Details for registration number: DOAHD/E/2022/00786

To, September 25, 2022

1. Committee on Petitions, Gujarat Legislative Assembly.

2. All Members of Parliament - Rajya Sabh and Lok Sabha, in Gujarat.
3. All Members of Legislative Assembly in Gujarat.
4. All berth holders of Gujarat Animal Welfare Board.
5. All berth holders of DSPCA in Gujarat.
6. All berth holders of Gauseva and Gauchar Vikas Board.
7. All berth holders of NAC for AHD sector.
8. Leaders of opposition, Legislative Assembly in Gujarat.

The petition of:

Baby Viyana Berwal via her grandparent’s
1. Naresh Kadyan, Master Trainer of AWBI, Convener of Animal Welfare
Party, Retired Commissioner of Bharat Scouts and Guides, Haryana, Chief
National Commissioner of the Scouts and Guides for Animal and Birds
www.scoutingindia.in along with National Authority for Animal Welfare,
OIPA: Indian People for Animals, Member of the IUCN Commission for
Education and Communication, C- 38, Rose Apartment, sector- 14, Rohini,
Delhi- 110085.
2. Smt. Sharda Khatkar, Commissioner of Maa Prem Kaur Memorial
Foundation, C- 38, Rose Apartment, Prashant Vihar, sector- 14, Rohini,
Delhi- 110085.

Distribution:

1. Transport Commissioner, Govt. of Gujarat.

2. Director of Animal Husbandry.
To, DOAHD/E/2022/00786 September 25, 2022
1. Committee on Petitions, Gujarat Legislative Assembly.
2. All Members of Parliament – Rajya Sabh and Lok Sabha, in Gujarat.
3. All Members of Legislative Assembly in Gujarat.
4. All berth holders of Gujarat Animal Welfare Board.
5. All berth holders of DSPCA in Gujarat.
6. All berth holders of Gauseva and Gauchar Vikas Board.
7. All berth holders of NAC for AHD sector.
8. Leaders of opposition, Legislative Assembly in Gujarat.

The petition of:

Baby Viyana Berwal via her grandparent’s

1. Naresh Kadyan, Master Trainer of AWBI, Convener of Animal Welfare Party, Retired
Commissioner of Bharat Scouts and Guides, Haryana, Chief National Commissioner of the
Scouts and Guides for Animal and Birds www.scoutingindia.in along with National Authority
for Animal Welfare, OIPA: Indian People for Animals, Member of the IUCN Commission for
Education and Communication, C- 38, Rose Apartment, sector- 14, Rohini, Delhi- 110085.
2. Smt. Sharda Khatkar, Commissioner of Maa Prem Kaur Memorial Foundation, C- 38,
Rose Apartment, Prashant Vihar, sector- 14, Rohini, Delhi- 110085.

Respectfully Sheweth:
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.

As per section 3 of the Prevention of Cruelty to Animals Act, 1960:

Duties of persons having charge of animals:

It shall be the duty of every person 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 pain or suffering.

During the celebrations, Animal Welfare Party: AWP, 1st Political Party in India, 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.

Biological Diversity Act, 2002:

Section 2(c) Biological resources, means plants, animals and micro-organisms or parts
thereof, their genetic material and by-products (excluding value added products) with
actual or potential use or value, but does not include human genetic material.
(f) Commercial utilization, means end uses of biological resources for commercial
utilisation such as drugs, industrial enzymes, food flavours, fragrance, cosmetics,
emulsifiers, oleoresins, colours, extracts and genes used for improving crops and livestock
through genetic intervention, but does not include conventional breeding or traditional
practices in use in any agriculture, horticulture, poultry, dairy farming, animal
husbandry or bee keeping.

Prevention and Control of Infectious and Contagious Diseases in Animals Act, 2009:

Section 2: Definitions: In this Act, unless the context otherwise requires:

Animal means, (i) cattle, buffalo, sheep, goat, yak, mithun; (ii) dog, cat, pig, horse, camel,
ass, mule, poultry, bees; and (iii) any other animal or bird as the Central Government
may, by notification, specify.

Central Goods and Services Tax Act, 2017:

Section 2(52). Goods, means every kind of movable property other than money and
securities but includes actionable claim, growing crops, grass and things attached to or
forming part of the land which are agreed to be severed before supply or under a contract
of supply.

