1
Justice is due…as No surplus census of animals
Remembering Chaudhary Om Prakash Kadyan with Smt. Prem Kaur Dhankar,
and Chaudhary Sardar Singh Khatkar with Smt. Basant Mala Dahiya, as
Community Policing in good faith to perform fundamental duties.
AWBI, to change their stand, against their mandate, as per item No. 19 of 54th
Annual General Meeting, which was held on 26th November, 2024, stopping of
illegal killing, sacrifices of cows and calves, camels and other animals on the
occasion of Bakrid, became a part of history and AWBI never issue hereafter.
Original Application No. 743 to 746 of 2024, observations of Hon’ble Principal
Bench, of the National Green Tribunal, related to stunning, whereas slaughtering
of animal is a state subject, contradictory to 6(4) of the Prevention of Cruelty to
Animals (Slaughter House) Rules, 2001, AWBI Regulations on slaughterhouses
and meat shops, with Rule 4.0 and 4.1 of the Food Safety and Standards
(Licensing and Registration of Food Businesses) Regulations, 2011.
INDEX
No. Particulars Page
1. National Green Tribunal: Observations 1-8
2. Presentation in good faith to lodge FIR being cognizable offense 1-19
3. APEDA communications 20-22
4. CPCB Reminder details about compendium 23
5. HPCB to CPCB: Compliance Report about compendium 24-26
6. AWBI Regulatory compliance for slaughterhouses 27-31
7. Central Consumer Protection Authority: Haram transportation 32
8. Judicial Advisory as 5 freedom for animals 33-34
9. Communication of Rajya Sabha: Haram versus halal 35-42
10. NHAI confirmation about special vehicle for transportation 43-48
11. Protocol for animal shifting of Central Government 49
12. Bharat Scouts and Guides on animal transportation 50-51
13. Central Motor Vehicle (11th Amendments) Rules, 2015 52-54
14. Central Motor Vehicle (13th Amendments) Rules, 2016 55-56
15. Central Motor Vehicle (13th Amendments) Rules, 2018 57-58
16. Section 39 of PCIID Animals Act, 2009 59-61
17. Veterinarians Oath: Rule 3 62
18. Principal Resident Commissioner Haryana to HPCB 63
19. Two replies by RO of HPCB at Nuh in Mewat 64-66
20. List of 30 Slaughterhouses: CTE – 22 / CTO – 8 / Functional - 6 67-69
Community policing in good faith as scouting for stunning term…………
2
3
4
5
6
7
8
1
Animal Welfare Political Party
C- 38, Rose Apartment, Delhi- 110085.
WhatsApp: 8860429393
Email:
[email protected] SHO, sector 58 Police Station, Faridabad: 20-1605-2025-26-Grievance
CMOFF-N-2025-032059 – DOAHD-I-2025-0000007 / CMOFF-N-2024-060331-
ARNPG-I-2024-0003190 / CMOFF-N-2024-101575 - ARNPG-I-2024-0004653 /
CMOFF-N-2024-101946 - ARNPG-I-2024-0004593 / CMOFF-N-2024-110688 /
CMOFF-N-2025-032427: PRSEC-E-2025-0020707: PMOPG-E-2025-0045596 - 603
Naresh Kadyan, Master Trainer in Animal Welfare to Govt. of India, Retired
Commissioner of Bharat Scouts and Guides Haryana, Convener, Animal Welfare
Political Party, Chief National Commissioner, Scouts & Guides for Animals & Birds,
National Authority for Animal Welfare, OIPA: Indian People for Animals, Ex-Member,
State Committee for Slaughterhouses, Department of Urban and Local Bodies
(Govt. of Haryana), C- 38, Rose Apartment, Sector- 14, Rohini, Delhi -110085.
WhatsApp: 9813010595, Email:
[email protected] 2
To, 2-4-2025
SHO, sector 58 Police Station, Faridabad via CM window.
Subject: To lodge FIR against Chairman - Secretary of AWBI, with all Designated
Officers of Mewat Region, for violation of offenses in cognizable nature in legal
terms being criminal conspiracy, threat to public life, animals as well, at large.
Greetings,
It is humbly submitted, that:
I am convener of the Animal Welfare Political Party, besides retired non-official
Member, Haryana State Committee for Slaughter Houses / Commissioner of
Bharat Scouts and Guides, Haryana, besides Master Trainer in Animal Welfare
to Govt. of India and it’s our fundamental duties to perform.
