DT. June 26, 2008
Sri B S Yeddurappa
Honorable Chief Minister,
Government. of Karnataka
Bangalore
“ PUKARTI HAI GAU KASAI SE RAKSHA KARO”
Sub: Request for providing opportunity of meeting to Karnataka Gaushala Mahasangh ® delegation – Cow & its progeny –protection-preservation and use of Bull power & products in employment generation, rural development & women empowerment
Honorable Janapriya Chief Minister Sir,
Karnataka Gaushala Mahasangh® Congratulate our BJP victory in Karnataka and your god self accepting Chief Minister charge Of Government of Karnataka.
Karnataka Goshala Mahasangh ® is representing on More than Hundred Goshala of Karnataka Caring and Maintaining Cows and its progeny, functioning under the divine blessings & Honorary President ship of Sri Sri Sri Balagangadharnath Mahaswamiji, Peethadhipathi of Sri Adi Chunchangiri Mahasamsthana Math. With holy blessings and directions, we beg to draw your kind attention here as under :
Rashtriya Govansh Vikash Prakosht has already recommended and many states formed Gau Seva Ayogs like Rajsthan,Gujrat,Madhya Pradesh….etc,. which are functioning. In National executive Meeting held at 11, Ashoka Road,New Delhi under the leadership of Sri Rajnaath Singh Ji & Sri Ram lal ji & attended by other dignitaries from whole country . Undersigned had honor to attend the same representing Karnatka.I am enclosing herewith details ad resolutions passed in the meeting to be implemented / requested to all States & Union Government which shall be treated as announced National Party policy .
Scenario in Karnataka State
Illegal Transportation & slaughter of Cow and its progeny : Karnataka is blessed with world fame breeds of Cow like Amruthmhal, Harlikar, Malnad Gidda, Devani, etc. As per Live Stock Sample Survey Report of Govt of Karnataka for the year 05-06 our State has 95.96 Lacs Cattle & 40.24 Lacs Buffalo. There shall be 25-30% natural increase in this number every year but record shows decline every year. There is downfall of 15 lac cow & Buffalo in last decade apart from app 35-40 lac speechless animals which would had been added to our live stock every year.
Scenario: The heinous crime starts from Government lands at 110 APMC Yards every day and on the strength of Health Certificates issued by Animal Husbandry Dept, travels under the nose of R.T.O, Police, APMC officials and Check posts. Poor speechless animals are transported from one corner of State to other corner & crosses inter state borders, most cruelly & mercilessly slaughtered without observing any hygiene, Law, Act & Rules. Sale of carcass can be seen with out any certification, violating Municipal Rules & Regulations.
This heinous criminal activity estimated to app. RS. 25 billions/year. This animal & carcass trade is going on, unchecked, providing contaminated meat to consumer, putting heavy without contribution but a burden on exchequer.
It is resulting in to depletion of live stock, high unaffordable price of Milk & milk products, penetration of milk made from Urea & detergent playing with the health of our next generation, non availability of organic compost, apart from hurting public sentiment of compassion towards speechless animals.
In spite of presence of such stringent Union & State statutory provisions, heart of animal lover and go sevak weeps every day. As a matter of fact, Karnataka has become supplier state to neighboring Kerala, Andhra Pradesh, Maharastra etc. Illegal slaughter of these speechless animals is going on in rampant way. Thousands of slaughter houses are functioning illegally with out any statutory control. Civic bodies have also provided Slaughter houses BUT with out any physical control and no Pre mortem or post mortem is even seen.
These slaughter places are functioning in heart of cities creating high health hazard. Even the revenue generated in terms of Auction money is not sufficient to afford a part time sweeper. Hence, Tax payers money is being spent by civic bodies half compassion to speechless animals. Though Constitution of India Article 25 provides freedom of conscience and free profession, practice and propagation of religion (subject to public order, morality and health and to the other provisions of this Part, all persons are equally entitled to freedom of conscience and the right freely to profess, practice and propagate religion) but clarifies that Nothing in this article shall affect the operation of any existing law or prevent the State from making any law.
Different religions were propagating and parasitizing their traditional rituals like early marriage, immolation of widow with deceased husband (Sati Pratha) sacrifice on different festivals. But, different Acts were enacted to prohibit these rituals in public interest. Sharda Act prohibited early marriage and there is absolute ban on even glorifying Sati as an old tradition of road side sacrifice. Very recently Honorable Chief Justice Karnataka High Court has issued Directions which are to complied with irrespective of Cast & creed.
Misuse of your kind gesture as Honorable Dy. Chief Minister & Finance Minister in Swarna Karnatak Gauthally Yojana is matter of investigation. We have identified following State Departments concerned & connected with Prevention & preservation of GOVANSH in the State;
1. Animal Husbandry & Vet. Services,
2. Home
3. Urban Development–Municipal Admn.
4. Rural Development & Panchayat Raj
5. Finance Revenue ,
6. Disaster management ,
7. Agro Produce Marketing
8. Law & Justice
9. Forest,
10. Transport
11. Agriculture,
12. Dairy Development,
13. Small Scale & Cottage Industries
14. Primary & Higher Education
15. Energy etc.
Requirement & Suggestion on different State Departments
1. Animal Husbandry & Veterinary Services described as Competent authority under Prevention of Cow Slaughter & Preservation of Cattle Act, 1964 is seen totally neglecting the implementation of above Act. There is no single infirmary established in whole State. In spite of repeated reminders SPCA has not even being constituted in many Districts. Karnataka State Animal Welfare Board has met 3-4 times since its inception in last 6-7 years. Your wonderful planned Scheme “Swrana Karanataka Gauthali Yojna ” has been reported misused in many places out of 18 granted institutions.
