02/2020
Received by Ministry/Department Environment, Forest and Climate Change
Grievance Description
Kind attention: Chairman, NBA with SBB & BMCs all around India: Scanning required
with vigilance inquiry of all concerned to PASC.
Performing Animal Sub-Committee (PASC), formed by Animal Welfare Board of India
(AWBI) to evaluate applications for use of animals in films and TV serials, whereas No
permission granted by the National Biodiversity Authority, including State Biodiversity
Board & Biodiversity Management Committees read with the Peoples Biodiversity Registers,
while considering the commercial use of flora & fauna, since 2002 on wards till date,
violation of the Biological Diversity Act, 2002, break criminal syndicate between AWBI with
middle man broker & beneficiaries
Current Status Case closed
Date of Action 06/02/2020
Remarks
Forwarded to NBA for N.A
Officer Concerns to
Officer Name Shri Saumitra Dasgupta
Officer Designation Inspector General WL

Details for registration number : DOAHD/E/2019/00447

Name of Complainant Naresh Kadyan
Date of Receipt 29/09/2019
Received by Ministry/Department Animal Husbandry, Dairying
Grievance Description
524 PASC of AWBI held on 20-12-2017, item No. 1: M/s. Nature and adventure club,
Mumbai applied to display Blue and Macaw-4, Scarlet Macaw-2, Green Winged Macaw-2,
Toco Toucon-2, Sun Conore-6, Budgiers-12, Lorries-6, Gallah Cokatoo-2, Sulfer Cokatoo-2,
Pigeons-12, Finches-22, Africal Love Birds-8, Pheasants-8 for the purpose, which is exempted
under 27 (b) of PCA Act, 1960 but AWBI officials concealed facts, even PASC Members duly
aware about exemption: Exotic birds and ornamental fishes display only, No performance,
No Sales. To create awareness and education purpose for students and citizens.
Whereas 38-A of PCA Act, 1960 never enforced because Performing Rules, 2001 not placed
before both Houses of Parliament for discussion & approval, hence this Rule is unlawful &
unconstitutional, needs immediate attention.
562th PASC held on 11-9-2018: Item No. 12 also similar situation as stated above. So PASC
of AWBI illegally functioning, STOP with penalty, holding accountable & responsible as Yak
display matter mishandled.
Current Status Case closed
Date of Action 25/10/2019
Remarks
The matter is taken up for further action.
Officer Concerns to
Officer Name Dr. Sujeet Kumar Dutta
Officer Designation Deputy Commissioner

Details for registration number : DOAHD/E/2019/00445

Name of Complainant Naresh Kadyan
Date of Receipt 29/09/2019
Received by Ministry/Department Animal Husbandry, Dairying
Grievance Description
Media reports exposed PASC of AWBI, accepting bribe needs vigilance inquiry, I have proof
of many irregularities, even permission: NOC for Yak display during winter seasons around
NCR withheld without competency, whereas section 27 (b) of PCA Act exempted use of
animal for educational proposes.
K Rajan points a finger at animal welfare board: Thousands of crocodiles have been
featured in the climax of the movie produced by actor Gemini Raghava. You need to bribe
Animal Welfare Board of India to get clearance for your films while using animals or birds
as part of the script. Last month also, a Tamil film producer gave Rs 3 lakh as bribe to AWBI
to clear his film, producer K Rajan said to the shock of the gathering at the audio launch of
Aangal Jakkiradhai. Thousands of crocodiles have been featured in the climax of the movie
produced by actor Gemini Raghava.
The producer also criticised the shifting of the AWBI headquarters from Chennai to
Ballabhgarh in Haryana, which has made dealing with AWBI a cumbersome process for a
film producer. The central government should consider bringing back the AWBI office to one
of the south regions, so that it would be in closer proximity to film makers.
When DC contacted Gemini Raghava, he said that he had obtained proper permission from
AWBI after submitting the bound script before starting the shoot of AJ. For the climax,
which drives home a point, we needed more than 1,000 crocodiles. Since we followed the
procedures that are associated with AWBI, we did not face any such issue as observed by K.
Rajan sir.
Talking about the film he said, The thriller directed by Muthu Manoharan will send a
message that when women misuse the freedom given by parents in the name of womens lib,
the repercussions they face are huge.
All permission given by AWBI needs immediate scanning, till then suspension required in
public interest.
Current Status Case closed
Date of Action 25/10/2019
Remarks
The matter is taken up for further action.
Officer Concerns to
Officer Name Dr. Sujeet Kumar Dutta
Officer Designation Deputy Commissioner

