HC gives green signal for tail docking, ear cropping of pet dogs

http://www.thehindu.com/news/national/tamil-nadu/hc-gives-green-signal-for-tail-docking-ear-cropping-of-pet-dogs/article4456192.ece

Docking the tail or cropping the ears of your pet dog does not amount to mutilation and cannot be treated as cruelty to the animal, the Madras High Court has ruled.

The court also ruled that neither the Animal Welfare Board of India (AWBI) nor the Veterinary Council of India has any authority to prohibit registered veterinarians from performing tail docking and ear cropping of certain breeds of pet dogs such as Doberman, Cocker Spaniel, Great Danes and Boxer at the request of their owners.

Allowing a writ petition filed by Kennel Club of India (KCI), Justice D. Hariparanthaman quashed a notice issued by the veterinary council on November 11, 2011, directing all registered veterinarians in the country to stop forthwith the practice of performing the two surgical procedures on pups. The notice had warned the veterinarians of stringent action if they were found to be continuing the practice.

It was issued on the basis of a letter written to the council by the AWBI Chairman who had opined that the surgical procedures cause mutilation and therefore amount to violation of the Prevention of Cruelty to Animals (PCA) Act 1960.

The chairman had also claimed that many countries including the United Kingdom had banned the two surgical procedures.

Assailing the notice, KCI contended that the two surgical procedures actually make the dogs look good and stay alert besides preventing ear infection and injuries on the tails.

Further, drawing an analogy, the petitioner club said that the chairman’s view was akin to declaring as illegal the act of people choosing to perform circumcision and piercing the ears and noses of their newborn children.

After recording submissions made by both sides, the judge said that tail docking and ear cropping would not amount to mutilating the pets and therefore dog lovers or owners could not be accused of such an offence.

Though the term ‘mutilation’ had not been defined under the PCA Act, the judge relied on the meanings found in various dictionaries to arrive at the conclusion.

Not wanting to go into the correctness of articles and books written about the two surgical procedures, Mr. Justice Hariparanthaman pointed out that the procedures were only regulated and not prohibited in the UK. The AWBI and the veterinary council had not disputed the fact that dogs belonging to the police department were also subjected to ear cropping and tail docking.

He stated that the notice under challenge was bad in law as the AWBI’s statutory role was restricted to advising the Centre. It was up to the Union Ministry of Environment and Forests to give effect to the advice by invoking its rule making power under Section 38 of the PCA Act. But no such rule had been framed with regard to the present issue.

To make things worse, the veterinary council had issued the notice on the basis of a letter written by the AWBI’s chairman alone and not the Board as such.

“In my view, the AWBI is different from chairman… Section 9 of the Act contemplates providing of advice by AWBI and not by the chairman… Hence, the advisory of the chairman cannot be treated as the decision of AWBI,” the judge added.

AWBI orders inspection of Amar Circus

NAGPUR: The Animal Welfare Board of India (AWBI), a statutory body constituted under the Prevention of Cruelty to Animals Act 1960, on Wednesday ordered inspection of upkeep of animals in Amar Circus camped at Kasturchand Park in the city.

The probe has been ordered on a complaint filed by Naresh Kadyan, chairman of People For Animals (PFA), Haryana, on May 25. S Vinod Kumaar, assistant secretary of AWBI, under the ministry of environment & forest (MoEF), has asked district collector to constitute a committee with SN Kapoor, who is co-opted member of the AWBI, along with one officer each from the forest and animal husbandry department.

Kapoor said he is in touch with the officials concerned and actual inspection will start after the constitution of the committee. District collector Saurabh Rao was busy with the guardian minister and hence was not available for comments.

The AWBI was constituted for the promotion of animal welfare generally and for the purpose of protecting animals from being subjected to unnecessary pain or suffering, in particular.

The AWBI has been registering performing animals in films, serials, circus under Performing Animals (Registration) Rules 2001. On May 13, 2004, Amar Circus was issued registration by AWBI for 4 elephants, 6 horses, 12 dogs, 1 hippo, 10 parrots, 4 camels and 1 bull.

The collector has been asked to carry out inspection as per Rule 14 of the Performing Animals (Registration) Rules and submit a report for each of the performing and sheltered animals in the Amar Circus.

The committee has been asked to look into animals' health, vaccination and veterinary treatment registers, proper feeding and watering, ownership certificate of animals, number of animals with species, condition of cages whether exhibiting in circus, whether special permission taken for breeding in cage, sufficient exercises undertaken or not and cruelty meted to animals if any.

