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Petition against beef medicinal values

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: Humanitarian by choice, Gandhian by vision and
action, being habitual khadi wearers and scout warrior, speaking truth as
passion, performing fundamental duties, Naresh Kadyan and Smt. Sharda
Khatkar, with Abhishek Kadyan and Smt. Suman Malik with Smt. Sukanya Berwal
of Scouts & Guides for Animals & Birds www.scoutingindia.in – OIPA: Indian
People for Animals, on behalf of Baby Viyana Berwal of Ahmedabad.

Mobile App: Scouts & Guides for Animals & Birds.

……….Petitioners

Versus

1. National Advisory Committee for Animal Husbandry and Dairying sector

2. Haryana Gau Seva Ayog through its Chairman
3. Director General, Animal Husbandry, Haryana
4. Chairman, AWBI

Reference: DOAHD/E/2022/00827

1. The Government of India constitutes a National Advisory Committee for

Animal Husbandry and Dairying sector to recommend, prescribe and
advise policies relating to cattle & dairy development, feed and fodder,
poultry, piggery, sheep, goat, animal health, other livestock etc.
2. Section 9 and 10 of the Prevention of Cruelty to Animals Act, 1960.

Respectfully submitted as a part of Community Policing, that:

1. Scouts Guides for animals birds is a non-political but social Trust,

motivating students along with each every citizen of India, to be humane
towards animals, while dealing with them, performing the Constitutional
duties as defined under article 51 A (g) of Indian Constitution:
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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 wild life, and to have compassion for living creatures.
(h) to develop the scientific temper, humanism and the spirit of inquiry and
reform.
(i) to safeguard public property and to abjure violence.
(j) to strive towards excellence in all spheres of individual and collective
activity so that the nation constantly rises to higher levels of endeavour
and achievement.
(k) who is a parent or guardian to provide opportunities for education to his
child or, as the case may be, ward between the age of six and fourteen
years. Ins. by the Constitution (Eighty-sixth Amendment) Act, 2002, s. 4
(w.e.f. 1-4-2010).

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.

Indian Penal Code, 1860:

As per section 47:

"animal" denotes any living creature, other than a human being.

Prevention of Cruelty to Animals Act, 1960:

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As per section 2 (a):

"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
(i) containers, pallets or similar articles of transport used to consolidate
goods and
(ii) animals or livestock.

Extracts of some Para’s of Supreme Court order dated 7.5.2014 in SLP (C)
No.11686 of 2007:

51. When we look at the rights of animals from the national and
international perspective, what emerges is that every species has an
inherent right to live and shall be protected by law, subject to the exception
provided out of necessity. Animal has also honour and dignity which
cannot be arbitrarily deprived of and its rights and privacy have to be
respected and protected from unlawful attacks.

52. Universal Declaration of Animal Welfare (UDAW) is a campaign led by

World Society for the Protection of Animals (WSPA) in an attempt to secure
international recognition for the principles of animal welfare. UDAW has
had considerable support from various countries, including India. WSPA
believes that the world should look to the success of the Universal
Declaration of Human Rights (UDHR) to set out what UDAW can achieve for
animals. Five freedoms referred to in UDAW, which we will deal with in
latter part of the judgment, find support in PCA Act and the rules framed
thereunder to a great extent.

53. World Health Organization of Animal Health (OIE), of which India is a

member, acts as the international reference organisation for animal health
and animal welfare. OIE has been recognised as a reference organisation
by the World Trade Organisation (WTO) and, in the year 2013, it has a total
of 178 member countries. On animal welfare, OIE says that an animal is in
good state of welfare if (as indicated by Scientific evidence) it is healthy,
comfortable, well nourished, safe, able to express innate behaviour and if it
is not suffering from unpleasant states such as pain, fear and distress.
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FREEDOM:

54. Chapter 7.1.2 of the guidelines of OIE, recognizes five internationally

recognized freedoms for animals, such as:

(i) freedom from hunger, thirst and malnutrition;

(ii) freedom from fear and distress;

(iii) freedom from physical and thermal discomfort;

(iv) freedom from pain, injury and disease; and

(v) freedom to express normal patterns of behaviour.

