PIL to ban Elephant polo / Elephant abuse moved by Naresh Kadyan and supported by PETA India.
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Transcript of PIL to ban Elephant polo / Elephant abuse moved by Naresh Kadyan and supported by PETA India.
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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT
JAIPUR
S. B. CIVIL WRIT (PIL) PETITION NO. /2006
Naresh Kumar Kadyan son of Shri Om Prakash ji Kadyan
aged about 46 years resident Haryana C/o 153-C, Tiger
House, Jadon Nagar-A, Jaipur-18
Petitioner
Versus
1. The Chief Secretary, Government of Rajasthan,
Central Secretariat, Jaipur.
2. The Principal Chief Conservator of Forest,
Rajasthan, Vaniki Path, Van Bhawan, Jaipur.
3. Chief Wild Life Warden, And Chief Conservator of
Forest, Vaniki Path, Van Bhawan, Jaipur.
4. The Director General of Police, Rajasthan,
Jaipur.
Respondents
S. B. CIVIL WRIT PETITION UNDER ARTICLE
226 OF THE CONSTITUTION OF INDIA.
AND
IN THE MATTER OF ARTICLE 14, 48-A,
51A (g) OF CONSTITUTION OF INDIA.
AND
IN THE MATTER OF WILD LIFE
(PROTECTION) ACT, 1972
AND
IN THE MATTER OF THE PREVENTION OF
CRUELTY TO ANIMALS ACT, 1960
AND
IN THE MATTER OF PERFORMING ANIMALS
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(REGISTRATION) RULES, 2001
AND
IN THE MATTER OF PERFORMING ANIMALS
RULES 1973
AND
IN THE MATTER OF PREVENTION OF CRUELTY
TO ANIMALS (TRANSPORT OF ANIMALS ON
FOOT) RULES, 2001
To
The Honble Mr. Sachchidanand Jha,
Chief Justice and his other companion Judges
of the Rajasthan High Court Bench at Jaipur.
MAY IT PLEASE YOUR LORDSHIPS,
The humble petitioner most respectfully begs to
submit as under:-
1. That the petitioner is Chairman of People
for Animal, Haryana a registered society for
welfare of the animals, and is a man
involved in many programs, which are
relating to Forest Conservation, and
betterment of Animals Life and protection of
the Wild Life and developing a cruelty free
environment for the animals in the country.
2. That to Protect and improve the environment
and safeguard of forests and wild life, the
Parliament of India inserted the Article 48-
A in the Constitution of India by the
Constitution (42nd Amendment) Act, 1976 in
Part IV of the Constitution of India, which
reads as under:-
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The State shall endeavor to protect and
improve the environment and to safeguard the
forests and wild life of the country.
3. That the Government of India, in the year
1972 promulgated THE WILD LIFE (PROTECTION)
ACT, 1972 (Act No. 53 of 1972) to provide
the protection to the wild animals, birds
and plants and for matters connected
therewith or ancillary or incidental thereto
with a view to ensuring the ecological and
environmental security of the county. The
object of the Act was the rapid decline of
Indias wild animals and birds one the
richest and most varied in the world, has
been a cause of grave concern and to protect
the ecological and environmental security
constitute a Wild Life Advisory Board for
each State, regulate hunting of wild animals
and birds.; lay down the procedure for
declaring areas as Sanctuaries, National
Parks etc.
4. The Government of India in the year 1960 has
also promulgated the Prevention of Cruelty
to Animals Act, 1960 with object to prevent
the infliction of unnecessary pain or
suffering on animals and for that purpose to
amend the law relating to the Prevention of
Cruelty to animals and to make a cruelty
free environment for animals in the country.
As per section 38 of the Act of 1960 the
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Central Government has powers to make the
Rules.
5. That as per section 39 of the Wild Life
Protection Act provides that Wild Animals
etc. to be government property and sub-
section (3)(b) of the section 39 provides
that No person shall without the previous
permission in writing of the Chief Wild Life
Warden or the authorized officer transfer to
any person, whether by way of gift, sale or
otherwise.
6. Section 40(2) of the Act, 1972 provides that
No person shall, after the commencement of
this Act, acquire receive, keep in his
control, custody or possession, sell, offer
for sale, or otherwise transfer or transport
any animal specified in Schedule-1 or Part
II of Schedule-II, any uncured trophy or
meat derived from such animal, or the salted
or dried skin of such animal or the musk of
a deer or the horn of a rhinoceros, except
with the previous permission in writing of
the Chief Wild Life Warden or the authorized
officer.
