IN THE HIGH COURT OF JUDICA RE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR D.B. Public Interest Litigation No.

20513 / 2013.

CAUSE TITLE PETITIONERS: 1. Human Settlement Technology Centre through its President, Geetesh Khanna s/o late Shri K.K.Khanna, Age 29 years, Jaipur, Office-21, Sethi Colony, C Block, Agra Road, ward No.32, Jaipur. Mobile No.9829322722 2. Organization for Animal Protection, through its Honorary Animal Welfare Officer, AWBI and Media Adviser to OIPA, Shri Abhishek Kadyan s/o Shri Naresh Kadyan, Age 29 years, Regional Office at 21, Sethi Colony, C Block, Agra Road, ward No.32, Jaipur and resident of C-38,Rose Apartment, 14,Prashant Vihar, Rohini, Delhi. Mobile No. 09813010595 VERSUS RESPONDENTS: 1. State of Rajasthan through Chief Secretary , Government of Rajasthan, Jaipur 2. Animal Welfare Board of India, through the Secretary, No 13/1, Valmiki Nagar Near Singapore Shopping, 3rd Seaward Road, Thiruvanmiyur, Chennai 600041

3. The Secretary to the Ministry of Environment and Forest (Govt. of India), CGO Complex, Lodhi Road, New Delhi. * * * * ** * * ** * D .B . P U B LIC I NT ER ES T L IT I GA T IO N P ET IT IO N 385A TO CHAPTER 38 5 R X X II -A RU L E

F I LED

B EF O RE

R A J A S T H A N H IGH C O U RT , J A IP U R B ENC H A T J A I P U R A ND IN THE MATTER OF:C O NS T IT U T IO NA L J U R IS D IC T IO N A ND W R IT P U B L IC

I NT ER ES T L IT I GA T IO N U /A 226 O F T H E C O NS T IT U T IO N O F IND IA A ND IN THE MATTER OF:L ET T E R PETITION F IL ED O NL INE

B Y P ET IT IO NE RS A ND IN THE MATTER OF:T H E P R EV ENT IO N O F C RU E LT Y T O A N IM A L S A C T , 19 6 0 (5 9 O F 19 6 0 ) A S A M END ED B Y C E NT RA L A C T 26 O F 1982 A ND IN THE MATTER OF:-

T H E P ERF O RM I N G A NIM A L RU L ES , 1973 A ND SECTION 2 (h ) OF THE

P ERF O RM I N G

A N IM A LS

( R EG IS T RA T IO N) RU L ES , 20 0 1 A ND IN THE MATTER OF:T H E P R EV ENT IO N O F C RU E LT Y T O D RA U GH T RU LE S , 19 6 5 A ND IN THE MATTER OF:A RT IC LE S 5 1A ( g ) OF THE A ND PACK A NIM A L

C O NS T IT U T IO N O F I ND IA A ND To, The Hon'ble Chief Justice and his other companion Judges of the High Court of Judicature for Rajasthan at Jaipur. M A Y I T P LEA S E Y O U R LO RD S H IP S , O n b e h a l f o f t h e p e t i ti o ne r s , i t is h um b ly a n d r e s p e c t f u l ly s h e we t h : 1) P A R T I C U LA RS A GA I N ST OF THE C A U SE/ O RD ER OF

W H I C H /F O R

C O M P LI A N C E

W H I C H T H E P ET I T I O N I S M A D E A ). D at e of O rd e r /N ot i f i c a t i on /C i rc u l ar /P o li c y

D ec i si on /r ep or t / I n v e st i g at i o n et c . Th a t India is the only country using thorn bits. Everywhere else the bits are smooth,

with no thorns or spikes protruding and injuring the mouth of a horse. Pushkar Fair (9-17 November 2013) in the District Ajmer of Rajasthan: The Prevention of Cruelty to Animals Act, 1960 duly enforced in Rajasthan, animal abuse is an offense, horses are abused by thorn bits and these thorn bits are traded during Pushkar fairs at large, due to these thorn bits, horses tongue, lips and mouth injured, which violated the section 3 and 11 of the said Act. The Petitioners lodged complaint in advance with the Govt. of Rajasthan, as under: Ban thorn bits, replace it with plain bits. Pushkar fair Administration may kindly be directed to give attention, local Police be directed to lodged FIR against all thorn bits traders during the fair, in routine as well. Animal Welfare Board of India may kindly be directed to issue strict instructions to the Chief Secretary to the Government of Rajasthan to ensure the production and trading should be ban in Rajasthan,especially during Pushkar fair, the UN affiliated OIPA in India and PFA Haryana team will be very much present during said fairs to conduct raids on the traders and manufacturers of thorn bits under the leadership of Abhishek Kadyan and Geetesh Khanna, please direct local Administration of Ajmer to extend their support to our team. The Draft rules of Animal Welfare Act, 2011 was prepared by the Ministry of Environment and Forest (Govt. of India), which is under consideration with the concerned Ministry and ordinance needs to be directed to be passed immediately so that cruelty on animals may be directed to be banned . As the present Prevention of cruelty Against Animals Act 1960 was actually passed in the year 1890. At that time penalty was Rs.10/- which was in 1960 revised and

Rs.50/- was fixed .This is a toothless Act which does not have any provisions for punishing the habitual offenders of inflicting cruelty on Animals. The Draft new Amended Act would repeal the Act,1960 and the cruelty on animals may be punishable. Presently as per Section 31 of the Act of 1960, only offence punishable under clause (1) or clause (n) or clause (o) of sub section (i) of section 11 or under section 12 is cognizable offence. Remaining all sections is non-cognizable offence. Hence ordinance needs to be directed to be passed and implementation of Animal Welfare Act,2011 needs to be directed for punishing people killing animals in cruel manner or treating animals cruelly or animal slaughters.

2 ) . Sub j ec t M a t t e r i n B r i ef A. India is the only country using thorn bits. Everywhere else

the bits are smooth, with no thorns or spikes protruding and injuring the mouth of a horse. Foreigner horsemen/horsewomen seeing the Indian thorn bits are horrified. They never had seen them before. The bit is a means to communicate with the horse. If you want a calm, responsive and balanced horse, you must not inflict pain, you should use a smooth bit or a bitless bridle. If you want subtleness, the aids applied must be subtle too. Thorn bits are cruel devices that create pain and tension in the horses. B. As thorn bits are a torture instrument injuring the horse

and causing him/her pain, the horse becomes scared of humans, is said to be hot-blooded, and when ridden, the horse lifts the head high making it impossible to perform equestrian disciplines like dressage, even when the thorn bit is replaced by a smooth

bit. The horse has become useless for higher equestrian activities for life. C. Thorn bits are bits with many thorns or spikes

protruding from the part of the bit that goes inside the mouth of a horse. Some thorn bits have very sharp spikes, others round. Some spikes are long, others small. Thorn bits are made of metal and often rust. They are used in Marwari, Kathiawari, Sindhi or any other breed of desi horses. They are manufactured in rural places of India, used rurally, sold and used at the horse fairs too. D. When the rider pulls the reins, the thorns of the bit cut

the horses lips and sometimes his/her tongue, giving great pain and injuring the horse. As the horse lifts the head and neck in pain, he/she hollows the back and lowers the hips, which strains the backbone muscles from neck to tail and the legs causing pain and often joints/muscles issues. (The rider sitting on the loins adds even more pressure and pain). E. a). We might guess a horse is having a thorn bit when: The bit is having double rings on each side (typical of desi bits), b). The horse is having foam on the mouth, pink foam (saliva mixed with blood) due to the mouth cuts inflicted by the bit or even plain blood stains in the corners of the mouth, c). The horse opens widely his/her mouth when the reins are pulled (to try avoiding the pain), d). The horse keeps his/her head high while ridden (to try escaping from the bit as it causes pain).

e).

