Immediate attention, to resolve the issue, as on or before August 15, 2022:

1. Hon’ble Minister of Road Transport and Highways.

2. Hon'ble Minister of Fisheries, Animal Husbandry and Dairying.
3. Hon’ble Lt. Governor of Delhi.

Resolve that:

1. Regulate the definition of goods, omitting animals and livestock.

2. Regulating 5 freedoms of animals, halal process of slaughtering with stunning,
issue advisory, under section 10 of Prevention of Cruelty to Animals Act, 1960.
3. Issue advisory on educational purpose, under section 9(k) of the Prevention of
Cruelty to Animals Act, 1960, relating to panchgavya, adopting cow as National
Cattle of India, and honey bee as National Insects of India.
Greetings,
Blessings of my visionary parents, Late Chaudhary Om Parkash Kadyan and Smt.
Prem Kaur Kadyan, founders of People for Animals – PFA Haryana.
On behalf of Baby Viyana Berwal daughter of Smt. Sukanya Berwal, based at
Ahmedabad in Gujarat, with Abhishek Kadyan and Smt. Suman Malik, based Canada.

Animals, being living creatures, including livestock, poultry and cattle

Versus

Goods, vehicle and poultry as agriculture product, violating their 5 legal

freedoms

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

distinctions: Voice for voiceless: Fighter by spirit: Jat by birth: Philanthropist by
profession: Activist by mission: Humanitarian by choice, Gandhian by vision and
action, being habitual khadi wearers and scout warrior, speaking truth as passion, it is
humbly submitted, that:
Azadi Ka Amrit Mahotsav is an initiative of the Government of India to
celebrate and commemorate 75 years of independence and the glorious history of
its people, culture and achievements.

Article 51A of the Indian Constitution, defined Fundamental duties:

It shall be the duty of every citizen of India –
(g) to protect and improve the natural environment including forests, lakes,
rivers and wild life, and to have compassion for living creatures.
During the celebrations, Scouts and Guides for Animals and Birds with OIPA: Indian
People for Animals, which are fighting hard for animals, restoring their 5 freedoms, but
adopted mechanism of Indian Government, have contradiction and discriminations,
violated human rights, animal rights as well, being right of life. STOP discrimination,
treating animals as goods, violated IPC, as stated below:
Indian Penal Code, 1860:
As per section 47:
"animal" denotes any living creature, other than a human being.
Prevention of Cruelty to Animals Act, 1960:
As per section 2 (a):
"animal" means any living creature other than a human being.

As per the Carriage by Road Act, 2007:

Section 2: Definitions –
 In this Act, unless the context otherwise requires:
(e) “goods” includes
(i) containers, pallets or similar articles of transport used to consolidate goods
and
(ii) animals or livestock.

Motor Vehicles (Amendment) Act, 2019

National Road Safety Board:
Section 215B.
(1) The Central Government shall, by notification in the Official Gazette, constitute a
National Road Safety Board consisting of a Chairman, such number of representatives
from the State Governments, and such other members as it may consider necessary and
on such terms and conditions as may be prescribed by the Central Government.
(2) The National Board shall render advice to the Central Government or State
Government, as the case may be, on all aspects pertaining to road safety and traffic
management including, but not limited to:
(a) the standards of design, weight, construction, manufacturing process, operation and
maintenance of motor vehicles and of safety equipment.
(b) the registration and licensing of motor vehicles.
(c) the formulation of standards for road safety, road infrastructure and control of
traffic.
(d) the facilitation of safe and sustainable utilisation of road transport ecosystem.
(e) the promotion of new vehicle technology.
(f) the safety of vulnerable road users.
(g) programmes for educating and sensitising drivers and other road users and
(h) such other functions as may be prescribed by the Central Government from time to
time.
Power of Central Government to make rules:
Section 215C:
(1) The Central Government may make rules for the purposes of carrying into effect the
provisions of this Chapter.
(2) Without prejudice to the generality of the foregoing power, such rules may provide
for:
(a) the use of electronic forms and means for the filing of documents, issue or grant of
licence, permit, sanction, approval or endorsements and the receipt or payment of
money as referred to in section 211A.
(b) the minimum qualifications which the Motor Vehicles Department officers or any
class thereof shall be required to possess for appointment as such, as referred to in sub-
section (4) of section 213.
(c) the terms and conditions of appointment of Chairman and Members of the National
Road Safety Board under sub-section (1) of section 215B.
(d) the other functions of the National Road Safety Board under sub-section (2) of
section 215B and
(e) any other matter which is to be, or may be, prescribed, or in respect of which
provision is to be made by rules by the Central Government.