References: 80 CPC-
Halal versus haram: Cruel animal transportation as goods, breaching public
trust, violating section 2(2) of BNS, read with section 2 and 3 of the Prevention
of Cruelty to Animals Act, 1960 and article 51A of Indian Constitution.
1. Judicial Advisory of Constitutional Bench of Supreme Court,
related 5 freedoms. Compendium issued in CWP 309 of 2003, of
Supreme Court.
2. Rule 3 of the Veterinary Council of India Standard of Professional
Conduct, Etiquette and Code of Ethics, for Veterinary Practitioners
Regulations, 1992.
3. AWBI Regulatory Compliances for Slaughter houses and Meat Shops.
4. Prevention of Cruelty to Animals (Animal Husbandry Practices and
Procedures) Rules, 2023.
5. Section 2(d) of the Prevention and Control of Infectious and
Contagious Diseases in Animals Act, 2009: “Compulsory
vaccination” means vaccination of any animal against any scheduled
disease in respect of which vaccination is made mandatory under the
provisions of this Act.
6. Central Motor Vehicle (Eleventh Amendments) Rules, 2015 / Central
Motor Vehicle (13th Amendment) Rules, 2016, and Central Motor
Vehicle (13th Amendment) Rules, 2018, read with the Indian
Standards: Transport of Livestock – Code of Practice and pre-
transport permit - Rule 96 of Transport of Animals Rules, 1978,
amended in 2001 and 2009.
7. Introduce animal abuser registry. Installation of animal scanner. Action
3
against the animal owners who are straying their cattle on the roads
inflicting cruelty to animals, as per advisory, issued by the AWBI.
8. Discrimination and contradiction.
A). Section 2(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
B). Section 2 and 3 of Prevention of Cruelty to Animals Act, 1960.
C). Section 2 of Carriage by Road Act, 2007 / Central Motor
Vehicle Act.
Strict compliance: National Accreditation Board for Certification Bodies –
NABCB / Streamlining of Halal Certification Process for Meat and Meat
Products.
Memorandum
Remembering Chaudhary Om Prakash Kadyan with Smt. Prem Kaur Dhankar,
founder of PFA Haryana, and Chaudhary Sardar Singh Khatkar with Smt. Basant
Mala Dahiya, during golden jubilee years of Naresh Kadyan activism, for
animals, as Community Policing as Scouting for fundamental duties, in the
presence of Smt. Sharda Khatkar and Brand Ambassador Viyana Berwal.
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, habitual khadi
wearers and speaking truth, performing fundamental duties, as social reformer,
compassionate citizen, and unpaid labour for flora and fauna, with our mission:
Conservation beyond imagination, Whistleblower for community service, it is
humbly submitted that:
1. I am a retired non-official Member, State Committee for Slaughter Houses,
Department of Urban and Local Bodies (Govt. of Haryana), established as per
directions of Hon’ble Supreme Court of India, in CWP No. 309 of 2003.
2. I am a Master Trainer in Animal Welfare, decorated by the Govt. of India, retired
as Commissioner, Bharat Scouts and Guides, Haryana.
3. Lifetime working as Chief National Commissioner, Scouts and Guides for
Animal and Birds, along with National Authority for Animal Welfare, OIPA: Indian
People for Animals.
4. I had been CPCSEA nominee, Nodal Inspecting Authority for Haryana and
adjoining Rajasthan, for Animal Welfare Division (Govt. of India) and Inspecting
Authority for Animal Welfare Board of India, for Haryana and Punjab, as per item
No. 3 of 39th AGM of AWBI, keeping in view the recommendations of Screening
Committee of AWBI. 5.
I had been volunteers of Wildlife Crime Control Bureau / Convener of Animal
Welfare Political Party, political wing for flora and fauna, with the Convener of
the AWBI- NIAW Alumni Association. 6.
International Union for Conservation of Nature: IUCN - 2021-2025: Member,
Commission on Education and Communication / CEC Nature for all Network /
CEC Reimagine Conservation Network / CEC Nature Education for Sustainability
Network / CEC Youth Engagement, and Intergenerational Partnerships.
4
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.
(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 wildlife, 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.
