Complaint for Zero FIR against Sonepur Cattle Fair, lodged by Naresh Kadian with PS, Prashant Vihar, Delhi

8/10/2019 Complaint for Zero FIR against Sonepur Cattle Fair, lodged by Naresh Kadian with PS, Prashant Vihar, Delhi

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To, DD No. 33 B Dated 10-11-2014PS, Prashant Vihar, Delhi.

SHO,

Prashant Vihar Police Station,

Delhi110085.

Subject: Zero FIR against Sonepur Cattle Fair, 2014 organisers along with animal

custodians for violation of the Wildlife Protection Act, 1972 read with the Prevention of

Cruelty to Animals Act, 1960 and IPC 268, 188, 120-B.

Greetings,

It is humbly submitted that District Magistrate, Saran in Bihar organising Sonepur Cattle

Fair, 2014 with the Bihar State Tourism Development Corporation jointly and a tender

was called for preparation of the ground to operate animal races, during the said fair, then

matter was taken up with the AWBI, who asked action taken reports from all concerned

Authorities, keeping in view, District Magistrate, Saran prohibited the animal races along

with the strict compliance of all legislations related to animal welfare (Copies attached

here with for ready references).

Today on November 9, 2014 animal races are performed in the presence of the District

Magistrate, Saran and I have informed him about the violation of legislations concerned,

requested to stop the use of thorn and spiked bits along with the iron ankush but these

sharpe edges equipments were applied to handle elephants along with horses during their

performances (Images are attached here with).

Public Interest Litigation:

The Sonepur Cattle Fair, aka the Harihar Kshetra Mela, the biggest cattle fair of Asia is

rooted in Hindu mythology. Based on a sacred legend in HinduismGajendra Moksha

(The Liberation of Gajendra), folklore has it that Lord Vishnu descended upon earth to

protect Gajendra, (the elephant) from the clutches of Makara, (the crocodile) and awarded


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him Moksha (salvation). An official survey of the Sonepur Cattle Fair, led by TRAFFIC in

November-December of 2013, unveiled shocking details about the illegal animal trade

rampant under the guise of the fair. The fair had also been surveyed earlier and the

findings were made public in November 2012. The Sonepur Fair is an organized gathering

which promotes and facilitates trading of various species of animals. This event is carried

out unfailingly year after year and openly disregards legal and prohibitory provisions of

the Wildlife Protection Act, 1972, which ban commercial trading of certain species of

animals. The capture and transportation of Asian Elephants (Elephas maximus) from

Assam to Sonepur appears to be a regular occurrence despite legal provisions that clearly

state that a captive elephant (Schedule I animal) cannot be possessed, acquired, disposed of

or transported without written permission of the Chief Wildlife Warden or the Authorized

officer under Section 40 (2) of the Wildlife Protection Act, 1972. Furthermore Section 43 of

the same Act restricts the sale, purchase or transfers of captive elephants from one person

to another for monetary consideration or any other profitable gain. The survey

documented 37 elephants, including 6 tuskers and 6 calves at the fair in 2013. Inquiriesrevealed that some of these elephants had been transported from Assam to Bihar especially

for sale at the Fair. Thus any such sale (if it were to take place) would be illegal. The

transportation could have been justified and supported with adequate documentation as

per the aforementioned provisions. However the elephant traders/handlers were not in

possession of any such permits and blatantly avoided discussion of any kind with the

TRAFFIC personnel who later found evidence of trade deals that had been finalized even

before the Fair had begun, or based on some of the information gathered, some deals were

struck after the conclusion of the Fair. Reliable sources suggest that this kind of trading

also takes place in a private space beyond the realms of the fair in Sonepur. The Fair has

been also popular for purchasing live elephants for temples in Kerala, where they have ahuge demand, especially for full grown tuskers. These elephants are also acquired by local

landlords of Kerala who have the means to acquire and keep them as status symbols. Even

though the supply of these elephants from Assam may have dipped due to tightening of

regulations, a significant number of them are reportedly caught from the wild.

Animal Welfare Party, United Nation affiliated OIPAwww.oipa.orgin India demands:

1. AWBI issued letter quoting order passed by the Honble Supreme Court of India and

District Magistrate prohibit animal races along with the strict compliance of the

legislations but Sonepur Fair organizers violated 120-B, 188, 268 IPC read with the section

3, 11 and 38 of the Prevention of Cruelty to Animals Act, 1960 along with the section 38-H,39, 40 of the Wildlife Protection Act, 1972.

2. Animals are being shifted towards Sonepur Cattle Fair, with out pre transport permit, as

required under section 96 of the Cattle Transport Rules, 1978 amended in 2001, like wise

cruel techniques adopted, while shifting animals in goods transport vehicles in over

crowded position, where as vehicle should be ISI specified as well.

3. Thorn and spiked bits are being used along with the ban iron ankush, to handle animals,
http://www.oipa.org/http://www.oipa.org/http://www.oipa.org/http://www.oipa.org/


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which is clear cut contempt of the order passed by the Jaipur Bench of Rajasthan High

Court read with the circular issued by the AWBI.

4. Sonepur Cattle Fair arranged market for domestic animals not for wild animals, where

as elephant does not covered under the definition of cattle then elephant presence should be

banned, as per Ministry of Environment and Forest guidelines issued vide No.9-5/2003-PE

dated 8-1-2008.

5. Private elephant ownership should be renewed after every five years, like wise every

State have to frame rules and regulations for elephants but the Chief Wildlife Warden

failed to obey these MoEF guidelines No.9-5/2003-PE dated 8-1-2008, hence private

ownership of elephants needs to be cancelled and all these abused elephants may kindly be

rescued for further rehabilitation. It would also be pertinent to mention here that the

Central Zoo Authority of India prohibit elephant presence in all Zoos then how a private

person can owned National heritage animal of India for pride, joy rides, publicity and

begging tool, entertainment, personnel gain and profit as well?

6. Horse powers defined the capacity of vehicle engine and driving license is mandatory, tohandle horse power vehicles but elephant power is much higher and strong then horse

power but there are no rules and regulations to handle and drive elephant power.

7. The financial position of all custodians of elephant is very poor and they dont have basic

requirement for proper treatment, care and shelter for these captive elephants, where as

these elephants are being abused to earn bread and butter for the custodians. It is further

stated that elephant presence in crowed, can create loss to the public life and property,

public nuisance can not be ruled out.

8. Animal trading can not be treated as performance; where as all performing animals

should be registered under the Performing Animals (Registration) Rules, 2001 with the

AWBI.

Hence zero FIR may kindly be lodged against the Organisers along with the custodians of

all animals abused during animal races.

Sincerely yours,

Naresh Kadian,

Volunteers of Wildlife Crime Control Bureau (Ministry of Environment and Forest),

C-38, Rose Apartment, Prashant Vihar, sector-14, Rohini,

Delhi110085.


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Complaint for Zero FIR against Sonepur Cattle Fair, lodged by Naresh Kadian with PS, Prashant Vihar, Delhi

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