Insecticides Act, 1968:

Section 3 - Definitions: In this Act, unless the context otherwise requires: Animals, means
animals useful to human beings and includes fish and fowl, and such kinds of wild life as
the Central Government may, by notification in the Official Gazette, specify, being kinds
which, in its opinions, it is desirable to protect or preserve.
Section 2 of the Motor Vehicles Act, 1988:
(13). GOODS, includes live-stock, and anything (other than equipment ordinarily used
with the vehicle) carried by a vehicle except living persons, but does not include luggage
or personal effects carried in a motor car or in a trailer attached to a motor car or the
personal luggage of passengers travelling in the vehicle.
(14). Goods carriage, means any motor vehicle constructed or adapted for use solely for
the carriage of goods, or any motor vehicle not so constructed or adapted when used for
the carriage of goods.
Section 2 of the Wild Life (Protection) Act, 1972:

(1) Animal, includes amphibians, birds, mammals and reptiles and their young, and also
includes, in the cases of birds and reptiles, their eggs.
(2) Animal article, means an article made from any captive animal or wild animal, other
than vermin, and includes an article or object in which the whole or any part of such
animal has been used, and ivory imported into India and an article made therefrom.
(5) Captive animal, means any animal, specified in Schedule I, Schedule II, Schedule III
or Schedule IV, which is captured or kept or bred in captivity.
(18A) Livestock, means farm animals and includes buffaloes, bulls, bullocks, camels,
cows, donkeys, goats, sheep, horses, mules, yaks, pigs, ducks, geese, poultry and their
young but does not include any animal specified in Schedules I to V.
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.
Under the Prevention of Cruelty to Animals Act, 1960, following Rules, were issued:

i). S.O.No.1056, [13/3/1979] - The Prevention of Cruelty (Capture of Animals) Rules,

1972.

ii). No.9-18/68-LD, [23/3/1965] - The Prevention of Cruelty to Draught and Pack Animals
Rules, 1965, amended 1968.

iii). No.9-18/62-LD, [23/3/1965] - The Prevention of Cruelty to Animals (Licensing of

Farriers) Rules, 1965.

iv). No. 35-4/72-LD.I, [22/5/1973] - The Performing Animals Rules, 1973.

v). No. 18-6/70-LDI, [23/3/1978] - The Transport of Animals Rules, 1978.

vi). No.14-21/76-LD.I, [15/2/1978] - The Prevention of Cruelty to Animals (Application of

Fines) Rules, 1978.

vii). No.14-20/76-LD.I, [30/11/1978] - The Prevention of Cruelty to Animals (Registration

of Cattle Premises) Rules, 1978.
viii). S.O. 732(E), [26/8/1998] - The Experiments on Animals (controls and Supervision)
(Amendment) Rules, 1998.

ix). S.O.1074, [15/12/1998] - The Breeding of and Experiments on Animals (Control and
Supervision) Rules, 1998.

x). S.O. 134(E), 15/2/2001 - The Breeding of and Experiments on animals (Control and
Supervision) Amendment Rules, 2001.
xi). S.O. 267(E), [26/3/2001] - The Performing Animals (Registration) Rules, 2001.

xii). S.O. 269(E), [26/3/2001] - The Transport of Animals (Amendment) Rules, 2001.

xiii). S.O. 270(E), [26/3/2001] - The Prevention of Cruelty to Animals (Slaughter House)
Rules, 2001.

xiv). S.O. 268(E), 26/3/2001 - The Prevention of Cruelty to Animals (Transport of Animals
on Foot) Rules, 2001.

xv). S.O. 271(E), 26/3/2001 - The Prevention of Cruelty to Animals (Establishment and
Regulation of Societies for Prevention of Cruelty to Animals) Rules, 2001.

xvi). S.O. 1256(E), [24/12/2001] - The Animal Birth Control (Dogs) Rules, 2001.
xvii). S.O. 35(E), 8/1/2002 - The Performing Animals (Registration) Amendment Rules,
2001.

xviii). S.O. 42(E), 10/01/2006 - Breeding of and Experiments on Animals (Control and
Supervision) Amendment Rules, 2005.

xix). S.O. 1818(E), 23/10/2006 - Breeding of and Experiments on Animals (Control and
Supervision) Amendment Rules, 2006.

