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Remembering Ch. Om Prakash Kadyan with Smt. Prem Kaur Dhankar

Brand Ambassador Viyana Berwal


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Cruel animal transportation - stunning before slaughtering can’t Halal, instead haram

Strict compliance of article 51 A of Indian Constitution, as fundamental duties –

Cruelty towards animals, including in their transportation, goes against the


principles of ethical treatment in Islam. In Islamic teachings, the concept of
"halal" (permissible) and "haram" (forbidden) extends beyond just food and
encompasses ethical treatment of animals. Practices that cause unnecessary
harm, stress, or cruelty to animals are considered contrary to Islamic values.
The mistreatment of animals during transportation, such as overcrowding, lack
of proper ventilation, and rough handling leading to injury or suffering, would
likely be considered haram in Islam due to the principle of kindness and
compassion towards all creatures. Islamic teachings emphasize the importance
of treating animals with care, mercy, and respect.
Efforts to ensure the well-being and humane treatment of animals during
transportation align with the broader principles of Islamic ethics and
compassion towards all living beings.
Stop contradiction and discrimination, keeping in view, 11(3)(e) of PCA Act-
1. AWBI communication, bearing No. 9-5/2023-24/0007/PCA,
dated 26-6-2023.
2. National Green Tribunal OA 214 of 2021, orders passed on
the compliance of Inspection Reports: E.A. No. 10/2023.
3. Delhi Police standing order No. 31 of 2022.
4. All functional 11 DSPCA in Delhi, along with Infirmaries.
5. Hon’ble Delhi High Court verdict in W.P.(C) 2316/2017.
Hon’ble Supreme Court of India, direction in CWP No. 309
of 2003, on dated 27-8-2013, read with the Compendium
prepared. Verdict of Hon’ble Delhi High Court in W.P.(C)
2045/2022, related to Camels of BSF, from Rajasthan to
Delhi and back, shifted in goods transport vehicle, instead
special vehicles, duly approved by RTAs.
6. Prevention of Cruelty to Animals (Slaughter House) Rules,
2001, and 2010
7. Food Safety and Standards (Licensing and Registration of
Food Businesses) Regulations, 2011. Food Safety and
Standards Act, 2006.
8. Guidelines on Access to Biological Resources and Associ-
ated Knowledge and Benefits Sharing Regulations, 2014,
under the Biological Diversity Act, 2002.
9. The Food Safety and Standards (Food Products Standards
and Food Additives) Regulations, 2011 under the Food
Safety and Standards Act, 2006, wherein definition of ani-
mals is given, and approved.
As per sub-regulation 2.5.1 (a)"animal" means an animal be-
longing to any of the species specified below:
(i) Ovines (sheep).
(i) Caprines (goats or goat-antelopes).
(ii) Suillines (pig family).
(iii) Bovines (Mithun, ox and cow including buffalo).
(iv) Domestic Rabbits (Oryctolagus cuniculus) and includes poultry and fish.
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Hon’ble Supreme Court of India, verdict on 5 freedoms for animal, SLP (C) No.11686 of
2007, read with WP (C) No. 23 of 2016, being judicial advisory:
Chapter 7.1.2 of the guidelines of OIE, recognizes five inter-
nationally 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.
Ritual Slaughter: Meat of Camel, not hygienic for human consumption as food -
Ritual slaughter is slaughter done according to the religious requirements of
either the Jewish (sachet) or Muslim (Halal) and Hindu (Jhatka) religious faith.
The animal is slaughtered, with / without being stunned, with a razor-sharp
knife. When the cut is done correctly, the animal appears not to feel it. From
an animal welfare standpoint, the major concerns during ritual slaughter are
the stressful and cruel methods of restraint (holding) that are used in some
plants. Progressive slaughter plants use devices to hold the animal in a com-
fortable, upright position. For both humane and safety reasons, plants which
conduct ritual slaughter should install modern upright restraining equipment.
The census of livestock in Delhi or any region is typically conducted for administra-
tive and statistical purposes to understand the population, demographics, and over-
all management of animals. It doesn't directly relate to the permission or regulations
regarding animal slaughtering for domestic consumption or export.
In India, regulations concerning the slaughter of animals for meat consumption and
export are governed by various laws and regulations, including state-specific rules
and national legislation like the Prevention of Cruelty to Animals Act, 1960, and the
Food Safety and Standards Act, 2006.
Each state in India might have its own regulations regarding the slaughter of animals
for consumption and export. Additionally, regulations concerning the export of meat
products outside India also involve compliance with international standards and
agreements.
The slaughtering of animals for domestic consumption or export, especially for com-
mercial gain and profit, is subject to specific rules, licenses, and compliance with
animal welfare and food safety standards. These regulations aim to ensure humane
treatment of animals, hygienic slaughtering practices, and compliance with export
requirements.
The permissions and legality of slaughtering animals for consumption and export
can be complex and subject to various regulations, so it's essential to consult the
specific laws and regulations in Delhi or the concerned region for accurate and de-
tailed information.
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 by
profession: Activist by mission: Cobbler by qualification: Scouting by passion:
Humanitarian by choice: Gandhian by vision and action, habitual khadi wearers and
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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 Party, political wing for flora and fauna.
6. International Union for Conservation of Nature: IUCN - 2021-2025:
1. Member, Commission on Education and Communication.
2. Member, CEC Nature for all Network
3. Member, CEC Reimagine Conservation Network
4. Member, CEC Nature Education for Sustainability Network
5. Member, CEC Youth Engagement, and Intergenerational Partnerships.