2. Home: The implementation of all Acts & Rules normally falls on Police solders. There are number of Acts and Rules including IPC 429 to be implemented in letter and spirit. Though Karnataka Police is one of the best team in our country still negligence can be seen in whole State. Visible crime every day are left un booked in one pretext or other. Investigation in booked Crime are not seen in concluding manner.
3. Urban Development - Municipal Administration: Civic administration responsible for stray Cattle, slaughter, Sale of carcass owns big responsibility. Karnataka Municipality Act has defined all activities. But, gross violation can be seen in all civic bodies. Directions from Honorable Supreme Court of India in LN Modi V/s Govt. of India & ors may attract contempt proceedings one day. There is no ante mortem post martem system seen in any of Slaughter house. Mafia are holding the control and even Government officials are afraid of entering in the area. Cattle pounds or Infirmaries are statutory requirements which are not in existence.
4. Rural Development & Panchayat Raj : Cow and its progeny , the backbone of rural economy has been destabilized because of greed of money and vested interest. App.20 millian Govansh generates 80 million M.T of Cow dung & 20 million kilo ltr of Gaumutra. Bull power availability can be fairly estimated at 200 million Horsepower. 30,000+ village of State are crying for rural employment, Water, Electricity Fertilizer etc. State is consuming thousand crore worth of Phenyl. RDPR Department shall be instrumental in development and implementation of Schemes for proper utilization.
5. Finance & Revenue : State exchequer is bearing huge loss due to non taxation on Animal Trade & Slaughter houses. Animal transportation, Trade &Slaughter activities shall be dealt as commercial
and industrial activities. Normal 12.5% VAT shall bring at least RS 1,000 Crore / Year but it is draining huge amount on different heads. The auction amount received by Civic bodies is not even sufficient to post part time sweeper in a slaughter house
6. Disaster management : Speechless animals are prime victim of any disaster whether draught or flood or fodder shortage or earth quake. State receives huge amount and also spends billions of Rupees but definite animal related schemes are not at all seen. Even Fodder transportation subsidy announced many times in the State has not been released. In case of States like Rajasthan Goshala are getting RS.20/- per day per Cattle. Most of the amount is coming out of Disaster Relief Funds.
7. Agro Produce Marketing: The animal related crime generates from Government Land of 110+ APMC Yards in the State every week. Cattle is item under Schedule A needs Trading License and other regulations. But, implementation is not seen apart from co ordination between other departments. As per fair estimate it is incurring a revenue loss of few Crores in this account. Presence of APMC Check post can be seen in whole State but totally indifferent on the subject.
8. Transport : Presence of RTO can be seen every where including on interstate borders. Motor Vehicle Rules and Motor Vehicle Act has imposed stringent penalties, confiscation and imprisonment of violation. BUT, the visible Crime is going un noticed under the nose of Transport Department
9. Law & Justice: All connected laws were enacted at least 40-50 years earlier. Price Index has gone up many fold in this time but Penalties and Fines are unchanged. It is helping offenders. Animal related cases are not cared by prosecution resulting into release of Cattle to offenders in violation of Honorable Supreme Court Directions. Executive Departments are not provided with the relevant legal information.
10. Forest : Most of transport routes crosses Forest area Hand Posts. Animal carcass, effluent are highly hazardous for wild life. Illegal transporters are big enemies and to be tackled with iron hands by forest authorities in co ordination with other Departments
11. Agriculture : Animal Welfare, Fodder, Fertilizer, Seeds Subsidies etc many issues comes under Agriculture Department preview. Proper schemes has to be chalked out and implemented for best use of Bull power, Milch animal, Bio Compost production, Fodder cultivation etc.
12. Dairy Development : Cow and its progeny is known as Dairy development tool also. Breed improvement, Milk procurement, milk product marketing like many issues directly related with Cattle preservation and Safety.
13. Small Scale & Cottage Industries: There are scores of cottage & medium Scale industries based on Cow dung and Cow Urine. It can be a big rural employment generation. Industries Department and connected Corporations shall develop, propagate, motivate, different schemes
14. Primary & Higher Education: Compassion, Health & Hygiene, Legal, economy, Husbandry , Veterinary etc many subjects needs attention of Primary & Higher Education Departments. Gains of Animal Safety & Loss of Cruelty & Killing shall be incorporated in Syllabus. Seperete Chairs shall be established in different Universities on related subjects.
15. Energy : Bull Power& Bio Gas are large untapped source of non conventional Energy. Proper Production & utilization will certainly reduce Burdon on Energy Department. Like incentives on Solar energy, schemes shall be chalked out on use of Bull Power & Electricity Generation. Apart from Implementation of Union government Ministry of Non Conventional Energy.
Government of India under the directions of then Prime M inister Sri Atal Bihari Ji Vajapayi Ji & DY. Prime Minister Sri Lal Krishan Advani ji constituted National commission on Cattle under the leadership of Chief Justice(Retd) Sri Guman Mal Ji Lodha. Commission toured whole nation including Karnataka and submitted recomondatrions. Our own Holy Sri Sri Sri Balagangadharanatha Mahaswamiji also contributed to this Nationwide problem, as Honorable Member of this Commission.
We are enclosing herewith copy of recommendation for your kind consideration and implementation .
