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Conditional Orders Under Section 163 of The BNSS: Crack Down Illegal Slaughterhouse in Faridabad

The document is a formal communication to the police regarding the enforcement of animal welfare laws and the prevention of cruelty to animals, referencing various legal orders and regulations. It emphasizes the importance of humane treatment in slaughterhouses and outlines the responsibilities of citizens and officials in ensuring compliance with animal welfare standards. The author, a retired member of the State Committee for Slaughter Houses, advocates for the protection of animal rights and the adherence to Supreme Court directives.

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Naresh Kadyan
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0% found this document useful (0 votes)
124 views60 pages

Conditional Orders Under Section 163 of The BNSS: Crack Down Illegal Slaughterhouse in Faridabad

The document is a formal communication to the police regarding the enforcement of animal welfare laws and the prevention of cruelty to animals, referencing various legal orders and regulations. It emphasizes the importance of humane treatment in slaughterhouses and outlines the responsibilities of citizens and officials in ensuring compliance with animal welfare standards. The author, a retired member of the State Committee for Slaughter Houses, advocates for the protection of animal rights and the adherence to Supreme Court directives.

Uploaded by

Naresh Kadyan
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

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To, 18-4-2025
SHO, Police Station, sector- 31, Faridabad.

Subject: Conditional orders, under 163 of the Bharatiya Nagarik Suraksha


Sanhita, 2023, against cruelty to animals, to avoid, contempt of Hon’ble
Supreme Court of India, orders dated 27-8-2013, in CWP No. 309 of 2003 and
WP(C) No. 23 of 2016 of Constitutional Bench, orders 18-5-2023, restoration of 5
freedoms for animals and protecting religious right of community.
References:
Crack down appointing Duty Magistrate as per directions-

Compliance of observations of the Hon’ble Principal Bench of National Green


Tribunal, in case of: Recall all CTE – CTOs, shut down all slaughterhouses,
preventive halal certification, because after stunning, halal certification is not
possible, direct all concerned, don’t play with the sentiments of Muslims.
1. OA No. 667 of 2024: Order attached.
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2. OA No. 737 of 2024: Order attached.


3. OA No. 743 of 2024: Order attached.
4. OA No. 744 of 2024: Order attached.
5. OA No. 746 of 2024: Order attached.

Greetings,

Being an active part of Community Policing as man of many achievements and


distinctions: Voice for voiceless: Fighter by spirit: Jat by birth: Philanthropist
by profession: Activist by mission: Cobbler by qualification: Scouting by
passion: Humanitarian by choice: Gandhian by vision and action, habitual khadi
wearers and speaking truth, performing fundamental duties, as social reformer,
compassionate citizen, and unpaid labour for flora and fauna, with our mission:
Conservation beyond imagination, Whistleblower for community service, it is
humbly submitted that:
1. I am a retired non-official Member, State Committee for Slaughter Houses,
Department of Urban and Local Bodies (Govt. of Haryana), established as per
directions of Hon’ble Supreme Court of India, in CWP No. 309 of 2003.
2. I am a Master Trainer in Animal Welfare, decorated by the Govt. of India,
retired as Commissioner, Bharat Scouts and Guides, Haryana.
3. Lifetime working as Chief National Commissioner, Scouts and Guides for
Animal and Birds, along with National Authority for Animal Welfare, OIPA:
Indian People for Animals.
4. I had been CPCSEA nominee, Nodal Inspecting Authority for Haryana and
adjoining Rajasthan, for Animal Welfare Division (Govt. of India) and
Inspecting Authority for Animal Welfare Board of India, for Haryana and
Punjab, as per item No. 3 of 39th AGM of AWBI, keeping in view the
recommendations of Screening Committee of AWBI.
5. I had been volunteers of Wildlife Crime Control Bureau / Convener of Animal
Welfare Political Party, political wing for flora and fauna, with the Convener of
the AWBI- NIAW Alumni Association.
6. International Union for Conservation of Nature: IUCN - 2021-2025: Member,
Commission on Education and Communication / CEC Nature for all Network /
CEC Reimagine Conservation Network / CEC Nature Education for
Sustainability Network / CEC Youth Engagement, and Intergenerational
Partnerships.
Fundamental duties: It shall be the duty of every citizen of India:

(a) to abide by the Constitution and respect its ideals and institutions, the
National Flag, and the National Anthem.
(b) to cherish and follow the noble ideals which inspired our national
struggle for freedom.
(c) to uphold and protect the sovereignty, unity, and integrity of India.
(d) to defend the country and render national service when called upon to
do so.
(e) to promote harmony and the spirit of common brotherhood amongst
all the people of India transcending religious, linguistic, and regional or
sectional diversities, to renounce practices derogatory to the dignity of
women.
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(f) to value and preserve the rich heritage of our composite culture.
(g) to protect and improve the natural environment including forests,
lakes, rivers and wildlife, and to have compassion for living creatures.
(h) to develop the scientific temper, humanism and the spirit of inquiry
and reform.
(i) to safeguard public property and to abjure violence.
(j) to strive towards excellence in all spheres of individual and collective
activity so that the nation constantly rises to higher levels of endeavour
and achievement.
(k) who is a parent or guardian to provide opportunities for education to
his child or, as the case may be, ward between the age of six and fourteen
years.

It is further submitted, that-

Prevention of Cruelty to Animals (Slaughter House) Rules, 2001 and Prevention


of Cruelty to Animals (Slaughter House) Amendment Rules, 2010:
Rule 2: Definitions – In these rules unless the context otherwise requires:
b) “Slaughter” means the killing or destruction of any animal for the
purpose of food and includes all the processes and operations performed
on all such animals in order to prepare it for being slaughtered.
c) “Slaughter house” means a slaughter house wherein 10 or more than
10 animals are slaughtered per day and is duly licensed or recognised
under a Central, State or Provincial Act or any rules or regulations made
thereunder.
d) “veterinary doctor” means a person registered with the Veterinary
Council of India established under the Indian Veterinary Council Act, 1984
(52 of 1984).
Rule 6. Slaughter –
(1) No animal shall be slaughtered in a slaughter house in sight of other
animals
(2) No animal shall be administered any chemical, drug or hormone
before slaughter except drug for its treatment for any specific disease
or ailment.
(3) The slaughter halls in a slaughter house shall provide separate
sections of adequate dimensions sufficient for slaughter of individual
animals to ensure that the animal to be slaughtered is not within the
sight of other animals.
(4) Every slaughter house as soon as possible shall provide a separate
space for stunning of animals prior to slaughter, bleeding and dressing
of the carcasses
(5) Knocking section in slaughter house may be so planned as to suit
the animal and particularly the ritual slaughter; if any and such
knocking section and dry landing area associated with it shall be so
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built that escape from this section can be easily carried out by an
operator without allowing the animal to pass the escape barrier.
(6) A curbed-in bleeding area of adequate size as specified by the
Central Government shall be provided in a slaughter house and it shall
be so located that the blood could not be splashed on other animals
being slaughtered or on the carcass being skinned.
(7) The blood drain and collection in a slaughter house shall be
immediate and proper
(8) A floor wash point shall be provided in a slaughter house for
intermittent cleaning and a hand-wash basin and knife sterilizer shall
also be provided for the sticker to sterilize knife and wash his hands
periodically.
(9) Dressing of carcasses in a slaughter house shall not be done on
floor and adequate means and tools for dehiding or belting of the
animals shall be provided in a slaughter house with means for
immediate disposal of hides or skins;
(10) Hides or skins shall be immediately transported from a slaughter
house either in a closed wheelbarrow or by a chute provided with self-
closing door and in no case, such hides or skins shall be spread on
slaughter floor for inspection
(11) Floor wash point and adequate number of hand wash basins with
sterlizer shall be provided in a dressing area of a slaughter house with
means for immediate disposal of legs, horns, hooves and other parts of
animals through spring load floor chutes or sidewall doors or closed
wheelbarrows and in case wheelbarrows or trucks are used in a
slaughter house, care shall be taken that no point wheelbarrow or truck
has to ply under the dressing rails and a clear passage is provided for
movement of the trucks.
12. Adequate space and suitable and properly located facilities shall be
provided sufficient for inspection of the viscera of the various types of
animals slaughtered in a slaughter house and it shall have adequate
facilities for hand washing, tool sterilization and floor washing and
contrivances for immediate separation and disposal of condemned
material.
13. Adequate arrangements shall be made in a slaughter house by its
owner for identification, inspection and correlation of carcass, viscera
and head.
14. In a slaughter house, a curbed and separately drained area or an
area of sufficient size, sloped 33 mm per meter to a floor drain, where
the carcasses may be washed with a jet of water, shall be provided by
the owner of such slaughter house.
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Ensure and confirm stunning before slaughtering, which is mandatory before