7. That Section 41(2) of the Act of 1972
provides no person shall obliterate or
counterfeit any identification mark referred
to in this chapter.
8. That Section 42 of the Act of 1972 provides
that Certificate of ownership.- The Chief
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respect of those matters as he may think
fit, is satisfied that the license should be
granted.
(5) Every license granted under this section
shall specify the premises in which and the
conditions, if any, subject to which the
licensee shall carry on his business.
(6) Every licence granted under this section
shall
(a) be valid for one year from the date of
its grant;
(b) not be transferable; and
(c) be renewable for a period not exceeding
one year at a time.
11. That section 48(b) of the Act of 1972
provides that (i) capture any wild animal,
or (ii) acquire, receive, keep in his
control, custody, or possession or sell,
offer for sale, or transport, any captive
animal specified in Schedule-1 or Part-II of
Schedule II or any animal article, trophy or
uncured trophy, or meat derived therefrom,
or serve such meat, or put under a process
or taxidermy or make animal article
containing part or whole of such animal
except in accordance with such rules as may
be made under this act.
12. That section 48A of the Act of 1972 provides
that Restriction on transportation of Wild
Life. No person shall accept any wild life
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animal (other than vermin) or any animal
article, or any specified plant or part or
derivative thereof, for transportation
except after exercising due care to
ascertain that permission from the Chief
Wild Life Warden or any other officer
authorized by the State Government in this
behalf has been obtained for such
transportation.
13. That section 49A (a) of the Act of 1972
provides that Scheduled animal means an
animal specified for the time being in
Schedule I or Part II of Schedule II.
14. That section 49C (a)(ii), (b) (c) and 7 of
the Act of 1972 provides that (a) his stock,
if any, as at the end of the specified date
of (ii) Schedule animals articles; (b) the
place or places at which the stocks
mentioned in the declaration are kept; and
(c) the description of such items, if any,
of the stocks mentioined in the declaration
which he desires, to retain with himself for
his bonafide personal use. Provided that no
such item shall be kept in any commercial
premises. (7) No person other than a person
who has been issued a certificate of
ownership under sub-section (3) shall, on
and after the specified date, keep under his
control, sell or offer for sale or transfer
to (any person any scheduled animal or
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scheduled animal article or ivory imported
into India or any article made therefrom.
15. That section 51(1A) of the Act of 1972
provides that any person who contravenes any
provisions of Chapter V-A shall be
punishable with imprisonment for a term
which shall not be less than three years but
which may extend to seven years and also
with fine which shall not be less than ten
thousand rupees.
16. That the form No. 15 and 20 of Wild Life
(Protection)(Rajasthan) Rules 1977 is
certificate of ownership and application
form for renewal of licence.
17. That section 5 of Prevention of Cruelty to
Animals Act, 1960 provides that duties of
person having charge of animals- It shall be
the duty of every persons 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 paid or
suffering.
18. That section 11(1)(a) and (b) (h) (m) of
Prevention of Cruelty to Animals Act, 1960
provides that treating animals cruelty (1)
if any person (a) beats, kicks, over-rides,
over-loads, tortures or otherwise treats any
animal so as to subject it to unnecessary
pain or suffering or causes or, being the
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jungle/forests. Therefore the provisions
mentioned herein above are fully applicable
in the present matter which relates to
protection of Elephants.
22. That as per information more than 125 male
and female elephants is being used by the
persons who are either actual owners or
retainers of the elephants. They are using
these elephants to ride the tourists and
using it in marriages and other functions,
film shootings and polo matches etc.
23. The body structure of the elephant is not
suitable for polo play because it need fast
running and being heavy weight it cannot run
fast and due to poor eye sight, an elephant
is totally unfit for this game, which is
cruelty with this animal.
24. That it is pertinent to mention here that as
per opinion of the experts, the elephant can
survive in 30 decree centigrade temperature.
If it is kept in more than 30 decrees
centigrade, it will suffer from number of
diseases like foot root and due to this
disease slowly-slowly it becomes blind
because the design of the foot of the
elephant is suitable for walking on
vegetation which is soft with having normal
temperature but herein Jaipur they are being
used to walk on hard surface like Road and
rock area in Amer due to walking on hard
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surface they becomes blind and number of
blind elephants has been recorded in medical
checkup, which was organized by forest and
tourism department jointly and still these
elephants are being used frequently for the
above purposes which is also cruelty against
this animal.
