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ALERT FOR THE CHAIRMAN OF THE RAJYA SABHA / PRIME MINISTER OF INDIA / MINISTER OF ENVIRONMENT AND FOREST / MEMBERs

OF THE COUNCIL OF STATES (RAJYA SABHA): - Naresh Kadyan, Rep. of OIPA in India www.oipa.org

Greetings, May I invite your kind attention on the following? CHAPTER-12 Oath or Affirmation by Members
Legal provisions

efore taking his seat in the House every member of the Rajya Sabha,

elected either in a biennial election or bye-election or nominated by the President, is required to make and subscribe before the President, or some person appointed in that behalf by him, oath or affirmation according to the following form set out for the purpose in the Third Schedule to the Constitution:
I, A.B., having been elected (or nominated) a member of the Council of States (Rajya Sabha) do swear in the name of God/solemnly affirm that I will bear true faith and allegiance to the Constitution of India as by law established, that I will uphold the sovereignty and integrity of India2 and that I will faithfully discharge the duty upon which I am about to enter.

http://rajyasabha.nic.in/rsnew/rsat_work/chapter-12.pdf

ENVIRONMENTAL REGULATIONS AND LEGAL FRAMEWORK IN INDIA:


1.1 ENVIRONMENT PROTECTION FROM INDIAN CONSTITUTION PRESPECTIVE a) The State's responsibility with regard to environmental protection has been laid down under Article 48-A of our Constitution, which reads as follows: "The State shall endeavour to protect and improve the environment and to safeguard the forests and wildlife of the country".

b) Environmental protection is a fundamental duty of every citizen of this country under Article 51-A (g) of our Constitution which reads as follows: "It shall be the duty of every citizen of India to protect and improve the natural environment including forests, lakes, rivers and wildlife and to have compassion for living creatures." c) Article 21 of the Constitution is a fundamental right which reads as follows: "No person shall be deprived of his life or personal liberty except according to procedure established by law." d) Article 48-A of the Constitution comes under Directive Principles of State Policy and Article 51 A(g) of the Constitution comes under Fundamental Duties. e) The State's responsibility with regard to raising the level of nutrition and the standard of living and to improve public health has been laid down under Article 47 of the Constitution which reads as follows: "The State shall regard the raising of the level of nutrition and the standard of living of its people and the improvement of public health as among its primary duties and, in particular, the State shall endeavour to bring about prohibition of the consumption except for medicinal purposes of intoxicating drinks and of drugs which are injurious to health." h) The 42nd amendment to the Constitution was brought about in the year 1974 makes it the responsibility of the State Government to protect and improve the environment and to safeguard the forests and wildlife of the country. The latter, under Fundamental Duties, makes it the fundamental duty of every citizen to protect and improve the natural environment including forests, lakes, rivers and wildlife and to have compassion for living creatures. http://sjvn.nic.in/projects/environmental-regulations.pdf
The Prevention of Cruelty to Animals Act, 1960:

35. Treatment and care of animals: (1) The State Government, May by general or special order appoints infirmaries for the treatment and care of animals in respect of which offences against this Act have been committed, and may authorise the detention therein of any animal pending its production before a magistrate. Where as Governance in India, in States as well, failed to set up and properly manage: # Infirmaries. # State Animal Welfare Board. # Societies for Prevention of Cruelty to Animals SPCAs, which are being yet to be notified as per section 3 of the Prevention of Cruelty to Animals (Establishment and Regulation of Societies for
Prevention of Cruelty to Animals) Rules, 2001.

The Government of Delhi also alerted by the UN affiliated OIPA in India, to set up and manage Infirmaries, SPCAs at each District level and State Animal Welfare Board as per orders of the Honble Supreme Court of India. Hence you are humbly requested to be more sensitive towards our fundamental duties, where as you are duty bound as well, be honest with your oath, so it is expected that you will direct your subordinate officials, AWBI and the Chief Secretaries to all the States about time frame setting up of Infirmaries, SPCAs in each District level along with the State Animal Welfare Board. - Miss. Sukanya Kadyan, Director Events to the OIPA in India, C-38, Rose Apartment, sector-14, Rohini, DELHI 110085.

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