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Before the Court of Honble all Sub Division Magistrates.

Petitioner move this application under Central Government Act: Section 133 in The Code
of Criminal Procedure, 1973; Conditional order for removal of public nuisance, due to
illegal and unlawful meat shop cum slaughter houses, stray cattles, dogs and monkeys /
Misuse of Oxytocin and polythene along with stubble burning and right to water and
sanitation, whereas animal are being shifted in non ISI goods transport vehicles and strict
compliance of Intensive National Cleanliness Campaign because all field functionaries in
Haryana, are not performing their official duties and whole Universe going to celebrate
International Day for Non Violence, on the eve of Gandhi jayanti, whereas unlawful
slaughter houses are functioning, animals are abused during cruel transportation and man
animal conflict increasing day by day.
Naresh Kadyan s/o Ch. O. P. Kadyan, Representative of the United Nation affiliated
International Organisation for Animal Protection: OIPA www.oipa.org in India,
Chairman, People for Animals (PFA) Haryana, C-38, Rose Apartment, Prashant Vihar,
sector-14, Rohini, Delhi / Master Trainer, AWBI / Volunteer of WCCB / Convener, Animal
Welfare Party.
Versus
EOs and Secretaries, Municipal Council / Committees.
All BDOs through District Development and Panchyat Officer.
All SHOs.
Regional Officer, Haryana Pollution Control Board.
Deputy Labour Commissioner / Labour Officer.
Civil Surgeon / Food Safety Officer.
Haryana Gau Seva Ayog and State Animal Welfare Board through Deputy
Director, Animal Husbandry cum Secretary, SPCAs.
8. RTAs.
1.
2.
3.
4.
5.
6.
7.

Respectfully showth:
Kindly refer to the orders passed by the Supreme Court of India, in CWP No. 309 of 2003,
19th Livestock Census, 2012, some Paras of Supreme Court order dated 7.5.2014 in SLP
(C) No.11686 of 2007, WP (c) No. 3791 of 2000 decided on May 31, 2007 by the Delhi High
Court and orders passed by the Allahabad High Court about stray animals. Whereas para
8 of the orders passed by the Delhi High Court in CWP No. 3791 of 2000, which is
reproduced as below:

Prosecutions should be launched under Section 98 of the Delhi Police Act, 1978 and
Section 289 of the Indian Penal Code, 1860 against the owners of any cattle and bovine
animals which are found on the streets and roads
Likewise para 40 of the orders passed by the Allahabad High Court on dated December 4,
2015, which is also reproduced as below:
Cattle owners cannot be seen withholding their hands, to leave the cattle on road
surviving on water of drains / sewer and garbage which is definitely a cruelty. As such,
owners of such animals should be prosecuted under the provisions of the Prevention of
Cruelty to Animals Act, 1960, Police Act and Sections 289, 428, 429 I.P.C. as well. This will
deter cattle owner from frequently leaving animals free on roads, putting their as well as
citizens' life in danger
1. Complainant had been a non official Member of the State Committee for Slaughter
Houses (Govt. of Haryana) and this Committee was fully Authorized, to get
information from the District Committee for Slaughter House, headed by the
Deputy Commissioner, conduct Inspection and to crack down the unlawful
slaughter houses, with the help of local Enforcement Agencies, where 10 or more
animals and birds are being slaughtered, like wise similar power and Authorities
have by the District Magistrate.
2. Central Government Act: Section 133 in The Code Of Criminal Procedure, 1973;
133. Conditional order for removal of nuisance (1) Whenever a District Magistrate or a Sub- divisional Magistrate or any other
Executive Magistrate specially empowered in this of behalf by the State
Government, on receiving the report of a police officer or other information and on
taking such evidence (if any) as he thinks fit, considers(a) that any unlawful obstruction or nuisance should be removed from any public
place or from any way, river or channel which is or may be lawfully used by the
public; or
(b) that the conduct of any trade or occupation, or the keeping of any goods or
merchandise, is injurious to the health or physical comfort of the community, and
that in consequence such trade or occupation should be prohibited or regulated or
such goods or merchandise should be removed or the keeping thereof regulated; or
(c) that the construction of any building, or, the disposal of any substance, as is
likely to occasion configuration or explosion, should be prevented or stopped; or
(d) that any building, tent or structure, or any tree is in such a condition that it is
likely to fall and thereby cause injury to persons living or carrying on business in
the neighborhood or passing by, and that in consequence the removal, repair or
support of such building, tent or structure, or the removal or support of such tree, is
necessary; or