Animal Shelter – Gaushalas
GOSHALA: There is need of animal shelter in each village, Taluq,& District. Under the provisions of Karnataka Prohibition of Cow slaughter & Cattle Preservation Act, 1964 Sec. 18 : (Establishment of Institutions for care of cows and animals ) -The State Government may establish, or direct any local authority or Society registered under Karnataka Societies Registration Act 1961 or any association or body of persons to ESTABLISH INSTITUTIONS at such places as may be deemed necessary for taking care of Cow & other animals sent thereto.
Many State governments like Delhi, Rajasthan, Mdhaya Pradesh, ChhatishGarh etc have come forward with high helping hand and provided security, land, technical expertise, financial assistance resulted in creation of hundreds of Goshalas in those States. Whereas, in Karnataka we are have entirely different situation.
Against the dire need of 500 Goshalas in such vast state app. 100 GOSHALAS have emerged in different part of State, serving each 50 to 2500 speechless animals . These GOSHALA are prone to all kind of attacks from very strong butchers lobby and animal traders. These Goshalas are functioning as Non Government Organization on public contribution & needs all kind of patronage from State & Central Governments.
We strongly request, recommend and offer our humble association in this noble cause, here as under:-
1. Honorable Sir, A coordinating agency i.e. State Go Seva Ayog is requirement of the day. Rajasthan, Gujarat Jharkhand, Orissa, Himachal, Madhya predesh, Chhatishgarh etc BJP ruled States have already constituted STATE GO SEVA AYOG with statutory and financial powers. We are enclosing herewith constitution of few Boards for your kind perusal & action.
2. Please issue directions to Concerned authorities to Safeguard the cow & its progeny & other, milch & draught animals like buffalos, Camel etc. as protected under various Acts and Rules by Govt. of India and State laws.
3. Please provide complete security to all Goshala in Karnataka.
4. Please ensure the implementation of Karnataka Prevention of Cow Slaughter & Preservation Act, 1964 & other Acts & Rules as mentioned above in letter and spirit.
5. Please save lives of speechless animals by restricting internal and interstate animal transportation to slaughter houses by implementing above stated Acts and Rules.
6. Please Stop animal auction as done by different government organizations and institutions which are mostly going to slaughterhouses.
7. Please stop illegal encroachment of GOMALA LAND.
8. Please ban inter state transportation of fodder
9. Please provide Gomala land on lease to Goshalas for fodder cultivation.
10. Please allot land for construction of Gosalas from GOMALA LAND in different Taluks & Districts which shall work as infirmaries and local training & breed improvement Centre.
11. Please provide electricity to all Goshala at agriculture rates as being done in haryana and other states.
12. Please Involve Karantaka Goshala Mahasangh® in Policy, Planning & Implementation of different government Scheme for our active role.
13. Please CONSTITUTE Karnataka Go Seva Ayog and allot funds from state Budget & provide grant of RS. 25/- per animal per day to all Goshalas of Karnataka.
14. Please reconstitute Karnataka State Animal Welfare Board with public involvement and effective working . Karnataka State Animal Welfare Board was constituted in vide GO O. AHF 29 AHP 2002 Bangalore DT 20.7.2002 under the provisions of PCA Act but it has out lived its term.
15. Please declare firm policy addressing different requirements of Goshala & provide construction, technical & financial assistance as there is no Scheme implemented till date in this regard.
Sir, we are praying on behalf of more than 20 million cows & its progeny belonging to Karnataka, with great hopes, in your honor and pray humbly to consider our prayer to save the backbone of Indian rural economy, health & hygiene of next generation by preventing from cruelty & slaughter & persevering the cow & its progeny.
With blessings from With great hops & regards
Yours in service to speechless animals,
Sri Sri Sri Balagangadharnatha Mahaswamiji
Peethadhipati Dr. SK Mittal President
Sri Adichunchangiri Mahasamsthan Math & Hon. President Karnataka Goshala Mahasangh ®
National Executive Member BJP Govans Vikash prokost
Member & In Charge Karnataka & Kerala State Sub Committee
Animal Welfare Board of India-Min. of Env. & Forest, govt. of India
(Helping hands are more holier than speaking lips)
Enclosure:
1. Statutory Acts & Provisions
2. Copy of Constitution of Rajasthan & Chhatisgarsh Goseva Ayog
3. Copy of Recommendation of National Cattle Commission
Annexure Statutory Acts & Rules
Articles 48, 48-A and 51-A(g) of the Constitution read as under :-"48. Organization of agriculture and animal husbandry. The State shall Endeavour to organize agriculture and animal husbandry on modern and scientific lines and shall, in particular, take steps for preserving and improving the breeds, and prohibiting the slaughter, of cows and calves and other milch and draught cattle.
48-A. Protection and improvement of environment and safeguarding of forests and wild life.The State shall Endeavour to protect and improve the environment and to safeguard the forests and wild life of the country.
Fundamental duties 51-A (g)..It shall be the duty of every citizen of India to protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures;"
Indian Penal Code 429 puts rigorous punishment on mischief by killing, poisoning, maiming or rendering useless any elephant, camel, horse, mule, buffalo, bull, cow, or ox.
Prevention of Cruelty Act of 1960) was enacted to prevent cruelty to animals and its Rules regulates Transportation of Animals, Slaughterhouses, Establishment of Societies for Providing Compassion to Animals (SPCA) etc.
Transport of Cattle Rules 1965/1978/2001 & Sec 96(Rule).
RULE 74 of Karnataka Motor Rules, 1989 . has stipulated special permits, Speed regulation, Special body Fodder, Water, medicine arrangements apart from 2 Sq. Mtr space for each animal this provision restricts the loading of 4 to 5 animals in each truck. BUT more than 10 thousand Trucks are reported crossing inter state Boarders every month carrying more than 15-25 animals a visible crime un booked.
