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Committee On Petitions - Haryana Legislative Assembly - Observation On Goods With Animal Living Creature
Committee On Petitions - Haryana Legislative Assembly - Observation On Goods With Animal Living Creature
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Prevention and Control of Infectious and Contagious Diseases in Animals Act, 2009:
(52). Goods, means every kind of movable property other than money and
securities but includes actionable claim, growing crops, grass and things
attached to or forming part of the land which are agreed to be severed before
supply or under a contract of supply.
(1) Animal, includes amphibians, birds, mammals and reptiles and their young,
and also includes, in the cases of birds and reptiles, their eggs.
(2) Animal article, means an article made from any captive animal or wild
animal, other than vermin, and includes an article or object in which the whole
or any part of such animal has been used, and ivory imported into India and an
article made therefrom.
(5) Captive animal, means any animal, specified in Schedule I, Schedule II,
Schedule III or Schedule IV, which is captured or kept or bred in captivity.
(18A) Livestock, means farm animals and includes buffaloes, bulls, bullocks,
camels, cows, donkeys, goats, sheep, horses, mules, yaks, pigs, ducks, geese,
poultry and their young but does not include any animal specified in Schedules I
to V.
Extracts of some Para’s of Supreme Court order dated 7.5.2014 in SLP (C) No.11686 of
2007:
51. When we look at the rights of animals from the national and international
perspective, what emerges is that every species has an inherent right to live and shall be
protected by law, subject to the exception provided out of necessity. Animal has also
honour and dignity which cannot be arbitrarily deprived of and its rights and privacy
have to be respected and protected from unlawful attacks.
52. Universal Declaration of Animal Welfare (UDAW) is a campaign led by World
Society for the Protection of Animals (WSPA) in an attempt to secure international
recognition for the principles of animal welfare. UDAW has had considerable support
from various countries, including India. WSPA believes that the world should look to
the success of the Universal Declaration of Human Rights (UDHR) to set out what
UDAW can achieve for animals. Five freedoms referred to in UDAW, which we will
deal with in latter part of the judgment, find support in PCA Act and the rules framed
thereunder to a great extent.
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53. World Health Organization of Animal Health (OIE), of which India is a member,
acts as the international reference organisation for animal health and animal welfare.
OIE has been recognised as a reference organisation by the World Trade Organisation
(WTO) and, in the year 2013, it has a total of 178 member countries. On animal welfare,
OIE says that an animal is in good state of welfare if (as indicated by Scientific
evidence) it is healthy, comfortable, well nourished, safe, able to express innate
behaviour and if it is not suffering from unpleasant states such as pain, fear and
distress.
FREEDOM:
54. Chapter 7.1.2 of the guidelines of OIE, recognizes five internationally recognized
freedoms for animals, such as:
(i) freedom from hunger, thirst and malnutrition;
(ii) freedom from fear and distress;
(iii) freedom from physical and thermal discomfort;
(iv) freedom from pain, injury and disease; and
(v) freedom to express normal patterns of behaviour.
Food and Agricultural Organisation (FAO) in its “Legislative and Regulatory Options
for Animal Welfare” indicated that these five freedoms found their place in Farm
Welfare Council 2009 U.K. and is also called Brambell’s Five Freedoms. These five
freedoms, as already indicated, are considered to be the fundamental principles of
animal welfare and we can say that these freedoms find a place in Sections 3 and 11 of
PCA Act and they are for animals like the rights guaranteed to the citizens of this
country under Part III of the Constitution of India.
55. Animals are world-wide legally recognised as ‘property’ that can be possessed by
humans. On deletion of Article 19(1)(f) from the Indian Constitution, right to property
is more a fundamental right in India, this gives the Parliament more a leeway to pass
laws protecting the rights of animals. Right to hold on to a property which includes
animals also, is now only a legal right not a fundamental right. We have also to see the
rights of animals in that perspective as well.
56. Rights guaranteed to the animals under Sections 3, 11, etc. are only statutory rights.
The same have to be elevated to the status of fundamental rights, as has been done by
few countries around the world, so as to secure their honour and dignity. Rights and
freedoms guaranteed to the animals under Sections 3 and 11 have to be read along with
Article 51A(g)(h) of the Constitution, which is the magna carta of animal rights.
