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To, MORTH/E/2023/0000432 January 8, 2023

1. Registrar, Delhi High Court.
2. Animal Welfare Board of India. DOAHD/E/2023/0000012
3. All 11 DSPCAs in Delhi.
4. Delhi State Advisory Board for Animal Welfare. 2023000459
5. Commissioner of Delhi Police.
6. SHO, Police Station, Tilak Marg, New Delhi. 2023000457
7. SHO, Police Station, Parliament Street, New Delhi.
Subject:
Camels of BSF, seems to be abused, during their shifting as goods, in
non-approved vehicles, violation section 3, 11 and 38 of the Prevention of
Cruelty to Animals Act, 1960, read with article 51 A(g) of Indian
Constitution and Central Motor Vehicle Act with Rules, besides 47 IPC,
Delhi Police standing order No. 31 of 2010 with Delhi High Court orders,
in CWP No. W.P.(C) 2316 of 2017 and Supreme Court of India orders, in
CWP No. 309 of 2003, dated on 27-8-2003, and 5 freedoms of these abused
Camels, keeping in view, Supreme Court order dated 7.5.2014 in SLP (C)
No.11686 of 2007 and WP(C) No. 2045 of 2022.
Greetings,
Being an active part of Community Policing as man of many achievements and
distinctions: Voice for voiceless: Fighter by spirit: Jat by birth: Philanthropist
by profession: Activist by mission: Cobbler by qualification: Scouting by
passion: Humanitarian by choice: Gandhian by vision and action, being habitual
khadi wearers and speaking truth, performing fundamental duties, it is humbly
submitted that:

I am senior citizen of India, performing my fundamental duties, without

gain and profit, only to safeguard flora and fauna, in the interest of
public at large.

Fundamental duties: It shall be the duty of every citizen of India:

(a) to abide by the Constitution and respect its ideals and institutions,
the National Flag and the National Anthem.
(b) to cherish and follow the noble ideals which inspired our national
struggle for freedom.
(c) to uphold and protect the sovereignty, unity and integrity of India.
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(d) to defend the country and render national service when called upon
to do so.
(e) to promote harmony and the spirit of common brotherhood amongst
all the people of India transcending religious, linguistic and regional or
sectional diversities, to renounce practices derogatory to the dignity of
women.
(f) to value and preserve the rich heritage of our composite culture.
(g) to protect and improve the natural environment including forests,
lakes, rivers and wild life, and to have compassion for living creatures.
(h) to develop the scientific temper, humanism and the spirit of inquiry
and reform.
(i) to safeguard public property and to abjure violence.
(j) to strive towards excellence in all spheres of individual and collective
activity so that the nation constantly rises to higher levels of endeavour
and achievement.
(k) who is a parent or guardian to provide opportunities for education to
his child or, as the case may be, ward between the age of six and
fourteen years.

Every citizen of India, also a duty bound, as stated above a to k, including BSF.

As per media reports:

The famed Border Security Force (BSF) will be fielding a women's contingent to
ride camels for the first time with their male counterparts in the upcoming
Republic Day Parade 2023.
The uniforms of the Mahila Praharis have been designed by celebrated designer
Mr Raghavendra Rathore. The uniforms represent the many treasured craft
forms of India and are assembled in-house at the Raghavendra Rathore Jodhpur
studio.
The uniform of Mahila Praharis for the BSF Camel Contingent brand
incorporates sartorial and cultural elements of Rajasthan’s history in its
designs.
While designing the outfit for BSF women, the functionality as well as the
privilege and honour of wearing one of the National Forces’ Uniform has been
reflected, which resonates with the iconic RRJ Jodhpuri Bandhgala that is
stately, classic and elegance personified.
The textured fabric with hand-crafted zardosi work done for the various trims
from Benaras is done in the 400 years-old Danka technique. The uniform is
styled with the striking Pagh – a turban, inspired by the heritage Pagh of the
Mewar region of Rajasthan.
The Pagh is an essential element of the cultural clothing of the people of
Rajasthan, and the ones worn and tied in Mewar are signs of one’s prestige and
honour.
The famed camel contingent of the Border Security Force (BSF) has been a part
of the Republic Day celebrations since 1976, after it replaced a similar squad of
the Army which had been participating in the annual parade since it was first
held in 1950.
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"The uniforms for the 'mahila praharis' (women guards) represent the many
treasured craft forms of India, fashioned in different parts of the country, and
assembled in-house at the Raghavendra Rathore Jodhpur studio.
BSF Director General Pankaj Kumar Singh had told reporters last month that
"half of the personnel that will be part of the camel contingent at the next
Republic Day parade will be women."
The BSF is the only force in the country that uses camels for both operational
and ceremonial duties. The animals are used by BSF personnel for patrolling
along the Thar desert running along the India-Pakistan international border in
Rajasthan.
The contingent usually comprises 90 camels, 54 with troops and the rest with
band personnel.
According to tradition, the lead camel contingent on Republic Day showcases
smartly dressed armed BSF border guards, sporting big moustaches, and the
second follows with bandsmen in beautiful multicolour dresses, riding camels
and playing martial music.
The contingent is also part of the Beating the Retreat ceremony that is held three
days after Republic Day on January 29, as it stands guard on the ramparts of
the North and South Blocks atop Raisina Hill. The 2.65-lakh-strong BSF is
primarily tasked with guarding India's international borders with Pakistan and
Bangladesh.

Mandate of AWBI:
To prevent the infliction of unnecessary pain or suffering on animals, in
terms of the provision of the Prevention of Cruelty to Animals Act, 1960.
Article 51A of Indian Constitution:
Fundamental duties: It shall be the duty of every citizen of India -
(g) to protect and improve the natural environment including forests,
lakes, rivers and wild life, and to have compassion for living creatures.
During the celebrations of Republic Day Parade at Kartavya Path, Scouts and
Guides for Animals and Birds with OIPA: Indian People for Animals, which are
fighting hard for animals, restoring their 5 freedoms, but adopted mechanism of
Indian Government, have contradiction and discriminations, violated human
rights, animal rights as well, being right of life. STOP discrimination, treating
animals as goods, violated IPC, as stated below:
Indian Penal Code, 1860:
As per section 47:
"animal" denotes any living creature, other than a human being.
Prevention of Cruelty to Animals Act, 1960:
As per section 2 (a):
"animal" means any living creature other than a human being.

As per the Carriage by Road Act, 2007:

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Section 2: Definitions –
In this Act, unless the context otherwise requires:
(e) “goods” includes
(i) containers, pallets or similar articles of transport used to consolidate
goods and
(ii) animals or livestock.

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.
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.
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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 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.
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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.
Prayers:
1. Confiscate all abused Camels of BSF, along with vehicles, used in shifting
2. Criminal proceedings, against all public servants, as Camels of BSF,
seems to be abused, during their shifting as goods, in non-approved
vehicles, violation section 3, 11 and 38 of the Prevention of Cruelty to
Animals Act, 1960, read with article 51 A(g) of Indian Constitution and
Central Motor Vehicle Act with Rules, besides 47 IPC, Delhi Police
standing order No. 31 of 2010 with Delhi High Court orders, in CWP No.
W.P.(C) 2316 of 2017 and Supreme Court of India orders, in CWP No. 309
of 2003, dated on 27-8-2003, and 5 freedoms of these abused Camels,
keeping in view, Supreme Court order dated 7.5.2014 in SLP (C) No.11686
of 2007 and WP(C) No. 2045 of 2022.
With scouting spirits ……….

Naresh Kadyan, Master Trainer of AWBI

Petitioner of WP (C) No. 2405 of 2022.
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