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 Na-
tional 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 di-
versities, 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, riv-
ers and wildlife, and to have compassion for living creatures.
(h) to develop the scientific temper, humanism and the spirit of inquiry and re-
form.
(i) to safeguard public property and to abjure violence.
(j) to strive towards excellence in all spheres of individual and collective activ-
ity 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.
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Streamlining of Halal Certification Process for Meat and Meat Products:


"Halal" and "haram" are terms used in
Islam to classify what is permissible
(halal) and what is forbidden or prohib-
ited (haram) according to Islamic law
(Sharia).
Halal:
This term refers to things or actions that are permissible or lawful according
to Islamic teachings. It encompasses various aspects of life, including food,
behavior, and business dealings. For example, halal food adheres to specific
guidelines, such as the avoidance of pork and alcohol, and the use of humane
methods in animal slaughter.
Haram:
Haram, on the other hand, denotes what is forbidden or prohibited in Islam.
Actions or items labeled as haram are considered sinful or unlawful according
to Islamic teachings. This can include actions like consuming alcohol, eating
pork, engaging in dishonest business practices, or engaging in certain behav-
iors or relationships that are prohibited by Islamic law.
The Food Safety and Standards Authority of India (FSSAI) oversees food regulations
in India. The Food Safety and Standards (Licensing and Registration of Food Busi-
nesses) Regulations, 2011, are part of the legal framework governing food busi-
nesses in the country. However, these regulations primarily focus on food safety
and hygiene standards rather than religious or cultural practices related to animal
slaughter. Regarding stunning before animal slaughtering, while the FSSAI regula-
tions emphasize standards for the hygiene and safety of food processing, they might
not specifically mandate stunning before slaughter. The regulations primarily focus
on ensuring that food businesses maintain hygienic conditions, follow good manu-
facturing practices, and meet safety standards during various stages of food pro-
cessing, including animal slaughter.
However, specific requirements or regulations related to stunning before animal
slaughtering might exist at the state or local level, and these could potentially con-
flict with traditional halal practices. In such cases, there might be discussions or
debates between religious practices and food safety regulations.
It's essential to review both the FSSAI regulations and any additional local or state
regulations that might specifically address stunning before animal slaughter to get
a comprehensive understanding of the legal requirements and their implications on
religious or cultural practices related to animal slaughter in India.
Prevention of Cruelty to Animals (Slaughter House) Rules, 2001, which were
amended in 2010, include provisions that mandate stunning before animal slaugh-
tering in India. These rules were put in place to ensure the humane treatment of
animals during slaughter and are aimed at improving animal welfare standards in
slaughterhouses.
The amended rules include guidelines for the proper handling and slaughter of ani-
mals in registered slaughterhouses. Among the provisions is the requirement for
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stunning animals before slaughter to minimize suffering and ensure a more humane
process.
However, these regulations might conflict with traditional halal methods that empha-
size specific religious practices during animal slaughter, where stunning before
slaughter is not part of the process.
This requirement has led to debates and discussions within religious communities,
particularly among those following Islamic dietary laws, as stunning before slaugh-
ter might not align with their religious practices.
The implementation and adherence to these rules can vary across regions and
slaughterhouses in India. While the rules aim to improve animal welfare, they can
pose challenges for communities that follow specific religious guidelines for animal
slaughter.
As per Food Safety and Standards Act, 2006: Section 29: Authorities responsible for
enforcement of Act.
(1) The Food Authority and the State Food Safety Authorities shall be responsible
for the enforcement of this Act.
(2) The Food Authority and the State Food Safety Authorities shall monitor and verify
that the relevant requirements of law are fulfilled by food business operators at all
stages of food business.
(3) The authorities shall maintain a system of control and other activities as appro-
priate to the circumstances, including public communication on food safety and
risk, food safety surveillance and other monitoring activities covering all stages of
food business.
(4) The Food Safety Officers shall enforce and execute within their area the provi-
sions of this Act with respect to which the duty is not imposed expressly or by nec-
essary implication on some other authority.
(5) The regulations under this Act shall specify which of the Food Safety Officers are
to enforce and execute them, either generally or in relation to cases of a particular
description or a particular area, and any such regulations or orders may provide for
the giving of assistance and information by any authority concerned in 11the admin-
istration of the regulations or orders, or of any provisions of this Act, to any other
authority so concerned, for the purposes of their respective duties under them.
(6) The Commissioner of Food Safety and Designated Officer shall exercise the same
powers as are conferred on the Food Safety Officer and follow the same procedure
specified in this Act.
Section 89: Overriding effect of this Act over all other food related laws-
The provisions of this Act shall have effect notwithstanding anything inconsistent
therewith contained in any other law for the time being in force or in any instrument
having effect by virtue of any law other than this Act.
Prevention of Cruelty to Animals (Slaughter House) Rules, 2001, amended 2010:
Rule 6. Slaughter – (1) No animal shall be slaughtered in a slaughter house in
sight of other animals
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(2) No animal shall be administered any chemical, drug or hormone before