COMPASSION:
57. Article 51A (g) states that it shall be the duty of citizens to have compassion for
living creatures. In State of Gujarat v. Mirzapur Moti Kureshi Kassab Jamat and
Others (2005) 8 SCC 534, this Court held that by enacting Article 51A (g) and giving it
the status of a fundamental duty, one of the objects sought to be achieved by Parliament
is to ensure that the spirit and message of Articles 48 and 48-A are honoured as a
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fundamental duty of every citizen. Article 51A(g), therefore, enjoins that it was a
fundamental duty of every citizen “to have compassion for living creatures”, which
means concern for suffering, sympathy, kindliness etc., which has to be read along with
Sections 3, 11(1)(a) & (m), 22 etc. of PCA Act.
HUMANISM:
58. Article 51A (h) says that it shall be the duty of every citizen to develop the scientific
temper, humanism and the spirit of inquiry and reform. Particular emphasis has been
made to the expression “humanism” which has a number of meanings, but increasingly
designates as an inclusive sensibility for our species. Humanism also means, understand
benevolence, compassion, mercy etc. Citizens should, therefore, develop a spirit of
compassion and humanism which is reflected in the Preamble of PCA Act as well as in
Sections 3 and 11 of the Act. To look after the welfare and well-being of the animals and
the duty to prevent the infliction of pain or suffering on animals highlights the
principles of humanism in Article 51A (h). Both Articles 51A (g) and (h) have to be read
into the PCA Act, especially into Section 3 and Section 11 of the PCA Act and be
applied and enforced.
RIGHT TO LIFE:
62. Every species has a right to life and security, subject to the law of the land, which
includes depriving its life, out of human necessity. Article 21 of the Constitution, while
safeguarding the rights of humans, protects life and the word “life” has been given an
expanded definition and any disturbance from the basic environment which includes all
forms of life, including animal life, which are necessary for human life, fall within the
meaning of Article 21 of the Constitution. So far as animals are concerned, in our view,
“life” means something more than mere survival or existence or instrumental value for
human-beings, but to lead a life with some intrinsic worth, honour and dignity.
Animals’ well-being and welfare have been statutorily recognised under Sections 3 and
11 of the Act and the rights framed under the Act. Right to live in a healthy and clean
atmosphere and right to get protection from human beings against inflicting
unnecessary pain or suffering is a right guaranteed to the animals under Sections 3 and
11 of the PCA Act read with Article 51A(g) of the Constitution. Right to get food,
shelter is also a guaranteed right under Sections 3 and 11 of the PCA Act and the Rules
framed thereunder, especially when they are domesticated. Right to dignity and fair
treatment is, therefore, not confined to human beings alone, but to animals as well.
Right, not to be beaten, kicked, over ridder, over-loading is also a right recognized by
Section 11 read with Section 3 of the PCA Act. Animals have also a right against the
human beings not to be tortured and against infliction of unnecessary pain or suffering.
Penalty for violation of those rights are insignificant, since laws are made by humans.
Punishment prescribed in Section 11(1) is not commensurate with the gravity of the
offence, hence being violated with impunity defeating the very object and purpose of the
Act, hence the necessity of taking disciplinary action against those officers who fail to
discharge their duties to safeguard the statutory rights of animals under the PCA Act.
With Scouting spirit ……
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1st Political Party in India, restoring 5 freedoms
To,
1. CM window - Grievance Committee, Rohtak
2. All Members of Legislative Assembly
3. Haryana Biodiversity Board, Haryana.
4. Member of Parliament concerned.
5. District Coordinator, Haryana Biodiversity Board, Rohtak
6. National Biodiversity Authority.
7. All Sarpanches and Panchyati Raj Establishments.
8. All Urban and Local Bodies Establishments.
9. RTA - DSPCA
Subject: Public Relation and District Grievance Committee, Rohtak.
Celebrations of 75th Azadi ka Amrit Mahotsave.
Greetings,
It is humbly submitted, that:
1. Animal Welfare Party: AWP, 1st Political Party in India, preventing
discrimination, treating animals as goods, restoring their 5 freedoms, imposing
ban on the illegal use of biological resources, without implementing Biological
Diversity Act, 2002.