Veterinary Council of India Standard of Professional Conduct, Etiquette and
Code of Ethics, for Veterinary Practitioners Regulations, 1992.
As per section 3: Declaration and oath by a Veterinarian: Being admitted
to the profession of veterinary medicine:
A). I solemnly swear to use my scientific knowledge and skills for the
benefit of society through the protection of animal health, the relief of
animal suffering, the conservation of livestock resources, the promotion
of public health, and the advancement of knowledge in veterinary science.
B). I shall practice my profession conscientiously, with dignity, and in
keeping with the principles of veterinary medical ethics.
C). I accept as a lifelong obligation the continuous improvement of my
professional knowledge and competence.
The Food Safety and Standards (Food Products Standards and Food Additives)
Regulations, 2011 under the Food Safety and Standards Act, 2006, wherein
definition of animals is given, and approved.
5
As per sub-regulation 2.5.1 (a)"animal" means an animal belonging to any of the
species specified below:
(i) Ovines (sheep).
(ii) Caprines (goats or goat-antelopes).
(iii) Suillines (pig family).
(iv) Bovines (ox and cow including buffalo).
(v) Domestic Rabbits (Oryctolagus cuniculus) and includes poultry and
fish.
Ritual Slaughter:
Ritual slaughter is slaughter done according to the religious
requirements of either the Jewish (sachet) or Muslim (Halal) and Hindu
(Jhatka) religious faith. The animal is slaughtered, with / without being
stunned, with a razor-sharp knife. When the cut is done correctly, the
animal appears not to feel it. From an animal welfare standpoint, the
major concerns during ritual slaughter are the stressful and cruel
methods of restraint (holding) that are used in some plants. Progressive
slaughter plants use devices to hold the animal in a comfortable,
upright position. For both humane and safety reasons, plants which
conduct ritual slaughter should install modern upright restraining
equipment.
Streamlining of Halal Certification Process for Meat and Meat Products:
"Halal" and "haram" are terms used in Islam to classify what is permissible
(halal) and what is forbidden or prohibited (haram) according to Islamic law
(Sharia).
Halal:
This term refers to things or actions that are permissible or lawful
according to Islamic teachings. It encompasses various aspects of life,
including food, behavior, and business dealings. For example, halal
food adheres to specific guidelines, such as the avoidance of pork and
alcohol, and the use of humane methods in animal slaughter.
Haram:
Haram, on the other hand, denotes what is forbidden or prohibited in
Islam. Actions or items labeled as haram are considered sinful or
unlawful according to Islamic teachings. This can include actions like
consuming alcohol, eating pork, engaging in dishonest business
practices, or engaging in certain behaviors or relationships that are
prohibited by Islamic law.
The Food Safety and Standards Authority of India (FSSAI) oversees food
regulations in India. The Food Safety and Standards (Licensing and
Registration of Food Businesses) Regulations, 2011, are part of the legal
framework governing food businesses in the country. However, these
6
regulations primarily focus on food safety and hygiene standards rather than
religious or cultural practices related to animal slaughter.
Regarding stunning before animal slaughtering, while the FSSAI regulations
emphasize standards for the hygiene and safety of food processing, they
might not specifically mandate stunning before slaughter. The regulations
primarily focus on ensuring that food businesses maintain hygienic
conditions, follow good manufacturing practices, and meet safety standards
during various stages of food processing, including animal slaughter.
However, specific requirements or regulations related to stunning before
animal slaughtering might exist at the state or local level, and these could
potentially conflict with traditional halal practices. In such cases, there might
be discussions or debates between religious practices and food safety
regulations.
It's essential to review both the FSSAI regulations and any additional local or
state regulations that might specifically address stunning before animal
slaughter to get a comprehensive understanding of the legal requirements
and their implications on religious or cultural practices related to animal
slaughter in India.
Prevention of Cruelty to Animals (Slaughter House) Rules, 2001, which were
amended in 2010, include provisions that mandate stunning before animal
slaughtering in India. These rules were put in place to ensure the humane
treatment of animals during slaughter and are aimed at improving animal
welfare standards in slaughterhouses.
The amended rules include guidelines for the proper handling and slaughter
of animals in registered slaughterhouses. Among the provisions is the
requirement for stunning animals before slaughter to minimize suffering and
ensure a more humane process.
