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DOAHD-E-2022-00803, GNCTD-E-2022-09610, GOVGJ-E-2022-23018, MMSME-E-

2022-01085, MOEAF-E-2022-02142, 2022118635, 2022118635: Hey Ram!!!!!!!!!!!!!!!!

Resolutions:
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, remembering our founders, great visionary Late
Chaudhary Om Parkash Kadyan and Smt. Prem Kaur Dhankar, founder of PFA
Haryana

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).
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We the people, further adopted:

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.
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1. Resolution adopted by the General Assembly on 15 June 2007 of the United

Nation [without reference to a Main Committee (A/61/L.62 and Add.1)]
61/271. International Day of Non-Violence

The General Assembly,

Reaffirming the Charter of the United Nations,
including the principles and purposes contained therein,
Recalling its resolutions 53/243 A and B of
13 September 1999, containing the Declaration on a Culture
of Peace and the Programme of Action on a Culture of
Peace, 55/282 of 7 September 2001 on the International Day
of Peace and 61/45 of 4 December 2006 on the International
Decade for a Culture of Peace and Non-Violence for the
Children of the World, 2001–2010, as well as other relevant
resolutions,
Bearing in mind that non-violence, tolerance, full
respect for all human rights and fundamental freedoms for
all, democracy, development, mutual understanding and
respect for diversity are interlinked and mutually
reinforcing,
Reaffirming the universal relevance of the principle of
non-violence, and desiring to secure a culture of peace,
tolerance, understanding and non-violence,
1. Decides, with effect from the sixty-second session of
the General Assembly and guided by the Charter of the
United Nations, to observe the International Day of Non-
Violence on 2 October each year, with the International Day
being brought to the attention of all people for its
celebration and observance on this date;
2. Invites all Member States, organizations of the
United Nations system, regional and non-governmental
organizations and individuals to commemorate the
International Day of Non-Violence in an appropriate
manner and to disseminate the message of non-violence,
including through education and public awareness;
3. Requests the Secretary-General to recommend
ways and means by which the United Nations system and the
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United Nations Secretariat could, within existing resources,

assist Member States, upon request, in organizing activities
to commemorate the International Day of Non-Violence;
4. Also requests the Secretary-General to take
necessary measures, within existing resources, for the
observance by the United Nations of the International Day
of Non-Violence;
5. Further requests the Secretary-General to keep the
General Assembly informed at its sixty-third session of the
implementation of the present resolution, within the United
Nations system, as regards the observance of the
International Day of Non-Violence. 103rd plenary meeting
15 June 2007.
Gandhigiri:-
International Day of Non - Violence, adopted by the United Nations
Whips under class 18 of Trademark: A long thin piece of leather, etc. with a handle that
is used for making animals go faster and for hitting people as a punishment.

Trade Mark No Class Application Date Trade Mark Proprietor Name

2851534 18 27/11/2014 KHADI KVIC
346104 18 20/02/1979 KHADI GRAMODYOG KVIC
2854728 18 02/12/2014 KHADI INDIA KVIC
3863689 18 19/06/2018 KHADI INDIA KVIC
KHADI INDIA WITH THE
4324962 18 18/10/2019 KVIC
DEVICE OF CHARKHA
Trademarks Pending:

Trade Mark No Class Application Date Trade Mark Proprietor Name

917377 18 11/04/2000 KHADI KVIC
KHADI BHARAT
4635850 18 01/09/2020 SHUDDHATA KA PRATEEK KVIC
WITH DEVICE OF CHARKHA
Refusal:

3980129 18 22/10/2018 HARKHADI (LABEL) HARYANA KHADI AND VI BOARD

KVIC, prohibit the sale of catapult, treated as against Gandhian values but KVIC
submitted following documents to obtained Trademark, under class 18, as stated above:
1. Affidavits, related to engage in the activities, under class 18, including whips.
2. Affidavit required under Rule 25 of the Trademark Rules, 2017.
3. KVIC admitted, that they are not engage in the activities, against the values of
Gandhian ideology and philosophy.
4. Contradictions in the false claim of KVIC, tendering affidavit, keeping in view
Rule 25 of the Trademark Rules, 2017.
Statement of user in applications:
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(1) An application to register a trademark shall, unless the trademark is

proposed to be used, contain a statement of the period during which, and the
person by whom it has been used in respect of all the goods or services
mentioned in the application.
(2) In case, the use of the trademark is claimed prior to the date of
application, the applicant shall file an affidavit testifying to such use along
with supporting documents.
Violations, breaching public trust, contradiction with criminal conspiracy:
Trade Marks Act, 1999:
1. Section 102: Falsifying and falsely applying trademarks.
2. Section 103: Penalty for applying false trademarks, trade descriptions, etc.
3. Section 104: Penalty for selling goods or providing services to which false trade
mark or false trade description is applied.
4. Section 105: Enhanced penalty on second or subsequent conviction.
5. Section 111: Forfeiture of goods.
6. Section 115: Cognizance of certain offences and the powers of police officer for
search and seizure.
Whereas, 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, I
being CNC, Scouts and Guides for Animals and Birds, confirmed that KVIC, neither
engaged nor any proposal, to involve in the activities against Gandhian values.
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.

STOP discrimination, treating animals as goods, commodity, vehicle and agriculture

products, violated IPC, as stated below:

Indian Penal Code, 1860:

As per section 47:

"animal" denotes any living creature, other than a human being.
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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.

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.
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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
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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:
1. Hey Ram!!!!!
2. Unconditional apology to holy soul of Bapu Mohandas Karemchand Gandhi.
3. Satyagraha till last breath, against treating animals as goods, vehicle, commodity
and agriculture product, without restoring their 5 freedoms, subjected to co-
existence basic principles of nature, all around on this Universe.
With scouting spirits, in the interest of cause, without gain and profits ………

Petitioner’s Address Signature

Baby Viyana Berwal C- 38, Rose Apartment,

Prashant Vihar, sector- 14,
Via her grandparents ….. Rohini, Delhi- 110085.
www.scoutingindia.in
1. Naresh Kadyan WhatsApp: 9813010595
Mobile App:
2. Smt. Sharda Khatkar Scouts and Guides for Animals and Birds
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