Karnataka Prevention of Cow Slaughter & Preservation of Cattle Act was enacted in 1964 providing complete security to Cow Calf & She Buffalo and He Cow & He Buffalo below 12 years.
Karnataka Prevention of Animal Sacrifice Act, 1959 Sec.2 Sacrifice means the killing or maiming of any animal for the purpose of any religious worship or adoration. Place of public religious worship means “ any place intended for use by, or accessible to, the public or section thereof for the purpose of religious worship or adoration. Sec.3 prohibition on sacrifice. “ No person shall sacrifice any animal in any place of public religious worship or adoration or its precincts or any congregation or procession connected with any religious worship in public street. (Explanation) For the purpose f Sec 3 & 4” Public street means a road, street, way or other place whether a through fare or not, to which the public is granted access or over which they have right to pass
Karnataka Agro Produce Marketing (APMC) Act has classified these animals under Schedule A ensuring legal transaction
Karnataka Motor Vehicle Rules and union Motor Vehicle Act have restricted transportation of these animals and apart from different provisions each animal has to be provided 2 Sq. Meter space i e. loading of more than 4 Cattle in a vehicle is illegal.
Karnataka Municipality Act Sec.87,91, 226,228. 232,242,243,244, 246, 251, 256,257,324 deals with Animals, slaughterhouse, illegal slaughter places. Health & hygiene.
Honorable Indian Legislature did their job by enacting Act & Rules on prohibition on Slaughter, restriction on transportation, Prevention on Sacrifice and Supreme Court of India in its famous Judgment in Ashutosh Lahri V/S W. Bengal & others even in upheld No cow sacrifice on Bakar id day and directed the Governments to stop this heinous, most cruel crime.
Constitution Bench consisting of 7 Honorable Judges of Honorable Supreme Court of India lead by Chief Justice RC Lahoti in its ORDER ON COW SLAUGHTER CASE NO.: Appeal (civil)4937-4940 of 1998 Dated 26/10/2005 discussed the Scenario at length and after addressing all relevant issues and objections, up held the complete ban on slaughter of Cow & its progeny.
In spite of such Acts, Rules and provisions app. 5 million Live Stock is sent to Slaughterhouses with in & outside State with app. Turnover of RS.16,000 Crore .
.... Note on Infirmaries......
The Enforcement & Implementation of Prevention of Cruelty to Animals Act , 1960 Section 35 states and rules there under is duty of State Govt. s.
(1) The State Government, may by general or special order appoint infirmaries for the treatment and care of animals in respect of which offences against this Act have been committed, and may authorize the detention therein of any animal pending its production before a Magistrate.
(2) The magistrate before whom a prosecution for an offence against this Act has been instituted may direct that the animals concerned shall be treated and cared for in an infirmary, until it is fit to perform its usual work or is otherwise fit for discharge, or that it shall be sent to a Pinjrapole, or if the veterinary officer in charge of the area in which the animal is found or such a veterinary officer as may be authorized in this behalf by rules made under this Act certifies that it is incurable or cannot be removed without cruelty, that it shall be destroyed.
(3) An animal sent for care and treatment to an infirmary shall not, unless the magistrate directs that it shall be sent to a Pinjrapole or that it shall be destroyed, be released from such place except upon a certificate of its fitness for discharge issued by the Veterinary Officer In-charge of the area in which the infirmary is situated or such other veterinary officer as may be authorized in this behalf by rules made under this Act.
(4) The cost of transporting the animal to an infirmary or Pinjrapole and of its maintenance and treatment in an infirmary, shall be payable by the district magistrate, or, in presidency-towns, by the commissioner of police; (Provided that when the magistrate so orders on account of the poverty of the owner of the animal, no charge shall be payable for the treatment of the animal. )
(5) Any amount payable by an owner of an animal under sub-section (4) may be recovered in the same manner as an arrear of land revenue,
(6) If the owner refuses or neglects to remove the animal within such time as a magistrate may specify, the magistrate may direct that the animal be sold and that the proceeds of the same be applied to the payment of such cost.
(7) The surplus, if any, of the proceeds of such sale shall, on application made by the owner within two months from the date of the sale be paid to him.
The Animals Rescued from Offenders of Prevention of Cruelty to Animals Act 1960 need immediate Veterinary care , food, water and shelter .These animals are treated as case property and need to be produced in the court. In many cases Animals rescued are Cows and Bullocks, but sheep and goats, Poultry ,Buffaloes, dogs, pigs, Birds etc are Difficult to maintain in Gaushalas and many times private Gaushalas and Pinjrapoles refuse to keep the other species than Cows due to Lack of arrangement, Space or due to some beliefs etc.
Since it is Govt, Property and needs safe Custody. The makers of PCA has given it importance ,which is often ignored by most of the States.:
Many states have notified the infirmaries and in many states the cows and its progeny is kept by Gausadans or Pinjrapoles etc. The Other species are most of the times given back on supuraddari by Police or Court as no institution or individuals come forward to take their charge, Hence the spirit of Prevention of Cruelty to Animals Act fails.
Many Organizations filed PILs in the Hon.ble Punjab & Haryana High Court and on Directions of Hon. High Court of Punjab and Haryana directed the respective State Govt.s to Set Up infirmaries and file affidavit in 1999..As a result Police also hesitate to book the case as it become impossible for them to care the rescued animals which are case property. Animal Welfare Board of India should stress the State Govt., to Setup the infirmaries or make them functional. Only this will help to check the cruelty.