However, these regulations might conflict with traditional halal methods that
emphasize specific religious practices during animal slaughter, where
stunning before slaughter is not part of the process.
This requirement has led to debates and discussions within religious
communities, particularly among those following Islamic dietary laws, as
stunning before slaughter might not align with their religious practices.
The implementation and adherence to these rules can vary across regions and
slaughterhouses in India. While the rules aim to improve animal welfare, they
can pose challenges for communities that follow specific religious guidelines
for animal slaughter.
As per Food Safety and Standards Act, 2006:
Section 29: Authorities responsible for enforcement of Act.
(1) The Food Authority and the State Food Safety Authorities shall be
responsible for the enforcement of this Act.
7
(2) The Food Authority and the State Food Safety Authorities shall monitor and
verify that the relevant requirements of law are fulfilled by food business
operators at all stages of food business.
(3) The authorities shall maintain a system of control and other activities as
appropriate to the circumstances, including public communication on food
safety and risk, food safety surveillance and other monitoring activities
covering all stages of food business.
(4) The Food Safety Officers shall enforce and execute within their area the
provisions of this Act with respect to which the duty is not imposed expressly
or by necessary implication on some other authority.
(5) The regulations under this Act shall specify which of the Food Safety
Officers are to enforce and execute them, either generally or in relation to
cases of a particular description or a particular area, and any such regulations
or orders may provide for the giving of assistance and information by any
authority concerned in 11the administration of the regulations or orders, or of
any provisions of this Act, to any other authority so concerned, for the
purposes of their respective duties under them.
(6) The Commissioner of Food Safety and Designated Officer shall exercise
the same powers as are conferred on the Food Safety Officer and follow the
same procedure specified in this Act.
Section 89: Overriding effect of this Act over all other food related laws-
The provisions of this Act shall have effect notwithstanding anything
inconsistent therewith contained in any other law for the time being in force
or in any instrument having effect by virtue of any law other than this Act.
Prevention of Cruelty to Animals (Slaughter House) Rules, 2001:
Rule 6. 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
8
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 sterilization 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 metre 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.
9
Food Safety and Standards (Licensing and Registration of Food Businesses)
Regulations, 2011:
Rule 4.0 Slaughter:
Animals are slaughtered by being first stunned and then exsanguinated (bled
out). Stunning can be affected through asphyxiating the animals with carbon
dioxide, shooting them with a gun or a captive bolt pistol, or shocking them
with electric current.
Rule 4.1. Stunning:
Stunning before slaughter should be mandatory. By inducing
unconsciousness and insensibility, stunning can avoid and minimise
reactions of fear and anxiety as well as pain, suffering and distress among the
animals concerned. Stunning methods induce temporary loss of
consciousness and rely on prompt and accurate sticking procedures to cause
death.
It is important that the equipment utilized for stunning and slaughter is
maintained in good working condition and that all operators involved are well
trained and have a positive attitude towards the welfare of animals.
Electrical stunning consists of passing electricity through the brain to
produce instantaneous insensibility.
Prevention of Cruelty to Animals Act, 1960:
Section 11 of the Prevention of Cruelty to Animals Act, 1960: Treating animals
cruelly, 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.
(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 so employed.
(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.
(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
(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
(f) keeps for an unreasonable time any animal chained or tethered
upon an unreasonably short or unreasonably heavy chain or cord
10
(g) being the owner, neglects to exercise or cause to be exercised
reasonably any dog habitually chained up or kept in close
confinement
(h) being the owner of any animal fails to provide such animal with
sufficient food, drink or shelter
(i) without reasonable cause, abandons any animal in circumstances
which render it likely that it will suffer pain by reason of starvation or
thirst
(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
(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
(l) multilates 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
(m) solely with a view to providing entertainment-
(i) 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 of prey for any
other animal.
(ii) incites any animal to fight or bait any other animal
(n) organizes, keeps, uses or acts in the management of, 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.
(o) promotes or takes part in any shooting match or competition
wherein animals are released from captivity for the purpose of such
shooting.
Section 11(3)(e):
The commission or omission of any act in the course of the destruction
or the preparation for destruction of any animal as food for mankind
unless such destruction or preparation was accompanied by the infliction
of unnecessary pain or suffering.
Compendium containing various standards, Rules and Statutes, Governing the
slaughter of animal and Management of Slaughter House, including solid waste
management and disposal. The consumption of meat, chicken and fish also
needs attention, keeping in view demand and supply.