Section 215B of the Motor Vehicles (Amendment) Act, 2019 provides for constitution of
National Road Safety Board to advice the Central Government or State Government, as
the case may be, on all aspects pertaining to road safety and traffic management
including, but not limited to,

(i)      the standards of design, weight, construction, manufacturing process,

operation and maintenance of motor vehicles and of safety equipment

(ii)     the registration and licensing of motor vehicles

(iii)    the formulation of standards for road safety, road infrastructure and
control of traffic

(iv)    the facilitation of safe and sustainable utilisation of road transport

ecosystem

(v)     the promotion of new vehicle technology

(vi)    the safety of vulnerable road users

(vii)   programmes for educating and sensitising drivers and other road
users; and

(viii) such other functions as may be prescribed by the Central Government

from time to time.

Accordingly, the Ministry has notified constitution of the National Road Safety Board
along with Rules thereof on 3rd September, 2021.

The rules empowers the board to constitute as many Technical Working Groups as it
may consider necessary for the efficient discharge of its functions.

Ministry of Road Transport and Highways (MoRTH), has initiated a World Bank
funded project namely e-Detailed Accident Report (e-DAR) (erstwhile Integrated Road
Accident Database (iRAD)) with support of Indian Institute of Technology (IIT),
Madras and National Informatics Centre Services Incorporated (NICSI) to establish a
uniform accident data collection mechanism in the Country. The purpose of this project
is to establish a central repository for reporting, management and analysis of road
accidents data across the Country to understand the causal factors of the accident and
formulate interventions and policies to facilitate reduction in road accidents.

This information was given by the Union Minister for Road Transport and Highways,
Shri Nitin Gadkari in a written reply in the Lok Sabha.

Notification for constitution of National Road Safety Board:

Ministry of Road Transport & Highways has notified constitution of the National Road
Safety Board, along with Rules thereof, on 3 rd September, 2021. The Rules specify
provisions regarding its composition , eligibility for Chairman and Members of the
Board, selection process, term of office, procedure for resignation and removal, powers
and functions of the Board, meetings of the Board etc.

The Head Office of the Board shall be in the National Capital Region and the Board
may establish offices at other places in India. It shall consist of the Chairman and not
less than three, but not exceeding seven Members, to be appointed by the Central
Government.

The Board shall be responsible for promoting road safety, innovation and adoption of
new technology and for regulating traffic and motor vehicles. For this purposes, inter
alia, the Board shall -

i. Formulate (a) specific standards for road safety, traffic management and
road construction for hilly regions (b) guidelines for capacity building and
development of skills for traffic police, hospital authorities, highway
authorities, educational and research organizations and other organizations
(c) guidelines for establishing and operating trauma facilities and para-
medical facilities, for consideration by the Central Government.
ii. provide technical advice and assistance to the Central Government, State
Governments and local authorities on road safety and traffic management.
iii. promote (a) Good Samaritans (b) good practices in road safety and traffic
management (c) new vehicle technology in the field of vehicular engineering
(d) co-ordination with international organizations and (e)consistency
between international technical standards and domestic technical standards,
iv. conduct research to improve road safety, traffic management, crash
investigation.