(e) that any tank, well or excavation adjacent to any such way or public place should
be fenced in such manner as to prevent danger arising to the public; or
(f) that any dangerous animal should be destroyed, confined or otherwise disposed
of, such Magistrate may make a conditional order requiring the person causing such
obstruction or nuisance, or carrying on such trade or occupation, or keeping any
such goods or merchandise, or owning, possessing or controlling such building, tent,
structure, substance, tank, well or excavation, or owning or possessing such animal
or tree, within a time to be fixed in the order(i) to remove such obstruction or nuisance; or
(ii) to desist from carrying on, or to remove or regulate in such manner as may be
directed, such trade or occupation, or to remove such goods or merchandise, or to
regulate the keeping thereof in such manner as may be directed; or
(iii) to prevent or stop the construction of such building, or to alter the disposal of
such substance; or
(iv) to remove, repair or support such building, tent or structure, or to remove or
support such trees; or
(v) to fence such tank, well or excavation; or
(vi) to destroy, confine or dispose of such dangerous animal in the manner provided
in the said order; or, if he objects so to do, to appear before himself or some other
Executive Magistrate subordinate to him at a time and place to be fixed by the
Order, and show cause, in the manner hereinafter provided, why the order should
not be made absolute.
(2) No order duly made by a Magistrate under this section shall be called in question
in any Civil Court. Explanation- a public place includes also property belonging
to the State, camping grounds and grounds left unoccupied for sanitary or
recreative purposes.
3. In your jurisdiction, neither have legal slaughter house, functional Infirmaries and
effective Society for Prevention of Cruelty to Animals SPCA.
4. The Prevention of Cruelty to Animals Act, 1960 read with the rules made out as per
section 38 of the said legislation, being ignored by the respondents;
A. Establishment of SPCA Rules, 2001.
B. Slaughter House Rules, 2001.
C. Cattle Transport Rules, 1978 amended in 2001 and 2009.
D. The Animal Birth Control (Dogs) Rules, 2001.
E. The Prevention of Cruelty to Animals (Registration of Cattle Premises) Rules, 1978.

F. The Prevention of Cruelty to Drought and Pack Animals Rules, 1965 amended 1968.
G. The Prevention of Cruelty to Animals (Transport of Animals on Foot) Rules, 2001.
H. The Performing Animals (Registration) Rules, 2001.
I. Central Motor Vehicle (Eleventh Amendment) Rules, 2015 read with the 13th
Amendment.
5. Haryana Motor Vehicle Rules. It would also be pertinent to mention here that the Govt.
of India, Ministry of Road Transport and Highways amended its Motor Vehicle Act and
animals and birds can be shifted as per their shape and size, in ISI specified vehicles.
6. FSSAI and APEDA also issued guidelines about functioning of slaughter houses and
shifting of animals and birds.
7. Haryana Panchyati Raj Act.
8. Haryana Municipal Corporation Act.
9. Provisions of Environment Protection Act, 1986.
10. Solid Wastes (Management and Handling) Rules, 2000.
12. Strict compliance of orders passed by the court of law.
13. Haryana Cattle Fair Act.
PRAYERS:
1. Issue directions, to identify the unlawful meat shops cum slaughter houses, in rural
and urban areas of the District and then crack down the same, as per orders passed
by the Honble Supreme Court of India, as per time frame policy.
2. Issue directions, for strict compliance of all legislations concerned about animal
welfare, during their shifting in non ISI specified goods transport vehicles.
3. Issue directions, for proper functioning of Infirmaries and SPCAs.
4. Issue directions, to issue licenses, to all eligible persons, applied to trade meat, as per
set procedures, rules and regulations enforced, meat shops / slaughter house may be
shut down on the eve of International Day for Non-Violence.
5. Issue directions, to upgrade existing Slaughter House and make it functional, as per
set procedure, rules and regulations enforced, keeping in view of the census of
surplus live stock on the basis of demand of meat consumption.
6. Issue directions to handle stray cattle, dogs and man animal conflict.
7. Issue directions, to look after the census of animals, for further protection and
prohibition of the slaughter, keeping in view the census of animals, productive