Food and Agricultural Organisation (FAO) in its “Legislative and Regulatory

Options for Animal Welfare” indicated that these five freedoms found their place
in Farm Welfare Council 2009 U.K. and is also called Brambell’s Five Freedoms.
These five freedoms, as already indicated, are considered to be the fundamental
principles of animal welfare and we can say that these freedoms find a place in
Sections 3 and 11 of PCA Act and they are for animals like the rights guaranteed
to the citizens of this country under Part III of the Constitution of India.

55. Animals are world-wide legally recognised as ‘property’ that can be

possessed by humans. On deletion of Article 19(1)(f) from the Indian Constitution,
right to property is more a fundamental right in India, this gives the Parliament
more a leeway to pass laws protecting the rights of animals. Right to hold on to a
property which includes animals also, is now only a legal right not a fundamental
right. We have also to see the rights of animals in that perspective as well.

56. Rights guaranteed to the animals under Sections 3, 11, etc. are only statutory
rights. The same have to be elevated to the status of fundamental rights, as has
been done by few countries around the world, so as to secure their honour and
dignity. Rights and freedoms guaranteed to the animals under Sections 3 and 11
have to be read along with Article 51A(g)(h) of the Constitution, which is the
magna carta of animal rights.

COMPASSION:

57. Article 51A (g) states that it shall be the duty of citizens to have compassion
for living creatures. In State of Gujarat v. Mirzapur Moti Kureshi Kassab Jamat
and Others (2005) 8 SCC 534, this Court held that by enacting Article 51A (g) and
giving it the status of a fundamental duty, one of the objects sought to be
achieved by Parliament is to ensure that the spirit and message of Articles 48 and
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48-A are honoured as a fundamental duty of every citizen. Article 51A(g),

therefore, enjoins that it was a fundamental duty of every citizen “to have
compassion for living creatures”, which means concern for suffering, sympathy,
kindliness etc., which has to be read along with Sections 3, 11(1)(a) & (m), 22 etc.
of PCA Act.

HUMANISM:

58. Article 51A (h) says that it shall be the duty of every citizen to develop the
scientific temper, humanism and the spirit of inquiry and reform. Particular
emphasis has been made to the expression “humanism” which has a number of
meanings, but increasingly designates as an inclusive sensibility for our species.
Humanism also means, understand benevolence, compassion, mercy etc.
Citizens should, therefore, develop a spirit of compassion and humanism which
is reflected in the Preamble of PCA Act as well as in Sections 3 and 11 of the Act.
To look after the welfare and well-being of the animals and the duty to prevent the
infliction of pain or suffering on animals highlights the principles of humanism in
Article 51A (h). Both Articles 51A (g) and (h) have to be read into the PCA Act,
especially into Section 3 and Section 11 of the PCA Act and be applied and
enforced.

RIGHT TO LIFE:

62. Every species has a right to life and security, subject to the law of the land,
which includes depriving its life, out of human necessity. Article 21 of the
Constitution, while safeguarding the rights of humans, protects life and the word
“life” has been given an expanded definition and any disturbance from the basic
environment which includes all forms of life, including animal life, which are
necessary for human life, fall within the meaning of Article 21 of the Constitution.
So far as animals are concerned, in our view, “life” means something more than
mere survival or existence or instrumental value for human-beings, but to lead a
life with some intrinsic worth, honour and dignity. Animals’ well-being and
welfare have been statutorily recognised under Sections 3 and 11 of the Act and
the rights framed under the Act. Right to live in a healthy and clean atmosphere
and right to get protection from human beings against inflicting unnecessary pain
or suffering is a right guaranteed to the animals under Sections 3 and 11 of the
PCA Act read with Article 51A(g) of the Constitution. Right to get food, shelter is
also a guaranteed right under Sections 3 and 11 of the PCA Act and the Rules
framed thereunder, especially when they are domesticated. Right to dignity and
fair treatment is, therefore, not confined to human beings alone, but to animals as
well. Right, not to be beaten, kicked, over ridder, over-loading is also a right
recognized by Section 11 read with Section 3 of the PCA Act. Animals have also a
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right against the human beings not to be tortured and against infliction of
unnecessary pain or suffering. Penalty for violation of those rights are
insignificant, since laws are made by humans. Punishment prescribed in Section
11(1) is not commensurate with the gravity of the offence, hence being violated
with impunity defeating the very object and purpose of the Act, hence the
necessity of taking disciplinary action against those officers who fail to discharge
their duties to safeguard the statutory rights of animals under the PCA Act.