As per section 3 of the Prevention of Cruelty to Animals Act, 1960:
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.
11
Prevention of Cruelty to Animals Act, 1960:
As per section 2 (a), "animal" means any living creature other than a human
being.
As per section 2(2) of BNS, 2023:
"animal" means any living creature other than a human being.
As per the Carriage by Road Act, 2007:
Section 2: Definitions – In this Act, unless the context otherwise requires: (e)
“goods” includes (ii) animals or livestock.
Prevention of Cruelty to Animals (Establishment and Regulation of Societies for
Prevention of Cruelty to Animals) Rules, 2001 was introduced,
As per Rule 3:
Society for Prevention of Cruelty to animals in a district:
(1) Every State Government shall by notification in the Official Gazette,
establish, as soon as may be and in any event within six months from
the date of commencement of these rules, a society for every district
in the State to be the SPCA in that district. Provided that any society
for Prevention of Cruelty to Animals functioning in any district on the
date of commencement of these rules shall continue to discharge its
functions till establishment of the SPCA in that district under these
rules.
(2) The Managing Committee of the Society shall be appointed by the
State Government or the local authority of the district consisting of a
Chairperson to be appointed by the State Government or the local
authority of the district, as the case may be with the concurrence of
the Board and shall consist of such number of other members as may
be considered necessary by the State Government or the local
authority of the district subject to the condition that:
(i). at least two members shall be representatives of the Animal Welfare
Organizations which are actively involved in the work of prevention of
cruelty to animals and welfare of animals preferably from within the
district; and
(ii). at least two members shall be the persons elected by the general
body of members of the Society.
(3) The duties and powers of the Society shall be to aid the Government,
the Board and local authority in enforcing the provisions of the Act
and to make such bye-laws and guidelines as it may deem necessary
for the efficient discharge of its duties.
12
(4) The Society, or any person authorized by it in this behalf, if it or he has
reasonable grounds for believing that any person has committed an
offence under the Act, it or such authorized person may require such
person to produce forthwith any animal in his possession, control,
custody or ownership, or any license, permit or any other document
granted to such person or required to be kept by him under the
provisions of the Act and may stop any vehicle or enter into any
premises in order to conduct a search or inquiry and may seize an
animal in respect of which it or such authorized person has reason to
believe that an offence under the Act is being committed, and deal
with it in accordance with law.
(5) In addition to the powers conferred by these rules, the State
Government may, in consultation with the Board, confer such other
powers upon any Society for exercising the powers and discharging
the functions assigned to it under these rules.
As per Rule 4: Setting up of infirmaries and animal shelters:
(1) Every State Government shall provide adequate land and other facilities to
the Society for the purpose of constructing infirmaries and animal shelters.
(2) Every infirmary and animal shelter shall have –
(i) a full-time veterinary doctor and other staff for the effective running and
maintenance of such infirmary or animal shelter; and
(ii) an administrator who shall be appointed by the Society.
(3) Every Society shall, through its administrator or otherwise, supervise the
overall functioning of the infirmaries and animal shelters under its control and
jurisdiction. (4) All cattle pounds and pinjrapoles owned and run by a local
authority shall be managed by such authority jointly with the Society or Animal
Welfare Organizations.
As per Rule 5: Regulation of SPCAs:
(1) Every Society shall submit its annual report to the Board incorporating
therein the activities undertaken by it for the welfare of animals and the
steps or measures taken by it to implement various provisions of the Act
and the rules made thereunder along with annual accounts duly audited
by a chartered accountant or any other body authorized by law within a
period of one month from the date of its accounts having been finalized
by its managing committee.
(2) The Board shall examine such annual report and the annual accounts
submitted by the Society and may give any directions to it for
improvement of its functioning including the supersession of the
managing committee of the Society with a view to give effect to the
provisions of the Act and the rules made thereunder. Provided that the
Board shall give opportunity of personal hearing to the office bearers of
the Society or any representative authorized by it before giving direction
of its supersession and holding of fresh elections for electing a new
managing committee as per bye-laws of the society.
13
(3) The Board shall give any direction to any Society in the interest of smooth
and efficient functioning of the Society including the procedure for
holding the election of the managing committee of the Society, utilization
of financial resources and management of assets of the Society with a
view to give effect to the provisions of the Act and the rules made
thereunder.
