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Implement Delhi High Court directives to end stray cattle menace - Petition

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EnvironmentPollution

Implement Delhi High Court directives to end stray cattle menace - Petition

The presence of unauthorized / illegal / unregistered dairies / dairy colonies / cattle sheds in the urbanized areas is/was the main reason for the stray cattle menace faced by the citizens. The dairies / cattle sheds  are operating / running illegally / unauthorizedly and without any licenses.

The civic bodies ought to have felt embarrassed and apologetic for being unable to implement the policy in an honest and efficient manner.

It unfortunately seems like authorities have no will to enforce closure or relocation of such illegal / unauthorized / unregistered dairies / cattle sheds and are/were in fact interested in such dairies / cattle sheds continuing in the urban areas in total defiance of the provisions of law.

Municipal Commissioners should/shall please concede/accept that the provisions of the relevant Sections of the Municipal Corporations Act were mandatory inasmuch as no person can keep any cattle without a license from the Commissioner.

The Commissioners should/shall please frame a policy regarding licensing of dairies or keeping of cattle in cities.

Municipalities, within a timeframe should please, introduce a proper licensing regime which would inter alia stipulate the conditions subject to which licenses may be granted for keeping of cattle or other quadruped animals or birds for transportation, sale or hire or for sale of the produce thereof.

That ought to have been done long time back. It is indeed surprising how the Municipalities could turn a blind eye to the relevant sections of the Municipal Corporation Acts and allow the activities enumerated therein to go on without proper licenses granted by the Commissioner in that behalf.

The issue of licenses would not only make the dairy/cattle owners accountable but ensure that they conform to the minimum standards of hygiene so very essential for the health of the community and the people living in close proximity to such areas. The Commissioners should/shall please formulate a proper licensing policy and enforce the provisions of relevant sections of the Municipal Corporations Act.

http://www.thepetitionsite.com/1/stray-cattle-menace

http://www.petitiononline.com/delhihc/

http://www.petitiononline.com/straycow/

Comments

silkboard's picture

Need enlightenment before 'petition'

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Three links to start the post, not much context via past posts or discussions, and not local (tagged as no location), this is bordering on being a spam.

If everyone thinks there is need for internet-petitions feature, we can build a separate post type called "petition" so that they don't get mixed up with regular posts.

The whole idea is - build awareness, gather like minded people, and then act. Directly posting a petition doesn't fit in that scheme. That is why, currently, we have a petition feature, but it is only available to the "projects" hosted here.

If others disagree, we could ask admins to change things, that is why I am going public with my opinion on posts like these.

indian's picture

Inclusion of links was meant for easier readablility

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Pains are taken to draft / create / author petitions by investing our/my time, energy and money.

Petitions based on environment / some national issues unfortunately can't be localized to any particular state. It is very difficult to create a petition on some civic problems / issues / woes for each and every locality / city / state.

Searched and posted the petition link at a seemingly appropriate location.

Earlier we were not asked for a minimum of 50 words but now because of it I'm forced to include a part of the petition otherwise I wouldn't have. Unfortunately, I'm not here to annoy / inconvenience anyone.

 

 

silkboard's picture

Difficult to action things not localized

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Concepts of National or Global issues is mostly a myth. The reality of life is that we act on what we see around us.

For example, your message here will get through better if you give local examples of places or areas where you see this happen. Post on a Karnataka/Bangalore forum (like Praja) with Bangalore examples. Post on a Delhi website with Delhi examples, and so on.

After all, the idea of a petition is to garner support from citizens. I think that #1) being focused in messaging (this one certainly is, at least to me), and #2) being local, either in issues, or via examples, are two ways to increase chances of getting support.

Really appreciate your enthusiasim, and I take back my "bordering on spam" comment.

silkboard's picture

Very valid - crib about implementation

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In particular, liked this line in your e-petition

The civic bodies ought to have felt embarrassed and apologetic for being unable to implement the policy in an honest and efficient manner.

Thats the key point, isn't it. Implementation is the problem everywhere. And if you were to list down all things where lack of impementation (aka enforcement) is hurting, I would say that stray cattle issue would not make the top 10.