Details for registration number : MOEAF/E/2020/00399

Name of Complainant Naresh Kadyan
Date of Receipt 21/03/2020
Received by Ministry/Department Environment, Forest and Climate Change
Grievance Description
To,
1. State Biodiversity Board, Haryana, via Biodiversity Management Committee, village
Sikri.
2. State Animal Welfare Board, Haryana via SPCA, Faridabad
3. SHO, sector- 58, Police Station, Faridabad
4. DC via Range Forest Officer
5. AWBI - AWD - NBA
Subject: Scouting for PASC (Film) Sub-Committee of AWBI, preventing them for the
violation of the 188, 120-B, 409 IPC read with Biological Diversity Act, 2002 & Guidelines on
Access to Biological Resources and Associated Knowledge and Benefits Sharing Regulations,
2014.
Memo:
Kindly refer to the section 2 (c) & (f), 47 of the Biological Diversity Act, 2002, which is
reproduced as ready reference read with mandate of AWBI, NBA & SBB:
Biological resources means plants, animals and micro-organisms or parts thereof, their
genetic material and by-products (excluding value added products) with actual or potential
use or value, but does not include human genetic material.
(f) Commercial utilisation means end uses of biological resources for commercial utilisation
such as drugs, industrial enzymes, food flavours, fragrance, cosmetics, emulsifiers,
oleoresins, colours, extracts and genes used for improving crops and livestock through
genetic intervention, but does not include conventional breeding or traditional practices in
use in any agriculture, horticulture, poultry, dairy farming, animal husbandry or bee
keeping.
47. Annual report, etc., of the Biodiversity Management Committee to be submitted to
District Magistrate: Every local body constituting a Biodiversity Management Committee
under sub-section (1) of section 41, shall cause, the annual report and audited copy of
accounts together with auditors report thereon referred to in sections 45 and 46, respectively
and relating to such Committee to be submitted to the District Magistrate having jurisdiction
over the area of the local body.
Being Jat by birth: Fighter by spirit: Activist by mission: Cobbler by profession:
Humanitarian by choice: Gandhian by vision & action Man of many distinctions: Voice for
animals, It is humbly submitted, that:
1. India is a party to the United Nations Convention on Biological Diversity signed at Rio de
Janeiro on the 5th day of June, 1992 & said Convention came into force on the 29th
December, 1993.
2. As Public Servants are duty bound, besides it their fundamental duties as defined under
article 51 A (g) of Indian Constitution but they failed to perform, became liability & burden
on the system.
3. AWBI with NBA & SBB, have No coordination, to safeguard flora & fauna, where as
biological resources are misusing for personal gain & profit as commercial activities with the
approval of PASC (Film) Sub-Committee of AWBI, without consulting NBA, SBB & BMC.
Mrs. Sukanya Berwal, Commissioner of Education
Naresh Kadyan, Member - IUCN Commission on Education & Communication
Current Status Case closed
Date of Action 12/05/2020
Remarks
The matter is related to Ministry of Environment, Forest and Climate Change. Hence, the
applicant may file complaints to MoEF & CC.
Officer Concerns to
Officer Name Dr. Sujeet Kumar Dutta
Officer Designation Deputy Commissioner