The horse is doing rewaal chal gait (amble) (often rewaal chal is achieved through pain).

F. 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. G. Treating animals cruelly: (1) 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; or (b) 13(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 employed; or c) wilfully and unreasonably administers any injurious drug or injurious substance to 14(any animal) or wilfully and unreasonably causes or attempts to cause any such drug or substance to be taken by 15(any animal;) or (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; or (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; or f) keeps for an unreasonable time any animal chained or tethered upon an unreasonably short or unreasonably heavy chain or cord; or (g)

being the owner, neglects to exercise or cause to be exercised reasonably any dog habitually chained up or kept in close confinement; or (h) being the owner of (any animal) fails to provide such animal with sufficient food, drink or shelter; or (i) without reasonable cause, abandons any animal in circumstances which tender it likely that it will suffer pain by reason of starvation thirst; or (j) wilfully 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 reason able excuse permits any diseased or disabled animal, of which he is the owner, to die in any street; or (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 illtreatment; or 16{(1) mutilates 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 or;) 17{(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 orother sanctuary) so as to make it an object or prey for any other animal; or (n) 18[xxxx] organises, keeps uses or acts in the management or, 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; or (o) promotes or takes part in any shooting match or competition wherein animals are released from captivity for the purpose of such shooting: he shall be punishable 19(in the case of a first offence, with fine which shall not be less than ten rupees but

which may extend to fifty rupees and in the case of a second or subsequent offence committed within three years of the previous offence, with fine which shall not be less than twenty-five rupees but which may extend, to one hundred rupees or with imprisonment for a term which may extend, to three months, or with both.] (2) For the purposes of section (1) an owner shall be deemed to have committed an offence if he has failed to exercise reasonable care and supervision with a view to the prevention of such offence; Provided that where an owner is convicted permitting cruelty by reason only of having failed to exercise such care and supervision, he shall not be liable to imprisonment without the option of a fine. (3) Nothing in this section shall apply to - (a) the dehorning of cattle, or the castration or branding or noseroping of any animal in the prescribed manner, or (b) the destruction of stray dogs in lethal chambers 20[by such other methods as may be prescribed] or (c) the extermination or destruction of any animal under the authority of any law for the time being in force; or (d) any matter dealt with in Chapter IV; or (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. H. The Draft rules of Animal Welfare Act, 2011 was prepared by the Ministry of Environment and Forest (Govt. of India), which is under consideration with the concerned Ministry. P A R T I C U LA RS O F T H E P ET I T I O N ER S: 1. That p e t it io ne r no-1 ( h e r e ina f te r referred as

p e t it io ne r s o c ie t y ) is a we lf a r e b o dy a nd a te c h n o lo g y

c e n tr e c o ns t i tu te d i n 19 99 i n o r de r to i nc r e a s e p ub lic u n de r s t a n di ng of the p r i nc ip le s , a c t iv i tie s a nd

a c h ie ve m e n ts o f U n ite d N a t io ns a nd i ts Ag e n c i e s . I t i s a ls o wo r k i ng w i th UN Ha b i ta t a f f i l ia te d C en t r e f o r H um a n S e t tle m e n ts b a s e d a t K o lk a t ta f o r wel f a r e o f s lu m s . The O r g a n iz a t io n keeps Un i te d N a t io ns

i n f o r m e d a b o ut U N Ag e nc y a c t iv i t ie s a nd p r o g r a m m e s a nd le a r ns te c h n o lo g y on v a r io us a s p e c ts . Th e

o r g a n iz a t io n h a s in t h is Ho n b le C o ur t va r io us p ub l ic I n te r e s t L i tig a ti o ns d is p o s e d a n d p e nd ing . S o m e a r e on ( i) . D r y ing S a m b h a r S a lt la k e , ( i i) . Am b e r Pa l a c e a t J a ip u r lo s ing i ts o r ig ina l i ty d ue t o r e n o v a t io n wo r k s ; ( i ii ) . Me t r o Ra il c o ns tr u c ti o n s h o u l d no t b e a l lo we d s o a s to de m o l is h u nde r g r o un d h e r i ta g e r o u te s in h e r i ta g e w a lle d c i ty o f J a ip ur ; ( v) . O ve r lo a d ing o f tr uc k s s h o u ld no t b e a l lo we d; ( vi ) . I l le g a l tr a de o f de a d b o d ie s b e ing un de r ta k e n in I n d ia wh e r e c o p s a r e s e l l ing c o r p s e s t o th e m e d i c a l c o l le g e s f o r e x p e r im e n t a t io n i l le g a l ly ; ( vi i) . Re s i de n t ia l a r e a s s h o uld n o t b e a ll o we d f o r c o m m e r c ia l us e ; ( vi i i) . R u le s of Ra ja s th a n M o to r ve h ic le Ta x

c h a l le ng e d wh e r e o l d c o m m e r c ia l ve h i c le s a r e b e ing c h a r g e d v a l ue a d de d t a x a nd p a y ing ta x e s m o r e th a n t h e va l ue o f ne w ve h ic le o f s a m e k ind.

( ix ) . M a te r na l D e a th s a t J o d h p ur Ho s p i ta ls b y g ive w r o ng tr e a tm e n t d ue to medical c a r e le s s ne s s of

D o c to r s . ( A t J o dh p ur ) A l l th e a b o ve w r its h a ve b e e n c h a l le ng e d b e f o r e t h e R a j a s t h a n Hig h C o u r t, J a ip ur B e s i de s t h is N G O p r o m o te s tr a i ni ng c a p a b ili t ie s a t t h e s ta te a nd l o c a l le ve ls a nd to e s ta b l is h a f o r um f o r i n te r a c ti o n w i th A dm in is tr a t o r s , Pr o f e s s io na l s , a nd Re s e a r c h e r s e tc . HS TC o f f ic e e ng a g e s in policy

d ia l o g ue to i m p r o ve th e s ta nd a r d o f li vi ng o f th e r ur a l - ur b a n p o o r r e s u l t ing in to im p r o ve d a p p r o a c h e s to s h e l te r , w a te r , s a n i ta t i o n, in f r a s tr u c tur e ,

p r o te c ti o n o f na t u r a l e n vi r o n m e n t e tc . Be g inn i ng w ith e x p e r ie nc e s of expert land o r g a n iz a t i o ns a nd w i th urban th is

i n f r a s tr uc t ur e ,

m a n a g e m e nt ,

o r g a n iz a t io n h e l p s de f i ne m a j o r ur b a n e nv ir o nm e nt a l i s s ue s a nd p r o vi de t h e b a s is f o r i nn o va t io ns in f u tur e p r o g r a m m ing f o r th e w h o le o f Ra ja s th a n. T h e c o p y o f th e C o ns t i tu t io n o f t h e Pe t i ti o ne r s o c ie ty a nd th e Re s o l ut i o n p a s s e d b y t h e s o c ie ty m e m b e r s a u th o r i z i ng p e ti t i o ne r to f i le , s ig n, ve r i f y th e P ub l ic I n te r e s t L i t ig a ti o n is p r o d uc e d h e r e w it h a n d m a r k e d a s A n n e x ur e A - 1 . 2 . T h a t p e ti t io ne r N o . 2 i s Honorary Animal Welfare Officer, AWBI and Media Adviser to OIPA Indian People for Animals having established Jaipur Region Office along with NonGovernment Organization Human Settlement Technology Centre