As an aside, do you know how many people BBMP employs for enforcing such developmental norms?

idontspam's picture

 Do you have a petition for

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 Do you have a petition for dogs as well or cattle is a bigger problem in your view? Why not include all stray animals instead of cattle alone?

indian's picture

Localized to India, Karnataka, Mysore

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Thanks for the feedback. I've lost the matter that I'd typed for 45 minutes or so due to the hanging of the system. I'll reply as soon as possible.

indian's picture

Stray cattle is a bigger problem when compared to pet/stray dogs

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Stray cattle is a bigger problem when compared to pet/stray dogs. The laws too are slightly different. Feeling too tired, can't post much.

idontspam's picture

 Stray cattle is a bigger

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 Stray cattle is a bigger problem when compared to pet/stray dogs

How so? I would like to see some stats on injuries due to dog bites vs cow gores

indian's picture

Amend & enforce KMC Act to end stray cattle menace - Petition

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Sub: Amend, implement and enforce the Karnataka Municipal Corporations or KMC Act, 1976 to end stray cattle menace in Karnataka / urban Karnataka / Karnataka’s cities.

http://www.petitiononline.com/amendkmc/  

Karnataka Municipal Corporations or KMC Act 1976
 
 
 
 
 
 
Present / Existing quantum of the fine amount in Rs.
Proposed / Suggested Increase in the quantum of the fine amount
Through amendment in Rs.
Section 249
Failure to comply with requisition to provide privies for market, cattle shed or cart-stand or to keep them clean and in proper order.
100/-
500/-
Section 344(b)
Unlawful keeping of animals so as to be a nuisance or danger.
020/-
500/-
Section 344(c)
Feeding of animal on filth.
020/-
500/-
Section 346
Use of place as stable, cattle shed, etc. without licence or contrary to licence.
050/
500/-
Section 347
Construction or maintenance of stable, cattle shed, etc., contrary to Act or subsidiary legislation.
050/
500/-
Section 442
Penalty for leaving vehicle or animal in dangerous position in public street.
100/-
500/-

The earlier / previous version of Section 346 (1) of the KMC Act, 1976 was definitely and seemingly most effective if at all it'd been properly implemented and enforced as it was compulsory for animal / quadruped owners to renew their respective licences / licenses in the first month of every year.

It was unnecessarily / needlessly enhanced / increased to once in five years from its earlier once in a year or annual process / renewal by unfortunately bringing in an amendment in 2003.

So, the Section 346 of the KMC Act shall please be amended (reverted back to its earlier / previous version) in order to make it compulsory for cattle owners to renew their cattleshed / cattle-shed licences/licenses annually (every year) that is in the first month of every year (January).

The Commissioners shall please impose restrictions and regulations for their issuance and shall please cancel the licences / licenses in case the cattle stray out of the cattlesheds or cattle-sheds by using or under the sub-sections 346(2), 346(3), 347(1), 347(3) and 347(5) as this would be in accordance with the Delhi High Court order.

The quantum of the fine amounts for violations of Sections 346 and 347 that have been mentioned in the table above are not applicable if the cattle stray / strayed out of the cattlesheds / cattle-sheds as the licence / license shall be automatically cancelled in accordance with the Delhi High Court order. The fine amounts are applicable to violations other than cattle straying out of the cattlesheds / cattle-sheds.

I discovered through my RTI Appln and through the intervention of the KIC in 2006 that no one’s been issued a cattleshed license in Mysore City which is in blatant violation of the KMC Act. Is there a single Municipality in Karnataka which has issued a cattleshed license is a million dollar question? How many municipalities in Karnataka or India have issued a cattleshed license is another million dollar question?

The Union Ministry of Urban Development or MoUD has declared Chandigarh and Mysore as India’s first and second cleanest city respectively but the stray cattle menace still persists. Why didn’t the MoUD take stray animal menace in general and stray cattle, stray dog and stray pig menace as some of the parameters?