slaughtering of an animal, keeping in view, Food Safety and Standards
(Licensing and Registration of Food Businesses) Regulation, 2011:
Rule 3.6:
Separate space shall be provided for stunning (Wherever applicable), for
collection of blood and for dressing of the carcasses. The slaughtering of
an animal shall not be done in the sight of other animals. The dressing of
the carcass shall not be done on the floor. Suitable hoists will be provided
to hang the carcass before it is eviscerated.
Rule 4.0: Slaughter:
Animals are slaughtered by being first stunned and then exsanguinated
(bled out). Stunning can be affected through asphyxiating the animals
with carbon dioxide, shooting them with a gun or a captive bolt pistol, or
shocking them with electric current.
Rule 4.1.: Stunning:
Stunning before slaughter should be mandatory. By inducing
unconsciousness and insensibility, stunning can avoid and minimise
reactions of fear and anxiety as well as pain, suffering and distress among
the animals concerned. Stunning methods induce temporary loss of
consciousness and rely on prompt and accurate sticking procedures to
cause death. It is important that the equipment utilized for stunning and
slaughter is maintained in good working condition and that all operators
involved are well trained and have a positive attitude towards the welfare
of animals. Electrical stunning consists of passing electricity through the
brain to produce instantaneous insensibility.
The following method of slaughter shall be considered humane: —
(i) Mechanical stunning of cattle may be carried out by one of three
methods; captive bolt stunning, mushroom head percussive stunning
and pneumatic percussive stunning. For cattle, pneumatic stunning
should be preferred and the optimum position is that the centre of the
stunner should contact the animal at a point of intersection of lines
drawn from the medial corners of the eyes and the base of the ears.
The best position for pigs is on the midline just above eye level, with
the host directed down the line of the spinal cord. The optimum
position for sheep and goat is behind the poll, aiming towards the
angle of the jaw. If an animal shows signs of regaining consciousness
after the initial stun, the animal must be immediately killed by the use
of a captive bolt gun.
(ii) Electrical stunning –
Electrical Head Stunners may be preferred for sheep and goat
where both electrodes are placed on the head region. Water bath
electrical stunning may be used for poultry birds. A low and
controlled voltage must be maintained so that the stunning will not
damage the heart and brain or cause physical disability and death
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to the animals. The minimum current level recommended for


