To,
Shri. Praveen Pardeshi Ji – IAS
Principal Secretary Forest – Govt. of Maharashtra
Mantralaya, Vidhan Bahvan Marg, Nariman Point, Mumbai – 400 032. 022 22023363
...
Shri S.W.H.Naqvi Ji - IFS
Principal Chief Conservator of Forests - Head of Forest Force : M.S., Nagpur
3rd Floor, "Van Bhanvan", Ramgiri Road, Civil Lines, Nagur - 440 001. 0712 2550670
Shri Sarjan Bhagat Ji - IFS
Principal Chief Conservator of Forests – Wildlife : M.S., Nagpur
3rd Floor, "Van Bhanvan", Ramgiri Road, Civil Lines, Nagur - 440 001. 0712 2549563
Subject : Need to release better and more effective Circulars to prevent abuse of Elephants under the Wildlife (Protection) Amendment Act, 2002 in entire MAHARASHTRA State.
Reference :
Circular No. : D-8(4)/WLP/OW/128/07-08, Thane 400 603, Dated : 24/7/2007, Issued by the Chief Conservator of Forests – Thane
Circular Dated : 28th October 2013, Issued by the Additional Principal Chief Conservator of Forests (Wildlife) West Region
Respected Sir,
This is to bring to your notice that the above two Circulars are greatly flawed. The following flaws have been noticed due to which the owners / handlers etc. of Elephants exploit the loop-holes to abuse them and gain monetarily, thus evading prosecution. The Indian Elephant is listed at S. N. 12-B in Schedule – 1 of The Wildlife (Protection) Amendment Act 2002 and elephant is also a largest herbivorous animal.
The flaws noticed in these two Circulars are :
a. The Circulars restrict the jurisdiction of abuse to Mumbai, Navi Mumbai and Thane. (The jurisdiction needs to be extended to entire Maharashtra or if the issuing authority is of a Particular Region or CCF Area, then it should cover that entire Region or CCF Area.)
b. There is no provision for penalty for the law-breakers mentioned in the Circulars. The exact Sections of the law (Section 2(7A) read with Section 2 (39) 38H, 43 and 42 of Wildlife (Protection) Amendment Act 2002; Wildlife Protection Act 1972; Prevention of Cruelty to Animals (Transport of Animals on Foot) Rules 2001; Prevention of Cruelty to Animals Act 1960; Performing Animals Rules, 1973 & 2001; Indian Penal Code 1860., etc) which get violated and the resultant penalty needs to be mentioned in the Circulars.
c. Instructions need to be given to check-posts (of vehicular and of Forest Dept.) to be vigilant and thus ensure that no such transition of Elephants is permitted from one area to another.
d. Accountability needs to be well-defined upon every law-enforcer (i.e. Range Forest Officer, Guards at Forest Check Post, Round Officers and up to the Chief Conservator of concerned region, if they fail to detect such violations or fail to act upon such violations when brought to their notice by animal lovers or concerned citizens.
e. All permissions needed for display, performance in circus or otherwise, transition, for joy-rides, display in temples etc. need to be checked by the concerned law-enforcers before any other permissions are granted by the Forest Depts. ( That is the co-ordination between various authorities concerned to animal / wildlife – Police, Forest Check Post Staff, Animal Welfare Board of India, Officers of Conservators of Forests etc. needs to be fine-tuned in order to ensure that no loop-holes are exploited by the law-breakers to cause distress and abuse of Elephants).
f. The Circulars needs to mention the Helpline Nos., Addresses and E-mail ids of law-enforcers which citizens can avail of when they notice abuse of Elephants.
g. Every Circular should have the Department rubber Stamp, Phone Nos., Postal Address and E-mail id mentioned in the Circular so as to make it authentic.
h. The Circulars need to be widely circulated and displayed via various offices of the law-enforcement Departments and also prominently displayed on the Department websites for easy access for the citizens.
i. All law-enforcement Departments should be directed to promptly take cognizance of complaints of Elephant abuse and should act immediately upon them so as to act as a deterrent for the law-violators.
Sir, co-ordination Committee should be instituted comprising of Police, Forest Officers and NGO representatives at regional and State and CCF level to ensure that law-enforcement is promptly done, failing which appropriate action is initiated against the concerned officers for dereliction of duty and non-implementation of laws.
Please note if really prompt action would have been taken on the above two Circulars, then abuse and deaths of Elephants such as Roopkali, Bijlee - Ramu etc. would have been prevented.
So once again we request you to kindly ensure that your good office and the various subordinate Departments under the Forest Department issue foolproof Circulars so as to ensure zero abuse of Elephants and other animals.
We would appreciate if you could inform us of the action taken on our above suggestions so that your proactive actions are promptly communicated to other animal welfare organisations and concerned citizens.
Thanking you.
In the service of animals and environment,
For Plant & Animals Welfare Society – Mumbai
Shri. Praveen Pardeshi Ji – IAS
Principal Secretary Forest – Govt. of Maharashtra
Mantralaya, Vidhan Bahvan Marg, Nariman Point, Mumbai – 400 032. 022 22023363
...
Shri S.W.H.Naqvi Ji - IFS
Principal Chief Conservator of Forests - Head of Forest Force : M.S., Nagpur
3rd Floor, "Van Bhanvan", Ramgiri Road, Civil Lines, Nagur - 440 001. 0712 2550670
Shri Sarjan Bhagat Ji - IFS
Principal Chief Conservator of Forests – Wildlife : M.S., Nagpur
3rd Floor, "Van Bhanvan", Ramgiri Road, Civil Lines, Nagur - 440 001. 0712 2549563
Subject : Need to release better and more effective Circulars to prevent abuse of Elephants under the Wildlife (Protection) Amendment Act, 2002 in entire MAHARASHTRA State.