slaughter except drug for its treatment for any specific disease or ailment.
(3) The slaughter halls in a slaughter house shall provide separate sections of
adequate dimensions sufficient for slaughter of individual animals to ensure
that the animal to be slaughtered is not within the sight of other animals.
(4) Every slaughter house as soon as possible shall provide a separate space
for stunning of animals prior to slaughter, bleeding and dressing of the car-
casses
(5) Knocking section in slaughter house may be so planned as to suit the an-
imal and particularly the ritual slaughter; if any and such knocking section
and dry landing area associated with it shall be so built that escape from this
section can be easily carried out by an operator without allowing the animal
to pass the escape barrier.
(6) A curbed-in bleeding area of adequate size as specified by the Central Gov-
ernment shall be provided in a slaughter house and it shall be so located that
the blood could not be splashed on other animals being slaughtered or on the
carcass being skinned.
(7) The blood drain and collection in a slaughter house shall be immediate and
proper
(8) A floor wash point shall be provided in a slaughter house for intermittent
cleaning and a hand-wash basin and knife sterilizer shall also be provided for
the sticker to sterilize knife and wash his hands periodically.
(9) Dressing of carcasses in a slaughter house shall not be done on floor and
adequate means and tools for dehiding or belting of the animals shall be pro-
vided in a slaughter house with means for immediate disposal of hides or
skins;
(10) Hides or skins shall be immediately transported from a slaughter house
either in a closed wheelbarrow or by a chute provided with self-closing door
and in no case, such hides or skins shall be spread on slaughter floor for
inspection
(11) Floor wash point and adequate number of hand wash basins with sterlizer
shall be provided in a dressing area of a slaughter house with means for im-
mediate disposal of legs, horns, hooves and other parts of animals through
spring load floor chutes or sidewall doors or closed wheelbarrows and in case
wheelbarrows or trucks are used in a slaughter house, care shall be taken that
no point wheelbarrow or truck has to ply under the dressing rails and a clear
passage is provided for movement of the trucks.
12. Adequate space and suitable and properly located facilities shall be pro-
vided sufficient for inspection of the viscera of the various types of animals
slaughtered in a slaughter house and it shall have adequate facilities for hand
washing, tool sterilisation and floor washing and contrivances for immediate
separation and disposal of condemned material.
13. Adequate arrangements shall be made in a slaughter house by its owner
for identification, inspection and correlation of carcass, viscera and head.
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14. In a slaughter house, a curbed and separately drained area or an area of