25. That declaration and a certificate of
ownership should be as per provisions of
Wild Life Protection Act, 1972 and
registered as per provisions of Performing
Animals (Registration) Rules 2001 the
animals which are being used for the purpose
of entertainment, including film and equine
event which the public are admitted should
be registered under the Rules of 2001.
Elephants which are being used for carrying
tourist purposes, polo play and using in
films should be registered under the
provisions of Rules 2001.
26. That it is worth while to mention here that
as per information number of elephants are
not declared and not registered under the
provisions of Wild Life Protection Act, 1972
and they are registered on behalf of
photocopy and fake papers, which is not
being checked by the forest department and
issues certificate of ownership on behalf of
simple Photostat papers. Moreover, the
numbers of elephants are increasing day by
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day in the city illegally. These elephants
are being brought illegally.Purchasing and
selling of these animals is banned. Without
ownership certificate and with fake papers
number of elephants are being used in city
for carrying tourists and playing polo and
marriage functions also.
27. That it is pertinent to mention here that
the forest department installs a micro wave
chip on every elephant. The owner/retainer
of the elephant used to withdraw the chip
from one elephant and install on other
elephant which is totally illegal and there
is violation of the relevant Rules and
provision of the Act.
28. That the elephants which are being used for
the purpose of playing polo, carrying
tourists should be fit and required fitness
certificate of competent authority. Most of
the elephants which are being used for the
above purposes have no fitness certificate
and they are not fit for the purpose for
which these are being used.
29. That the persons are transporting the
elephants on foot and bring this animal from
nearby areas and no permission from any
authority for transport of elephant is being
taken under the provisions of The Transport
of Animals Rules, 1978 and the Prevention to
Cruelty to Animals (Transport of Animals
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tourists sustained injuries. In June 2003 an
elephant killed Prince Saini who was tourist
guide. In April 2005, an elephant rushed to
Mahavat for killing him, the Mahavat rescued
himself by entering in the premises of RTDC
office, the elephant was so aggressive, he
broke the wall of RTDC office. On 15.9.2005,
a female elephant named Laxmi killed Vinod
Lamba who was a travel agent and wounded
some foreign tourists. On 10.11.2006, a male
elephant named Ramu could not be controlled
by his owner and ultimately it destroyed the
number of public property and controlled by
Tranquilized gun by forest person. The
behave of these elephants show that if the
elephants are kept in using in adverse
conditions, then these type of incidents
will took place. Copy of the news items
published in the newspaper is enclosed
herewith and is marked as Annexure-1.
34. That there are provisions in the aforesaid
Acts and Rules for penalizing the persons
who violating the provisions and are doing
cruelty with this poor animal but no one has
been penalized so far.
35. That the petitioner sent a notice for demand
of justice dated 13.11.2006 to the
respondents but inspite of service of the
same nothing has happened. Copy of notice
for demand of justice dated 13.11.2006 is
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enclosed herewith and is marked as Annexure-
2.
36. That the other submissions will be urged at
the time of arguments.
37. That the petitioner has left with no
alternative and efficacious remedy except to
approach this Honble Court under its extra
ordinary jurisdiction under Article 226 of
the Constitution of India.
38. That the petitioner has not filed any such
writ petition prior to this either before
the Honble Court or before the Honble
Supreme Court of India.
39. Relief:
It is, therefore, most respectfully prayed
that the writ petition may kindly be allowed
and:-
(a) Issue an appropriate Writ, Order or direction,
the respondents to bring the entire record
relating to ownership of elephants and
ownership certificate of other animals and
trophies, Shawl derived from wild animals,
which have been registered under the provisions
of Act of 1972 the related permissions have
been issued for the purpose of performing and
display of elephants in polo and others places.
(b) Issue an appropriate Writ, Order or direction,
the respondents may be directed to make strict
compliance of the Wild Life (Protection) Act,
1972, Prevention of Cruelty to Animals Act,
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1960, The Performing of Animals Rules 1973, The
Performing Animals (Registration) Rules, 2001,
The Prevention of Cruelty to Animal (Transport
of Animals on foot) Rules, 2001 and penalize
the persons who are violating these Act and
Rules.
(c) Issue an appropriate Writ, order or direction,
giving any other relief in the interest of
justice, which this Honble Court considers fit
and proper in the facts and circumstances of
the case.
(d) Cost of the Writ Petition be awarded.
40. Interim Relief:
That the petitioner has filed by above named
writ petition wherein petitioner has every hope
of success. In case the persons who are using
the elephant unauthorized and illegally in play
of polo, shooting and riding on Amer Fort is not
stayed the poor elephant will suffer cruelty. It
is therefore most respectfully prayed that your
lordships will be pleased to issue an
appropriate order by staying the use of the
elephant in play of polo, shooting and riding on
Amer Fort during the pendency of writ petition
before this Honble Court.