stunning are indicated in the table below.
Species Minimum current levels for head-only
stunning
Cattle 1.5 Amps
Calves 1.0 Amps
(bovines of less than 6 month of age)
Pigs 1.25 Amps
Sheep and goats 1.0 Amps
Lambs 0.7 Amps
Broilers 100 milli Amps
Turkeys 150 milli Amps
iii). Gas stunning –
Stunning of pigs by exposure to carbon dioxide (CO2) may be preferred.
The concentration of CO2 should be 90% by volume but shall not be less
than 80% by volume. Ideally pigs should be exposed for 3 minutes.
Sticking should be done immediately after exit from the gas chamber.
Over-crowding of animals should be avoided in the gas chamber.
Rule 5: Precautions for animal welfare:
General:
(5) High pitch sounds such as whistling and yelling should be avoided to spare
distress to animals.
The following factors have been identified as critical to animal welfare:
(a) supervision and training of employees.
(b) Designing of animal transport cart and unloading bay.
(c) Proper construction of holding/resting pen, stunning box,
maintenance of stunning equipment, restraining systems, gates and
other animal handling equipment.
(d) Avoiding distractions that make animals refuse to move.
(e) Monitoring the condition of animals arriving at the plant.
(f) Proper design of equipment in the slaughter house.
Keeping this in view, the following need to be observed to ensure humane
treatment of animals brought for slaughter: —
Pre-slaughter handling of animal should be carefully done to reduce
stress. Resting of the animals is essential. Only animals which are
disease free and, in a condition, to walk should be brought for slaughter.
Distractions that impede animal movements such as, reflections, air
blowing towards animals and movement or high pitch noise, need to be
avoided. Herding of animals should not be done through electric prods
but with the help of plastic bags or sticks.
A high standard of training is required for employees to ensure that the
basic hygiene and safety practices are followed while handling animals.
Equipment which is used for slaughter such as captive bolt stunner,
gates, hooks etc should be kept in good working condition and
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cleanliness of floors etc. needs to be ensured. There should be daily


check to ensure the smooth working of equipment and cleanliness of
floors.
The condition of the animals arriving at the plant should be monitored.
Animals which are injured or not in a condition to walk should not be
slaughtered.
Inspecting personnel should pay particular attention to these points to
ensure reasonable standards of animal welfare.
Rule 6: Poultry welfare: Welfare programme:
The conditions under which broilers are housed and the way that they are
managed during their growing phase, transportation and slaughter are set
down in several government/industry endorsed Model Codes of Practice
designed to safeguard their welfare.
A model welfare program needs to be developed for pick-up, transport
and broiler/chicken processing sectors. Processing unit shall incorporate
elements of this welfare audit in their own quality plans and manuals.
A Model programme shall envisage following:
Poultry Suppliers and processors must have a documented program for
poultry welfare envisaging following;
(a) Catching: Poultry intended for slaughter plant should be clean and in
good health. Every reasonable precaution should be taken to minimize
injury to poultry. The catcher needs to be trained to this effect.
(b) Transport: For transport of poultry crates shall be in good repair. There
shall be no crate/cage damage that would allow injury to poultry or allow
crates to accidentally open. Transport crates should not be over-filled and
enough space should be provided to allow all poultry to lie down.
(c) Holding: Poultry held in storage sheds should be provided adequate
ventilation and climate control such as fans or curtains.
(d) Stunning:
Stunning equipment should be properly maintained to confirm that
poultry are insensible prior to slaughter, and the time between stunning
and slaughter should be limited to minimize any likelihood that poultry
may regain consciousness prior to slaughter.
Humane slaughter (poultry):
While the chickens are reared specifically for human consumption and
they therefore at some stage have to be slaughtered, they should be
slaughtered in a humane manner, and all poultry should be stunned
(rendered insensible to pain) prior to slaughter.
Slaughter equipment at all supply facilities should be properly maintained
to confirm that the poultry are slaughtered quickly.

Power to issue order in urgent cases of nuisance or apprehended danger:


Section 163 of the Bharatiya Nagarik Suraksha Sanhita, 2023:
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(1) In cases where, in the opinion of a District Magistrate, a Sub-divisional


