Central Information Commission
Naresh Kadyan vs Animal Welfare Board Of India on 21 September, 2023
Author: Saroj Punhani
Bench: Saroj Punhani
के यसूचनाआयोग
Central Information Commission
बाबागंगनाथमाग , मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
File No : CIC/AWBIC/C/2023/642838 +
CIC/AWBIC/C/2023/643831+
CIC/AWBIC/C/2023/644662
Naresh Kadyan
....िशकायतकता /Complainant
VERSUS
बनाम
CPIO,
Animal welfare Board of India,
X7J7+HMM, 3rd Seaward Rd,
Valmiki Nagar, Thiruvalluvar Nagar,
Thiruvanmiyur, Chennai- 600041 ... ितवादीगण /Respondent
Date of Hearing : 19/09/2023
Date of Decision : 19/09/2023
INFORMATION COMMISSIONER : Saroj Punhani
Note - The above mentioned Complaints have been clubbed together for
decision as these are based on identical issues.
Relevant facts emerging from complaint(s):
RTI application filed on : 16/06/2022, 24/07/2023 & 30/06/2023
CPIO replied on : Not on record
First appeal filed on : Nil
First Appellate Authority order : Not on record
Complaint dated : Nil
1
CIC/AWBIC/C/2023/642838
Information sought:
The Complainant filed an RTI application dated 16.06.2022 seeking the following information:
"Supply all relevant copies, policies, advisories and guidelines with present status with concerned file notings:
1. Offenses against the Prevention of Cruelty to Animals Act, 1960, are cognizable or non cognizable with section wise punishments.
2. Proof of burden, is on accused or prosecution.
3. Status of Draft Bill, replacing PCA Act, 1960.
4. Complete list of Rules and Notifications, issued under PCA Act, 1960.
5. Supreme Court order dated 18.5.2023 in WP (C) No. 23 of 2016.
Having not received any response from the CPIO, the complainant filed a First Appeal dated Nil. FAA's order, if any, is not available on record.
CIC/AWBIC/C/2023/643831 Information sought:
The Complainant filed an RTI application dated 24.07.2022 seeking the following information:
"Law and order is a state subject, as per Indian Constitution, but Central Govt. Trespass State subject and introduce, many contradictory and discriminatory decisions.
"Animal Birth Control Rules, 2023:
Rule 11. Capturing or sterilization or immunization or release:
(3) Before the street dogs are captured in any locality, the representative of the local authority or of the Animal Welfare Organization shall put up banners or public notices making announcement informing residents that animals shall be 2 captured from the area for the purpose of sterilization and immunization and will be released in the same area after sterilization and immunization.
(8) All the dogs caught shall be identified with a numbered collar immediately upon arrival at the Animal Birth Control Center and the number shall correspond to capture records to ensure that each dog is released, in the same area from where it was captured, after sterilization and immunization.
(19) The dogs shall be released at the same place or locality from where they were captured and the date, time and place of their release shall be recorded after their complete recovery and the representative of the local authority or of the animal welfare organization shall accompany the team at the time of release and from time to time, the Board may provide a suitable application for geo-tagging the location of the dogs during capture and release.
Supply complete list of all concerned administrative orders, guidelines, circulars and polices, court orders as well, since beginning till date, on the basis of Central Government, making their mind, as stated above, dog capturing and releasing process and mechanism, applied on the dogs only, instead rest of animals, describe reasons for special status, enjoyed by these dogs.
Stray animal free India, restoring their 5 freedoms, as judicial advisory and suggestion.
Supply complete list of rescue establishments and Infirmaries, as per rules, all over India.
Supply complete details about compliance of section 38A, related to rules, made in 2001, including ABC and their legal status:
Rules and regulations to be laid before Parliament: Every rule made by the Central Government or by the Committee constituted under section 15 and every regulation made by the Board shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or regulation as the case may be, or both Houses agree that the rule or regulation, as the case may be, should not be made, the rule or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be....."3
Having not received any response from the CPIO, the complainant filed a First Appeal dated Nil. FAA's order, if any, is not available on record.
CIC/AWBIC/C/2023/644662 Information sought:
The Complainant filed an RTI application dated 30.06.2022 seeking the following information:
"Resolved that:
STOP discrimination and contradictions, keeping in view 47 IPC and 2 of Prevention of Cruelty to Animals Act, 1960:
Ordinance may be issued at once, replacing toothless Prevention of Cruelty to Animals Act, 1960, because treated animals as goods and commodity, hurt our religious feelings and believes, violating human rights of every citizen as stated above, breaching public trust.
Supply information about, ineffectiveness of the Prevention of Cruelty to Animals Act, 1960, with action taken on PRSEC/E/2023/0023956, as passed resolution to issue ordinance, replacing toothless PCA Act, 1960.
Supply information about section 3 of PCA Act, read with article 51 A of Indian Constitution, and responsible leader of 42 amendments in the Constitution, along with punishments for violation of these provisions.
Supply action taken on draft on Animal Welfare Act, 2011, all communications be supplied, including communications, related to withdrawal of this draft, with concerned file notings and legal advices Supply action taken on draft Prevention of Cruelty to Animal (Amendment) Bill. 2022, all communications be supplied, including communications, related to withdrawal of this draft, with concerned file notings and legal advices, with present status.
Supply information related to Ordinance, replacing toothless mechanism like PCA Act, 1960, violation and cruelty against animals, hurt my religious feelings and believes, breaching public trust Supply information about 47 IPC and section 2 of PCA Act, 1960 that animals are not commodity and goods, being living creatures.4
Supply terms and conditions, of all animal export outside India, explaining their species, including age and sex wise with list of legal mechanism Supply list of surplus and rich species of animals and birds, including vermin.
Supply present status of proposal, to issue ordinance replacing Live-stock and Live- stock Products (Importation and Exportation) Bill, 2023, along with necessity of export of livestock outside India.
Having not received any response from the CPIO, the complainant filed a First Appeal dated Nil. FAA's order, if any, is not available on record.
Feeling aggrieved and dissatisfied, the complainant approached the Commission with the instant set of Complaints.
Relevant Facts emerging during Hearing:
The following were present:-
Complainant: Not present.
Respondent: Not present.
Decision The Commission based on the recent decisions issued on 25.08.2023 in similar cases of the Complainant vide File Nos. CIC/AWBIC/C/2022/664994 and others + his further bunch of cases heard on 19.07.2023 vide File Nos. CIC/AWBIC/C/2022/646924 and others with the following observations -
".....xxx xxx xxx Adverting to the above observations, the Commission is not inclined to question the merits of the CPIO's reply in the instant matters. The Appellant/Complainant is advised to desist from filing repetitive RTI Applications on the same grievance as his future appeals/complaint on the same matter are liable to be summarily dismissed.... " Considering the applicability of ratio of the abovementioned decisions, the Commission summarily dismisses the instant complaints.
Saroj Punhani (सरोज पुनहािन) Information Commissioner (सू सूचना आयु ) 5 Authenticated true copy (अिभ मािणतस यािपत ित) (C.A. Joseph) Dy. Registrar 011-26179548/ [email protected] सी. ए. जोसेफ,उप-पंजीयक दनांक / Date 6