petition against illegal and unscientific decision about killing dogs
SREEJITH PERUMANA
Advocate
To,
1. Animal welfare Board of India
13/1, Third Seaward Road, Valmiki Nagar, Thiruvanmiyur,
Chennai- 600 041
2. Sri. MB Rajesh
Minister for Local Self Governments,
Kerala
3. State Police Chief
Government of Kerala
Thiruvananthapuram
Sir,
I, Sreejith Perumana, Advocate, activist hereby issue the following notice. You may kindly take note-
1. THAT would like to draw your kind attention towards the Kerala State Government illegal and unscientific decision about killing dogs. According to media reports and complaints the local panchayats (LSGs) and other government authorities already started such culling of stray dogs and even vaccinated pet or community dogs.
2.
3. THAT, Every living being has Natural Rights. They may not have the same amount of rights as we do, because they are not self aware, and can't communicate will but still they inherently have rights just because of their own existence. Unfortunately stray dogs forced to endure deprivation and unimaginable torture from the moment they are born until the day they are slaughtered.
4. THAT, According to Mrs.Janani Sriganesh from Palakkad, Kerala “We were raising a local breed dog called browny for the past three months. We had sterilised her and vaccinated also. Today morning few people came from the local Panchayat and poisoned her and killed her. We have lost our beloved pet. We let her free for sometime in the morning. That's when the crime has happened. They have forcefully removed her collar and killed her. Kindly help us deal with this problem Sir. We can't let anymore sterilised dogs go through this agony. Attaching you a picture of our departed dog. You can clearly see the sterilised mark in her stomach and also her collar being thrown on her after killing”
5. THAT, the instant notice is regarding the cruelly, abuse, torture and ruthless killing of dogs. It was never the dogs fault. Instead is really ours and our apathy towards all stray dogs in our environment. The government pretends that its priority is protecting human being against rabies rather than seeking optimal solutions.
6. THAT the brutal incident allegedly abused or violated Section 11 (1) (a) to (o) of The Prevention of Cruelty to Animals Act, 1960, Sections 428, 377, 284 and 429 of the Indian Penal Code, NEGLIGENT CONDUCT WITH RESPECT TO AN ANIMAL, AND CRIMINAL INTIMIDATION 289 Negligent conduct with respect to animal 503. Criminal Intimidation, 506 Punishment for criminal intimidation. Under the Govt. of India, Animal Birth Control Rules 2001, The Government of India circular Dy No 1237 dated 30/9/2006. And even more so, it is contempt of Supreme Court of India. So you are humbly requested to take immediate action at your end.
7. Blatant violation of Article 48-A of the Indian Constitution: Article 48A states that the State shall endeavour to protect and improve the environment and to safeguard the forests and wild life of the country.
8. Blatant violation of Article 51A (g) of the Constitution of India, which lays down fundamental duties for every citizen one of which included compassion for living creature.
9. Animals like dogs are also a vital part of our ecosystem. If we abuse them or hunt them to extinction, we are only hurting ourselves. What sets us apart from them is our ability to feel compassion and to reason with a conscience. Animals have rights because they serve a vital function and are necessary for our survival. They deserve our respect.
10. The Prevention of Cruelty to Animals Act clearly states that only “incurably ill and mortally wounded dogs as diagnosed by a qualified veterinarian” be euthanized. Dogs suspected of having rabies must be captured and isolated. If rabies is confirmed, they must be allowed to die a natural death in isolation. Any animal that is not suffering from an incurable disease cannot be put down. Who has given the Kerala government the authority to cull all street dogs?
11. That we need to introspect to understand what kind of a world do we live in? Will we do this to our homeless? Would we do this to our elderly? Hopefully the answer will be no. Yes, we need to resolve a challenge but in a humane manner, and that does not include indiscriminate and horrifying killing of dogs. This needs to end. Immediately.
As stated hereinabove, this notice is moved by me in public entrust for voiceless and the defenceless dogs and not serving any interest of any individual. If orders, as prayed for hereunder, are not allowed the people and animal of concerned will sustained irreparable loss and injury.
Therefore in the light of the above facts and figures FIR must be lodged in the complaints of animal cruelty under Sections of Section 11 (1) (a) to (o) of The Prevention of Cruelty to Animals Act, 1960 and Sections 428, 377, 284 and 429 of the Indian Penal Code and take appropriate action/ proceedings for the cruelty to the animal.
There is no reason whatsoever that this behaviour should be allowed. It is immoral and cruel to allow these acts of animal cruelty to go unpunished. People who brutally attack and kill innocent animals need to receive severe consequences for their actions and not be allowed to commit such crimes again. Please take action on this issue immediately to ensure the safety of suffering pet/stray dogs that have not been attacked yet and hopefully will never have to be.
Also for the strict enforcement of 428 and 429 of the Indian Penal Code of 1860 to make sure the peaceful co-existence between all species inhabiting on earth and to carry out our fundamental duty under Article 51A(g) of the Constitution of India. Failing which, I may constrain to resort to other legal remedies provided under the Law.
“The greatness of a nation is judged by the way it treats its animals”
- Mahatma Gandhi -
Kindly look in to the matter,
Dated this the 13 st day of September 2022
Yours Faithfully
Sreejith Perumana
Advocate