Kadyan says, "In 2005 when Amar Circus was in Ludhiana in Punjab, we found that hippo was having opacity of eyes and he was not able to see. We got inspection done and performance of hippo was stopped. Making blind animals perform is cruelty. The circus virtually ran away from Ludhiana to Gurgaon. The same circus is now performing in Maharashtra."

On the contrary, Karishma Galani, animal welfare officer and in charge of PFA, Nagpur, says the PFA will oppose any move to rehabilitate the hippo. "We did an inspection of Amar Circus animals and found that animals were fed well," she said.

Another reason not to rehabilitate the animals is that there is no infrastructure with either the forest or the animal husbandry departments. "The animals are at least fed in the circus. They will be left to die if shifted elsewhere," Galani said.

Why Circus Hippos Are Blind?
The hippos are very large and ferocious animals. Its eyes are purportedly damaged so that control becomes easy, or may be due to dirty dingy water and atmosphere its eyes get infected leading to corneal opacity (cataract).

How To Check Hippo Vision?
Don't make noise or allow the circus people speak. Go silently towards its enclosure and show the animal food. If it opens mouth it's OK. If he doesn't it means something is wrong.

http://timesofindia.indiatimes.com/city/nagpur/AWBI-orders-inspection-of-Amar-Circus/articleshow/13912840.cms

Censor board to get more strict on animal welfare

When it comes to using animals in films, it looks like Indian filmmakers are in for even tougher times ahead. A letter from animal activist Maneka Gandhi to the Minister Of Information & Broadcasting Ms Ambika Soni has set of a flurry of activity in official quarters of the government. The letter dated 22 March 2012 from Ms Gandhi to Ms Soni clearly alleges that Bollywood film producers are "making a fool" of the Animal Welfare Board Of India (AWBI) and the censor board.

In the letter Maneka Gandhi says, "They (the producers) send a script but will not mention animal activity in India or will give wrong activity.Then when the film is shot they send the CD for approval to the AWBI without the schemes involving animals in it. The AWBI gives the NOC (No Objection Certificate) on the basis of the CD. The producer then reinstates the scenes and goes to the censor board with the NOC. These scenes are usually very violent. The censor board instead of questioning these scenes which are blatantly cruel, simply take it for granted that they have an NOC and pass the film."

The letter goes on to give the example of Sajid Nadiadwala's Housefull 2 where Akshay Kumar is seen wrestling crocodiles and a python.

Ms Gandhi also accuses some regional officers of the CBFC of "blatantly ignoring the rules." She cites the example of the Tamil film Adukulam where the rooster fights that were the film's mainstay had not been approved of by the AWBI.

The letter has triggered a flurry of debate within the censor board. A source from the censor board says there are radical changes on the anvil regarding the depiction of animals in Hindi films.

Says our source, "It will no longer be easy for filmmakers to bypass rules regarding animals. For example Nadiadwala shot the scenes with pythons and crocodiles outside India. That exempted the scenes with the animals from scrutiny and rectification by the AWBI and CBFC. The censor board is in the process of covering such loopholes."

http://timesofindia.indiatimes.com/entertainment/bollywood/news-interviews/Censor-board-to-get-more-strict-on-animal-welfare/articleshow/13685399.cms

'Jallikattu not a festival but a commercial event'

Sriram Balasubramanian

Trashing Tamil Nadu's bull-taming festival, Dr S Chinny Krishna, vice chairman Animal Welfare Board of India, say that Jallikattu is not just unjust to the bulls but is also illegal the way it is carried out. He spoke to Sriram Balasubramanian.

What are your thoughts on the Jallikattu festival in southern India?
It is not a 'festival'. A festival or gala is an event, usually and ordinarily staged by a local community, which centres on and celebrates some unique aspect of that community according to a commonly accepted definition.

Jallikattu is today a purely commercial event at which bulls are tortured. Only money, liquor and gambling play an important part in the event. As a proud Tamilian, I am ashamed that this takes place on the holy land on which our most revered sage, Tiruvalluvar, strode talking about kindness to animals.

Why do you think it has been practiced for such a long time?  
Sati and child marriage have been practiced for an even longer time.

Do you think the Supreme Court ruling has been followed by the people?  You are fully aware that it has not been followed by the administration or the people. You are aware that gross cruelty took place even last year and the Indian Express even published a close-up photograph of a participant rubbing chilli powder into the eyes of a bull. You are also aware of the number of deaths of participants and spectators, not to mention injuries to the terrified animals.

Is it good enough to provide mere guidelines?
This should be good enough if people and the administration are law abiding. However, in India where we have some of the best legislation in the world, enforcement is so lax or non-existent that the usual procedure seems to be to go back to the courts to get a direction to see that the law is enforced.