animals and birds should not offered to slaughter, pre-mortem and post-mortem be
mandatory before slaughtering, ban the supply of unhygienic meat for human
consumption, Introduce strong legislations for animals welfare.
8. Issue directions, to identify Child labour, rescue them for further rehabilitation.
9. Issue directions, to develop the mechanism of demand and supply of meat and
chicken, within the jurisdiction of each Districts, because concerned Authorities
should know the actual demand of meat consumption in the area.
10. All encroachments with unlawful slaughter houses / meat shops needs to be crack
down without any further delay, appointing Duty Magistrates.
11. Intensive National Cleanliness Campaign be given top priority with International
Day for Non-Violence, mobilizing NGO, NSS, Eco / Rotary clubs and Nehru Yuva
Kendras etc, including Panchyati Raaj with Local Bodies Institutions.
12. Poultry birds does not have any rules and regulations for their slaughtering, as it
cannot covered under the definition of cattle, whereas animals and birds cant
treated as goods being living creatures, who have feelings and they can travel as per
their shape and size instead by weight, bye laws be prepared for poultry birds.
13. Training workshops on animal rights and their welfare needs to be arranged
regularly, as per decision of the State Committee for Slaughter houses, for Civil /
Police and Judicial Officers.
14. Article 51 A (g) of Indian Constitution also needs immediate attention; to protect
and improve the natural environment including forests, lakes, rivers and wild life,
and to have compassion for living creatures.
15. Animal birth Control for stray dogs also be implemented along with the rescue of
stray cattles from the road and streets, as public nuisance and similar action
required for monkeys as well for further rehabilitation in their natural habitat,
after identification of family adopting scientific methods of capturing.
16. All unlawful dairies also need attention and dislocation from present place to
outside the locality, as per rules and regulations framed by the Government.
17. Ban the presence of Elephant being wild animal along with the Combine Machine,
responsible for stubble burning, under your jurisdiction.
18. Performances of monkeys are prohibited by the Government, abused dancing
monkey needs immediate rescue for further rehabilitation.
19. Camels are being badly abused by the Circuses, hence permission for performance
with camels may not be granted; introduce camel transportation rules and
regulations.
20. Progress and achievements needs to be reviewed at the level of monthly meetings of
the District Administration all around in Haryana, sub division level as well.
21. Proper coordination amongst all field functionaries also needs to be improved and
need to regulate pet shops and dogs with aquarium fish breeding, whereas Law
Commission of India endorsed vide their report No. 261.