Details for registration number : DOAHD/E/2020/00091

Name of Complainant Naresh Kadyan
Date of Receipt 22/03/2020
Received by Ministry/Department Animal Husbandry, Dairying
Grievance Description
To,
1. State Biodiversity Board, Haryana, via Biodiversity Management Committee, village
Sikri.
2. State Animal Welfare Board, Haryana via SPCA, Faridabad
3. SHO, sector- 58, Police Station, Faridabad
4. DC via Range Forest Officer
5. AWBI - AWD - NBA
Subject: Scouting for PASC (Film) Sub-Committee of AWBI, preventing them for the
violation of the 188, 120-B, 409 IPC read with Biological Diversity Act, 2002 & Guidelines on
Access to Biological Resources and Associated Knowledge and Benefits Sharing Regulations,
2014.
Memo:
Kindly refer to the section 2 (c) & (f), 47 of the Biological Diversity Act, 2002, which is
reproduced as ready reference read with mandate of AWBI, NBA & SBB:
Biological resources means plants, animals and micro-organisms or parts thereof, their
genetic material and by-products (excluding value added products) with actual or potential
use or value, but does not include human genetic material.
(f) Commercial utilisation means end uses of biological resources for commercial utilisation
such as drugs, industrial enzymes, food flavours, fragrance, cosmetics, emulsifiers,
oleoresins, colours, extracts and genes used for improving crops and livestock through
genetic intervention, but does not include conventional breeding or traditional practices in
use in any agriculture, horticulture, poultry, dairy farming, animal husbandry or bee
keeping.
47. Annual report, etc., of the Biodiversity Management Committee to be submitted to
District Magistrate: Every local body constituting a Biodiversity Management Committee
under sub-section (1) of section 41, shall cause, the annual report and audited copy of
accounts together with auditors report thereon referred to in sections 45 and 46, respectively
and relating to such Committee to be submitted to the District Magistrate having jurisdiction
over the area of the local body.
Being Jat by birth: Fighter by spirit: Activist by mission: Cobbler by profession:
Humanitarian by choice: Gandhian by vision & action Man of many distinctions: Voice for
animals, It is humbly submitted, that:
1. India is a party to the United Nations Convention on Biological Diversity signed at Rio de
Janeiro on the 5th day of June, 1992 & said Convention came into force on the 29th
December, 1993.
2. As Public Servants are duty bound, besides it their fundamental duties as defined under
article 51 A (g) of Indian Constitution but they failed to perform, became liability & burden
on the system.
3. AWBI with NBA & SBB, have No coordination, to safeguard flora & fauna, where as
biological resources are misusing for personal gain & profit as commercial activities with the
approval of PASC (Film) Sub-Committee of AWBI, without consulting NBA, SBB & BMC.
Mrs. Sukanya Berwal, Commissioner of Education
Naresh Kadyan, Member - IUCN Commission on Education & Communication
Current Status Case closed
Date of Action 12/05/2020
Remarks
The matter is related to Ministry of Environment, Forest and Climate Change. The applicant
may approach to MoEF & CC.
Officer Concerns to
Officer Name Dr. Sujeet Kumar Dutta
Officer Designation Deputy Commissioner

Prayers:

1. Regulations about Performing Animals may be introduced under section 10 of the

Prevention of Cruelty to Animals Act, 1960 instead PASC of AWBI, including NBA
active participation, similar action under section 27 (b) of PCA Act, 1960.
2. White paper on the status of PASC past decision, permissions granted to use of
biological resources without approval of Biodiversity Management Committees, State
Biodiversity Board, National Biodiversity Authority, keeping in view of Peoples
Biodiversity Registers as per Biological Diversity Act, 2002.
3. Any orders deems fit.
Naresh Kadyan with Smt. Sharda Kadyan

Distribution in advance:

1. Smt. Sukanya Berwal, Commissioner of Education, based in Ahmedabad

2. Smt. Suman Kadyan with Abhishek Kadyan, based in Canada

INDEX

1 NBA confirmations about PASC of AWBI

2 AWBI confirmation
3 NBA

Ministry of Information & Broadcasting reply

PASC of AWBI pre shoot approval: Khatro ke Khiladi instead NOC