2. CHAPTER - VI
State Biodiversity Board:
Establishment of State Biodiversity Board 22.(1) With effect from such date as
the State Government may, by notification in the Official Gazette, appoint in this
behalf, there shall be established by that Government for the purposes of this
Act, a Board for the State to be known as the (name of the State) Biodiversity
Board. (2) Notwithstanding anything contained in this section, no State
Biodiversity Board shall be constituted for a Union territory and in relation to a
Union territory, the National Biodiversity Authority shall exercise the powers
and perform the functions of a State Biodiversity Board for that Union territory:
Provided that in relation to any Union territory, the National Biodiversity
Authority may delegate all or any of its powers or functions under this sub-
section to such person or group of persons as the Central Government may
specify. (3) The Board shall be a body corporate by the name aforesaid, having
perpetual succession and a common seal, with power to acquire, hold and
dispose of property, both movable and immovable, and to contract, and shall by
the said name sue and he sued. (4) The Board shall consist of the following
members, namely: (a) a Chairperson who shall be an eminent person having
adequate knowledge and experience in the conservation and sustainable use of
biological diversity and in matters relating to equitable sharing of benefits, to he
appointed by the State Government; (b) not more than five ex officio members to
be appointed by the State Government to represent the concerned Departments
of the State Government; (c) not more than five members to be appointed from
amongst experts in matters relating to conservation of biological diversity,
sustainable use of biological resources and equitable sharing of benefits arising
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out of the use of biological resources. (5) The head office of the State Biodiversity
Board shall be at such place as the State Government may, by notification in the
Official Gazette, specify. Functions of State Biodiversity Board 23. The functions
of the State Biodiversity Board shall be to– (a) advise the State Government,
subject to any guidelines issued by the Central Government, on matters relating
to the conservation of biodiversity, sustainable use of its components and
equitable sharing of the benefits arising out of the utilization of biological
resources; (b) regulate by granting of approvals or otherwise requests for
commercial utilization or bio-survey and bio-utilization of any biological
resource by Indians; (c) perform such other functions as may he necessary to
carry out the provisions of this Act or as may be prescribed by the State
Government. Power of State Biodiversity Board to restrict certain activities
24.(1) Any citizen of India or a body corporate, organization or association
registered in India intending to undertake any activity referred to in section 7
shall give prior intimation in such form as may be prescribed by the State
Government to the State Biodiversity Board. (2) On receipt of an intimation
under sub-section (1), the State Biodiversity Board may, in consultation with the
local bodies concerned and after making such enquires as it conservation, may
deem fit, by order, prohibit or restrict any such activity if it is of opinion that
such activity is detrimental or contrary to the objectives of conservation and
sustainable use of biodiversity or equitable sharing of benefits arising out of such
activity: Provided that no such order shall be made without giving an
opportunity of being heard to the person affected. (3) Any information given in
the form referred to in sub-section (1) for prior intimation shall be kept
confidential and shall not be disclosed, either intentionally or unintentionally, to
any person not concerned thereto. Provisions of sections 9 to 17 to apply with
modifications to State Biodiversity Board 25. The provisions of sections 9 to 17
shall apply to a State Biodiversity Board and shall have effect subject to the
following modifications, namely: (a) references to the Central Government shall
be construed as references to the State Government; (b) references to the
National Biodiversity Authority shall be construed as references to the State
Biodiversity Board; Provisions of sections 9 to 17 to apply with modifications to
State Biodiversity Board. (c) reference to the Consolidated Fund of India shall be
construed as reference to the Consolidated Fund of the State.
CHAPTER - VIII
Finance, Accounts and Audit of State Biodiversity Board Grants of money by
State Government to State Biodiversity Board 31. The State Government may,
after due appropriation made by the State Legislature by law in this behalf, pay
to the State Biodiversity Board by way of grants or loans such sums of money as
the State Government may think fit for being utilized for the purposes of this
Act. Constitution of State Biodiversity Fund 32.(1) There shall be constituted a
Fund to be called the State Biodiversity Fund and there shall be credited thereto-
(a) any grants and loans made to the State Biodiversity Board under section 31;
(b) any grants or loans made by the National Biodiversity Authority; (c) all sums
received by the State Biodiversity Board from such other sources as may be
decided upon by the State Government. (2) The State Biodiversity Fund shall be
applied for- (a) the management and conservation of heritage sites; (b)
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compensating or rehabilitating any section of the people economically affected by
notification under sub-section (1) of section 37; (c) conservation and promotion
of biological resources; (d) socio-economic development of areas from where
such biological resources or knowledge associated thereto has been accessed
subject to any order made under section 24, in consultation with the local bodies
concerned; (e) meeting the expenses incurred for the purposes authorized by this
Act. Annual report of State Biodiversity Board 33. The State Biodiversity Board
shall prepare, in such form and at such time in each financial year as may be
prescribed, its annual report, giving a full account of its activities during the
previous financial year, and submit a copy thereof to the State Government.