The core infrastructure elements in a Smart City would include:-

i. Adequate water supply,

ii. Assured electricity supply,
iii. Sanitation, including solid waste management,
iv. Efficient urban mobility and public transport,
v. Affordable housing, especially for the poor,
vi. Robust IT connectivity and Digitalization,
vii. Good Governance, especially e Governance and citizen
participation,
viii. Sustainable environment,
ix. Safety and security of citizens, particularly women, children and
the elderly, and
x. Health and education.

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.

Cattle Trespass Act, 1871:

Cattle terms, used repeatedly 60 times.

Haryana Police Act, 2007:

Stray words repeatedly used by 1 times, and 3 times as cattle, empowering

Police, to handle matter related animals, including trespassing by animals.

Haryana Municipal Corporations Act, 1994:

Stray words repeatedly used by 4 times, dog 2

times, and 21 times as cattle, whereas animal,
repeatedly used by 194 times, empowering
Municipal Corporation, to handle matter related
animals. Slaughter, repeatedly used 50 times.
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Central Motor Vehicle (11th Amendments) Rules, 2015, allowed animal

transportation with dignity and respect, compassion as well, in a special vehicles,
duly approved by the Transport Department, keeping in view, the specification of
the Bureau of Indian Standards and Code.
Whereas, Hon’ble Supreme Court of India, endorsed mechanism to shift animals,
in CWP No. 309 of 2003, on 27-8-2013, which is being ignored.

Under the Prevention of Cruelty to Animals Act, 1960, following Rules, were
issued:

i). S.O.No.1056, [13/3/1979] - The Prevention of Cruelty (Capture of Animals)

Rules, 1972.

ii). No.9-18/68-LD, [23/3/1965] - The Prevention of Cruelty to Draught and

Pack Animals Rules, 1965, amended 1968.

iii). No.9-18/62-LD, [23/3/1965] - The Prevention of Cruelty to Animals

(Licensing of Farriers) Rules, 1965.

iv). No. 35-4/72-LD.I, [22/5/1973] - The Performing Animals Rules, 1973.

v). No. 18-6/70-LDI, [23/3/1978] - The Transport of Animals Rules, 1978.

vi). No.14-21/76-LD.I, [15/2/1978] - The Prevention of Cruelty to Animals

(Application of Fines) Rules, 1978.

vii). No.14-20/76-LD.I, [30/11/1978] - The Prevention of Cruelty to Animals

(Registration of Cattle Premises) Rules, 1978.

viii). S.O. 732(E), [26/8/1998] - The Experiments on Animals (controls and

Supervision) (Amendment) Rules, 1998.

ix). S.O.1074, [15/12/1998] - The Breeding of and Experiments on Animals

(Control and Supervision) Rules, 1998.

x). S.O. 134(E), 15/2/2001 - The Breeding of and Experiments on animals

(Control and Supervision) Amendment Rules, 2001.
xi). S.O. 267(E), [26/3/2001] - The Performing Animals (Registration) Rules,
2001.

xii). S.O. 269(E), [26/3/2001] - The Transport of Animals (Amendment) Rules,

2001.
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xiii). S.O. 270(E), [26/3/2001] - The Prevention of Cruelty to Animals

(Slaughter House) Rules, 2001.

xiv). S.O. 268(E), 26/3/2001 - The Prevention of Cruelty to Animals

(Transport of Animals on Foot) Rules, 2001.

