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IN THEIR OWN RIGHT – Calling for Parity in Law for Animal Victims of Crimes A CITIZENS’ REPORT DEMANDING RIGHTS FOR ANIMALS IN INDIA in collaboration with Foreword by Justice (Retd.) K.S.P. Radhakrishnan Table of Contents I. Summary 1 Key Recommendations 6 Methodology 8 Key Findings of the Report 11 II. Unjust Laws: Violence Not Cruelty 14 A. Do animals have a right to be protected against violence? 15 B. Colonial Legacy: Unnecessary Suffering and Pain 16 C. Post-Independent Disposition of Animal Cruelty 19 D. Indian Constitution: Compassion and Dignity for Animals 24 E. Practical Difficulties in Law Enforcement 26 F. Limitations of Section 428/429 IPC to prosecute crimes against animals 30 III. COMPANION ANIMAL ABUSE 31 A. Companion Animals 32 B. Legal Framework 36 C. The Breeding Industry 38 IV. Pet Trade 44 A. Pet Shops and Markets 44 B. Online sale of pets 46 C. Illegal Wildlife Trade 47 V. Animals at Home 48 A. Neglect and Confinement 48 B. Abandonment 51 VI. Working Captive Animals 56 A. Animal Labour as Coerced Work 59 B. Legal Framework 59 C. Use as Traditional Labour 61 D. Superstition 76 E. Begging Animals 77 VII. Street Animals 82 A. Cruelty and Kindness 84 B. Debates over Animal Birth Control 87 C. ABC Rules versus Municipal Laws 88 VIII. Culture of Violence 96 A. Animal Sexual Assault 97 B. The Vermin Exception 105 C. Findings on everyday cases of assault on animals 106 D. Honouring the Animal Victims of Assault 109 IX. Conclusion & Recommendations 111 Acknowledgments 115 Foreword by Justice (Retd) K.S.P Radhakrishnan I have gone through the report documenting and analysing the crimes committed against animals during the period of 2010-2020 against the three main categories: companion, working and street animals. All the three chapters of this report are meticulously structured after an in-depth study and analysis of untold cruelty meted out to this species, blowing in the wind all natural human instincts. The caption of the report “In their own right” is a clear message to the humanity that animals have equal, if not superior, rights over human species. Humans are violating even the constitutional rights guaranteed to the animals under Article 21, 51 (g), Article 48, Article 48 (A), etc. with impunity. Humans and animals are members of the same ecosystem and share space, time and resources like water, air, light, etc. None is superior to other. Face to face, animals are stronger than humans, though humans are superior in terms of intellect, but with their evil and iniquitous behaviour, humans subjugate animals to all sorts of miseries for their pleasure and convenience. This attitude of humans cannot be tolerated in a civilized society. I am sure this report will be an eye-opener, if humans have eyes and ears, and bring out proper legislative measures to which animals are entitled as a matter of right and not as charity. Justice (Retd.) K.S.P. RADHAKRISHNAN Appendix 1 Working animal table - 20 different kinds of practises, 100 cases of abuse and violence S No. Date Location Animal Practice/Incident A. ANIMALS AS GUARDS 1. 01.01.2010 Kanpur, Langur The Employees State Insurance Corporation, Uttar Kanpur, had hired Mangal Singh, a 10 year old Pradesh langur from Lucknow, for Rs 10,000 a month to keep monkeys away from the ESIC campus.1 2. 23.01.2013 Pawal, Langur A langur was badly abused by RPS-Vikas Group Haryana Company, who were keeping the langur tied to a pole to repel monkeys.2 3. 11.07.2015 Ongole, Langur Ongole Municipal Corporation is using langurs to Andhra s scare away monkeys.3 Pradesh 4. 14.12.2019 Ghaziabad, Langur Four adult langurs were found stuffed in a gunny Uttar bag and dumped in the corner of a train toilet. Pradesh Having travelled for almost 10 hours, the animals were gasping for breath when they were rescued by a forest department team. They were being smuggled from Lucknow in a Delhi-bound train. Three persons were arrested. The accused said the langurs would have been sold in the Seelampuri market, where they are bought by RWAs and offices that are troubled by monkeys.4 5. 22.02.2020 Agra, Uttar Langur The security agencies have deployed five langurs on Pradesh the route of Trump's convoy to tackle monkeys.5 1 Threatened by monkeys, Agra hires monkeys; The Telegraph Online; November 15, 2018; https://www.telegraphindia.com/india/threatened-by-monkeys-agra-hires-monkeys/cid/1675428 2 https://www.youtube.com/watch?v=FkE27_XG58o 3 Tamed langurs to scare away unruly monkeys; The Hindu; November 7, 2015; https://www.thehindu.com/news/national/andhra-pradesh/tamed-langurs-to-scare-away-unruly- monkeys/article7852969.ece 4 Four langurs rescued from a gunny bag in train toilet; The Times of India; December 14, 2019; https://timesofindia.indiatimes.com/city/ghaziabad/four-langurs-rescued-from-a-gunny-bag-in-train- toilet/articleshow/72555705.cms 5 Five langurs added to Trump's security team for his visit to Taj Mahal in Agra; India Today; February 22, 2020; https://www.indiatoday.in/amp/trending-news/story/five-langurs-added-in-trump-s-security-team-for-his-visit-to-taj- mahal-in-agra-1649064-2020-02-22?fbclid=IwAR1sEaE7Nagvihmd-CEamTwNtUWJ99S73ouZjkHrWpFzbp2H-iqprYyWgnQ 116 S No. Date Location Animal Practice/Incident B. SUPERSTITION AND ANIMAL VICTIMS 6. 