Sri B S Yeddurappa
Honorable Chief Minister,
Government. of Karnataka
Bangalore
“ PUKARTI HAI GAU KASAI SE RAKSHA KARO”
Sub: Request for providing opportunity of meeting to Karnataka Gaushala Mahasangh ® delegation – Cow & its progeny –protection-preservation and use of Bull power & products in employment generation, rural development & women empowerment
Honorable Janapriya Chief Minister Sir,
Karnataka Gaushala Mahasangh® Congratulate our BJP victory in Karnataka and your god self accepting Chief Minister charge Of Government of Karnataka.
Karnataka Goshala Mahasangh ® is representing on More than Hundred Goshala of Karnataka Caring and Maintaining Cows and its progeny, functioning under the divine blessings & Honorary President ship of Sri Sri Sri Balagangadharnath Mahaswamiji, Peethadhipathi of Sri Adi Chunchangiri Mahasamsthana Math. With holy blessings and directions, we beg to draw your kind attention here as under :
Rashtriya Govansh Vikash Prakosht has already recommended and many states formed Gau Seva Ayogs like Rajsthan,Gujrat,Madhya Pradesh….etc,. which are functioning. In National executive Meeting held at 11, Ashoka Road,New Delhi under the leadership of Sri Rajnaath Singh Ji & Sri Ram lal ji & attended by other dignitaries from whole country . Undersigned had honor to attend the same representing Karnatka.I am enclosing herewith details ad resolutions passed in the meeting to be implemented / requested to all States & Union Government which shall be treated as announced National Party policy .
Scenario in Karnataka State
Illegal Transportation & slaughter of Cow and its progeny : Karnataka is blessed with world fame breeds of Cow like Amruthmhal, Harlikar, Malnad Gidda, Devani, etc. As per Live Stock Sample Survey Report of Govt of Karnataka for the year 05-06 our State has 95.96 Lacs Cattle & 40.24 Lacs Buffalo. There shall be 25-30% natural increase in this number every year but record shows decline every year. There is downfall of 15 lac cow & Buffalo in last decade apart from app 35-40 lac speechless animals which would had been added to our live stock every year.
Scenario: The heinous crime starts from Government lands at 110 APMC Yards every day and on the strength of Health Certificates issued by Animal Husbandry Dept, travels under the nose of R.T.O, Police, APMC officials and Check posts. Poor speechless animals are transported from one corner of State to other corner & crosses inter state borders, most cruelly & mercilessly slaughtered without observing any hygiene, Law, Act & Rules. Sale of carcass can be seen with out any certification, violating Municipal Rules & Regulations.
This heinous criminal activity estimated to app. RS. 25 billions/year. This animal & carcass trade is going on, unchecked, providing contaminated meat to consumer, putting heavy without contribution but a burden on exchequer.
It is resulting in to depletion of live stock, high unaffordable price of Milk & milk products, penetration of milk made from Urea & detergent playing with the health of our next generation, non availability of organic compost, apart from hurting public sentiment of compassion towards speechless animals.
In spite of presence of such stringent Union & State statutory provisions, heart of animal lover and go sevak weeps every day. As a matter of fact, Karnataka has become supplier state to neighboring Kerala, Andhra Pradesh, Maharastra etc. Illegal slaughter of these speechless animals is going on in rampant way. Thousands of slaughter houses are functioning illegally with out any statutory control. Civic bodies have also provided Slaughter houses BUT with out any physical control and no Pre mortem or post mortem is even seen.
These slaughter places are functioning in heart of cities creating high health hazard. Even the revenue generated in terms of Auction money is not sufficient to afford a part time sweeper. Hence, Tax payers money is being spent by civic bodies half compassion to speechless animals. Though Constitution of India Article 25 provides freedom of conscience and free profession, practice and propagation of religion (subject to public order, morality and health and to the other provisions of this Part, all persons are equally entitled to freedom of conscience and the right freely to profess, practice and propagate religion) but clarifies that Nothing in this article shall affect the operation of any existing law or prevent the State from making any law.
Different religions were propagating and parasitizing their traditional rituals like early marriage, immolation of widow with deceased husband (Sati Pratha) sacrifice on different festivals. But, different Acts were enacted to prohibit these rituals in public interest. Sharda Act prohibited early marriage and there is absolute ban on even glorifying Sati as an old tradition of road side sacrifice. Very recently Honorable Chief Justice Karnataka High Court has issued Directions which are to complied with irrespective of Cast & creed.
Misuse of your kind gesture as Honorable Dy. Chief Minister & Finance Minister in Swarna Karnatak Gauthally Yojana is matter of investigation. We have identified following State Departments concerned & connected with Prevention & preservation of GOVANSH in the State;
1. Animal Husbandry & Vet. Services,
2. Home
3. Urban Development–Municipal Admn.
4. Rural Development & Panchayat Raj
5. Finance Revenue ,
6. Disaster management ,
7. Agro Produce Marketing
8. Law & Justice
9. Forest,
10. Transport
11. Agriculture,
12. Dairy Development,
13. Small Scale & Cottage Industries
14. Primary & Higher Education
15. Energy etc.
Requirement & Suggestion on different State Departments
1. Animal Husbandry & Veterinary Services described as Competent authority under Prevention of Cow Slaughter & Preservation of Cattle Act, 1964 is seen totally neglecting the implementation of above Act. There is no single infirmary established in whole State. In spite of repeated reminders SPCA has not even being constituted in many Districts. Karnataka State Animal Welfare Board has met 3-4 times since its inception in last 6-7 years. Your wonderful planned Scheme “Swrana Karanataka Gauthali Yojna ” has been reported misused in many places out of 18 granted institutions.