sufficient size, sloped 33 mm per metre to a floor drain, where the carcasses
may be washed with a jet of water, shall be provided by the owner of such
slaughter house.
Food Safety and Standards (Licensing and Registration of Food Businesses) Regu-
lations, 2011:
Rule 4.0 Slaughter:
Animals are slaughtered by being first stunned and then exsanguinated (bled out).
Stunning can be affected through asphyxiating the animals with carbon dioxide,
shooting them with a gun or a captive bolt pistol, or shocking them with electric
current.
Rule 4.1. Stunning:
Stunning before slaughter should be mandatory. By inducing unconsciousness and
insensibility, stunning can avoid and minimise reactions of fear and anxiety as well
as pain, suffering and distress among the animals concerned. Stunning methods
induce temporary loss of consciousness and rely on prompt and accurate sticking
procedures to cause death.
It is important that the equipment utilized for stunning and slaughter is maintained
in good working condition and that all operators involved are well trained and have
a positive attitude towards the welfare of animals.
Electrical stunning consists of passing electricity through the brain to produce in-
stantaneous insensibility.
Section 11 of the Prevention of Cruelty to Animals Act, 1960: Treating animals cruelly,
If any person-
(a) beats, kicks, over-rides, over-drives, over-loads, tortures or otherwise
treats any animal so as to subject it to unnecessary pain or suffering or
causes or, being the owner permits, any animal to be so treated.
(b) employs in any work or labour or for any purpose any animal which, by
reason of its age or any disease, infirmity, wound, sore or other cause, is
unfit to be so employed or, being the owner, permits any such unfit animal
to be so employed.
(c) willfully and unreasonably administers any injurious drug or injurious
substance to any animal or willfully and unreasonably causes or attempts
to cause any such drug or substance to be taken by any animal.
(d) conveys or carries, whether in or upon any vehicle or not, any animal in
such a manner or position as to subject it to unnecessary pain or suffering
(e) keeps or confines any animal in any cage or other receptacle which
does not measure sufficiently in height, length and breadth to permit the
animal a reasonable opportunity for movement
(f) keeps for an unreasonable time any animal chained or tethered upon an
unreasonably short or unreasonably heavy chain or cord
(g) being the owner, neglects to exercise or cause to be exercised reasona-
bly any dog habitually chained up or kept in close confinement
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(h) being the owner of any animal fails to provide such animal with suffi-
cient food, drink or shelter
(i) without reasonable cause, abandons any animal in circumstances which
render it likely that it will suffer pain by reason of starvation or thirst
(j) willfully permits any animal, of which he is the owner, to go at large in
any street while the animal is affected with contagious or infectious dis-
ease or, without reasonable excuse permits any diseased or disabled ani-
mal, of which he is the owner, to die in any street
(k) offers for sale or, without reasonable cause, has in his possession any
animal which is suffering pain by reason of mutilation, starvation, thirst,
overcrowding or other ill-treatment
(l) multilates any animal or kills any animal, including stray dogs by using
the method of strychnine injections in the heart or in any other unneces-
sarily cruel manner
(m) solely with a view to providing entertainment-
(i) confines or causes to be confined any animal, including
tying of an animal as a bait in a tiger or other sanctuary, so
as to make it an object of prey for any other animal.
(ii) incites any animal to fight or bait any other animal
(n) organises, keeps, uses or acts in the management of, any place for ani-
mal fighting or for the purpose of baiting any animal or permits or offers
any place to be so used or receives money for the admission of any other
person to any place kept or used for any such purposes.
(o) promotes or takes part in any shooting match or competition wherein
animals are released from captivity for the purpose of such shooting.
Section 11(3)(e): The commission or omission of any act in the course of the
destruction or the preparation for destruction of any animal as food for mankind
unless such destruction or preparation was accompanied by the infliction of
unnecessary pain or suffering.