at the office of Petitioner no.2.though its main office is at New Delhi. The copy of the authorization and Constitution of International Organization for Animal Protection an NGO associated within Department of Public Information is submitted herewith and marked as Annexure-2. 3 . T h a t t h e p e t it i o ne r s h a ve ne ve r b e e n in vo lve d i n a ny other c i vi l, r e ve nue , c r im in a l li t ig a t io n in a ny

c a p a c i ty b e f o r e a ny C o ur t o r T r i b u na l. 3 ) . D EC LA RA T I O N A N D U N D ER T A K I N G O F T H E P ET I T I O N E R S: 1. T h a t t h e p r e s e n t p e t i ti o n is b e i ng f i le d b y w a y o f p ub li c i nte r e s t l i t ig a t io n a nd th e p e t it io ne r s d o no t h a ve a ny p e r s o na l i n te r e s t in th e m a t te r . Th e

p e t it io n is b e ing f ile d i n th e in te r e s t o f p e o p l e in g e ne r a l a l o ng wi t h t h e i r h o r s e s . 2. T h a t th e e n ti r e l i t ig a t io n c o s t, i n c l u di ng th e a d vo c a te s fee a nd o th e r charges is b e ing b o r ne by th e

p e t it io ne r s . Pe r m a ne n t Ac c o unt N o . is no t a v a i la b le w i th a ny p e t i ti o ne r s . 3. T h a t a t h o r o ug h r e s e a r c h h a s b e e n c o n d uc te d i n th e m a t te r r a is e d th r o ug h th e p ub l i c in te r e s t l it ig a t io n a nd all th e r e le va n t ne ws p a p e r s v is i t the m a te r ia l c lip p ing s of as Re p o r ts , we r e by been

p h o to g r a p h s , c o l le c te d p e t it io ne r s

wh ic h Lake h a ve

d ur ing a nd

Sambhar herself

c o u ns e l

a nne x e d w i th t h e p e t i t io n.

4.

T h a t t o th e b e s t o f th e p e ti ti o ne r s k n o w le dg e a n d r e s e a r c h , th e is s ue r a is e d w a s no t de a l t w it h o r de c ide d a n d th a t a s im i la r o r i de nt ic a l p e ti t io n wa s n o t f i le d e a r lie r b y th e m .

5.

T h a t t h e p e t it io ne r s h a ve un de r s to o d t h a t in t h e c o ur s e o f h e a r i ng o f th is p e ti t io n t h e C o ur t m a y r e quir e a ny s e c ur ity t o b e f ur nis h e d to wa r ds c o s ts o r a ny o t h e r c h a r g e s a n d th e p e ti t io ne r s s h a l l c o m p ly w ith s uc h r e q ui r e m e n ts .

2 ) F A C T S I N B RI EF , C O N S T I T U T I N G T H E C A U S E: A. That a comfortable bit, when used properly promotes confidence in a horse. It is one of the cornerstones of good horsemanship, no matter what kind of riding you do. A horse is completely comfortable with the bit thats in his mouth, both in terms of fit (not too tight or pinching anywhere) as well as trusting and understanding the use of that bit. If the horse is not comfortable with his bit, here are some things to evaluate: 1. Have your horses teeth been floated in the last six months? 2. Is your headstall adjusted so the bit is too tight? As a general rule, one wrinkle on BOTH sides of your horses mouth is good. 3. Is the width of the bit a good fit for your horse? A bit thats too narrow or too wide is very uncomfortable. 4. Take a good look at the mouthpiece. Is it too severe (the thinner the mouthpiece, the higher the port and the heavier it is, the more severe), or is the size inappropriate (larger horses might like a thicker mouthpiece whereas smaller horses might like something thinner)?

5. Is your curb strap too tight or too severe because the chain is twisted or is tiny (like the bicycle chain curb straps). B . That the India bit is called Thorn bit because of the barbs on the cannons of the mouthpiece and the spike on top of the port. It was said that the severeness of the bit was needed because the average person there in that region was "slight in build" and was physically unable to hold a horse with a mild bit. I guess the concept of teaching a horse to work on a milder bit was not an achievable thought back then. Go figure. This bit is a very severe bit. Its Fourth Century BC from Greece. This bit has Echinus (barbed mouth piece cannons) and mouthing chains. Most bits at this time were tied on or sewn on the bridle of the horse making each horse to have his own personal bridle. They were not adjustable. The two small holes on the side of the bit cheeks, above and below the mouth piece is where the head stall would be attached (tied on or sewn on) and ,the two hooks going outward from the cheeks is where the reins would be attatched to (also tied on or sewn on).

C. That India has been described by a European as the paradise of horses, and from his point of view the phrase is not unfitting. The natural affinity between horses and Englishmen becomes a closer bond by residence in India, where everybody ridesor ought to ridewhere horses and horse-keep are cheap, and where large castes of stable servants, contented with a low wage, are capable, Tinder careful superintendence, of keeping their animals in a state of luxurious comfort. The horses, however, which serve native masters, are born to purgatory rather than to paradise. Those in the hands of the upper classes suffer from antiquated and barbarous systems of treatment, and are often killed by mistaken kindness or crippled by bad training, while those of low degree are liable to cruel ill-usage, overwork, neglect, and unrelieved bondage.The copy of photographs of some of the spiked/thorn bits obtained from internet are submitted herewith and marked as Annexure-3 while some are produced as under:-

RAJAH'S CHARGER (MARWAR BREED).

D . That the "thorn-bits" here engraved are ordinary specimens of those in use; the cut requires careful examination before their murderous character can be made out. Some say the Indian bit is severe because the average horseman, being of slight build, is physically incapable of holding a horse with a fair one. There may be something in this, but the weakness is more moral than physical; nerve is more wanting than muscle, and reason most of all. Most of the bits are cruel, cause injury and/or force horses through pain. E . That Animal Protection Laws guide the Police, the HAWOs, the NonGovernment Organizations and the AWOs( i) S e c t io n 1 1( 1) (a) of the Pr e ve nt i o n of C r ue lty

A n im a ls Ac t 19 60 p r e s c r ib e s a n d e nu m e r a te s th e f o r m s o f c r ue lt y a s Be a ti ng , k ic k ing , o ve r - r id ing , o ve r - lo a d ing , to r t ur i ng , c a us ing un ne c e s s a r y p a in o r s uf f e r i ng to a ny a n im a ls . ( N o n - C o g n iz a b le o f f e nc e

u n de r PC A Ac t, 1 9 60 ) ( i i) S e c t io n 1 1( 1) ( f ) Ke e p i ng f o r a n un r e a s o na b le t im e a ny a n im a l c h a ine d or tethered up o n an

u nr e a s o n a b ly h e a vy c h a i n o r c h o r d; . ( N o n - C o g n iz a b le o f f e nc e u nde r PC A Ac t, 1 9 60 ) ( i ii ) U n de r S e c ti o n 2 ( b ) o f th e P e r f o r m ing Ani m a ls R u le s , 1 97 3 , Pe r f o r m i ng A n im a l s m e a ns a ny a ni m a l w h ic h is us e d f o r th e p ur p o s e o f a ny e nte r t a i nm e n t to w h ic h th e p ub l i c is a dm i t te d t h r o ug h t h e s a le o f t i c k e ts . ( iv ) S e c t i o n 2( h ) of the Pe r f o r m i ng A ni m a ls