Is a step like banning this festival too radical in nature?
Of course not. We must learn to have zero tolerance for injustice in any form and Jallikattu comes not only as injustice to the bulls but is also illegal the way it is carried out. However, even if it were legally allowed, one cannot condone cruelty to animals, especially in the name of sport or religion.

Have you looked at the Spanish model where the Spanish still have bullfighting since it is a part of their cultural fabric?
Whether Spain uses bullfighting or not is irrelevant. We have a culture that is older than Spain's and my culture does not include cruelty. However, since you have mentioned it, may I tell you that the last bullfight in Catolonia in the heart of bullfighting territory was on January 3, since Catalonia has voted to ban bullfighting.

 

How do you plan to monitor this year's Jallikattu?
We are doing our best to ensure that the government of India notification on July 11, 2011, prohibiting the use of bulls as performing animals is enforced and that Jallikattu does not take place.

All district collectors have been repeatedly reminded about the notification and all have been made aware that the use of bulls as performing animals is banned. In the hearings before the Supreme Court, the Attorney General of India, Gopal Subramanium, and a battery of lawyers representing the state of Tamil Nadu in the case filed by the Animal Welfare Board of India accepted that these are indeed performing animals and, consequently, the Jallikattu bulls were got registered by the AWBI for last year's Jallikattu.

The AWBI cannot register them this year in view of the ministry's notification. Not even one of the approximately 1,000 bulls registered last year by us have fulfilled the terms and conditions under which registration was given. Documents as required after registration were not submitted as called for.

What are some of the steps that you intend to take to avert or reduce the impact on the animal during the festival time?  
We intend to stop it completely.

http://www.rediff.com/news/slide-show/slide-show-1-jallikattu-not-a-festival-but-a-commercial-event/20120116.htm 

State may soon see rebirth of SPCA units

ALAPPUZHA: The Society for Prevention of Cruelty to Animals (SPCA), which was constituted in every district in the state as per a Central directive, has not been functioning in Kerala since 2005. And though the Animal Welfare Board of India (AWBI) directed the state this May to reconstitute the society, no action has been taken in this regard so far.

This society, under AWBI, was set up in Kerala as per the Prevention of Cruelty to Animals Act 1960. The first SPCA unit in the state was set up in Palakkad in 1962. And the society was active in all districts till 2005. But now, nowhere is it functioning.

Kerala State Animal Husbandry Department (KSAHD) director Dr Vijayakumar R said his department had been allocating funds for the activities of the SPCA in each district till 1996."Later, the state government entrusted the job of allocating funds to district panchayats. But they stopped this practice from 2005 citing dearth of funds. Now, the government has again directed us to provide funds to the SPCA units along with district panchayats. We will soon reconstitute all the SPCA units," he said.

In a district, the collector and the district police chief are the chairman and vice chairman, respectively of the SPCA; and the chief veterinary officer is the convener. They are entitled to appoint 11 persons to various posts in the society, and may choose them from those actively working for the welfare of animals.

The main intention of a society is to prevent cruelty to animals and execute welfare schemes of the AWBI. Alappuzha collector Saurabh Jain disclosed that the district did not have an SPCA unit at present. Pathanamthitta collector P Venugopal and Kottayam collector Mini Antony also confessed that the units under their jurisdiction had become defunct, but claimed that the administration was taking action whenever a complaint was received.

"As per the AWBI directive, SPCA meetings should be conducted at least four times a year and every unit should submit an annual report on its activities to the Board,'' Dr Vijayakumar said. Dr J Mohan, additional director, KSAHD said lack of coordination and shortage of funds were the main reasons for SPCA units in the state becoming defunct.

Stop exhibition of animals: AWBI tells Jumbo Circus

The Animal Welfare Board of India (AWBI) on Friday suspended the performing animal registration of The Jumbo Circus, which is currently on in Patiala. The action follows complaints of cruelty to animals and subsequent inquiry into the allegations. 

Marking copies of the communiqué — a copy of which is with The Indian Express — to the said effect to state chief secretary, director general of police, chief wildlife warden, patiala deputy commissioner and patiala senior superintendent of police, the AWBI has asked the circus officials to stop exhibition of animals as an interim measure, pending inquiry. In case of non-compliance of the directions, the AWBI warned of legal action against the circus. The AWBI letter also stated that the circus did not send monthly reports of all performing animals and submit an “adequate corroboration” of having employed a full-time veterinarian. 

The circus had come under scanner when during an inspection, Panipat SDM (Civil) had noted that a hippo with corneal opacity (less vision) and dogs with docked tails were being used at the performances. After receiving complaints regarding general upkeep and maintenance of the animals and cruelty to them during transportation and training, the board had appointed an inspecting officer to look into the matter. 