2. Home: The implementation of all Acts & Rules normally falls on Police solders. There are number of Acts and Rules including IPC 429 to be implemented in letter and spirit. Though Karnataka Police is one of the best team in our country still negligence can be seen in whole State. Visible crime every day are left un booked in one pretext or other. Investigation in booked Crime are not seen in concluding manner.
3. Urban Development - Municipal Administration: Civic administration responsible for stray Cattle, slaughter, Sale of carcass owns big responsibility. Karnataka Municipality Act has defined all activities. But, gross violation can be seen in all civic bodies. Directions from Honorable Supreme Court of India in LN Modi V/s Govt. of India & ors may attract contempt proceedings one day. There is no ante mortem post martem system seen in any of Slaughter house. Mafia are holding the control and even Government officials are afraid of entering in the area. Cattle pounds or Infirmaries are statutory requirements which are not in existence.
4. Rural Development & Panchayat Raj : Cow and its progeny , the backbone of rural economy has been destabilized because of greed of money and vested interest. App.20 millian Govansh generates 80 million M.T of Cow dung & 20 million kilo ltr of Gaumutra. Bull power availability can be fairly estimated at 200 million Horsepower. 30,000+ village of State are crying for rural employment, Water, Electricity Fertilizer etc. State is consuming thousand crore worth of Phenyl. RDPR Department shall be instrumental in development and implementation of Schemes for proper utilization.
5. Finance & Revenue : State exchequer is bearing huge loss due to non taxation on Animal Trade & Slaughter houses. Animal transportation, Trade &Slaughter activities shall be dealt as commercial
and industrial activities. Normal 12.5% VAT shall bring at least RS 1,000 Crore / Year but it is draining huge amount on different heads. The auction amount received by Civic bodies is not even sufficient to post part time sweeper in a slaughter house
6. Disaster management : Speechless animals are prime victim of any disaster whether draught or flood or fodder shortage or earth quake. State receives huge amount and also spends billions of Rupees but definite animal related schemes are not at all seen. Even Fodder transportation subsidy announced many times in the State has not been released. In case of States like Rajasthan Goshala are getting RS.20/- per day per Cattle. Most of the amount is coming out of Disaster Relief Funds.
7. Agro Produce Marketing: The animal related crime generates from Government Land of 110+ APMC Yards in the State every week. Cattle is item under Schedule A needs Trading License and other regulations. But, implementation is not seen apart from co ordination between other departments. As per fair estimate it is incurring a revenue loss of few Crores in this account. Presence of APMC Check post can be seen in whole State but totally indifferent on the subject.
8. Transport : Presence of RTO can be seen every where including on interstate borders. Motor Vehicle Rules and Motor Vehicle Act has imposed stringent penalties, confiscation and imprisonment of violation. BUT, the visible Crime is going un noticed under the nose of Transport Department
9. Law & Justice: All connected laws were enacted at least 40-50 years earlier. Price Index has gone up many fold in this time but Penalties and Fines are unchanged. It is helping offenders. Animal related cases are not cared by prosecution resulting into release of Cattle to offenders in violation of Honorable Supreme Court Directions. Executive Departments are not provided with the relevant legal information.
10. Forest : Most of transport routes crosses Forest area Hand Posts. Animal carcass, effluent are highly hazardous for wild life. Illegal transporters are big enemies and to be tackled with iron hands by forest authorities in co ordination with other Departments
11. Agriculture : Animal Welfare, Fodder, Fertilizer, Seeds Subsidies etc many issues comes under Agriculture Department preview. Proper schemes has to be chalked out and implemented for best use of Bull power, Milch animal, Bio Compost production, Fodder cultivation etc.
12. Dairy Development : Cow and its progeny is known as Dairy development tool also. Breed improvement, Milk procurement, milk product marketing like many issues directly related with Cattle preservation and Safety.
13. Small Scale & Cottage Industries: There are scores of cottage & medium Scale industries based on Cow dung and Cow Urine. It can be a big rural employment generation. Industries Department and connected Corporations shall develop, propagate, motivate, different schemes
14. Primary & Higher Education: Compassion, Health & Hygiene, Legal, economy, Husbandry , Veterinary etc many subjects needs attention of Primary & Higher Education Departments. Gains of Animal Safety & Loss of Cruelty & Killing shall be incorporated in Syllabus. Seperete Chairs shall be established in different Universities on related subjects.
15. Energy : Bull Power& Bio Gas are large untapped source of non conventional Energy. Proper Production & utilization will certainly reduce Burdon on Energy Department. Like incentives on Solar energy, schemes shall be chalked out on use of Bull Power & Electricity Generation. Apart from Implementation of Union government Ministry of Non Conventional Energy.
Government of India under the directions of then Prime M inister Sri Atal Bihari Ji Vajapayi Ji & DY. Prime Minister Sri Lal Krishan Advani ji constituted National commission on Cattle under the leadership of Chief Justice(Retd) Sri Guman Mal Ji Lodha. Commission toured whole nation including Karnataka and submitted recomondatrions. Our own Holy Sri Sri Sri Balagangadharanatha Mahaswamiji also contributed to this Nationwide problem, as Honorable Member of this Commission.
We are enclosing herewith copy of recommendation for your kind consideration and implementation .