10.10.2016 Delhi Indian "We have rescued hundreds of Neelkant birds Roller with their feet chopped. These birds were Birds captured from the forests and taken to Delhi and other cities. The sellers earn a hefty amount of over Rs 5,000 only to provide a glimpse of the bird,” said Abhinav Srihan of Fauna Police. Certain section of Hindus worship these birds, particularly during Diwali, and the poachers make quick bucks.6 7. 01.12.2017 Haridwar, Monitor Hatha Jodi was being sold in various shops which Uttarakhand lizard were selling articles for worship in Haridwar, Rishikesh and Dehradun. The shopkeepers said it was plant material and was used in poojas, especially during Deepavali, and a few people were also using it in tantric poojas. The samples purchased were tested and turned out to be the genitalia of Bengal monitor lizards7. 8. 25.06.2018 Bhopal, Frogs Complaint lodged against Minister of State for Madhya Woman and Child Development Lalita Yadav for Pradesh organising a wedding of two frogs at a temple to appease rain gods. Both frogs were mishandled, adopting cruel and abusive manner.8 6 'Tantriks sacrifice owls': Activists raise the alarm over illegal sale of owls and Indian rollers during Diwali; Mail Online India; October 10, 2016; https://www.dailymail.co.uk/indiahome/indianews/article-3829726/Tantriks-sacrifice-owls- Activists-raise-alarm-illegal-sale-owls-Indian-rollers-Diwali.html 7 Wildlife forensics in battle against veneration frauds in Uttarakhand, India: Identification of protected Indian monitor lizard in items available in the local market under the name of Hatha Jodi; https://www.tandfonline.com/doi/full/10.1080/23802359.2018.1501284?scroll=top&needAccess=true& 8 FIR sought against Madhya Pradesh minister for 'forcible' wedding of frogs; The Times of India; June 25, 2018; https://timesofindia.indiatimes.com/city/bhopal/fir-sought-against-madhya-pradesh-minister-for-forcible-wedding-of- frogs/articleshow/64735942.cms 117 S No. Date Location Animal Practice/Incident 9. 27.10.2019 Ghaziabad, Owls The Ghaziabad Police caught two men smuggling Uttar five rare owls cramped in plastic bucket, worth Pradesh around Rs 1 crore. The owls were being delivered to an occultist for sacrifice during the night of Diwali. Mail Today found several private accounts on social media websites, especially Facebook where people were openly selling owls ranging from Rs.10,000 up to several lakhs. Also some pet shop owners, who usually sell fish and aquariums, were illegally arranging owls for their customers. Jama Masjid has become a hub where people buy owls with an ease.9 10. 03.01.2020 Kutch, Spiny More than 300 spiny tailed lizards have allegedly Gujarat tailed been killed in Bhuj. Activists believe that Sanda lizards lizards are killed for their tails to extract a special kind of oil, which is used to heal bone diseases and increase sexual stamina. Sanda lizards are protected under Schedule II of the Wildlife Protection Act.10 C. HARD LABOUR AND ANIMALS 11. 17.05.2010 Pune, Bulls Bullock carts transporting sugarcane to Shri Maharashtra Chhatrapati Cooperative Sugar Factory were being overloaded; they were forced to pull up to 4,500 kg when they should pull no more than 1,800 kg. The animals were whipped and forced to work for long periods in extreme temperatures. The police failed to act even though the carts passed right in front of the police station. Judicial Magistrate First Class (Indapur Taluka), Pune, has ordered the police to probe the allegations.11 9 Grotesque! Killing owls for Diwali Good Luck; India Today; October 27, 2019; https://www.indiatoday.in/mail- today/story/grotesque-killing-owls-for-diwali-good-luck-1613212-2019-10-27 10 300 spiny-tailed lizards allegedly killed in Bhuj; India Today; March 1, 2020; https://www.indiatoday.in/india/story/gujarat-300-spiny-tailed-lizards-allegedly-killed-in-bhuj-1651243-2020-03-01 11 Probe cruelty to bullocks, cops told; The Indian Express; May 17, 2020; https://indianexpress.com/article/cities/pune/probe-cruelty-to-bullocks-cops-told/ 118 S No. Date Location Animal Practice/Incident 12. 29.11.2012 Agra, Uttar Camels Ill treatment of camels and horses used as Pradesh commercial transport near Taj Mahal. They are subjected to inhumane working conditions - harnessed to heavy carts to take tourists for joyrides, forced to stand in their own excreta as they are tied and have no place to move around and continuously beaten as they navigate heavy vehicular traffic.
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