22. Control misuse of oxytocin injections for lactation, unlawful production / trading /
possession along with similar action on polythene as well.
23. Man animal conflict increases day by day, stray cattle, dogs and monkeys creating
public nuisance all around, whereas National Rabies scheme introduced, state
committee already formed in Haryana along with budget allocation for animal birth
control and proper functioning of SPCA, likewise MoU was signed between CZA,
WII with University of California, Davis for research on various aspect related to
rhesus macaque.
24. National policy for stray cattles also needs attention, which can be introduced.
25. The cow is a symbol of the Earth, the nourisher, the ever-giving, undemanding
provider. The cow represents life and the sustenance of life. Just as a liberated soul
gives freely of his spiritual knowledge, so too does this gentle and generous animal
who takes nothing more than water, grass and grain, and gives unstintingly all
through her life. The cow is vital to life and sustenance. She is a symbol of grace and
abundance, and embodies the virtues of gentle selflessness. The cow is a uniquely
Indian symbol, revered and protected down the ages by Hindu and Mughal rulers
alike. She became a point of honour during Indias freedom struggle and her
protection was unanimously included in the Indian Constitution by our Founding
Fathers, like wise Cow progeny may kindly be declare as state animal of Haryana.
26. Replace toothless Prevention of Cruelty to Animals Act, 1960 with the draft of
Animal Welfare Act, under consideration with the Govt. of India, being animal as
state subject.
27. All living creatures except human beings are covered under the definition of the
Animals, as per the Prevention of Cruelty to Animals Act, 1960.
28. Article 51 A (g) of Indian Constitution defined the fundamental duties of every
citizen of India, to be humane towards animals etc.
29. As per section 3 read with section 11 of the Prevention of Cruelty to Animals Act,
1960, responsibilities of the custodians of animals are defined, whereas Supreme
Court of India upheld five freedoms for animals, described as below:
Freedom from hunger, thirst and malnutrition; ii) Freedom from fear and
distress; iii) Freedom from physical and thermal discomfort; iv) Freedom
from pain, injury and disease.v) Freedom to express normal patterns of
behaviour.
30. As per 19th Livestock Census, 2012 of India, in Haryana 117209 stray cattles are in
Rural and Urban areas are reported, likewise 422474 stray dogs in Rural area and
Urban areas are reported, whereas both species are reported as Livestock by the
Govt. of India, which is not justified because dogs cant be treated as livestock in
legal sense.
31. Environment Ministry bans multidose vial of Diclofenac to save vultures:
Keeping in view the severity of the situation and the need to conserve and protect
vultures from extinction, the Ministry of Environment, Forest and Climate Change

has requested the Ministry of Health and Family Welfare to restrict the pack of
Diclofenac for human use in single dose only. Earlier, the Ministry of Environment,
Forest and Climate Change, in consultation with the Ministry of Health and Family
Welfare, published a Gazette notification no G.S.R 558 (E) dated 17th July, 2015,
regarding the restriction on packaging of multi-dose vial of Diclofenac to single dose
for human use. Even after banning the use of Diclofenac for veterinary use, the
multi-dose vials available in the market for human use were widely misused for
veterinary purpose. This, in turn, has a severe impact on the population of vultures.
The commonly-used anti-inflammatory drug for cattle is considered the chief cause
for the steep decline in the number of vultures in recent years. The drug is harmless
to the cattle it is administered to, but is fatal for the vultures, who routinely feed on
the carcass of dead cattle. Studies have shown that the drug causes kidney and liver
failure in vultures.
Earlier, in 2006, the Government of India had imposed a ban on the use of
Diclofenac for treating cattle.
32. In a bid to control illegal slaughter of animals on Eid ul-Zuha or Bakrid, the
environment ministry has asked all state governments to ensure that no illegal
killing of animals, including cows, takes place, and that animals are not subjected to
cruelty during transportation. It is a fact that large numbers of animals are
slaughtered during Bakrid festival. Kindly note that as per Rule 3 of the Prevention
of Cruelty to Animals Rules, 2001, no person shall slaughter any animal within a
municipal area except in a slaughter house recognized or licensed by the authority
concerned, read a letter sent by the Animal Welfare Board of India (AWBI) to all
states ahead of Bakrid, no animal which is pregnant, has an offspring less than
three months old or is under three months of age and has not been certified by a
veterinary doctor to be in a fit condition to be slaughtered shall be slaughtered, the
letter said. Bakrid is one of the major festivals of Muslims, during which animals
are sacrificed. AWBI, which is under the environment ministrys control, also asked
states to ensure that animals are not subjected to any cruelty during transportation.
It is reported that during the transportation of animals, the owners of the animals
do not follow the animal welfare laws and Transport of Animal Rules, which
prescribe the number of animals which can be transported in a vehicle, resulting in
cruelty to animals. It is noticed that the animals suffer and are subjected to various
cruelties and some of the animals even die during transportation, the letter said.
The AWBI directive clarified that camels cannot be slaughtered. Camels cannot
be slaughtered for food at all. Also wherever the cow slaughter prohibition act is in
force, slaughtering of cows should not be allowed at all, the letter said. The animal
welfare board, a statutory advisory body on animal welfare laws, urged states to
strictly enforce animal welfare legislation. Quoting several Supreme Court
judgments relating to animal welfare, AWBI asked states to direct all the
authorities concerned to take all precautionary measures to strictly implement the
animal welfare laws to stop illegal killing of animals and to take stringent action
against the offenders It asked states to inform it of action taken on the directive,
hence it is prayed that what action you have taken, to comply with the said
instructions.