 
Existing / Present flawed Sub-Section
Proposed / Suggested Sub-Section after an amendment
Section 346. Licences for places in which animals are kept.-
(1) The owner or occupier of any stable, veterinary infirmary, stand, shed, yard or other place in which quadrupeds are kept or taken in for purposes of profit, shall, in the first month of 1[every fifth year]1 or, in the case of a place to be newly opened, within one month before the opening of such place, apply to Commissioner for a licence.
(1) The owner or occupier of any stable, veterinary infirmary, stand, shed, yard or other place in which quadrupeds are kept or taken in for purposes of profit, shall, in the first month of 1[every year]1 or, in the case of a place to be newly opened, within one month before the opening of such place, apply to Commissioner for a licence.
Section 346. Licences for places in which animals are kept.-
Shall apply to Commissioner for a licence in first month of every fifth year or, in the case of a place to be newly opened, within one month before the opening of such placel
Shall apply to Commissioner and renew the licence on the first month of every year or, in the case of a place to be newly opened, shall apply for a licence within one month before the opening of such place.

Sl
No
Featured
Date of Creation
Petition Link
Applicability
01)
Fully with captioned photos and links.
Saturday, May 15, 2010
All Municipalities / Municipal Corporations in India
02)
Only partially with only 04-05 links at the top. No photos.
Saturday, May 15, 2010
All Municipalities / Municipal Corporations in India
03)
Only partially with only 04-05 links at the top. No photos.
Friday, March 24, 2006
All Municipalities / Municipal Corporations in India
04)
Only partially with only 04-05 links at the top. No photos.
Sunday, May 16, 2010
 
All Municipalities / Municipal Corporations in Karnataka

Being a corner site resident who resides opposite to a vacant corner site at Ananda Marga, 6th Cross, Siddharthanagar, Mysore-570011, Karnataka I’m one of the worst sufferers because of two-three particular / specific stray cattle owners (own brothers) of Kurubarahalli one of whom has established a mobile dairy very close this vacant corner site.

Their Kurubarahalli residences are 1.5 Kms away from our residence. If one/two of them suspends/suspend the nuisance temporarily the other remaining two/one continue/continues.

Since 2004 I’ve tried everything by writing to the English and Kannada media, by filing telephonic, online and offline grievances / complaints with the Mysore City Corporation / MCC, by emailing the Mysore CoP/CP and DCP (Traffic) in 2005 and 2006, meeting the then CoP/CP [who's now Addnl CoP/CP (Traffic) in Bangalore] and the then Police Inspector / PI of the jurisdictional Police Station (Nazarbad), filing RTI Applns with the MCC and the police in 2005 and 2006 but unfortunately didn’t get a permanent solution till date.

I only got a partial relief in last quarter of 2008 as the mobile dairy was shifted / relocated just around 100 feet away from the rear gate of our corner site residence instead of shifting / relocating it to behind the JSS Public School, Sanmarga, 6th Cross as per my request.

The MCC expects me to keep a watch on the cattle owner on a day to day or daily basis to see and note / record whether he / his brother(s) / sons / grandsons lets/let or doesn’t/don’t let his/their cattle lose to stray and litter at the vacant site and around our corner site residence or not and then inform MCC.

So, I was forced to create these petitions as there are thousands to lakhs of people in the country who just like me are aggrieved / affected / inconvenienced by the stray cattle menace in the country in general and Karnataka state in particular.

indian's picture

CMO's fwded amendkmc to Principal Secy Urban Development & Home

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The Karnataka Chief Minister's Office or CMO which was one of the recipients of the/my following email dated Monday, May 17, 2010 6:30 am has forwarded it to the Principal Secretary Urban Development and Principal Secretary Home on Monday, 17 May, 2010 11:08 AM


Subject: Fwd: Amend, implement & enforce KMC Act 1976 to end stray cattle menace

Date: Monday, 17 May, 2010 11:08 AM

From: Chief Minister of Karnataka

To: Principal Secretary Urban Development, Principal Secretary Home

Cc: Syed Tanveeruddin

for necessary action


----- Original Message -----

From: Syed Tanveeruddin

Sent Date: Monday, May 17, 2010 6:30 am

indian's picture

Statistics on injuries due to dog bites vs cattle gores

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Persons gored by stray cattle / cows in Mysore=03

Siddharthanagar=02 some other area=01

Persons bitten by a pet dog in Mysore=01

One person fell down from a bike after hitting a huge / gigantic / mammoth stray bull which was standing right in / at the middle / centre of the Vinaya Marga, Near JSS Public School, 5th Cross, Siddharthanagar, Mysore=01

This particular bull's height is more than 05 feet (approx) and length is perhaps more than 10 feet. The bull remained unscathed after getting hit and just walked away.

