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Section 36 Limitation - FIR Against Gujarat Animal Welfare Board For Stunning Before Animal Slaughtering

The document is a complaint addressed to the AWBI regarding illegal slaughterhouses in Gujarat, emphasizing the need for community policing to combat animal cruelty. It cites multiple inspection reports confirming violations of animal welfare laws and requests the cancellation of licenses for these slaughterhouses. The author, a seasoned animal welfare activist, urges immediate action from law enforcement to enforce compliance with animal welfare regulations and protect the rights of animals.

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Naresh Kadyan
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0% found this document useful (0 votes)
38 views88 pages

Section 36 Limitation - FIR Against Gujarat Animal Welfare Board For Stunning Before Animal Slaughtering

The document is a complaint addressed to the AWBI regarding illegal slaughterhouses in Gujarat, emphasizing the need for community policing to combat animal cruelty. It cites multiple inspection reports confirming violations of animal welfare laws and requests the cancellation of licenses for these slaughterhouses. The author, a seasoned animal welfare activist, urges immediate action from law enforcement to enforce compliance with animal welfare regulations and protect the rights of animals.

Uploaded by

Naresh Kadyan
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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To, 28-2-2025

Chairman / Secretary, AWBI.

Subject: Limitation of crime against animals- Complaint in good faith –


Community Policing as scouting: Break criminal syndicate among all public
servants of Gujarat Animal Welfare Board with illegal slaughterhouse of
Ahmedabad, Rajkot and Surat Municipal Corporations. Cancellation of CTE and
CTO of the slaughterhouses, during the Observance of Animal Husbandry and
Animal Welfare Awareness Month, 2025 and cracking down as per point 8 of the
duties and functions of the State Committee, preventing treating animals –
livestock as goods.

References:

Ethics:

1. Article 51A of Indian Constitution.


2. Rule 3 of the Veterinary Council of India Standard of Professional
Conduct, Etiquette and Code of Ethics, for Veterinary Practitioners
Regulations, 1992.

Inspection Reports of Slaughter Houses, confirming violations, as stated above:

1. Inspection report dated 15-9-2022, 2-2-2024 and 16-1-2025 of Jamalpur


Slaughterhouse of AMC: Ahmedabad Municipal Corporation, animals are
being slaughtered without stunning.
2. Inspection report dated 3-2-2023 and 18-1-2025 of slaughterhouse, run
and managed by the Rajkot Municipal Corporation, animals are being
slaughtered without stunning.
3. Inspection report dated 1-5-2023 and 22-1-2025 of slaughterhouses at
Salabatpura and Inspection report dated 1-5-2023 and 22-1-2025 of
slaughterhouses at Randor, run and managed by the Surat Municipal
Corporation, without stunning.

Memorandum

Being an active part of Community Policing as man of many achievements and


distinctions: Voice for voiceless: Fighter by spirit: Jat by birth: Philanthropist
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by profession: Activist by mission: Cobbler by qualification: Scouting by


passion: Humanitarian by choice: Gandhian by vision and action, habitual khadi
wearers and speaking truth, performing fundamental duties, as social reformer,
compassionate citizen, and unpaid labour for flora and fauna, with our mission:
Conservation beyond imagination, during the Golden Jubilee years of activism,
nothing for gain and profit, Whistleblower for community service, it is humbly
submitted that:

1. I am a retired non-official Member, State Committee for Slaughter Houses,


Department of Urban and Local Bodies (Govt. of Haryana), established as
per directions of Hon’ble Supreme Court of India, in CWP No. 309 of 2003.
2. I am a Master Trainer in Animal Welfare, decorated by the Govt. of India,
retired as Commissioner, Bharat Scouts and Guides, Haryana.
3. Lifetime working as Chief National Commissioner, Scouts and Guides for
Animal and Birds, along with National Authority for Animal Welfare, OIPA:
Indian People for Animals.
4. I had been CPCSEA nominee, Nodal Inspecting Authority for Haryana and
adjoining Rajasthan, for Animal Welfare Division (Govt. of India) and
Inspecting Authority for Animal Welfare Board of India, for Haryana and
Punjab, as per item No. 3 of 39th AGM of AWBI, keeping in view the
recommendations of Screening Committee of AWBI.
5. I had been volunteers of Wildlife Crime Control Bureau, and Convener of
Animal Welfare Political Party, political wing for flora and fauna, and AWBI
- NIAW Alumni Association.
6. International Union for Conservation of Nature: IUCN - 2021-2025:
Member, Commission on Education and Communication / CEC Nature for
all Network / CEC Reimagine Conservation Network / CEC Nature
Education for Sustainability Network / CEC Youth Engagement, and
Intergenerational Partnerships.

Five liberties of animals, as upheld by the Supreme Court of India, as legal


advisory, read with section 3 of the PCA Act, 1960. Extracts of some Paras of
Supreme Court order dated 18.5.2023 in WP (C) No. 23 of 2016 and AWBI
endorsed orders passed in SLP (C) No.11686 of 2007: Chapter 7.1.2 of the
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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.

Halal versus haram, system of animal slaughtering without stunning-

1. Cruel animal transportation as goods, breaching public trust,


violating section 2(2) of BNS, read with section 2 and 3 of the
Prevention of Cruelty to Animals Act, 1960 and article 51A of Indian
Constitution.
2. Judicial Advisory of Constitutional Bench of Supreme Court,
related 5 freedoms. Compendium issued in CWP 309 of 2003, of
Supreme Court.
3. Rule 3 of the Veterinary Council of India Standard of Professional
Conduct, Etiquette and Code of Ethics, for Veterinary Practitioners
Regulations, 1992.
4. Regulatory Compliances for Slaughter houses and Meat Shops.
5. Prevention of Cruelty to Animals (Animal Husbandry
Practices and Procedures) Rules, 2023.
6. Section 2(d) of the Prevention and Control of Infectious and
Contagious Diseases in Animals Act, 2009: “Compulsory
vaccination” means vaccination of any animal against any
scheduled disease in respect of which vaccination is made
mandatory under the provisions of this Act.
7. Central Motor Vehicle (Eleventh Amendments) Rules, 2015, Central
Motor Vehicle (13th Amendment) Rules, 2016, and Central Motor
Vehicle (13th Amendment) Rules, 2018, read with the Indian
Standards: Transport of Livestock – Code of Practice and pre-
transport permit - Rule 96 of Transport of Animals Rules, 1978,
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amended in 2001 and 2009.


8. Discrimination and contradiction.
A). Section 2(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
B). Section 2 and 3 of Prevention of Cruelty to Animals Act, 1960.
C). Carriage by Road Act, 2007 - Motor Vehicles Act, 1988
D). Section 2 (25) “goods” includes animal, defined under the
Gujarat Provincial Municipal Corporations Act, 1949
9. Strict compliance: National Accreditation Board for Certification
Bodies – NABCB / Streamlining of Halal Certification Process for
Meat and Meat Products.
10. Prevention of Cruelty to Animals (Establishment and Regulation
of Societies for Prevention of Cruelty to Animals) Rules, 2001.
11. Prevention of Cruelty to Animals (Slaughter House) Rules, 2001.
12. Food Safety and Standards (Food Products Standards and Food
Additives) Regulation, 2011 / Food Safety and Standards
(Licensing and Registration of Food Businesses) Regulation, 2011
/ Food Safety and Standards (Prohibition and Restriction of Sales)
Regulation, 2011.

As per definition of slaughter and slaughterhouses, under the Prevention of


Cruelty to Animals (Slaughter House) Rules, 2001:

b) “Slaughter” means the killing or destruction of any animal for the


purpose of food and includes all the processes and operations
performed on all such animals in order to prepare it for being
slaughtered.
c) “Slaughter house” means a slaughter house wherein 10 or more
than 10 animals are slaughtered per day and is duly licensed or
recognised under a Central, State or Provincial Act or any rules or
regulations made thereunder.