Strict compliance of:
(1). Prevention of Cruelty (Capture of Animals) Rules, 1972
(2). Prevention of Cruelty to Draught and Pack Animals Rules, 1965,
amended 1968.
(3). Prevention of Cruelty to Animals (Licensing of Farriers) Rules, 1965.
(4). Performing Animals Rules, 1973 and 2001.
(5). Transport of Animals Rules, 1978, amended in 2001 and 2009.
(6). Prevention of Cruelty to Animals (Application of Fines) Rules, 1978
(7). Prevention of Cruelty to Animals (Registration of Cattle Premises)
Rules, 1978.
(8). Experiments on Animals (controls and Supervision) (Amendment)
Rules, 1998.
(9). Breeding of and Experiments on Animals (Control and Supervision)
Rules, 1998, 2001, 5 and 2006.
(10). Prevention of Cruelty to Animals (Slaughter House) Rules, 2001,
amended in 2010.
(11). Prevention of Cruelty to Animals (Establishment and Regulation of
Societies for Prevention of Cruelty to Animals) Rules, 2001.
(12). Prevention of Cruelty to Animals (Dog Breeding and Marketing)
Rules, 2017.
(13). Animal Birth Control Rules, 2023.
(14). Prevention of Cruelty to Animals (Pet Shop) Rules, 2018.
(15). Prevention of Cruelty to Animals (Care and Maintenance of Case
Property Animals) Rules, 2017.
(16). Prevention of Cruelty to Animals (Egg Laying Hens) Rules, 2023.
(17). Prevention of Cruelty to Animals (Animal Husbandry Practices and
Procedures) Rules, 2023.
(18). Prevention of Cruelty to Animals (Transport of Animals on Foot)
Rules, 2001.
Gross negligence in overall supervisions, needs immediate attention.
FACTS OF THE CASE:
1. That the 30 slaughterhouses in the Mewat Region, CTE has been
approved by the Haryana Pollution Control Board and 8 slaughterhouses
were granted CTO, besides it 6 slaughterhouses are functioning in
complete disregard of the Water (Prevention and Control of Pollution) Act,
1974, and the Air (Prevention and Control of Pollution) Act, 1981 with
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Noise Pollution (Regulation and Control) Rules, 2000 / Solid Waste
Management Rules, 2016, Environment (Protection) Act, 1986 and
Environment (Protection) Sixth Amendment Rules, 2016, besides Article
48 and 51A of Indian Constitution / Prevention of Cruelty to Animals
(Slaughter House) Rules, 2001 / Prevention of Cruelty to Animals
(Establishment and Regulation of Societies for Prevention of Cruelty to
Animals) Rules, 2001 / Prevention of Cruelty to Animals (Regulation of
Live stock Market) Rule, 2017 / Prevention of Cruelty to Animals (Animal
Husbandry Practices and Procedures) Rules, 2023 / Prevention of Cruelty
to Animals (Transport of Animals on Foot) Rules, 2001 / Prevention of
Cruelty to Animals (Registration of Cattle Premises) Rules, 1978 /
Transport of Animals Rules, 1978, amended in 2001 and 2009 / Food
Safety and Standards (Licensing and Registration of Food Businesses)
Regulation, 2011 / Central Motor Vehicle (Eleventh Amendments) Rules,
2015 / Central Motor Vehicle (13th Amendments) Rules, 2016 / Central
Motor Vehicle (13th Amendments) Rules, 2018 / Rule 3 of the Veterinary
Council of India Standard of Professional Conduct, Etiquette and Code of
Ethics, for Veterinary Practitioners Regulations, 1992 and Section 2(d) of
the Prevention and Control of Infectious and Contagious Diseases in
Animals Act, 2009: “Compulsory vaccination” means vaccination of any
animal against any scheduled disease in respect of which vaccination is
made mandatory under the provisions of this Act.
2. That these facilities are discharging untreated effluents, blood, and
animal waste directly into water bodies, ground water, choking sewerage
system, causing severe pollution and health hazards to residents and
surrounding ecosystems, besides noise pollution.
3. That the failure to establish an Effluent Treatment Plant (ETP), a dry
rendering plant, and a blood coagulator has resulted in environmental
degradation and public health risks.
