Posted On 12/10/2014 By In Animal Laws With 460 Views

Rescue of 31 cattle by PFCI in Perumanallur (Tirupur District) Tamilnadu: A Case Study

The text describes the the rescue of 31 cattle by People For Cattle India (PFCI) in Perumanallur (Tirupur District), Tamilnadu.  The article is terribly important for 3 reasons: 

  1. Unlike in most such cases the cattle were not released by police order etc. They stay rescued.
  2. PFCI makes an aggressive & legally sound complaint that enforces an FIR and therefore the matter is not just for the police to decide but the courts.
  3. The cattle as from so many parts of AndhraPradesh, Tamilnadu & Karnataka were being smuggled into Kerala for slaughter.

Credits & references

On Saturday, 20th September 2014 at 1200 hrs, 19 buffalo calves, 2 cows & 10 buffaloes we rescued by PFCI action @ Perumanallur in Tirpur district. This is a case study because not only are the cattle rescued – they stay safe because of sound legal action from the beginning.

PFCI rescue @ Perumanallur in Tirpur district of 31 heads of cattle

PFCI rescue @ Perumanallur in Tirpur district of 31 heads of cattle

Flagging down the Truck

Team PFCI was travelling from Chennai to Coimbatore when they spotted a suspicious looking truck on the National Highway. The truck was fully covered with blue tarpaulin on all sides. The truck was flagged down and was found to have 19 baby calves, 2 bulls & 10 buffaloes packed into the truck. Cattle were being transported from Andhiyur Shandy market to Kerala for slaughter. Cattle trafficking is illegal yet very common on the Kerala, TN & AP borders. A complaint was lodged by PFCI CEO Mr Mahendra Kumar at 1300 with the SHO Police Inspector, Mr Elango.

Making the police complaint

It is here that PFCI excels. The complaint by PFCI can be seen and downloaded here and is for the reference of any rescuer in Tamilnadu as is, and for others with modifications for relevant state laws. The complaint is clearly made out under:

  1. Contravention of  Transport of Animal Rules, 1978: The above Truck was carrying more than the allotted Six (6) Cattle as in
  2. Contravention of  Prevention of Cruelty towards Animals (PCA 1960):
    • Cattle were cramped and there was no Food, Water and Shelter.
    • They are not having the mandatory individual Health Certificate issued by Certified Veterinary Doctor.
    • The Truck does not have Cushion on the sides and the floor.
  3. Contravention of  IPC 428 & 429:
    • Cattle in the Truck are treated cruelly
    • Cattle were forcefully made to stand by putting a raw chilly in the eyes
    • Cattle look Suffocated, Dehydrated, Starved & Famished.
    • Cattle in the Truck need immediate medical attention.
  4. Contravention of  IPC 379:
    • ‘Owner’ does not have a Bill for purchase of Cattle, Consignee & Consignor Vouchers. Hence the Cattle in the Truck are considered to be stolen
  5. Contravention of  Tamil Nadu Motor Vehicles Act 1988:
    • The Truck is not designed for transporting animals & the Truck has illegal extension of chassis. The Truck owners have violated various Transport Laws
  6. Contravention of  Tamil Nadu Animal Preservation Act 1958:
    • Cattle in the Truck are Desi Indigenous Breed & they are preserved
  7. Contravention of  The Police Act 1861
  8. Contravention of  Article 48 in the Constitution of India 1949

“Organisation of agriculture and animal husbandry: The State shall endeavor to organize agriculture and animal husbandry on modern and scientific lines and shall, in particular, take steps for preserving and improving the breeds, and prohibiting the slaughter, of cows and calves and other milch and draught cattle”

The complaint also refers to the following court orders & judgments

  1. Hon’ble Supreme Court of India in Laxmi Narain Modi –vs- Union of India & others by its order dated 27.09.2013 in Writ Petition (C) No: 309 of 2003
  2. Madurai Bench of Madras High Court in Radha Rajan -vs- Chief Secretary, Govt of Tamilnadu & others by its order dated 06.02.2013 in W.P.(MD) No: 14848 of 2012
  3. Hon’ble High Court of Madras in Naseerulah –vs- State by Sub Inspector of Police, Coonoor & another by its order dated 14.03.2013 in Cr.R.C.No: 777 of 2010
  4. Hon’ble High Court of Madras in Elephant Rajendran –vs- State by Secretary to Govt, DGP, Secretaries of Transport, Revenue, Home & Administration Department & others by its order dated 11.06.2002 in W.P.No: 8502 of 2002
  5. Hon’ble TN State Human Rights Commission (SHRC) in People For Cattle in India –vs- State of Tamil Nadu & another by its order dated 07.04.2014 in SHRC.No: 8057 of 2013

An FIR was registered at 1630hrs at the police station. The driver & 2 helpers were arrested.

FIR in the case of PFCI rescue @ Perumanallur in Tirpur district.

FIR in the case of PFCI rescue @ Perumanallur in Tirpur district.

Handling the cattle after rescue

  1. The 31 Cattle were handed over by the Police to Vellingiri Gaushala located in Coimbatore. The Cattle were brought down & given good quantity of food & water.
  2. This is another key measure of success of this PFCI rescue – since unlike the commonplace practice the cattle are NOT released. PFCI  have filed an intervening petition at the Judicial Magistrate objecting the Return of Property (Cattle). It’s a lengthy process where the case will be heard at Judicial Magistrate, then later to District Magistrate and at High Court of Madras & finally at the Supreme Court. PFCI has 30+ Cases pending at Madras High court for the 35 Trucks with 1000 odd Cattle it rescued so far.

Participate in TN with PFCI

 

Since Feb 2013 when People for Cattle in India (PFCI) was formed they have rescued 1200 heads of cattle from 35 trucks in as many rescue ops. PFCI works on stopping the cattle trafficking, unauthorized slaughter houses & creating awareness. Their ultimate goal is to stop India from slaughtering & exporting cattle. Sadly India is the No. 1 exporter of Beef & Leather today.

To help cattle in TN reach out to PFCI on:

 

 

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