It is learnt that in his report submitted to the board, Dr Sandeep Kumar Jain listed a number of irregularities. These included a horse Abas who was tied from both legs, another horse Deepak who as “sick and isolated”, a donkey Tunty was tied from both legs, three female camels tied in “open cold weather”, wings of a bird “clipped”, tails of dogs “docked” and hippopotamus Raja suffering from “chronic corneal opacity, who did not respond to the sight of food but only responded to the voice of keepers”.  

Jain also pointed out in the report that while one elephant Lucky Prashad “did not belong to Jumbo Circus”, another was tied from both feet.When contacted, Jumbo Circus official R P Sharma, however, claimed that they were yet to receive the AWBI communiqué. “Dr Sandeep Jain had conducted an inspection. After taking all necessary steps to overcome the discrepancies pointed to us, the circus is now following all norms. We have already gifted away the dogs with docked tails. The hippo is no more performing. Only one leg of the animal is tied and likewise there is no irregularity in the circus now,” he added.

Steps to bring new bill to strengthen Animal protection Act

Chennai, Dec 1 (PTI) Efforts are on to bring a new bill to strengthen the existing Animal Protection Act and make it more stringent and deterrent. "A draft bill to this effect is under consideration" of the government, Chairman of Animal Welfare Board of India Maj Gen R M Kharb told reporters here today. 

Lauding the Tamil Nadu government's landmark regulation banning the use of bulls in 'Jallikattu' (taming the bull) in the state, he hoped that this would curb the primitive and violent game that was harming humans as well as the animals. 

Expressing concern over the merciless killing of stray dogs in the name of eradicating rabies, Kharb said NGOs like the Blue Cross were striving to save these animals by taking up sterilization drive, which has yielded positive results in places like Chennai, Jaipur and Kalimpong. This sterilization drive needed to be expanded to other cities as well, he said. 

Noting that dairy companies in countries like Australia and New Zealand were trying to replace cows which gave 'A1' variety of milk with breeds that gave the healthier 'A2' variety, he expressed concern that these A1 variety cows were sought to be exported to developing countries such as India. Realizing the importance of conserving indigenous breeds of cattle, the Board has taken up local breed improvement programmes for the Goshalas in several states, he said adding the Board was also promoting organic farming and biogas production through these Goshalas. 

In order to sensitize children on issues related to animal welfare and animal rights, the Board has urged the Ministry of Human Resources Development to include animal welfare as a subject in the school curriculum. S Chinny Krishna, Vice-chairman of the AWBI, said a training programme for dog-catchers was underway to train them to handle the stray dogs in a humane way. He recalled the efforts of the Board to prevent camel slaughter during certain religious occasions and said police were directed to register FIRs in such cases relating to cruelty towards animals.

Cutting dog's tail can land you in jail

http://articles.timesofindia.indiatimes.com/2011-09-21/delhi/30184009_1_tail-awbi-practices

NEW DELHI: Just let your dog's tail be. Cutting it could land you behind bars, as the mutilation of pets for cosmetic reasons has been made an offence.

An advisory sent out by the Animal Welfare Board of India (AWBI) to veterinary councils , colleges, kennel clubs and other institutions likely to carry out such procedures states that practices like docking of tails and cropping of ears will now be punishable with a fine, or imprisonment, or both.

The AWBI acted on a Federation of Indian Animal Protection Organizations petition. Traditionally, Doberman, Boxer, Great Dane and Cocker Spaniel pups have been subjected to tail docking, but veterinarians say there is no reason for this practice to continue.

"Earlier, it was believed the tail would be a hindrance when the dogs went hunting, but now docking is done for purely cosmetic purposes. Many owners do not even know why they do this," said Dr Kunal Dev Sharma, veterinarian surgeon at Max Vets Dog and Cat Hospital.

"It all started with Kennel Club of India publishing an article in its magazine, Indian Kennel Gazette, that promoted tail-docking and earcropping practices. Our inhouse research showed these do not have a therapeutic value and were solely for cosmetic purposes," said Khushboo Gupta, media coordinator of FIAPO. Kennel Club of India said it would respond to the charge after a couple of days. 

Just let your dog's tail be. Cutting it could land you behind bars, as the mutilation of pets for cosmetic reasons has been made an offence.

The AWBI advisory states: "The practice of non-therapeutic tail docking and ear cropping is seen in the light of mutilation, which amounts to cruelty to animals as per Prevention of Cruelty to Animals Act 1960, and is, therefore , a punishable offence." Section 11 of the Act makes violations punishable with a fine of up to Rs 100.

"The violator can also be charged under section 428 of IPC that talks about maiming of animals," said Anjali Sharma , member and legal advisor , AWBI. This section allows for a jail term of up to two years.