4. That the lack of stunning procedures before slaughter violates the
Prevention of Cruelty to Animals Act, 1960, and Food Safety and
Standards (Licensing and Registration of Food Businesses) Regulation,
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2011, causing unnecessary suffering to animals and violating ethical and
legal standards, breaching public trust being criminal conspiracy.
Gross negligence in overall supervision, related to orders passed by the Hon’ble
Supreme Court, as on dated 23-8-2012 / 27-8-2013, and 6-3-2014, in CWP 309 of
2003, read with compendium, whereas stunning before slaughtering is
mandatory.
As per orders passed by the Hon’ble Supreme Court in CWP No. 309 of 2003, as
on 23-8-2012, read with stunning discussion as on 6-3-2014:
Functions of the State Committee for Slaughter Houses so constituted may be
as following:
1. to identify and prepare a list of all the Slaughter Houses (S.H.s) located
within the local self Govt. (Municipal Corporations, Panchayats etc.)
2. to call for reports from the District Magistrate or the Dy. Commissioner
and District Food Safety Inspector as the case may be on the
condition/functioning of the S.H.s and also on the compliance of the
relevant applicable laws.
3. to recommend modernization of old slaughter houses (S.H.s) and to
relocate S.H.s which are located within or in close proximity of a
residential area.
4. to recommend appropriate measures for dealing with solid waste,
water/air pollution and for preventing cruelty to the animals meant for
slaughter.
5. to carry out surprise & random inspections of S.H.s regularly and to
issue directions for compliance of the recommendations that may be
made by it.
6. to send bi-annual reports on the state S.H.s to the Central Committee
and to refer issues that may require Central Committee
recommendations or Central Govt. assistance.
7. to accord final approval for licensing of S.H.S to Local Self Govt.
8. to identify on an ongoing basis, the unlicensed slaughter houses in
the region, and other unlicensed, unlawful establishments where
animals are being slaughtered, on howsoever a small scale, and take
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the help of the District Magistrate and other law enforcement agencies
to crack down on the same.
9. To check for child labour.
GROUNDS:
1. That the operation of these slaughterhouses in violation of pollution
control norms is a direct infringement of Articles 21 and 48A of the
Constitution of India, which guarantee the right to a clean environment
and the duty of the State to protect wildlife and forests, besides
fundamental duties, as defined under article 51-A Indian Constitution.
2. That the absence of pollution control measures results in contamination
of water sources, a public nuisance, and a grave health hazard, violating
the ‘Polluter Pays Principle’ and ‘Precautionary Principle’ upheld by the
Hon’ble Supreme Court and the NGT.
3. That the non-implementation of humane slaughter methods disregards
global best practices and legal mandates aimed at reducing animal
suffering.
CONCERNS:
1. Lack of Humane Slaughter Practices:
The slaughterhouse in question do not follow the mandatory stunning
procedures prior to slaughter, leading to unnecessary and extreme
suffering of animals, in violation of the Prevention of Cruelty to Animals
Act, 1960 and Food Safety and Standards (Licensing and Registration of
Food Businesses) Regulation, 2011, besides Bureau of Indian Standards.
2. Non-Compliance with Pollution Control Norms:
The absence of Effluent Treatment Plants (ETP) results in the direct
discharge of untreated blood, animal waste, and other pollutants into
water bodies, posing severe health and environmental hazards.
3. Failure to Establish a Dry Rendering Plant:
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The proper disposal and processing of animal by-products are necessary
to mitigate environmental pollution and the spread of diseases. The
failure to implement a rendering plant exacerbates unhygienic conditions
and waste mismanagement.
4. Absence of Blood Coagulation Facilities:
The unregulated disposal of blood from slaughterhouses leads to severe
contamination, causing biohazard risks and pollution of local water
sources.
5. Violation of Air Quality Standards:
The emissions from these facilities, including foul odors and particulate
matter, degrade air quality and affect the health of residents in nearby
areas.
In light of the above concern, authorities are duty bound, to take immediate
action by implementing the following measures, in the compliance of CPCB
guidelines and directions, read with the compendium:
1. Mandate Stunning Procedures Prior to Slaughter:
Enforce the use of mechanical or electrical stunning before slaughter to
minimize animal suffering, as per international humane slaughter
practices.