( Re g is tr a t io n) R u le s 20 0 1 s p e c i f ie s t h a t th is i n c l ude s

a ni m a ls us e d in f i l m s a n d f o r e q u i ne e ve n ts . S e c t io n 8 of the Act, 2001 im p o s e s r e s tr ic t io ns w h ile

g r a n ti ng r e g is t r a t io n f o r a l l o w ing t o e x h ib i t o r t r a in a ny a n im a l a s a p e r f o r m i ng a nim a l. U nde r th is

c o n di t io n n o . 5 o f S . 8 o f Ac t, 20 0 1 la y s do wn th a t th e o wne r s h a l l e ns ur e th a t a ny a n im a l is n o t inf l ic te d u nne c e s s a r y p a i n o r s u f f e r i ng b e f o r e o r d ur i ng o r a f te r i ts tr a i ni ng o r e x h ib it i o n. C o nd i ti o n N o . 12 la y s t h a t th e o wn e r s h a l l n o t us e a ny t r ip p i ng de v i c e o r w i r e s o r p it f a l ls f o r s u c h a n im a l s . C o n d it io n N o . 25 ( 1) l a y s do wn t h a t N o h o r s e s h a l l b e t ie d u p in s uc h a way th a t h is head a nd ne c k m o ve m e n ts are

u nn a tur a l ly r e s t r ic te d. ( v) S e c t io n 2 6 o f th e Pr e ve n ti o n o f C r ue lty t o A n im a ls A c t, 19 60 p r o vi de s th a t a ny p e r s o n f o un d g ui l ty o f o f f e nc e s w i th r e g a r d to p e r f o r m ing a n im a ls w i l l b e p un is h a b le o n c o n vi c ti o n wi th f ine o r i m p r is o nm e nt o r wi t h b o t h . Th e a ni m a l w il l b e c o nf is c a te d a nd th e p e r s o n w i l l no t b e a ll o we d t o k e e p a n a ni m a l a g a in. ( vi ) S e c t io n 8 o f th e Pr e ve nt io n o f C r ue l ty to D r a u g h t A n d Pa c k An im a l R u le s , 19 65 p r o h ib i ts th e u s e o f s p ik e d b i ts . N o p e r s o n s h a l l f o r t h e p u r p o s e o f d r i v ing o r r i d ing a n a n im a l o r c a us ing i t t o dr a w a ny ve h i c le o r f o r o th e r w is e c o n tr o ll i ng i t, us e a n y s p ik e d s ti c k o r a ny o th e r s h a r p ta c k le o r e q uip m e n t w h ic h c a us e s b r u is e s , s we l l ing s , a b r a s i o ns o r s e ve r e p a in to t h e a n im a l.

( vi i)

T h e Pr e ve n ti o n o f C r ue l ty to An im a ls o n F o o t)

R u le s 20 0 1 p r o v i de s t h a t N o a n im a ls s h a l l b e t ie d b y t h e no s e o r le g, o n ly a r o u nd t h e ne c k . N o wh ip o r s ti c k m a y b e us e d t o h ur r y up th e a n im a ls . O th e r wis e a ny p o l i c e o f f ic e r c a n r e q ui r e t h e o w ne r t o ta k e th e a ni m a ls t o th e ne a r e s t m a g is tr a te i f h e vi o la te s r u le s . The copy of G ui da nc e B o o k le t o b ta i ne d from

I n te r ne t is s ub m i tte d h e r e w it h a n d is m a r k e d a s A n n e x ur e -4 . T h e c o p y o f P r e ve nt i o n o f C r ue l ty to An im a ls A c t, 1 9 60 is s ub m i t te d h e r e wi th a nd m a r k e d a s A n n e x ur e - 5 . A n d t h e c o p y o f t h e D r a f t A ni m a l We l f a r e Ac t , 2 0 1 1 w h ic h w i l l r e p la c e th e Ac t, 1 96 0 is s ub m i t te d h er e wi t h a n d m a r k e d a s A n n e x ur e -6 . F . T h a t th e c o p y o f O n li ne Pe t i t io n/ Re p r e s e nt a t io n t o G o ve r nm e n t o f I n d ia a n d o t h e r Au th o r i tie s f il e d u nde r C h a ng e . O r g we b s i te and th e list of s ig na t o r ie s is

s ub m i t te d h e r ew i th a nd is m a r k e d a s A n n e x ur e - 7 B ) T h e P ot en t i a l t h r eat s : i. That Pain and fear of the bit trigger flight, fight and freeze responses, and loss of control has been documented. Over one hundred problems the bit causes the horse. This list includes pain, bruising, lacerations and fractures to the mouth and jaw, airway obstruction, headshaking, behavioral problems such as rearing, bolting and bucking, and emotional damages including fear and apprehension. ii. That the bit sits in the horses mouth a terribly sensitive area it is difficult for most riders to use it in a way that never inflicts pain to the

horse. Until such a time as an option was available, the bit was an unavoidable necessity, says Dr. Cook. But now that an option is available (in the cross-under bitless bridles or CBBs) it requires the bit to be re-classified in terms of welfare. However, with all new ideas and technology, there is a time lag between the research being done and the moment when that advance becomes accepted. i i i. That the mouthpiece of the bit does not rest on the teeth of the horse, but rather rests on the gums or "bars" of the horse's mouth in an interdental space behind the front incisors and in front of the back molars. When a horse is said to "grab the bit in its teeth" they actually mean that the horse tenses its lips and mouth against the bit to ignore the rider's commands (although some horses may actually learn to get the bit between their molars). iv. T h a t the India bit above is called Thorn bit because of the barbs on the cannons of the mouthpiece and the spike on top of the port. It was said that the severeness of the bit was needed because the average person there in that region was "slight in build" and was physically unable to hold a horse with a mild bit. I guess the concept of teaching a horse to work on a milder bit was not an achievable thought back then. This bit is a very severe bit. Its Fourth Century BC from Greece. This bit has Echinas (barbed mouth piece cannons) and mouthing chains. Most bits at this time were tied on or sewn on the bridle of the horse making each horse to have his own personal bridle. They were not adjustable. The two small holes on the side of the bit cheeks, above and below the mouth piece is where the head stall would be attached (tied on or sewn on) and ,the two hooks going

outward from the cheeks is where the reins would be attached to (also tied on or sewn on). v. T h a t t he horse is having foam on the mouth, pink foam (saliva mixed with blood) due to the mouth cuts inflicted by the bit or even plain blood stains in the corners of the mouth, The horse opens widely his/her mouth when the reins are pulled (to try avoiding the pain), The horse keeps his / her head high while ridden (to try escaping from the bit as it causes pain).

The horse is doing rewaal chal gait (amble) (often rewaal chal is achieved through pain. vi. T h a t d efining abuse in horse training isn't as easy as it might seem. We'd all agree that proper discipline of a horse is OK, while maltreatment is not. But which is which? Swatting a horse that presents his rump to kick is clearly not abuse, while administering a 90-second "horsewhipping" undeniably is. But what about all the gray area in between these extremes? vii. For the purposes of this, we focus on measures that most horsemen can agree are, by definition, abusive-These include:

Hang-tying to break down a horse's resistance and promote a lowered head carriage (by exhausting the neck muscles).

Riding or longing to exhaustion (far beyond the length of time needed to "get the fresh out").

Excessive spurring, especially with so-called "rock grinders" (extremely sharp spurs), causing bleeding and/or "spur dents" (indentations in the cartilage between ribs).

Excessive jerking on the mouth, especially with a severe bit (such as a super-narrow-gauge twisted-wire snaffle), causing injury to the tongue, bars, or lips.

Excessive jerking on the lead shank, especially when a chain is used over the face or in the mouth, causing injury.

Excessive whipping or beating, from the saddle or the ground, causing terror or injury (thrashings that represent an expression of anger and frustration rather than a measured attempt at discipline).