Audit of accounts of State Biodiversity Board 34. The accounts of the State
Biodiversity Board shall be maintained and audited in such manner as may, in
consultation with the Accountant-General of the State, be prescribed and the
State Biodiversity Board shall furnish, to the State Government, before such date
as may be prescribed, its audited copy of accounts together with auditor's report
thereon. Annual Report of State Biodiversity Board to be laid before State
Legislature 35. The State Government shall cause the annual report and
auditor's report to be laid, as soon as may be after they are received, before the
House of State Legislature.
CHAPTER - IX
Duties of the Central and the State Governments Central Government to develop
National strategies plans. Etc., for conservation, etc., of biological diversity 36.(1)
The Central Government shall develop national strategies, plans, programmes
for the conservation and promotion and sustainable use of biological diversity
including measures for identification and monitoring of areas rich in biological
resources, promotion of in situ, and ex situ, conservation of biological resources,
incentives for research, training and public education to increase awareness with
respect to biodiversity. (2) Where the Central Government has reason to believe
that any area rich in biological diversity, biological resources and their habitats
is being threatened by overuse, abuse or neglect, it shall issue directives to the
concerned State Government to take immediate ameliorative measures, offering
such State Government any technical and other assistance that is possible to be
provided or needed. (3) The Central Government shall, as far as practicable
wherever it deems appropriate, integrate the conservation, promotion and
sustainable use of biological diversity into relevant sectoral or cross-sectoral
plans, programmes and policies. 4) The Central Government shall undertake
measures,- (i) wherever necessary, for assessment of environmental impact of
that project which is likely to have adverse effect on biological diversity, with a
view to avoid or minimize such effects and where appropriate provide for public
participation in such assessment; (ii) to regulate, manage or control the risks
associated with the use and release of living modified organisms resulting from
biotechnology likely to have adverse impact on the conservation and sustainable
use of biological diversity and human health. (5) The Central Government shall
endeavour to respect and protect the knowledge of local people relating to
biological diversity, as recommended by the National Biodiversity Authority
through such measures, which may include registration of such knowledge at the
local, State or national levels, and other measures for protection, including sui
generis system. Explanation:-For the purposes of this section,– (a) "ex situ
conservation” means the conservation of components of biological diversity
outside their natural habitats; (b) "in situ conservation" means the conservation
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of ecosystems and natural habitats and the maintenance and recovery of viable
populations of species in their natural surroundings and, in the case of
domesticated or cultivated species, in the surroundings where they have
developed their distinctive properties. Biodiversity heritage sites 37.(1) Without
prejudice to any other law for the time being in force, the State Government
may, from time to time in consultation with the local bodies, notify in the Official
Gazette, areas of biodiversity importance as biodiversity heritage sites under this
Act. (2) The State Government, in consultation with the Central Government,
may frame rules for the management and conservation of all the heritage sites.
(3) The State Government shall frame schemes for compensating or
rehabilitating any person or section of people economically affected by such
notification. Power of Central Government to notify threatened species 38.
Without prejudice to the provisions of any other law for the time being in force,
the Central Government, in consultation with the concerned State Government,
may from time o time notify any species which is on the verge of extinction or
likely to become extinct in the near future as a threatened species and prohibit or
regulate collection thereof for any purpose and take appropriate steps to
rehabilitate and preserve those species.
CHAPTER - X
Biodiversity Management Committees Constitution of Biodiversity Management
Committee 41.(1) Every local body shall constitute a Biodiversity Management
Committee within its area for the purpose of promoting conservation,
sustainable use and documentation of biological diversity including preservation
of habitats, conservation of land races, folk varieties and cultivars, domesticated
stocks and breeds of animals and microorganisms and chronicling of knowledge
relating to biological diversity. Explanation.- For the purposes of this sub-
section,– (a) "cultivar" means a variety of plant that has originated and persisted
under cultivation or was specifically bred for the purpose of cultivation; (b) "folk
variety" means a cultivated variety of plant that was developed, grown and
exchanged informally among farmers; (c) “landrace” means primitive cultivar
that was grown by ancient farmers and their successors. (2) The National
Biodiversity Authority and the State Biodiversity Boards shall consult the
Biodiversity Management Committees while taking any decision relating to the
use of biological resources and knowledge associated with such resources
occurring within the territorial jurisdiction of the Biodiversity Management
Committee. (3) The Biodiversity Management Committees may levy charges by
way of collection fees from any person for accessing or collecting any biological
resource for commercial purposes from areas falling within its territorial
jurisdiction.