2. Animals are being slaughtered adopting haram process of slaughtering,


violating Rule 6 of the Prevention of Cruelty to Animals (Slaughter House) Rules,
2001 and 2010, read with the Regulation of AWBI, related to slaughterhouses.
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3. Rule 4.0 and 4.1 of the Food Safety and Standards (Licensing and
Registration of Food Businesses) Regulations, 2011, are badly violated and
accepted.

Prayers:

Directions for Gujarat Police, at Ahmedabad / Rajkot and Surat, to lodge FIR
against the in charge of the Gujarat Animal Welfare Board, Suman Tower,
sector- 11, Gandhinagar with functionaries of slaughterhouse of the
Ahmedabad / Rajkot / Surat Municipal Corporation, for the violation of the
article 48 and 51A of the Indian Constitution, read with Crack down unlawful
slaughterhouses, at once, confiscating all concerned equipment’s, records,
freezing bank accounts, rescue all abused animals.

Basic Requirement for an Abattoir (Second Revision), Bureau of Indian


Standards, bearing No. IS: 4393: 2016 – Reaffirmed 2020 and 2022.

1. Rule 6(4) of the Prevention of Cruelty to Animals (Slaughter House)


Rules, 2001.
2. Rule 4.0 and 4.1 of the Food Safety and Standards (Licensing and
Registration of Food Businesses) Regulations, 2011.
3. AWBI Regulatory Compliances for Slaughter houses and Meat Shops,
read with Prevention of Cruelty to Animals (Animal Husbandry
Practices and Procedures) Rules, 2023.
4. Section 61(2), 223, 241, 270, 325 of the Bharatiya Nyaya Sanhita, 2023
5. Section 36 of the Prevention of Cruelty to Animals Act, 1960.

Gross negligence in overall supervision, related to orders passed by the Hon’ble


Supreme Court, as on dated 23-8-2012 / 27-8-2013, and 6-3-2014, in CWP 309 of
2003, read with compendium, whereas stunning is mandatory.

As per orders passed by the Hon’ble Supreme Court in CWP No. 309 of 2003, as
on 23-8-2012, read with stunning discussion as on 6-3-2014:

Functions of the State Committee for Slaughter Houses so constituted


may be as following:
1. to identify and prepare a list of all the Slaughter Houses (S.H.s) located
within the local self Govt. (Municipal Corporations, Panchayats etc.)
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2. to call for reports from the District Magistrate or the Dy. Commissioner
and District Food Safety Inspector as the case may be on the
condition/functioning of the S.H.s and also on the compliance of the
relevant applicable laws.
3. to recommend modernization of old slaughter houses (S.H.s) and to
relocate S.H.s which are located within or in close proximity of a
residential area.
4. to recommend appropriate measures for dealing with solid waste,
water/air pollution and for preventing cruelty to the animals meant for
slaughter.
5. to carry out surprise & random inspections of S.H.s regularly and to issue
directions for compliance of the recommendations that may be made by
it.
6. to send bi-annual reports on the state S.H.s to the Central Committee and
to refer issues that may require Central Committee recommendations or
Central Govt. assistance.
7. to accord final approval for licensing of S.H.S to Local Self Govt.
8. to identify on an ongoing basis, the unlicensed slaughter houses in the
region, and other unlicensed, unlawful establishments where animals are
being slaughtered, on howsoever a small scale, and take the help of the
District Magistrate and other law enforcement agencies to crack down on
the same.
9. To check for child labour.

Convener, Animal Welfare Political Party, Master Trainer in


Animal Welfare to Govt. of India Naresh Kadyan, Chief
National Commissioner, Scouts & Guides for Animals &
Birds, National Authority for Animal Welfare, OIPA: Indian
People for Animals, Retired Commissioner, Bharat Scouts
and Guides, Haryana / Ex-Member, State Committee for
Slaughterhouses, Haryana, C- 38, Rose Apartment, Sector-
14, Rohini, Delhi -110085.
WhatsApp: 9813010595, Email: [email protected]
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Viyana Berwal, designated as Brand Ambassador


to support the issue of stunning

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