Hitting about the head, especially with a solid weapon. "Bitting around" for excessive periods (where a horse is left to stand for hours with his head tied around to one side, then the other, to enforce flexibility).

Withholding food or water to create submissiveness. (Cutting back on the grain ration of a hot horse is OK; starving a horse into weakness is not.)

That this cruelty may cause in the vanishing of the breed from India because after the horse becomes useless for owner the horse slaughter takes place for serving its meat to dogs which is heights of cruelty of mankind towards horses.

5 . Leg a l F r am ew o rk : A . C o n s t it ut ion a l P r o v is ion s : 51A. The Constitution of India vide Article 51A (g) enshrines and casts upon every citizen of India the duty to have compassion for all living creatures, as a Fundamental Duty. The mute cannot complain and hence the responsibility to ensure compassionate handling of animals is greater. With this in mind, the Animal Welfare Board of India created a comprehensive draft of the Animal Welfare Act, 2011.

5 ) . F in d in g s & S u gg e s t ion s Indian and Pakistani farmers use thorn bits because they want to control and dominate the horses fast, they want immediate results in training, for which they inflict pain, instead of training the horses with patience and rewarding them. They are blind to horses suffering and lack equestrian knowledge. Thorn bits are bits with many thorns or spikes protruding from the part of the bit that goes inside the mouth of a horse. Some thorn bits have very sharp spikes, others round. Some spikes are long, others small. Thorn bits are made of metal and often rust. As thorn bits are a torture instrument injuring the horse and causing him / her pain, the horse becomes scared of humans, is said to be hot-blooded, and when ridden, the horse lifts the head high making it impossible to perform equestrian disciplines like dressage, even when the thorn bit is replaced by a smooth bit. The horse has become useless for higher equestrian activities for life. When the rider pulls the reins, the thorns of the bit cut the horses lips and sometimes his / her tongue, giving great pain and injuring the horse. As the horse lifts the head and neck in pain, he/she hollows the back and lowers the hips, which strains the backbone muscles from neck to tail and the legs causing pain and often joints/muscles issues. our social laws determine the fate of our lives and also influence the well being of horses. Currently, the laws in most advanced countries provide very little protection to horses and when poorly written, they actually contribute to wide spread horse abuse. At one time there were laws, especially in some countries in Europe that protected horses.

6 ) . S O U RC E O F

INF O RM A T IO N : P us h k a r F a ir a t

A j m e r wh e r e th o r n B its a r e s o ld b y tr a de r s a nd a n i n ve s t ig a t io n o f h o r s e o wne r s a t Ra ja s th a n do ne b y N o n G o ve r nm e nt o r g a n iz a t io ns to f i nd o u t wh a t ty p e o f b its t h e h o r s e o wne r s a c tua l ly a nd f r e q ue n t ly us e d. I nte r ne t we b s i te s a n d r e p o r ts f r o m f o r e i g n na ti o ns wh o h a ve a ls o g ive n c e r t a i n i nf o r m a t i o n. ( 7 ) NA T U RE A ND EX T EN T OF I NJ U RY

C A U S ED /A P P R EH END ED Because the horses are afforded no administrative protection under the Animal Welfare Act, so the responsibility of looking out for horses' welfare falls to local animal control officials. But anti-cruelty laws provide few safeguards to horses, and many humane authorities just don't have the resources or the time to monitor and ensure that horses are not being overworked and that operators are following regulations. So when horses grow too old, tired, or ill to continue pulling heavy loads, they aren't retired to green pastures and loving homes, as many people are led to believe. It's cost-prohibitive to maintain a permanent sanctuary for the countless numbers of horses who break down in this industry. Instead, many worn-out horses are slaughtered and turned into food for dogs or for carnivores in zoos, or else they're shipped overseas for human consumption. 7). ANY REPRESENTATION ETC. MADE: Representations were given in different forms. Online Petition and more than 2500 Peoples Signature online : That the petitioners have filed the online letter petition on Change.Org

website and have made HE President of India, HE Vice President of India, New Delhi., Hon'ble Prime Minister of India, Hon'ble Minister of Environment and Forest, The Secretary to the MoEF, Animal Welfare Division, OIPA India, Rajya Sabha Committee on Petitions, Animal Welfare Board of India, The Cabinet Secretary to the Govt. of India, Hon'ble Chief minister of Haryana, Hon'ble Chief Minister of Rajasthan, SP, Ajmer, DGP, Rajasthan, District Collector, Ajmer, Shri Sachin Pilot, and The Chief Secretary to Govt. of Rajasthan as Respondents .The petition has received online thousands of signature from all over the world which shall be produced at the time of arguments. This method has become increasingly popular in bringing the population. Non Governmental Organisations and People have sent the signature to this online petition from all over the world United States, Germany, Turkey, Spain, India, Japan, Belgium, Portugal, Australia, Philippines, Greece, Sweden, Italy, Bulgaria,

France,Greece, Poland, Israel, Costa Riaca, Hungary, Greece,Spain, Isle of Man, France, Iceland, Croatia, Mexico, Denmark,Macedonia, Ukrain, Luxemburg, South Africa, Austria, Amsterdum, Egypt, Sao Paulo,Tehran, Russian Federation, Slovakia, Norway, New Caledonia, Malta, Canada, United Kingdom, Netherland, Algiers, Romania, Sarajevo, , Bosnia and Herzegovina, Serbia, Albania, Slovenia, Ukraine etc.. Copy of Online Petition and the Signature List is s ub m i t te d a n d m a r k e d a s A n n e x ur e -8 .

8 ) .G RO U N D S L I T I GA T I O N : -

FOR

THE

P U B LI C

I N T E RE ST

a) Because, bit is a type of horse tack used in equestrian activities, usually made of metal or a synthetic material, and is placed in the mouth of a horse and assists a rider in communicating with the animal. It rests on the bars of the mouth in an interdental region where there are no teeth. It is held on a horse's head by means of a bridle and has reins attached for use by a rider. b) Because Indian and Pakistani farmers use thorn bits because they want to control and dominate the horses fast, they want immediate results in training, for which they inflict pain, instead of training the horses with patience and rewarding them. They are blind to horses suffering and lack equestrian knowledge . c) Because this Public Interest Litigation prays for Ban of thorn bits, promote and adopt plain bits, to control unnecessary pain and sufferings to horses in India. d) Because Thorn bits are bits with many thorns or spikes protruding from the part of the bit that goes inside the mouth of a horse. Some thorn bits have very sharp spikes, others round. Some spikes are long, others small. Thorn bits are made of metal and often rust. As thorn bits are a torture instrument injuring the horse and causing him / her pain, the horse becomes scared of humans, is said to be hot-blooded, and when ridden, the horse lifts the head high making it impossible to perform equestrian disciplines like dressage, even when the thorn bit is replaced by a smooth bit. The horse has become useless for higher equestrian activities for life. When the rider pulls the reins, the thorns of the bit cut the horses lips and sometimes his / her tongue, giving great pain and injuring the horse. As the horse lifts the head and neck in pain, he/she

hollows the back and lowers the hips, which strains the backbone muscles from neck to tail and the legs causing pain and often joints/muscles issues. e) B e c a us e t h e curb bit is drastically reduced due to the angling between the reins and the horse's jaw. This is not only abusive to the horse, but also dangerous to both the rider and the horse. The horse can see nothing in front of itself, so, unless the horse picks its head up, you can expect to run into a fence, ditch or even better, some nice concrete wall.