xx). S.O. 2465(E), 22/09/2009 - The Transport of Animals (Amendment) Rules, 2009.

xxi). S.O. 1995 (E) [27/07/2010] - Prevention of Cruelty to Animals (Slaughter House)
Amendment Rules 2010.

xxii). S.O. 714(E), [26/03/2010] - Animal Birth Control (Dogs) Rules, 2009.

xxiii). S.O. 303 (E) [08/02/2011] - The Animal Birth Control (Dogs) Amendment Rules,
2010.
xxiv). GSR No. 496(E) Prevention of Cruelty to Animals (Dog Breeding and Marketing)
Rules, 2017.

xxv). G.S.R. 495(E) Prevention of Cruelty to Animals (Care and Maintenance of Case
Property Animals) Rules, 2017.

xxvi). G.S.R. 185 (E) Corrigendum of Prevention of Cruelty to Animals (Care and
Maintenance of Case Property Animals) Rules, 2017.
xxvii). G.S.R. 844(E) - The Prevention of Cruelty to Animals (Pet Shop) Rules, 2018.
 xxviii). G.S.R. 1141(E) - Corrigendum to the Prevention of Cruelty to Animals (Pet Shop)
Rules, 2018.
Notification:
i). G.S.R. 619(E), [14/10/1998] - The Prevention of Cruelty to Animals (Restricted to
Exhibit on Trained as a Performing Animals).

ii). G.S.R. 528 (E) the Prevention of Cruelty to Animals (Restricted to Exhibit or Trained
as a Performing Animals).
Rajya Sabha Report No. 325 of Department- Related
Parliamentary, Standing Committee on Transport, Tourism
and Culture, needs immediate attention.
Prayers:
1. To regulate, all unclaimed dog and cattle’s, straying in the jurisdiction of the Smart City
- Municipal Corporation, entered in the City, without toll or license and identification,
became burden and liability, on the Urban and Local Body, public nuisance, threat to
public life and property, carrier of disease as rabies.

2. To pass Conditional order for removal of public nuisance under section 133 in the Code
of Criminal Procedure, 1973, including stray animals, abandoned Monkey and Blue bulls,
ensuring their proper rehabilitation, as treatment, care and shelter.

3. To prevent, man - animal conflict, safeguarding their interest and rights, regulating the
Prevention of Cruelty to Animals Act, 1960 and all Rules, prohibiting Halal process of
slaughtering, without stunning.

4. Restoration of 5 freedoms for animals, keeping in view, order’s passed in SLP (C)
No.11686 of 2007, by the Hon’ble Supreme Court of India, regulating their lifetime
treatment, care and shelter, as per section 9(k) and 10 of PCA Act, 1960

5. Status for compliance of Compendium containing various standards, Rules and Statutes,
Governing the slaughter of animal and Management of Slaughter House, was prepared,
keeping in view, orders passed in CWP No. 309 of 2003, by the Hon’ble Supreme Court
of India.
Central Motor Vehicle (11th Amendments) Rules, 2015, allowed animal transportation
with dignity and respect, compassion as well, in a special vehicles, duly approved by the
Transport Department, keeping in view, the specification of the Bureau of Indian
Standards and Code.

6. Installation of animal scanner, preventing cruelty against animals, at each Toll Plaza.

7. All Biodiversity Management Committee’s be functional, along with the Infirmaries, and
DSPCAs, keeping in view, section 35 of the Prevention of Cruelty to Animals Act, 1960.

8. Restoration of Right to life, for all living creature, to breathe in healthy environment, to
drink safe water, removing single use plastic, from the market, ban its manufacturing,
stock, trading and use.

STOP discrimination, treating animals as goods, commodity, vehicle and agriculture products,
preventing halal process of slaughtering, without stunning.
Food Safety and Standards Act 2006:
1. Food Safety and Standards (Food Products Standards and Food
Additives) Regulation, 2011.
2. Food Safety and Standards (Licensing and Registration of Food
Businesses) Regulation, 2011.
3. Food Safety and Standards (Prohibition and Restriction of Sales)
Regulation, 2011.
4. Food Safety and Standards (Vegan Foods) Regulations, 2022.

9. Preventing commercial use of Biological Resources, keeping in view, Compendium of

Biological Diversity Act, 2002, Rules 2004 & Notifications.