Any other order which this Honble Court
thinks fit and proper in the facts and
circumstances of the case, may kindly be granted
in favor of the petitioner.
HUMBLE PETITIONER
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THROUGH COUNSEL
(DR. MAHENDRA SINGH KACHHAWA)
ADVOCATE
Notes:
1. No such writ petition has previously been filed.
2. PF Notices and extra copies will be filed ordered
by the Hon'ble Court.
3. Typed in my office by my private steno.4. Since pie papers were not available hence typed
on stout papers.
5. Vires are not being challenged under this Writ
Petition.
COUNSEL FOR THE PETITIONER
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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT
JAIPUR
S. B. CIVIL WRIT (PIL) PETITION NO. /2006
Naresh Kumar Vs. State of Rajasthan and Ors.
AFFIDAVIT IN SUPPORT OF WRIT PETITION
I, Naresh Kumar Kadyan son of Shri Om Prakash ji
Kadyan aged about 46 years resident Haryana C/o 153-C,
Tiger House, Jadon Nagar-A, Jaipur-18, do hereby take
oath and state as under:-
1. That I am petitioner in this writ petition, so I
am well conversant with the facts of the case.
2. That the Writ Petition has been drafted by my
counsel under my instructions. I have gone
through the contents of the writ petition and
understood the same.
3. That the statement of facts mentioned in para No.
1 to 40 of the Writ Petition are true and correct
to my personal knowledge and submissions made
therein are based on legal advice, which I verily
believe to be true.
VERIFICATION
I the above named deponent do hereby verify on
oath that contents of para No. 1 to 3 of my above
affidavit are true and correct to my personal
knowledge. Nothing material has been concealed therein
and no part thereof is false.
So help me God.
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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT
JAIPUR
S. B. CIVIL WRIT (PIL) PETITION NO. /2006
Naresh Kumar Vs. State of Rajasthan and Ors.
AFFIDAVIT IN SUPPORT OF DOCUMENTS
I, Naresh Kumar Kadyan son of Shri Om Prakash ji
Kadyan aged about 46 years resident Haryana C/o 153-C,
Tiger House, Jadon Nagar-A, Jaipur-18, do hereby take
oath and state as under:-
1. That I am petitioner in this writ petition, so I
am well conversant with the facts of the case.
2. That the annexed documents Annexure-1 to
Annexure-2 are true, correct and exact copies of their
respective originals.
VERIFICATION
I the above named deponent do hereby verify on
oath that contents of para No. 1 and 2 of my above
affidavit are true and correct to my personal
knowledge. Nothing material has been concealed therein
and no part thereof is false.
So help me God.
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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT
JAIPUR
S. B. CIVIL WRIT (PIL) PETITION NO. /2006
Naresh Kumar Vs. State of Rajasthan and Ors.
INDEX
Sr. No. Particulars Page No.
1. Writ Petition 1 to 17
2. Affidavit in support of writ petition 18
DOCUMENTS
1. Annexure-1 News item published in Patrika 19
2. Annexure-2 Notice for demand of justice 20 to 26
AFFIDAVIT IN SUPPORT OF DOCUMENTS 27
COUNSEL FOR THE PETITIONER
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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT
JAIPUR
S. B. CIVIL WRIT (PIL) PETITION NO. /2006
Naresh Kumar Vs. State of Rajasthan and Ors.
Synopsis
That the petitioner is Chairman of People for
Animal, Haryana a registered society for welfare
of the animals and he is chairman of People for
Animals, and is a man involved in many programs,
which are relating to Forest Conservation, and
betterment of Animals Life and protection of the
Wild Life and developing a cruelty free
environment for the animals in the country.
That the elephant is schedule Ist animal listed
in Wild Life Protection Act, 1972 and it requires
protection in its natural habitants, which is
dense and deep jungle/forests. Therefore theprovisions of Wild Life Protection Act, and
Prevention of Cruelty to Animals, Act, 1960 and
other Act and Rules are fully applicable in the
present matter which relates to protection of
Elephants and cruelty to this poor animal.
That the persons who are owing and registered
owners of elephants are violating the provisions
of the Act and Rules and but not one has been
penalized so far.
That the petitioner sent a notice for demand of
justice dated 13.11.2006 to the respondents but
inspite of service of the same nothing has
happened.
Hence this writ petition.
COUNSEL FOR THE PETITIONER
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