( f ) . Be c a us e the horse's jaw is being literally crushed between the bars of the bit and the curb chain, all for Entertainment. One can understand the curb bit for the purpose of battle, but as a sport or entertainment, it is plain absurd. The poor horse will try to open its mouth to reduce the angle of the force,

and so we tie the lower jaw with a noseband to the upper jaw so the animal can't do that, h

( g ) . B e c a us e i t is obvious that the horse world and the interests of most horsemen haves changed immensely in the last hundred years. The practical usage of horses has diminished, as the horse has increasingly become the object of entertainment, predominantly serving to satisfy our vanities. Most so-called horse lovers lack the imagination to find fun things to do with their horses and that without submitting their equine achievements to some sort of competition that is rated by a judge, they would find the horse entirely useless. We as human beings are obsessed with the concept of law to the extent that we even enforce it on the free creature that has served us usefully for over five millennia, i.e. the horse. (h). Because our social laws determine the fate of our lives and also influence the well being of horses. Currently, the laws in most

advanced countries provide very little protection to horses and when poorly written, they actually contribute to wide spread horse abuse. At one time there were laws, especially in some countries in Europe that protected horses. (i). Because Horses are afforded no federal protection under the Animal Welfare Act, so the responsibility of looking out for horses' welfare falls to local animal control officials. But anti-cruelty laws provide few safeguards to horses, and many humane authorities just don't have the resources or the time to monitor horse-drawn carriages in order to ensure that horses are not being overworked and that operators are following regulations. (j). Because when horses grow too old, tired, or ill to continue pulling heavy loads, they aren't retired to green pastures and loving homes, as many people are led to believe. It's cost-prohibitive to maintain a permanent sanctuary for the countless numbers of horses who break down in this industry. Instead, many worn-out horses are slaughtered and turned into food for dogs or for carnivores in zoos, or else they're shipped overseas for human consumption. (k). Because The Prevention of Cruelty to Animals Act,1960 was amended in the year 1982. The government is planning to bring a new legislation with stiffer penalties and punishments to prevent cruelty against animals. The proposed bill is expected to replace the Prevention of Cruelty to Animals Act 1960. Replying to a query in Lok Sabha, environment and forests minister Jairam Ramesh said Prevention of Cruelty to Animals Act, 1960 and Animal Welfare Board of India Act, 1962, were meant to promote animal welfare and for the

purpose of protecting animals from being subjected to unnecessary pain or suffering.The minister said, "We want to come with a comprehensive animal welfare Act with steep penalties. Because, as of today, penalty is laughable. The fine is as low as Rs 50. (l) Because according to the newly amended Indian animal welfare Act,2011 cruelty to animals is an offence and is punishable with a fine which shall not be less than ten thousand Rupees, which may extend to twenty five thousand Rupees or with imprisonment up to two years or both in the case of a first offence. In the case of second or subsequent offence, with a fine which shall not be less than fifty thousand Rupees, but may extend to one lakh Rupees and with imprisonment with a term which shall not be less than one year but may extend to three years. (m). Because cruelty to animals, also called animal abuse or animal neglect, is the human infliction of suffering or harm upon nonhuman animals, for purposes other than self-defense or survival. More narrowly, it can be harm for specific gain, such as killing animals for food or for their fur, although opinions differ with respect to the method of slaughter. It usually encompasses inflicting harm for personal amusement (seezoosadism). (n). Because diverging viewpoints are held by jurisdictions throughout the world. Laws concerning animal cruelty are designed to prevent needless cruelty to animals, rather than killing for other aims such as food, or the concern species not eaten as food in the country involved, such as those regarded as pets.

(o).

Because broadly speaking, there are two approaches to the issue. The animal welfare position holds that there is nothing inherently wrong with using animals for human purposes, such as food, clothing, entertainment, and research, but that it should be done in a humane way that minimizes unnecessary pain and suffering. Animal rights theorists criticize this position, arguing that the words "unnecessary" and "humane" are subject to widely differing interpretations and that the only way to ensure protection for animals is to end their status as property, and to ensure that they are never used as commodities.

(p). Because several animal activists and the Animal Welfare Board of India had written letters to collector and police superintendent to check the practice at the Ajmers Pushkar fair etc, but no measures were taken to stop the use of thorn bits. The petitioners urged the world through online petition to take immediate measures to stop animal stop use of thorn bits . (q)). Because the Indian Constitution, also, under Article 51 A (g) imposes upon every Indian Citizen a fundamental duty to have compassion for all living creatures. But, from subjecting animals to meaningless experiments in cosmetic-testing laboratories to killing one animal in front of the other in an illegal slaughterhouse, from holding cockfights to boiling monitor lizards alive to extract oil from their bodies, mankind does it all and that too shamelessly. It is for us who are aware and informed to keep our comforts aside momentarily and become the voice for these mute, speechless animals as they wage their lonely hopeless battle against the all powerful man.

(r).

Because what makes cruelty to animals morally unpardonable and unacceptable, over and above human cruelty? Humans can still protest against cruelty meted out to them, they have a voice to raise alarm, hands to hit back. The animals sadly dont have those options either, so in effect they are defenseless in the face of the cruelty humans mete out to them, be it for their own pleasure, benefit or to fulfill their sadistic desires!

(s).

Because Bits and the behavior of horses while wearing bits have made their way into popular culture outside of the horse worldTook the bit in his teeth, a phrase that describes a horse that sets its jaw against the bit and cannot be controlled (rarely does the horse actually grab the bit with its molars), is used today to refer to a person who either is taking control of a situation or who is uncontrollable and casts off restraint.

Champing at the bit, also worded chomping at the bit or chafing at the bit, meaning to show impatience or burst with energy, refers to a tendency of some horses, when impatient or nervous, and especially if being held back by their riders, to chew on the bit, often salivating excessively. This behavior is sometimes accompanied by headtossing or pawing at the ground. Because this behavior was most often seen by the general public in horses who were anxious to begin a horse racein the days before the invention of the starting gate, the term has become popular in everyday speech to refer to a person who is anxious to get started or to do something. Because some impatient horses, when held back, would also occasionally rear, a

related phrase, "raring to go," is also derived from observations of equine behavior. ( t) . Be c a us e th e us e of Bit is m a nda t o r y in dr e s s a g e

c o m p e t it i o n , a nd e ve r y r ide r is f a c e d w i th th e c h a l le ng e o f s e le c t ing a n a p p r o p r ia te b i t f o r h is o r h e r h o r s e . B e c a us e th e b it c o n ta c ts s e ns iti ve s tr uc t ur e s w i th i n t h e h o r s e s o r a l c a vi ty , im p r o p e r s e le c t io n, t ti ng , o r us e o f a b i t is lik e ly t o c a us e r e s is ta nc e t o th e a c ti o n o f t h e r e in o r e ve n inj ur y to th e h o r s e s m o u th . Ar e a s w h e r e t h e b i t c r o s s e s a b o ny s ur f a c e , s u c h a s th e h a r d p a la te a nd t h e b a r s o f t h e m o ut h , a r e p a r ti c u la r ly v u lne r a b le to p a i nf u l p r e s s ur e f r o m t h e b i t. ( u) . Be c a us e i n r e c e n t y e a r s , b it s h a ve b e e n de s ig ne d wi th t h e i n te n ti o n o f m a k i ng th e h o r s e m o r e c o m f o r ta b le , r a t h e r th a n a s a m e a ns o f in c r e a s ing th e r ide r s c o n tr o l, w h ic h is c e r ta inl y a p o s it ive s te p . (v). Because there are certain fundamentals to be followed for caring the horse by his owner. (i).Good well-fitted leather saddlery is expensive, but if it is regularly used, cleaned and oiled it will last a long time. It must be inspected often for defects and any roughness should be remedied promptly. Good quality equipment is a wise

investment.(ii).The saddle should not press on the horses withers as saddle sores may result. The saddle cloth needs regular washing to keep it free of dried sweat. Make sure it lies flat over the horses ribs without creases, and lift it at the back and front into the channel of the saddle to allow airflow along the horses spine. Keep the girth

strap soft and free of dried sweat; tighten it gently until it is firm, not pinching the horse, and safe for the rider.(iii). When fitting the bridle, make sure the bit is in just tight enough to cause a slight dent in each side of the mouth. The throat lash should be adjusted to allow absolute freedom to breathe; two fingers width is usually enough. (iv).Rugs should fit well, be warm and waterproof; repair and rewaterproof immediately after each winter.