Extracts of some Para’s of Supreme Court order dated 7.5.2014 in SLP (C) No.11686 of
2007:
51. When we look at the rights of animals from the national and international
perspective, what emerges is that every species has an inherent right to live and shall be
protected by law, subject to the exception provided out of necessity. Animal has also
honour and dignity which cannot be arbitrarily deprived of and its rights and privacy
have to be respected and protected from unlawful attacks.
52. Universal Declaration of Animal Welfare (UDAW) is a campaign led by World
Society for the Protection of Animals (WSPA) in an attempt to secure international
recognition for the principles of animal welfare. UDAW has had considerable support
from various countries, including India. WSPA believes that the world should look to
the success of the Universal Declaration of Human Rights (UDHR) to set out what
UDAW can achieve for animals. Five freedoms referred to in UDAW, which we will
deal with in latter part of the judgment, find support in PCA Act and the rules framed
thereunder to a great extent.
53. World Health Organization of Animal Health (OIE), of which India is a member,
acts as the international reference organisation for animal health and animal welfare.
OIE has been recognised as a reference organisation by the World Trade Organisation
(WTO) and, in the year 2013, it has a total of 178 member countries. On animal welfare,
OIE says that an animal is in good state of welfare if (as indicated by Scientific
evidence) it is healthy, comfortable, well nourished, safe, able to express innate
behaviour and if it is not suffering from unpleasant states such as pain, fear and
distress.
FREEDOM:
54. Chapter 7.1.2 of the 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.
Food and Agricultural Organisation (FAO) in its “Legislative and Regulatory Options
for Animal Welfare” indicated that these five freedoms found their place in Farm
Welfare Council 2009 U.K. and is also called Brambell’s Five Freedoms. These five
freedoms, as already indicated, are considered to be the fundamental principles of
animal welfare and we can say that these freedoms find a place in Sections 3 and 11 of
PCA Act and they are for animals like the rights guaranteed to the citizens of this
country under Part III of the Constitution of India.
55. Animals are world-wide legally recognised as ‘property’ that can be possessed by
humans. On deletion of Article 19(1)(f) from the Indian Constitution, right to property
is more a fundamental right in India, this gives the Parliament more a leeway to pass
laws protecting the rights of animals. Right to hold on to a property which includes
animals also, is now only a legal right not a fundamental right. We have also to see the
rights of animals in that perspective as well.
56. Rights guaranteed to the animals under Sections 3, 11, etc. are only statutory rights.
The same have to be elevated to the status of fundamental rights, as has been done by
few countries around the world, so as to secure their honour and dignity. Rights and
freedoms guaranteed to the animals under Sections 3 and 11 have to be read along with
Article 51A(g)(h) of the Constitution, which is the magna carta of animal rights.
 COMPASSION:
57. Article 51A (g) states that it shall be the duty of citizens to have compassion for
living creatures. In State of Gujarat v. Mirzapur Moti Kureshi Kassab Jamat and
Others (2005) 8 SCC 534, this Court held that by enacting Article 51A (g) and giving it
the status of a fundamental duty, one of the objects sought to be achieved by Parliament
is to ensure that the spirit and message of Articles 48 and 48-A are honoured as a
fundamental duty of every citizen. Article 51A(g), therefore, enjoins that it was a
fundamental duty of every citizen “to have compassion for living creatures”, which
means concern for suffering, sympathy, kindliness etc., which has to be read along with
Sections 3, 11(1)(a) & (m), 22 etc. of PCA Act.
HUMANISM:
58. Article 51A (h) says that it shall be the duty of every citizen to develop the scientific
temper, humanism and the spirit of inquiry and reform. Particular emphasis has been
made to the expression “humanism” which has a number of meanings, but increasingly
designates as an inclusive sensibility for our species. Humanism also means, understand
benevolence, compassion, mercy etc. Citizens should, therefore, develop a spirit of
compassion and humanism which is reflected in the Preamble of PCA Act as well as in
Sections 3 and 11 of the Act. To look after the welfare and well-being of the animals and
the duty to prevent the infliction of pain or suffering on animals highlights the
principles of humanism in Article 51A (h). Both Articles 51A (g) and (h) have to be read
into the PCA Act, especially into Section 3 and Section 11 of the PCA Act and be
applied and enforced.
RIGHT TO LIFE:
62. Every species has a right to life and security, subject to the law of the land, which
includes depriving its life, out of human necessity. Article 21 of the Constitution, while
safeguarding the rights of humans, protects life and the word “life” has been given an
expanded definition and any disturbance from the basic environment which includes all
forms of life, including animal life, which are necessary for human life, fall within the
meaning of Article 21 of the Constitution. So far as animals are concerned, in our view,
“life” means something more than mere survival or existence or instrumental value for
human-beings, but to lead a life with some intrinsic worth, honour and dignity.
Animals’ well-being and welfare have been statutorily recognised under Sections 3 and
11 of the Act and the rights framed under the Act. Right to live in a healthy and clean
atmosphere and right to get protection from human beings against inflicting
unnecessary pain or suffering is a right guaranteed to the animals under Sections 3 and
11 of the PCA Act read with Article 51A(g) of the Constitution. Right to get food,
shelter is also a guaranteed right under Sections 3 and 11 of the PCA Act and the Rules
framed thereunder, especially when they are domesticated. Right to dignity and fair
treatment is, therefore, not confined to human beings alone, but to animals as well.
Right, not to be beaten, kicked, over ridder, over-loading is also a right recognized by
Section 11 read with Section 3 of the PCA Act. Animals have also a right against the
human beings not to be tortured and against infliction of unnecessary pain or suffering.
Penalty for violation of those rights are insignificant, since laws are made by humans.
Punishment prescribed in Section 11(1) is not commensurate with the gravity of the
offence, hence being violated with impunity defeating the very object and purpose of the
Act, hence the necessity of taking disciplinary action against those officers who fail to
discharge their duties to safeguard the statutory rights of animals under the PCA Act.
Prayers: DOAHD-E-2022-00431: MORTH/E/2022/11651