10. Prevention of Cruelty to Animals (Elections of Members of Animal Welfare Board) Rules,
1961, needs immediate attention for implementation, in the interest of animals, at large.

11. Any suitable orders, deems fit.

With Scouting spirit ………

Petitioner’s Address Signature

Baby Viyana Berwal C- 38, Rose Apartment,

Prashant Vihar, sector- 14,
Via her grandparent’s Rohini, Delhi- 110085.
www.scoutingindia.in
1. Naresh Kadyan WhatsApp: 9813010595
Mobile App:
2. Smt. Sharda Khatkar Scouts and Guides for Animals and Birds
 Resolutions:
With the blessings of great visionary late Chaudhary Om Parkash Kadyan, Retired BDPO
with Smt. Prem Kaur Kadyan, founder of People for Animals – PFA Haryana.

We the people of India, holding berth in the Scouts and Guides for Animals and Birds, tirelessly working on
the following issues, without gain and profit, and resolved that to perform fundamental duties:

51A. Fundamental duties: It shall be the duty of every citizen of India:

(a) to abide by the Constitution and respect its ideals and institutions, the National Flag and the
National Anthem.
(b) to cherish and follow the noble ideals which inspired our national struggle for freedom.
(c) to uphold and protect the sovereignty, unity and integrity of India.
(d) to defend the country and render national service when called upon to do so.
(e) to promote harmony and the spirit of common brotherhood amongst all the people of India
transcending religious, linguistic and regional or sectional diversities; to renounce practices
derogatory to the dignity of women.
(f) to value and preserve the rich heritage of our composite culture.
 (g) to protect and improve the natural environment including forests, lakes, rivers and wild life,
and to have compassion for living creatures.
(h) to develop the scientific temper, humanism and the spirit of inquiry and reform.
(i) to safeguard public property and to abjure violence.
(j) to strive towards excellence in all spheres of individual and collective activity so that the nation
constantly rises to higher levels of endeavour and achievement.
(k) who is a parent or guardian to provide opportunities for education to his child or, as the case
may be, ward between the age of six and fourteen years. Ins. by the Constitution (Eighty-sixth
Amendment) Act, 2002, s. 4 (w.e.f. 1-4-2010).

1. Decisions adopted by the Conference of the Parties to the Convention on Biological Diversity at its
Eleventh Meeting, as NATURE PROTECTS IF SHE IS PROTECTED, endorsed by the Scouts and Guides
for Animals and Birds.
2. International Day of Non - Violence, adopted by the United Nations, endorsed by Scouts and
Guides for Animals and Birds www.scoutingindia.in
3. The Nice Classification (NCL), established by the Nice Agreement (1957), is an international
classification of goods and services applied for the registration of marks.
Intellectual property (IP) refers to creations of the mind, such as inventions; literary and artistic
works; designs; and symbols, names and images used in commerce.

Trade Mark Objectionable activities, against Negative list Objections: Gandhian values
Class 1 Agriculture, horticulture and forestry Negative list of KVIC
Class 5 Preparation for destroying vermin Violence: Gandhian values
Class 13 Firearms, ammunition and projectiles, explosives Violence: Gandhian values
Class 18 Whips: whereas Catapult was ban by KVIC Violence: Gandhian values
Class 20 Ivory, whalebone, shell, amber Criminal offense against wildlife
Class 28 Decorations for Christmas trees Discrimination
Class 29 Meat, fish, poultry, eggs Negative list of KVIC
Class 31 Live animals Negative list of KVIC
Class 33 Alcoholic beverages Negative list of KVIC
Class 34 Tobacco, smokers articles Negative list of KVIC

4. Contradiction, treating animals as goods, vehicle, commodity and agricultural product, introducing
proper vehicle to transport, restoring their 5 freedoms.
5. Cow as National Cattle of India and Honey Bee as National Insects of India, with protection under
the Wildlife Protection Act, 1972.
6. Animal Welfare Board of India, be replaced with the National Commission on Animal Welfare with
judicial powers.
7. Camel Transportation rules, regulating Force and Police animals with rehabilitation policy after
retirement.
8. Man animal conflict and their co-existence, preventing exploitation of honey bee.
9. Flora and fauna, publication and training for awareness.
10. Awards on the eve of the International Day of Non-Violence.