Animal Shelter – Gaushalas
GOSHALA: There is need of animal shelter in each village, Taluq,& District. Under the provisions of Karnataka Prohibition of Cow slaughter & Cattle Preservation Act, 1964 Sec. 18 : (Establishment of Institutions for care of cows and animals ) -The State Government may establish, or direct any local authority or Society registered under Karnataka Societies Registration Act 1961 or any association or body of persons to ESTABLISH INSTITUTIONS at such places as may be deemed necessary for taking care of Cow & other animals sent thereto.
Many State governments like Delhi, Rajasthan, Mdhaya Pradesh, ChhatishGarh etc have come forward with high helping hand and provided security, land, technical expertise, financial assistance resulted in creation of hundreds of Goshalas in those States. Whereas, in Karnataka we are have entirely different situation.
Against the dire need of 500 Goshalas in such vast state app. 100 GOSHALAS have emerged in different part of State, serving each 50 to 2500 speechless animals . These GOSHALA are prone to all kind of attacks from very strong butchers lobby and animal traders. These Goshalas are functioning as Non Government Organization on public contribution & needs all kind of patronage from State & Central Governments.
We strongly request, recommend and offer our humble association in this noble cause, here as under:-
1. Honorable Sir, A coordinating agency i.e. State Go Seva Ayog is requirement of the day. Rajasthan, Gujarat Jharkhand, Orissa, Himachal, Madhya predesh, Chhatishgarh etc BJP ruled States have already constituted STATE GO SEVA AYOG with statutory and financial powers. We are enclosing herewith constitution of few Boards for your kind perusal & action.
2. Please issue directions to Concerned authorities to Safeguard the cow & its progeny & other, milch & draught animals like buffalos, Camel etc. as protected under various Acts and Rules by Govt. of India and State laws.
3. Please provide complete security to all Goshala in Karnataka.
4. Please ensure the implementation of Karnataka Prevention of Cow Slaughter & Preservation Act, 1964 & other Acts & Rules as mentioned above in letter and spirit.
5. Please save lives of speechless animals by restricting internal and interstate animal transportation to slaughter houses by implementing above stated Acts and Rules.
6. Please Stop animal auction as done by different government organizations and institutions which are mostly going to slaughterhouses.
7. Please stop illegal encroachment of GOMALA LAND.
8. Please ban inter state transportation of fodder
9. Please provide Gomala land on lease to Goshalas for fodder cultivation.
10. Please allot land for construction of Gosalas from GOMALA LAND in different Taluks & Districts which shall work as infirmaries and local training & breed improvement Centre.
11. Please provide electricity to all Goshala at agriculture rates as being done in haryana and other states.
12. Please Involve Karantaka Goshala Mahasangh® in Policy, Planning & Implementation of different government Scheme for our active role.
13. Please CONSTITUTE Karnataka Go Seva Ayog and allot funds from state Budget & provide grant of RS. 25/- per animal per day to all Goshalas of Karnataka.
14. Please reconstitute Karnataka State Animal Welfare Board with public involvement and effective working . Karnataka State Animal Welfare Board was constituted in vide GO O. AHF 29 AHP 2002 Bangalore DT 20.7.2002 under the provisions of PCA Act but it has out lived its term.
15. Please declare firm policy addressing different requirements of Goshala & provide construction, technical & financial assistance as there is no Scheme implemented till date in this regard.
Sir, we are praying on behalf of more than 20 million cows & its progeny belonging to Karnataka, with great hopes, in your honor and pray humbly to consider our prayer to save the backbone of Indian rural economy, health & hygiene of next generation by preventing from cruelty & slaughter & persevering the cow & its progeny.
With blessings from With great hops & regards
Yours in service to speechless animals,
Sri Sri Sri Balagangadharnatha Mahaswamiji
Peethadhipati Dr. SK Mittal President
Sri Adichunchangiri Mahasamsthan Math & Hon. President Karnataka Goshala Mahasangh ®
National Executive Member BJP Govans Vikash prokost
Member & In Charge Karnataka & Kerala State Sub Committee
Animal Welfare Board of India-Min. of Env. & Forest, govt. of India
(Helping hands are more holier than speaking lips)
Enclosure:
1. Statutory Acts & Provisions
2. Copy of Constitution of Rajasthan & Chhatisgarsh Goseva Ayog
3. Copy of Recommendation of National Cattle Commission
Annexure Statutory Acts & Rules
Articles 48, 48-A and 51-A(g) of the Constitution read as under :-"48. Organization of agriculture and animal husbandry. The State shall Endeavour to organize agriculture and animal husbandry on modern and scientific lines and shall, in particular, take steps for preserving and improving the breeds, and prohibiting the slaughter, of cows and calves and other milch and draught cattle.
48-A. Protection and improvement of environment and safeguarding of forests and wild life.The State shall Endeavour to protect and improve the environment and to safeguard the forests and wild life of the country.
Fundamental duties 51-A (g)..It shall be the duty of every citizen of India to protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures;"
Indian Penal Code 429 puts rigorous punishment on mischief by killing, poisoning, maiming or rendering useless any elephant, camel, horse, mule, buffalo, bull, cow, or ox.
Prevention of Cruelty Act of 1960) was enacted to prevent cruelty to animals and its Rules regulates Transportation of Animals, Slaughterhouses, Establishment of Societies for Providing Compassion to Animals (SPCA) etc.
Transport of Cattle Rules 1965/1978/2001 & Sec 96(Rule).
RULE 74 of Karnataka Motor Rules, 1989 . has stipulated special permits, Speed regulation, Special body Fodder, Water, medicine arrangements apart from 2 Sq. Mtr space for each animal this provision restricts the loading of 4 to 5 animals in each truck. BUT more than 10 thousand Trucks are reported crossing inter state Boarders every month carrying more than 15-25 animals a visible crime un booked.