2. Strict Enforcement of Pollution Control Measures:
Ensure that all slaughterhouses install and operate a fully functional
Effluent Treatment Plant (ETP) to prevent water pollution, keeping in view
Bureau of Indian Standards.
3. Establish a Dry Rendering Plant:
Make it mandatory for slaughterhouses to process animal waste
hygienically to avoid public health hazards.
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4. Installation of Blood Coagulators:
Implement proper treatment and disposal of blood to prevent
contamination and environmental damage.
5. Regular Monitoring and Compliance Checks:
Conduct periodic inspections to ensure adherence to environmental and
animal welfare laws, imposing strict penalties for non-compliance.
Memorandum has been issued to the Government, as mentioned below:
Community Policing in good faith as scouting for stunning process before
animal slaughtering, keeping in view, Food Safety and Standards Act, 2006 (34
of 2006) and regulations made as Food Safety and Standards (Licensing and
Registration of Food Businesses) Regulation, 2011, along with Prevention of
Cruelty to Animals (Slaughter House) Rules, 2001, besides Basic Requirement
for an Abattoir (Second Revision), Bureau of Indian Standards, bearing No. IS:
4393: 2016 - Reaffirmed 2020 and 2022, in the presence of Viyana Berwal,
designated Brand Ambassador. Smt. Sukanya Berwal, Commissioner of
Education, Scouts and Guides for Animals and Birds, along with OIPA: Indian
People for Animals, reported that the limitation period of 3 months defined under
section 36 of Prevention of Cruelty to Animals Act, 1960 and as per section 77
of the Food Safety and Standards Act, 2006 (34 of 2006), limitation period up to
12 months, no court shall take cognizance of an offence under this Act after the
expiry of the period of one year from the date of commission of an offence.
Whereas, AWBI failed to perform with bad intention, being criminal conspiracy,
violating section 36 of Prevention of Cruelty to Animals Act, 1960, related to
offenses against 16 Circuses, including Great Golden Circus, breaching public
trust, dumping PETA India inspection report, neither FIR was lodged, nor
complaint was moved before competent court. In similar incident, neither FIR
lodged nor complaint filed by designated officers, violating section 77 of the
Food Safety and Standards Act, 2006 (34 of 2006), read with Food Safety and
Standards (Licensing and Registration of Food Businesses) Regulations, 2011,
which was confirmed by Gujarat Animal Welfare Board, that animals are being
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slaughtered without stunning, which is mandatory, besides Rule 3 of Veterinary
Council of India Standard of Professional Conduct, Etiquette and Code of
Ethics, for Veterinary Practitioners Regulations, 1992 and article 51A of Indian
Constitution. To break criminal syndicate, with the Gujarat State Food and Drugs
Control Administration, because Designated Officer of Gujarat State Food and
Drugs Control Administration, never reported Commissioner for legal action,
recalling FSSAI license, related to the violation of stunning process before
slaughtering, awarded license adopting corrupt mechanism, breaching public
trust, committing contempt of court.
PRAYERS:
Break criminal syndicate of all concerned, including AWBI with all Designated
Officers, Municipal Council - Committees, along with DDAH / Food Safety
Health Department and Pollution Control Board, who failed to recall FSSAI
State license, keeping in view, inspection reports, and crack down Slaughter
House, for the violation of the article 48 and 51A of the Indian Constitution,
read with Section 61(2), 223, 241, 270, 325 of the Bharatiya Nyaya Sanhita,
2023 and Section 3, 11, 36 and 38 of the Prevention of Cruelty to Animals Act,
1960, along with section 77 of the Food Safety and Standards Act, 2006 (34 of
2006): Time limit for prosecutions- Notwithstanding anything contained in this
Act, no court shall take cognizance of an offence under this Act after the expiry
of the period of one year from the date of commission of an offence: Provided
that the Commissioner of Food Safety may, for reasons to be recorded in writing,
approve prosecution within an extended period of up to three years, keeping in
view, Rule 4.0 and 4.1 of the Food Safety and Standards (Licensing and
Registration of Food Businesses) Regulations, 2011 and Rule 6(4) of the
Prevention of Cruelty to Animals (Slaughter House) Rules, 2001.
Naresh Kadyan
Distribution: Recall all CTE – CTO with all permissions – NOC and Licenses:
1. RO, Pollution Control Board. 2. All SDMs. 3. DMC at Nuh.
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