( w) . Be c a us e th e o t h e r g r o u nds w o ul d b e ur g e d a t t h e tim e o f a r g um e n ts . 10. T h a t t h e p e t it io ne r s do n o t h a ve a ny a l te r n a te o r e qu a l ly e f f i c a c i o us r e m e dy s a ve and e x c ep t th is

p r e s e nt wr it p e ti t i o n. 1 1. T h e p e t i t io ne r s s ub m i t t h a t th e y h a ve no t f il e d a ny o t h e r w r i t p e t i ti o n b e f o r e t h is H o n b le C o ur t o r i n th e

H o n b le S up r e m e C o u r t o f I nd ia to uc h ing t h e s ub je c t m a t te r o f t h is p e ti t io n. 1 2. T h e p e t i ti o ne r s w i l l r e ly o n t h e do c u m e n ts , a l is t w h e r e o f is h e r e t o a nne x e d. 9. D E LA Y , IF A NY , I N F I LI NG T H E P ET IT IO N A ND EX P LA NA T IO N T H ER EF O R : N o de la y . 10 . P RA Y ER I N T E R ES T : Th a t th e p e ti t io ne r t h e r e f o r e , p r a y s th a t a) T h is H o n b le C o u r t m a y b e p le a s e d t o a dm i t a nd a l lo w t h is p e t it io n. b) T h is H o n b le C o u r t m a y b e p le a s e d t o is s ue a n a p p r o p r i a te wr i t, o r de r o f d ir e c t i o n, d ir e c t ing th e r e s p o n de n ts to t a k e a p p r o p r i a t e a c ti o n f o r banning the thorn bits, declaring their use as illegal and replacing it with plain bits. Pushkar fair Administration may kindly be directed to give attention, local Police be directed to lodge FIR against all thorn bits traders during the fair, in routine as well. Animal Welfare Board of India may kindly be directed to issue strict instructions to the Chief Secretary to the Govt. of Rajasthan, to ensure the production and trading to be ban in Rajasthan, especially during Pushkar fair. Also direct State Authorities to ban thorn bits, promote and adopt plain bits, to control unnecessary pain and sufferings to horses in India. FOR THE RE LI EF IN THE P U B LI C

c)

T h is

H o n b le

Court

may

be

p le a s e d

to

is s ue

a p p r o p r i a te w r i t, o r de r o r dir e c t i o ns h o ld ing th e r e s p o n de n ts unde r Constitution of India vide Article 51A (g) to have compassion for all living creatures, as a Fundamental Duty. The mute cannot complain and hence the responsibility to ensure compassionate handling of animals is greater. With this in mind, the Animal Welfare Board of India created a comprehensive draft of the Animal Welfare Act, 2011 .The proceeding for ordinance may please be directed to be expedited for promulgated and the Draft Act 2011 may immediately be directed to be brought into force to stop animal cruelty. d) Following the Rajasthan High Court ruling in the Elephant case in D.B W.P.No.(PIL)8987/2006 in Naresh Kadyan vs. State, directions may please be given to State Government to frame guidelines as shown in Annexure 2 at page e) . T h is H o n b le C o ur t m a y b e p le a s e d p a s s a ny o th e r a p p r o p r i a te wr i t, o r de r o r d ir e c t i o n i n t h e L a r g e r P ub l ic I n te r e s t a nd in th e I nte r e s t o f t h e p o o r a n d ne e df u l. 4 . I NT ER IM O RD E R , IF P RA Y ED F O R : I t is p r a y e d t h a t Ho n b le C o ur t m a y b e p le a s e d t o Ban thorn bits, promote and adopt plain bits, to control unnecessary pain and sufferings to horses in Rajasthan and pass ordinance of the Animal Welfare Act, 2011. C A V EA T : N o no t ic e o f c a ve a t h a s b e e n r e c e i ve d. D AT ED : H um b le Pe t i ti o ne r s . Th r o ug h t h e i r c o u ns e l ( Ne e r j a K h a nn a )

N O T ES : 1 . T h a t t h is is a D . B. C iv i l W r i t Pe t i t io n ( P ub l ic I n te r e s t L it ig a t io n) . 2. That PF a nd n o t ic e s shall be s ub m i tte d w i t h in

p r e s c r ib e d t im e . 3 . T h a t d ue to n o n - a v a i la b i l ity o f p ie - p a p e r s , th is wr it p e t it io n h a s b e en ty p e d o n t h e se s t o u t p a p e r s . 4 . T h a t t h is P ub lic i n te r e s t w r i t p e t it io n h a s b e e n ty p e d b y m y p r i va te S t e n o . H um b le Pe t i ti o ne r s T h r o ug h t h e ir c o uns e l

( Ne e r j a K h a nn a ) A dv o c a te

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR D.B.C.W. Public Interest Litigation No. 20513 / 2013. P ET IT IO N ER S : Human Settlement Technology Centre & O r g a n iz a t io n f o r An im a l Pr o te c t i o n V E RS U S R ES P O ND ENT S : State of Rajasthan and ors. A F F ID A V IT IN S U P P O RT O F W R IT P E T IT I O N . I , Geetesh Khanna s/o late Shri K.K.Khanna, Age 29 years, Jaipur, Office-21, Sethi Colony, C Block, Agra Road, ward No.32, Jaipur, do h e r e b y t a k e o a t h in t h e na m e o f G o d a n d s ta te a s un de r : 1 . T h a t I a m th e D is t r i c t Pr e s ide n t o f th e p e ti t io ne r n o - 1 s o c ie ty wh o is a u th o r i z e d t o f i le t h is w r it p e t it io n o n t h e b e h a l f o f t h e p e t i t io ne r no - 1 in t h is c a s e a nd a m we ll a w a r e w it h t h e f a c ts o f t h is c a s e . 2 . T h a t t h e a nne x e d P ub li c in te r e s t w r i t p e t i t io n h a s b e e n d r a f te d b y c o u ns e l a s p e r m y i ns tr uc t io ns . 3. That the a ve r m e nts c o n ta ine d in the a nne x e d

P ub l ic in te r e s t w r it p e t i ti o n r e g a r d ing f a c t s a r e t r ue a nd correct to my p e r s o na l k n o wle dg e .

W h e r e a s th e le g a l s ub m is s io ns m a de th e r e in a r e b e lie ve d t o b e tr ue .

D E P O N EN T

V E RIF IC A T IO N

I , t h e a b o v e na m e d de p o ne n t d o h e r e b y ve r if y o n o a t h t h a t th e c o n te n ts o f m y a b o ve a f f i da v i t a r e tr ue a nd c o r r e c t to m y k n o w le dg e a nd n o t h ing h a s b e e n c o n c e a le d th e r e i n a nd no p a r t o f it is f a ls e . S o h e lp m e G o d.