Karnataka Prevention of Cow Slaughter & Preservation of Cattle Act was enacted in 1964 providing complete security to Cow Calf & She Buffalo and He Cow & He Buffalo below 12 years.
Karnataka Prevention of Animal Sacrifice Act, 1959 Sec.2 Sacrifice means the killing or maiming of any animal for the purpose of any religious worship or adoration. Place of public religious worship means “ any place intended for use by, or accessible to, the public or section thereof for the purpose of religious worship or adoration. Sec.3 prohibition on sacrifice. “ No person shall sacrifice any animal in any place of public religious worship or adoration or its precincts or any congregation or procession connected with any religious worship in public street. (Explanation) For the purpose f Sec 3 & 4” Public street means a road, street, way or other place whether a through fare or not, to which the public is granted access or over which they have right to pass
Karnataka Agro Produce Marketing (APMC) Act has classified these animals under Schedule A ensuring legal transaction
Karnataka Motor Vehicle Rules and union Motor Vehicle Act have restricted transportation of these animals and apart from different provisions each animal has to be provided 2 Sq. Meter space i e. loading of more than 4 Cattle in a vehicle is illegal.
Karnataka Municipality Act Sec.87,91, 226,228. 232,242,243,244, 246, 251, 256,257,324 deals with Animals, slaughterhouse, illegal slaughter places. Health & hygiene.
Honorable Indian Legislature did their job by enacting Act & Rules on prohibition on Slaughter, restriction on transportation, Prevention on Sacrifice and Supreme Court of India in its famous Judgment in Ashutosh Lahri V/S W. Bengal & others even in upheld No cow sacrifice on Bakar id day and directed the Governments to stop this heinous, most cruel crime.
Constitution Bench consisting of 7 Honorable Judges of Honorable Supreme Court of India lead by Chief Justice RC Lahoti in its ORDER ON COW SLAUGHTER CASE NO.: Appeal (civil)4937-4940 of 1998 Dated 26/10/2005 discussed the Scenario at length and after addressing all relevant issues and objections, up held the complete ban on slaughter of Cow & its progeny.
In spite of such Acts, Rules and provisions app. 5 million Live Stock is sent to Slaughterhouses with in & outside State with app. Turnover of RS.16,000 Crore .
.... Note on Infirmaries......
The Enforcement & Implementation of Prevention of Cruelty to Animals Act , 1960 Section 35 states and rules there under is duty of State Govt. s.
(1) The State Government, may by general or special order appoint infirmaries for the treatment and care of animals in respect of which offences against this Act have been committed, and may authorize the detention therein of any animal pending its production before a Magistrate.
(2) The magistrate before whom a prosecution for an offence against this Act has been instituted may direct that the animals concerned shall be treated and cared for in an infirmary, until it is fit to perform its usual work or is otherwise fit for discharge, or that it shall be sent to a Pinjrapole, or if the veterinary officer in charge of the area in which the animal is found or such a veterinary officer as may be authorized in this behalf by rules made under this Act certifies that it is incurable or cannot be removed without cruelty, that it shall be destroyed.
(3) An animal sent for care and treatment to an infirmary shall not, unless the magistrate directs that it shall be sent to a Pinjrapole or that it shall be destroyed, be released from such place except upon a certificate of its fitness for discharge issued by the Veterinary Officer In-charge of the area in which the infirmary is situated or such other veterinary officer as may be authorized in this behalf by rules made under this Act.
(4) The cost of transporting the animal to an infirmary or Pinjrapole and of its maintenance and treatment in an infirmary, shall be payable by the district magistrate, or, in presidency-towns, by the commissioner of police; (Provided that when the magistrate so orders on account of the poverty of the owner of the animal, no charge shall be payable for the treatment of the animal. )
(5) Any amount payable by an owner of an animal under sub-section (4) may be recovered in the same manner as an arrear of land revenue,
(6) If the owner refuses or neglects to remove the animal within such time as a magistrate may specify, the magistrate may direct that the animal be sold and that the proceeds of the same be applied to the payment of such cost.
(7) The surplus, if any, of the proceeds of such sale shall, on application made by the owner within two months from the date of the sale be paid to him.
The Animals Rescued from Offenders of Prevention of Cruelty to Animals Act 1960 need immediate Veterinary care , food, water and shelter .These animals are treated as case property and need to be produced in the court. In many cases Animals rescued are Cows and Bullocks, but sheep and goats, Poultry ,Buffaloes, dogs, pigs, Birds etc are Difficult to maintain in Gaushalas and many times private Gaushalas and Pinjrapoles refuse to keep the other species than Cows due to Lack of arrangement, Space or due to some beliefs etc.
Since it is Govt, Property and needs safe Custody. The makers of PCA has given it importance ,which is often ignored by most of the States.:
Many states have notified the infirmaries and in many states the cows and its progeny is kept by Gausadans or Pinjrapoles etc. The Other species are most of the times given back on supuraddari by Police or Court as no institution or individuals come forward to take their charge, Hence the spirit of Prevention of Cruelty to Animals Act fails.
Many Organizations filed PILs in the Hon.ble Punjab & Haryana High Court and on Directions of Hon. High Court of Punjab and Haryana directed the respective State Govt.s to Set Up infirmaries and file affidavit in 1999..As a result Police also hesitate to book the case as it become impossible for them to care the rescued animals which are case property. Animal Welfare Board of India should stress the State Govt., to Setup the infirmaries or make them functional. Only this will help to check the cruelty.
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