Reference :
Circular No. : D-8(4)/WLP/OW/128/07-08, Thane 400 603, Dated : 24/7/2007, Issued by the Chief Conservator of Forests – Thane
Circular Dated : 28th October 2013, Issued by the Additional Principal Chief Conservator of Forests (Wildlife) West Region
Respected Sir,
This is to bring to your notice that the above two Circulars are greatly flawed. The following flaws have been noticed due to which the owners / handlers etc. of Elephants exploit the loop-holes to abuse them and gain monetarily, thus evading prosecution. The Indian Elephant is listed at S. N. 12-B in Schedule – 1 of The Wildlife (Protection) Amendment Act 2002 and elephant is also a largest herbivorous animal.
The flaws noticed in these two Circulars are :
a. The Circulars restrict the jurisdiction of abuse to Mumbai, Navi Mumbai and Thane. (The jurisdiction needs to be extended to entire Maharashtra or if the issuing authority is of a Particular Region or CCF Area, then it should cover that entire Region or CCF Area.)
b. There is no provision for penalty for the law-breakers mentioned in the Circulars. The exact Sections of the law (Section 2(7A) read with Section 2 (39) 38H, 43 and 42 of Wildlife (Protection) Amendment Act 2002; Wildlife Protection Act 1972; Prevention of Cruelty to Animals (Transport of Animals on Foot) Rules 2001; Prevention of Cruelty to Animals Act 1960; Performing Animals Rules, 1973 & 2001; Indian Penal Code 1860., etc) which get violated and the resultant penalty needs to be mentioned in the Circulars.
c. Instructions need to be given to check-posts (of vehicular and of Forest Dept.) to be vigilant and thus ensure that no such transition of Elephants is permitted from one area to another.
d. Accountability needs to be well-defined upon every law-enforcer (i.e. Range Forest Officer, Guards at Forest Check Post, Round Officers and up to the Chief Conservator of concerned region, if they fail to detect such violations or fail to act upon such violations when brought to their notice by animal lovers or concerned citizens.
e. All permissions needed for display, performance in circus or otherwise, transition, for joy-rides, display in temples etc. need to be checked by the concerned law-enforcers before any other permissions are granted by the Forest Depts. ( That is the co-ordination between various authorities concerned to animal / wildlife – Police, Forest Check Post Staff, Animal Welfare Board of India, Officers of Conservators of Forests etc. needs to be fine-tuned in order to ensure that no loop-holes are exploited by the law-breakers to cause distress and abuse of Elephants).
f. The Circulars needs to mention the Helpline Nos., Addresses and E-mail ids of law-enforcers which citizens can avail of when they notice abuse of Elephants.
g. Every Circular should have the Department rubber Stamp, Phone Nos., Postal Address and E-mail id mentioned in the Circular so as to make it authentic.
h. The Circulars need to be widely circulated and displayed via various offices of the law-enforcement Departments and also prominently displayed on the Department websites for easy access for the citizens.
i. All law-enforcement Departments should be directed to promptly take cognizance of complaints of Elephant abuse and should act immediately upon them so as to act as a deterrent for the law-violators.
Sir, co-ordination Committee should be instituted comprising of Police, Forest Officers and NGO representatives at regional and State and CCF level to ensure that law-enforcement is promptly done, failing which appropriate action is initiated against the concerned officers for dereliction of duty and non-implementation of laws.
Please note if really prompt action would have been taken on the above two Circulars, then abuse and deaths of Elephants such as Roopkali, Bijlee - Ramu etc. would have been prevented.
So once again we request you to kindly ensure that your good office and the various subordinate Departments under the Forest Department issue foolproof Circulars so as to ensure zero abuse of Elephants and other animals.
We would appreciate if you could inform us of the action taken on our above suggestions so that your proactive actions are promptly communicated to other animal welfare organisations and concerned citizens.
Thanking you.
In the service of animals and environment,
For Plant & Animals Welfare Society – Mumbai
Sunish Subramanian Kunju (Secretary)
Editor : Plant & Animal Voice
Hony. Animal Welfare Officer : Animal Welfare Board of India (Govt. of India)
Hony. Animal Welfare Officer : Committee to Monitor Animal Welfare Laws in Maharashtra
Attached : Copy of both the circulars
Copy to :
1. Shri. Patangrao Kadam Ji - Hon. Minister of Forest, Govt. of Maharashtra, Mumbai.
Mantralaya, Vidhan Bahvan Marg, Nariman Point, Mumbai – 400 032.
2. Shri. Chaitanya Murti Ji - Asst. Inspector General of Forests (Project Elephant) & CPIO, Ministry of Environment and Forests, Room No. 414, Block-3, CGO Complex, New Delhi-110003.
3. Secretary, Animal Welfare Board of India, 13/1, Third Seaward Road, Valmiki Nagar, Thiruvanmiyur, Chennai- 600 041, T. N.
Hony. Animal Welfare Officer : Animal Welfare Board of India (Govt. of India)
Hony. Animal Welfare Officer : Committee to Monitor Animal Welfare Laws in Maharashtra
Attached : Copy of both the circulars
Copy to :
1. Shri. Patangrao Kadam Ji - Hon. Minister of Forest, Govt. of Maharashtra, Mumbai.
Mantralaya, Vidhan Bahvan Marg, Nariman Point, Mumbai – 400 032.
2. Shri. Chaitanya Murti Ji - Asst. Inspector General of Forests (Project Elephant) & CPIO, Ministry of Environment and Forests, Room No. 414, Block-3, CGO Complex, New Delhi-110003.
3. Secretary, Animal Welfare Board of India, 13/1, Third Seaward Road, Valmiki Nagar, Thiruvanmiyur, Chennai- 600 041, T. N.