DEPONENT

IN

THE

HIGH

COURT

OF

JUDICATURE

FOR

RAJASTHAN AT JAIPUR BENCH, JAIPUR D.B.C.W. Public Interest Litigation No. 20513 / 2013.

P ET IT IO N ER S :

Human Settlement Technology Centre &

O r g a n iz a t io n f o r An im a l Pr o te c t i o n V E RS U S R ES P O ND ENT S : State of Rajasthan and ors. ... A F F ID A V IT IN S U P P O RT O F D O C U M E NT S . ... I , Geetesh Khanna s/o late Shri K.K.Khanna, Age 29 years, Jaipur, Office-21, Sethi Colony, C Block, Agra Road, ward No.32, Jaipur d o h e r e b y t a k e o a th in th e n a m e o f G o d a nd s ta te a s u nde r : 1 . T h a t I a m th e D is t r i c t Pr e s ide n t o f th e p e ti t io ne r n o - 1 S o c ie ty wh o is a u th o r i z e d to f i le th is Pub l ic i n te r e s t w r i t p e t i t io n o n th e b e h a lf o f th e p e t i ti o ne r n o - 2 i n t h is c a s e a n d a m we ll a wa r e wi t h t h e f a c ts o f t h is c a s e . 2 . T h a t A nne x . 1 & 2 a r e do c um e n ts o f p e t i t io ne r s & A n ne x ur e 3 to 8 a nne x e d wi t h t h e P ub l i c i n te r e s t w r it p e ti t io n a r e i nte r ne t c o p ie s . D EP O N EN T

V E RIF IC A T IO N I , t h e a b o ve n a m e d de p o ne n t d o h e r e b y ve r if y o n o a t h t h a t th e c o n te n ts o f m y a b o ve a f f i da v i t a r e tr ue a nd c o r r e c t to m y k n o w le dg e a nd n o t h ing h a s b e e n c o n c e a le d th e r e i n a nd no p a r t o f it is f a ls e . S o h e lp m e G o d.

D EP O N EN T

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT, JAIPUR BENCH, JAIPUR D.B.C.W. Public Interest Litigation No. 20513 / 2013 . P ET IT IO N ER S : Human Settlement Technology Centre & O r g a n iz a t io n f o r An im a l Pr o te c t i o n V E RS U S R ES P O ND ENT S : State of Rajasthan and ors. I N D E X ------------------------------------------------------------S .N O . P A RT IC U LA RS PAGE NO

------------------------------------------------------------1 . C o p y o f wr it p e ti t i o n 2. 3. A f f i da vi t i n s up p o r t o f w r i t p e tit i o n ( PI L ) D O C U M E NT S O F T H E P E T IT IO N E RS :
42-45 46-71 72-77 78-106 107-123 124-150A 151-156 157-187

1-39 40-41

Ann.1.Internet copy of documents of petitioner 1 Ann.2.Copy of documents of petitioner no.2 Ann.3.Internet copy of photographs of thorn bits Ann.4.Internet copy of Guide Book of Animal Laws

Ann.5. Internet copy of Act 1960 Ann.6.Net copy of Draft Act 2011 & Reply of Govt. Ann.7.Online letter petition to Government Ann. 8.Net copy of letter petition & signatories list

4 . A f f i da v i t in s up p o r t o f do c um e nts

1 8 8 - 18 9

------------------------------------------------------------( Ne e r j a K h a nn a ) C oun s e l f o r p e t it i on e r s

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR D.B.C.W. Public Interest Litigation No. 20513 / 2013. P ET IT IO N ER S : Human Settlement Technology Centre & O r g a n iz a t io n f o r An im a l Pr o te c t i o n V E RS U S R ES P O ND ENT S : State of Rajasthan and ors. S Y NO P S IS 1 . I n r e c e n t y e a r s , b i ts h a ve b e e n de s ig ne d w it h t h e in te n t io n o f m a k ing th e h o r s e m o r e c o m f o r ta b le , r a t h e r th a n a s a m e a ns o f inc r e a s ing t h e r i de r s c o n tr o l, wh ic h i s c e r ta in ly a p o s i t ive s te p . 2 . t h e us e o f B i t i s m a nda t o r y in dr e s s a g e c o m p e t it io n , a n d e ve r y r ide r is f a c e d w it h th e c h a l le ng e o f s e le c t ing a n a p p r o p r i a te b it f o r h is o r h e r h o r s e . 3 . T h e b it c o n ta c ts s e ns i ti ve s tr uc t ur e s wi t h i n th e h o r s e s o r a l c a v i ty , i m p r o p e r s e le c t io n, f i t ti ng , o r us e o f a b i t is l ik e ly t o c a us e r e s is t a n c e to t h e a c t io n o f t h e r e in o r e ve n in jur y t o th e h o r s e s m o u th . Ar e a s w h e r e th e b i t c r o s s e s a b o ny s ur f a c e , s uc h a s t h e h a r d p a la te a nd t h e b a r s o f th e m o uth , a r e p a r ti c u l a r ly v u lne r a b le to p a in f u l p r e s s ur e f r o m th e b i t. 4. India and Pakistan still use thorn bits because they want to control and dominate the horses fast, they want immediate results in training, for which they inflict pain, instead of training the horses with patience and rewarding them. They are blind to horses suffering and lack equestrian knowledge.

5. IMAGES OF BITS AND WHERE THEY ARE WORN ARE AS GIVEN HEREUNDER:-

6. Thorn bits are bits with many thorns or spikes protruding from the part of the bit that goes inside the mouth of a horse. Some thorn bits have very sharp spikes, others round. Some spikes are long, others small. Thorn bits are made of metal and often rust. As thorn bits are a torture instrument injuring the horse and causing him / her pain, the horse becomes scared of humans. 7. When the rider pulls the reins, the thorns of the bit cut the horses lips and sometimes his / her tongue, giving great pain and injuring the horse. As the horse lifts the head and neck in pain, he/she hollows the back and lowers the hips, which strains the backbone muscles from neck to tail and legs causing pain and often joints/muscles issues. The horse's jaw is literally crushed between the bars of the bit and the curb chain. 8. Worn-out horses are then slaughtered and turned into food for dogs or for carnivores in zoos, or else they're shipped overseas for human consumption. 9. Anti-cruelty laws provide few safeguards to horses, and many humane authorities just don't have the resources or the time to monitor horsedrawn carriages in order to ensure that horses are not being overworked and that operators are following regulations. 10. The Prevention of Cruelty to Animals Act, 1960 was amended in the year 1982. The government has planned but delaying to bring a new legislation with stiffer penalties and punishments to prevent cruelty against animals. The proposed bill is expected to replace the Prevention of Cruelty to Animals Act 1960 according to the newly amended Indian animal welfare Act, 2011 cruelty to animals is an offence and is punishable with a fine which shall not be less than ten thousand Rupees, which may extend to twenty five thousand Rupees or with imprisonment

up to two years or both in the case of a first offence. In the case of second or subsequent offence, with a fine which shall not be less than fifty thousand Rupees, but may extend to one lakh Rupees and with imprisonment with a term which shall not be less than one year but may extend to three years. 1 1 . He nc e t h is wr it p e t i ti o n is f i le d w i th p r a y e r b e f o r e th is H o n b le C o ur t to direct State Authorities to ban thorn bits, promote and adopt plain bits, to control unnecessary pain and sufferings to horses in India. The ordinance of Indian animal welfare Act, 2011 which is being delayed by may also please be directed to be promulgated and the Draft Act 2011 may immediately be directed to be brought into force to stop animal cruelty.

( Ne e r j a K h a nn a ) C O U N S E L F O R T H E P ET IT IO NE RS