33. Stubble burning needs immediate attention, prohibiting Combine Machine Interstate movement.
34. Right to water and sanitation: On 28 July 2010, through Resolution 64/292, the
United Nations General Assembly explicitly recognized the human right to water
and sanitation and acknowledged that clean drinking water and sanitation are
essential to the realisation of all human rights. The Resolution calls upon States and
international organisations to provide financial resources, help capacity-building
and technology transfer to help countries, in particular developing countries, to
provide safe, clean, accessible and affordable drinking water and sanitation for all.
In November 2002, the Committee on Economic, Social and Cultural Rights
adopted General Comment No. 15 on the right to water. Article I.1 states that "The
human right to water is indispensable for leading a life in human dignity. It is a
prerequisite for the realization of other human rights". Comment No. 15 also
defined the right to water as the right of everyone to sufficient, safe, acceptable and
physically accessible and affordable water for personal and domestic uses.
35. IPC 268: Public nuisance.A person is guilty of a public nuisance who does any act
or is guilty of an illegal omission which causes any common injury, danger or
annoyance to the public or to the people in general who dwell or occupy property in
the vicinity, or which must necessarily cause injury, obstruction, danger or
annoyance to persons who may have occasion to use any public right. A common
nuisance is not excused on the ground that it causes some convenience or advantage.
36. Resolution adopted by the General Assembly on 15 June 2007 of the United Nation
[without reference to a Main Committee (A/61/L.62 and Add.1)]
61/271. International Day of Non-Violence
The General Assembly,
Reaffirming the Charter of the United Nations, including
the principles and purposes contained therein,
Recalling its resolutions 53/243 A and B of 13 September
1999, containing the Declaration on a Culture of Peace and
the Programme of Action on a Culture of Peace, 55/282 of
7 September 2001 on the International Day of Peace and 61/45
of 4 December 2006 on the International Decade for a Culture
of Peace and Non-Violence for the Children of the World,
20012010, as well as other relevant resolutions,
Bearing in mind that non-violence, tolerance, full respect
for all human rights and fundamental freedoms for all,
democracy, development, mutual understanding and respect
for diversity are interlinked and mutually reinforcing,
Reaffirming the universal relevance of the principle of
non-violence, and desiring to secure a culture of peace,
tolerance, understanding and non-violence,
1. Decides, with effect from the sixty-second session of
the General Assembly and guided by the Charter of the

United Nations, to observe the International Day of NonViolence on 2 October each year, with the International Day
being brought to the attention of all people for its celebration
and observance on this date;
2. Invites all Member States, organizations of the United
Nations system, regional and non-governmental organizations
and individuals to commemorate the International Day of
Non-Violence in an appropriate manner and to disseminate
the message of non-violence, including through education and
public awareness;
3. Requests the Secretary-General to recommend ways
and means by which the United Nations system and the
United Nations Secretariat could, within existing resources,
assist Member States, upon request, in organizing activities to
commemorate the International Day of Non-Violence;
4. Also requests the Secretary-General to take necessary
measures, within existing resources, for the observance by the
United Nations of the International Day of Non-Violence;
5. Further requests the Secretary-General to keep the
General Assembly informed at its sixty-third session of the
implementation of the present resolution, within the United
Nations system, as regards the observance of the International
Day of Non-Violence.
103rd plenary meeting
15 June 2007
Extracts of some Paras of Supreme Court order dated 7.5.2014 in SLP (C) No.11686 of
2007
Para 77: We, therefore, hold that AWBI is right in its stand that Jallikattu, Bullock-cart
Race and such events per se violate Sections 3, 11(1)(a) and 11(1)(m)(ii) of PCA Act
and hence we uphold the notification dated 11.7.2011 issued by the Central
Government, consequently, Bulls cannot be used as performing animals, either for the
Jallikattu events or Bullock-cart Races in the State of Tamil Nadu, Maharashtra or
elsewhere in the country. We, therefore, make the following declarations and
directions:

(1) We declare that the rights guaranteed to the Bulls under Sections 3 and 11 of PCA
Act read with Articles 51A(g) & (h) are cannot be taken away or curtailed, except
under Sections 11(3) and 28 of PCA Act.
(2) We declare that the five freedoms, referred to earlier be read into Sections 3 and 11
of PCA Act, be protected and safeguarded by the States, Central Government, Union
Territories (in short Governments), MoEF and AWBI.
(3) AWBI and Governments are directed to take appropriate steps to see that the
persons-in-charge or care of animals, take reasonable measures to ensure the wellbeing of animals.
(4) AWBI and Governments are directed to take steps to prevent the infliction of
unnecessary pain or suffering on the animals, since their rights have been statutorily
protected under Sections 3 and 11 of PCA Act.
(5) AWBI is also directed to ensure that the provisions of Section 11(1)(m)(ii)
scrupulously followed, meaning thereby, that the person-in-charge or care of the
animal shall not incite any animal to fight against a human being or another animal.
(6) AWBI and the Governments would also see that even in cases where Section 11(3)
is involved, the animals be not put to unnecessary pain and suffering and adequate
and scientific methods be adopted to achieve the same.
(7) AWBI and the Governments should take steps to impart education in relation to
human treatment of animals in accordance with Section 9(k) inculcating the spirit of
Articles 51A(g) & (h) of the Constitution.
(8) Parliament is expected to make proper amendment of the PCA Act to provide an
effective deterrent to achieve the object and purpose of the Act and for violation of
Section 11, adequate penalties and punishments should be imposed.
(9) Parliament, it is expected, would elevate rights of animals to that of constitutional
rights, as done by many of the countries around the world, so as to protect their dignity
and honour.
(10) The Governments would see that if the provisions of the PCA Act and the
declarations and the directions issued by this Court are not properly and effectively
complied with, disciplinary action be taken against the erring officials so that the
purpose and object of PCA Act could be achieved.

(11) TNRJ Act is found repugnant to PCA Act, which is a welfare legislation, hence
held constitutionally void, being violative of Article 254(1) of the Constitution of India.
(12) AWBI is directed to take effective and speedy steps to implement the provisions of
PCA Act in consultation with SPCA and make periodical reports to the Governments
and if any violation is noticed, the Governments should take steps to remedy the same,
including appropriate follow-up action.
Restore five liberties for animals, ensuring their welfare.

Naresh Kadyan s/o Ch. O. P. Kadyan,


Master Trainer, AWBI / Volunteer of WCCB / Convener, Animal Welfare Party,
Representative of the United Nation affiliated International Organisation for Animal
Protection: OIPA www.oipa.org in India, Chairman, People for Animals (PFA) Haryana,
C-38, Rose Apartment, Prashant Vihar, sector-14, Rohini, Delhi 110085, Maa Prem Kaur
Gaushala, Run and managed by PFA Haryana, Sarai Khatela (Palwal) along with:
1.
2.
3.
4.
5.

Sudershan Kaushik of Gau Gyan Foundation.


Yogender Saroha of Dhayan Foundation.
Abhishek Kadyan of Toronto in Canada.
Miss Suman Malik of Mumbai.
Ms. Sukanya Berwal of Ahmedabad.

NHRC: Case details of File Number: 8164/7/0/2014: The complaint be transmitted to the
concerned authority for such action as deemed appropriate. The authority concerned is directed to take
appropriate action within 8 weeks and to inform the complainant of the action taken in the matter.