Veterinary Council of India Standard of Professional Conduct, Etiquette and Code of


Ethics, for Veterinary Practitioners Regulations, 1992:
Rule 3: Declaration and oath by a veterinarian: Being admitted to the profession of
veterinary medicine:
1. I solemnly swear to use my scientific knowledge and skills for the benefit of
society through the protection of animal health, the relief of animal suffering,
the conservation of livestock resources, the promotion of public health, and
the advancement of knowledge in veterinary science.
2. I shall practice my profession conscientiously, with dignity, and in keeping
with the principles of veterinary medical ethics.
3. I accept as a lifelong obligation the continuous improvement of my profes-
sional knowledge and competence.
FIR may be lodged against the operators and promoters of the Ghazipur Slaughter
House, owned by Municipal Corporation of Delhi, for the violation of many legisla-
tions, breaching public trust, for gain and profit. STOP 3 rd shift for Export.
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Besides, Jamiat Ulama-i-Hind Halal Trust, their website: jamiathalaltrust.org


Stunning of Animals prior to Slaughtering:
Due to possibilities of causing grievous injuries to the animal before
slaughtering and the requirements of Islamic Shariah which orders to apply
methods which cause least amount of pain stunning of animals is not rec-
ommended. Most of the Islamic countries don't accept stunning.
Whereas, National Accreditation Board for Certification Bodies, granted Accredita-
tion No. PC 034, overruling legal mechanism of animal slaughtering.
1. Confiscate all objectionable materials, freezing all transactions, bank ac-
counts, movable and immovable assets, including passports.
2. Ban all materials on internet, including website, if any.
Restoration of five freedoms for animals, preventing halal certification, and export.
It would be pertinent to mention here that:
Animals are being brought to Gazipur Slaughter House, violating the surplus census
of animals, as shifting in non-approved goods transport vehicles as haram process.
1. The census of animals, never allow their slaughtering, keep-
ing in view, their 5 freedoms, right to life.
2. Rule 3 of the Veterinary Council of India Standard of Profes-
sional Conduct, Etiquette and Code of Ethics, for Veterinary
Practitioners Regulations, 1992, never allow veterinarian to
issue transport permit and fit to slaughter.
3. All 11 DSPCA are non-functional, along with State AW Board
4. Stunning process before slaughtering, Gazipur claim is
wrong as per Halal certification, keeping in view Ritual
slaughtering process, especially 3rd shift for export.
5. Compendium prepared but never followed, keeping in view,
standing orders of Delhi Police, bearing No. 31 of 2022, read
with orders passed by the Hon’ble Supreme Court and Delhi
High Court, related to animal transportation.
6. Gazipur Slaughter House meant for domestic consumption
then why 3rd shift of slaughtering, keeping in view demand
and supply of local consumption?
7. Animals are being abused during their shifting towards
slaughterhouses, adopting cruel haram methods, their meat
can’t be treated as Halal.
Immediate attention: Halal versus haram- Installation animal scanner at each toll Plaza
Halal versus haram: Cruel animal transportation as goods, breaching public
trust, violating section 47 of IPC, read with section 2 and 3 of the Prevention
of Cruelty to Animals Act, 1960 and article 51A of Indian Constitution.
1. Regulate halal transportation of animals, towards slaughterhouses, under sec-
tion 10 of the Prevention of Cruelty to Animals Act, 1960, educating community
under section 9(k) of said Act.
2. Regulate Central Motor Vehicle (Eleventh Amendments) Rules, 2015 and Cen-
tral Motor Vehicle (13th Amendment) Rules, 2016, read with the Indian Stand-
ards: Transport of Livestock – Code of Practice.
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3. Strict compliance: National Accreditation Board for Certification Bodies –


NABCB / Streamlining of Halal Certification Process for Meat and Meat Prod-
ucts.
4. STOP discrimination, ensuring compliance of section 2(d) of the Prevention and
Control of Infectious and Contagious Diseases in Animals Act, 2009: “compul-
sory vaccination” means vaccination of any animal against any scheduled dis-
ease in respect of which vaccination is made mandatory under the provisions
of this Act.

Distributions: Members of Parliament – Legislative Assembly of Delhi, including:


1. All Members of Delhi State Animal Welfare Board.
2. All Members of the 11 DSPCAs: District Society for Preven-
tion of Cruelty to Animals.
3. All elected Representatives of Delhi Municipal Corporation.
With scouting spirits ………… Brand Ambassador Viyana Berwal via
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: kadyan.ipfa@gmail.com
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