1. Supreme Court order dated 7.5.2014 in SLP (C) No.11686 of 2007, be

implemented and passed resolutions.
2. All 11 DSPCAs in Delhi, are directed to ask National Road Safety Board, to
advice, whether animal be treated as goods, in right or wrong?
3. All 11 DSPCAs in Delhi, to deliver, as per their mandate, act as per section 9(k)
and 10 of the Prevention of Cruelty to Animals Act, 1960, to Issue advisory,
regulating animals are living creatures instead goods, restoring their 5 freedoms,
to comply Supreme Court orders, in CWP No. 309 of 2003, on dated 27-8-2013,
regulating animal transportation in a special vehicle.
4. All 11 DSPCAs in Delhi, recommending to amend the Carriage by Road Act,
2007, omitting animal - livestock, from the definition of goods.
5. Animal Welfare Board of India, to deliver, as per their mandate, act as per
section 9(k) and 10 of the Prevention of Cruelty to Animals Act, 1960, to Issue
advisory, regulating animals are living creatures instead goods, handle them
with respect and dignity, restoring their 5 freedoms.
6. STOP discrimination’s, treating animals and livestock, defined as goods, under
the Carriage by Road Act, 2007, all 11 DSPCAs are directed to pass resolution.
7. Implement and strictly compliance of the Delhi Police standing orders No. 31 of
2000, along with compendium regulating as per CWP No. 309 of 2003.
8. As you may deems fit.

With Scouting spirit ………

Petitioner’s Address Signature

 
C- 38, Rose Apartment,
Baby Viyana Berwal Prashant Vihar, sector- 14,
Rohini, Delhi- 110085.
Through her grandpa www.scoutingindia.in
WhatsApp: 9813010595
Naresh Kadyan Mobile App:
Scouts and Guides for Animals and Birds