These are unofficial figures and are not based on media / press reports.

 

idontspam's picture

survey data

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Persons gored by stray cattle / cows in Mysore=03, Persons bitten by a pet dog in Mysore=01 

Stunning statistics, I can throw some numbers of my own, but then it wont be as scientific a survey as yours, so I wont bother.

indian's picture

Narrowly escaped from being bitten by stray dogs on 03 occasions

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I narrowly escaped from being bitten by a stray dog once near the 6th Cross, Sampangiramnagar, Bangalore (at night) and twice by the same stray dog in Alanahalli Layout, Mysore (in the evening) a couple of years ago.

The moment I heard Grrrr, I just froze momentarily. I was able to drive away the stray dog in Bangalore but in Mysore I'd to allow it sniff at me and then drive it away as my face was away from them on all the three occasions.

indian's picture

No idea about the number of BBMP employees to enforce norms

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Unfortunately, I've no idea about the number of persons that the BBMP employs to enforce the developmental norms.

indian's picture

Separate petitions are needed for stray dogs, pigs and cattle

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Unfortunately, separate petitions are needed for stray dogs, pigs and cattle. Laws and ways of tackling their menace are also different. So, they can't be combined.

indian's picture

289 IPC, 133 CrPC, KP / KTC Act to end stray cattle menace

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http://www.petitiononline.com/kapolice/ 

As per the Delhi High Court order the Police shall please use the Section 289 IPC and the relevant sections of the state police acts to prosecute the stray cattle owners who allow their cattle to stray.

As per the Delhi HC order Section 133 CrPC too can be used to relocate / shift / close / remove an illegal / unauthorised / unauthorized / unregistered / unlicenced / unlicensed stationary / mobile dairy / cattle-shed / cattleshed.

To end the stray cattle menace the police shall please implement and enforce

01) Section 289 IPC

02) Section 133 CrPC (removal of nuisance)

03) The Karnataka Police Act, 1963 under the Section 76 (Police Officer may take charge of stray cattle), Section 92 Punishment of certain street offences and nuisance under sub-clauses (c), (d), (f)(i), (g) & (k).

04) The Karnataka Traffic Control Act, 1960 under the Section 8 (Leaving vehicle or animal in dangerous position), Section 10 (Leaving vehicle or animal unattended), Section 12 (Duty of owner of vehicle or animal to give information) and Section 20 (Power to arrest without warrant).

For each cosmetic action against two specific stray cattle owners (own brothers) I've to file an RTI Application either with the police or the Mysore City Corporation. I prefer giving the photographic evidence along with my RTI Applications.


 
 
Applicability
IPC
Indian Penal Code, 1860
All India
CrPC
Criminal Procedure Code, 1973
All India
KP Act
Karnataka Police Act, 1963
Karnataka
KTC Act
Karnataka Traffic Control Act, 1960
Karnataka
KMC Act
Karnataka Municipal Corporations Act, 1976
Karnataka

 

Sl
No
Featured
Date of Creation
Stray Cattle Petition Link
Applicability
01)
Fully with captioned photos and links.
Saturday, May 15, 2010
All India
02)
Only partially with 05/06 links at the top. No photos.
Saturday, May 15, 2010
All India
03)
Only partially with 04/05/06 links at the top. No photos.
Friday, March 24, 2006
All India
04)
Only partially with 06 links at the top. No photos.
Sunday, May 16, 2010
 
Karnataka
05)
Only partially with 06 links at the top. No photos.
Wednesday, May 19, 2010
Karnataka

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