CHAPTER - XI
Local, Biodiversity Fund Grants to Local Biodiversity Fund 42. The State
Government may, after due appropriation made by State Legislature by law in
this behalf, pay to the Local Biodiversity Funds by way of grants or loans such
sums of money as the State Government may think fit for being utilized for the
purposes of this Act. Constitution of Local Biodiversity Fund 43.(1) There shall
be constituted a Fund to be called the Local Biodiversity Fund at every area
notified by the State Government where any institution of self-government is
functioning and there shall be credited thereto- (a) any grants and loans made
under section 42; (b) any grants or loans made by the National Biodiversity
Authority; (c) any grants or loans made by the State Biodiversity Boards; (d)
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fees referred to in sub-section (3) of section 41 received by the Biodiversity
Management Committees; (e) all sums received by the Local Biodiversity Fund
from such other sources as may be decided upon by the State Government.
Application of Local Biodiversity Fund 44.(1) Subject to the provisions of sub-
section (2), the management and the custody of the Local Biodiversity Fund and
the purposes for which such Fund shall be applied, be in the manner as may be
prescribed by the State Government. (2) The Fund shall be used for conservation
and promotion of biodiversity in the areas falling within the jurisdiction of the
concerned local body and for the benefit of the community in so far such use is
consistent with conservation of biodiversity. Annual Report of Biodiversity
Management Committees 45. The person holding the custody of the Local
Biodiversity Fund shall prepare, in such form and during each financial year at
such time as may be prescribed, its annual report, giving a full account of its
activities during the previous financial year, and submit a copy thereof to the
concerned local body. Audit of accounts of Biodiversity Management Committees
46. The accounts of the Local Biodiversity Fund shall be maintained and audited
in such manner as may, in consultation with the Accountant-General of the State,
be prescribed and the person holding the custody of the Local Biodiversity Fund
shall furnish, to the concerned local body, before such date as may be prescribed,
its audited copy of accounts together with auditor's report thereon. Annual
report, etc, of the Biodiversity Management Committee to be submitted to
district Magistrate 47. 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 auditor's 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.
RTI Review Commission on Biological Diversity Act, 2002 with Rules, Regulation and
Notifications: Supply relevant file Noting, all communications, made and received,
complete details with present status, on followings:
1. Complete details about strict compliance of section 47 of the Biological Diversity
Act, 2002, each and every District of Haryana, supply me all efforts, copies of
letter – reports submitted before each Deputy Commissioners of Haryana.
2. Complete details about the mandate of State Biodiversity Board along with
pointwise compliance.
3. Complete details about experience certificates of all District Coordinators along
with their verifications, authentications with pay and perks, obtained during the
period.
4. Complete details about conduct rules, service conditions of all District
Coordinators, along with their eligibility of appointment.
5. Define eligibility, to be on the pay role, on contract and agreement of the Board:
A). An enrolled Advocate, registered with Bar Council is entitled to get
appointment as District Coordinators or any pay role positions of the Board.
B). Any Government Contractor, license holder.
C). Any service provider against payment, other than Board contract, agreement,
Conduct Rules for public servants.
D). Complete details about appointment of all District Coordinators, supply
copies of appointment letters.
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E). Complete details of head wise funds, pay and perks, incurred on the all
District Coordinators, since their joining service till date.
F). Complete details about nature of duties and functions along with jurisdictions
of each District Coordinators, duties hours and holidays.
G). Complete details about performance of each District Coordinators.
H). Complete details about service conditions of each and every staff - officials
along with sanctioned and vacant positions with the qualifications and
experiences.
I). Complete details about Subordinate staff with facilities provided, obtained by
the District Coordinators along with office furniture, telephone, internet and
equipment’s
J). Protocol of District Coordinators along with pay scale, scope of promotions.
Hence, AWP with the Scouts and Guides for Animals and Birds www.scoutingindia.in
and OIPA: Indian People for Animals, expose the commercial misuse of biological
resources, all around Rohtak and fauna - animals, abused with discrimination, treating
animal as goods.
All Member of AWP with the Scouts and Guides for Animals and Birds
www.scoutingindia.in and OIPA: Indian People for Animals, through: Naresh Kadyan,
C-38, Rose Apartment, sector- 14, Rohini, Delhi – 110085