xv). S.O. 271(E), 26/3/2001 - The Prevention of Cruelty to Animals

(Establishment and Regulation of Societies for Prevention of Cruelty to
Animals) Rules, 2001.

xvi). S.O. 1256(E), [24/12/2001] - The Animal Birth Control (Dogs) Rules,
2001.
xvii). S.O. 35(E), 8/1/2002 - The Performing Animals (Registration)
Amendment Rules, 2001.

xviii). S.O. 42(E), 10/01/2006 - Breeding of and Experiments on Animals

(Control and Supervision) Amendment Rules, 2005.

xix). S.O. 1818(E), 23/10/2006 - Breeding of and Experiments on Animals

(Control and Supervision) Amendment Rules, 2006.

xx). S.O. 2465(E), 22/09/2009 - The Transport of Animals (Amendment)

Rules, 2009.

xxi). S.O. 1995 (E) [27/07/2010] - Prevention of Cruelty to Animals (Slaughter

House) Amendment Rules 2010.

xxii). S.O. 714(E), [26/03/2010] - Animal Birth Control (Dogs) Rules, 2009.

xxiii). S.O. 303 (E) [08/02/2011] - The Animal Birth Control (Dogs)
Amendment Rules, 2010.
xxiv). GSR No. 496(E) Prevention of Cruelty to Animals (Dog Breeding and
Marketing) Rules, 2017.

xxv). G.S.R. 495(E) Prevention of Cruelty to Animals (Care and Maintenance

of Case Property Animals) Rules, 2017.

xxvi). G.S.R. 185 (E) Corrigendum of Prevention of Cruelty to Animals (Care

and Maintenance of Case Property Animals) Rules, 2017.
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xxvii). G.S.R. 844(E) - The Prevention of Cruelty to Animals (Pet

Shop) Rules, 2018.

xxviii). G.S.R. 1141(E) - Corrigendum to the Prevention of Cruelty to

Animals (Pet Shop) Rules, 2018.

Notification:

i). G.S.R. 619(E), [14/10/1998] - The Prevention of Cruelty to Animals

(Restricted to Exhibit on Trained as a Performing Animals).

ii). G.S.R. 528 (E) the Prevention of Cruelty to Animals (Restricted to Exhibit
or Trained as a Performing Animals).

Rajya Sabha Report No. 325 of Department-

Related Parliamentary, Standing Committee on
Transport, Tourism and Culture, needs immediate
attention.

Food Safety and Standards Act 2006:

1. Food Safety and Standards (Food Products

Standards and Food Additives) Regulation, 2011.
2. Food Safety and Standards (Licensing and
Registration of Food Businesses) Regulation,
2011.
3. Food Safety and Standards (Prohibition and
Restriction of Sales) Regulation, 2011.
4. Food Safety and Standards (Vegan Foods)
Regulations, 2022.

As per section 20(3) of the Haryana Gauvansh Sanrakshan and Gausamvardhan

Act, 2015, again adopted the Haryana Prohibition of Cow Slaughter Rules, 1972,
which is never been implement in Haryana because this fact was exposed
through RTI, live presentation was made on 17-11-2020 before the Chairman of
the Ayog.

1. Neither permits to slaughter cow progeny was granted for medicinal

purpose, nor their beef product for human consumption as diet.
2. Neither permits to slaughter, unproductive – disabled Ox, over 15 years of
age, was granted as per legal provisions of Haryana Prohibition of Cow
Slaughter Rules, 1972.
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Prayers:

1. Appoint Court Commissioner, to review the Prevention of Cruelty to

Animals Act, 1960 and to recommend the National Commission on Animal
Welfare with judicial powers.
2. Omit section 20(3) of the Haryana Gauvansh Sanrakshan and
Gausamvardhan Act, 2015, which is endorsing the Haryana Prohibition of
Cow Slaughter Rules, 1972.
3. Amend 19 of the Haryana Gauvansh Sanrakshan and Gausamvardhan Act,
2015, with strong punishments.
4. Place agenda before Haryana Gau Seva Ayog, to discuss for agoption of
Cow as State Cattle of Haryana, agenda approved by the State Committee
for Slaughter Houses, Department of Urban Affairs and Local Bodies, Govt.
of Haryana.
5. STOP treating animals as goods, vehicle, and commodity, agriculture
products, introducing special vehicles, to transport animals, restoring their
5 freedoms.
6. Dedication – tireless services of late Chaudhary Om Parkash Kadyan and
Smt. Prem Kaur Dhankar, founder of PFA Haryana, may be endorsed, under
their guidance, two special Cattle Trains were stopped, on 10-12-2000 at
Faridabad & on 28-12-2000 at Ghaziabad.
7. Any other relief may be granted as deems fit.

With Scouting spirit ………

Petitioner’s Address Signature

Baby Viyana Berwal C- 38, Rose Apartment,

Prashant Vihar, sector- 14,
Via her Grandparents Rohini, Delhi- 110085.
www.scoutingindia.in
1. Naresh Kadyan WhatsApp: 9813010595.
Mobile App:
2. Smt. Sharda Khatkar Scouts and Guides for Animals and Birds
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Resolutions:

With the blessings of great visionary late Chaudhary Om Parkash Kadyan, Retired
BDPO with Smt. Prem Kaur Kadyan, founder of People for Animals PFA Haryana.

We the people of India, holding berth in the Scouts and Guides for Animals and
Birds, tirelessly working on the following issues, without gain and profit, and
resolved that to perform fundamental duties:

51A. 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 wild life, and to have compassion for living creatures.
(h) to develop the scientific temper, humanism and the spirit of inquiry and
reform.
(i) to safeguard public property and to abjure violence.
(j) to strive towards excellence in all spheres of individual and collective
activity so that the nation constantly rises to higher levels of endeavour
and achievement.
(k) who is a parent or guardian to provide opportunities for education to his
child or, as the case may be, ward between the age of six and fourteen
years. Ins. by the Constitution (Eighty-sixth Amendment) Act, 2002, s. 4
(w.e.f. 1-4-2010).
1. Decisions adopted by the Conference of the Parties to the Convention on
Biological Diversity at its Eleventh Meeting, as NATURE PROTECTS IF SHE
IS PROTECTED, endorsed by the Scouts and Guides for Animals and Birds.
2. International Day of Non - Violence, adopted by the United Nations,
endorsed by Scouts and Guides for Animals and Birds
www.scoutingindia.in
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3. The Nice Classification (NCL), established by the Nice Agreement (1957), is

an international classification of goods and services applied for the
registration of marks.
Intellectual property (IP) refers to creations of the mind, such as
inventions; literary and artistic works; designs; and symbols, names and
images used in commerce.

Trade Mark Objectionable activities, against Negative list Objections: Gandhian values
Class 1 Agriculture, horticulture and forestry Negative list of KVIC
Class 5 Preparation for destroying vermin Violence: Gandhian values
Class 13 Firearms, ammunition and projectiles, Violence: Gandhian values
explosives
Class 18 Whips: whereas Catapult was ban by KVIC Violence: Gandhian values
Class 20 Ivory, whalebone, shell, amber Criminal offense against wildlife
Class 28 Decorations for Christmas trees Discrimination
Class 29 Meat, fish, poultry, eggs Negative list of KVIC
Class 31 Live animals Negative list of KVIC
Class 33 Alcoholic beverages Negative list of KVIC
Class 34 Tobacco, smokers articles Negative list of KVIC

4. Contradiction, treating animals as goods, vehicle, commodity and

agricultural product, introducing proper vehicle to transport, restoring their
5 freedoms.
5. Cow as National Cattle of India and Honey Bee as National Insects of India,
with protection under the Wildlife Protection Act, 1972.
6. Animal Welfare Board of India, be replaced with the National Commission
on Animal Welfare with judicial powers.
7. Camel Transportation rules, regulating Force and Police animals with
rehabilitation policy after retirement.
8. Man animal conflict and their co-existence, preventing exploitation of
honey bee.
9. Flora and fauna, publication and training for awareness.
10. Awards on the eve of the International Day of Non-Violence.
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