Magistrate or any other Executive Magistrate specially empowered by the State
Government in this behalf, there is sufficient ground for proceeding under this
section and immediate prevention or speedy remedy is desirable, such
Magistrate may, by a written order stating the material facts of the case and
served in the manner provided by section 153, direct any person to abstain from
a certain act or to take certain order with respect to certain property in his
possession or under his management, if such Magistrate considers that such
direction is likely to prevent, or tends to prevent, obstruction, annoyance or
injury to any person lawfully employed, or danger to human life, health or safety
or a disturbance of the public tranquillity, or a riot, or an affray.
(2) An order under this section may, in cases of emergency or in cases where
the circumstances do not admit of the serving in due time of a notice upon the
person against whom the order is directed, be passed ex parte.
(3) An order under this section may be directed to a particular individual, or to
persons residing in a particular place or area, or to the public generally when
frequenting or visiting a particular place or area.
(4) No order under this section shall remain in force for more than two months
from the making thereof: Provided that if the State Government considers it
necessary so to do for preventing danger to human life, health or safety or for
preventing a riot or any affray, it may, by notification, direct that an order made
by a Magistrate under this section shall remain in force for such further period
not exceeding six months from the date on which the order made by the
Magistrate would have, but for such order, expired, as it may specify in the said
notification.
(5) Any Magistrate may, either on his own motion or on the application of any
person aggrieved, rescind or alter any order made under this section by himself
or any Magistrate subordinate to him or by his predecessor-in-office.
(6) The State Government may, either on its own motion or on the application of
any person aggrieved, rescind or alter any order made by it under the proviso
to sub-section (4).
(7) Where an application under sub-section (5) or sub-section (6) is received, the
Magistrate, or the State Government, as the case may be, shall afford to the
applicant an early opportunity of appearing before him or it, either in person or
by an advocate and showing cause against the order; and if the Magistrate or
the State Government, as the case may be, rejects the application wholly or in
part, he or it shall record in writing the reasons for so doing
Halal versus haram: Stunning before slaughtering, can’t avail halal certification
Why it was not regulated yet being criminal conspiracy in the Roorkee Region?
Regulating Halal transportation of animals, towards slaughterhouses,
under section 10 of the Prevention of Cruelty to Animals Act, 1960,
educating community under section 9(k) of said Act.
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Prayers:
Keeping in view, my regular representations, to perform- Complaint in good faith
- Community Policing: Conditional orders, under 163 of the Bharatiya Nagarik
Suraksha Sanhita, 2023, against cruelty to animals, to avoid, contempt of
Hon’ble Supreme Court of India, orders dated 27-8-2013, in CWP No. 309 of 2003
and WP(C) No. 23 of 2016 of Constitutional Bench, orders 18-5-2023, restoration
of 5 freedoms for animals and protecting religious right of community, Remove
all public nuisance, including illegal meat shops cum slaughter houses, lodging
FIR against all concerned including all designated public servants of Municipal
Corporation / Animals Husbandry / Health – FSSAI etc, cancelling all
permissions, rescuing all abused poultry birds, along with unhygienic meat,
threat to public life.
B - Public nuisances: Conditional order for removal of nuisance.
C - Urgent cases of nuisance or apprehended danger.
STOP - Haram animal shifting and slaughtering, threat on social fabric, hurting
my religious feeling and believes: Restoration of 5 freedoms for animals.

Immediate attention:
1. Article 51A of Indian Constitution, read with section 2 and 3 of the
Prevention of Cruelty to Animals Act, 1960 / section 2(2) of Bharatiya
Nyaya Sanhita, keeping in view, section 36 of the Prevention of Cruelty to
Animals Act, 1960 / Rule 96 of the Animal Transportation Rules, 1978,
amended in 2001 and 2009 / Rule 13 of the Prevention of Cruelty to
Animals (Transport of Animals on Foot) Rules, 2001 / Central Motor
Vehicle (Eleventh Amendments) Rules, 2015 - Central Motor Vehicle (13th
Amendments) Rules, 2016 and Central Motor Vehicle (13th Amendments)
Rules, 2018 / Rule 3 of the Veterinary Council of India Standard of
Professional Conduct, Etiquette and Code of Ethics, for Veterinary
Practitioners Regulations, 1992 / Prevention of Cruelty to Animals (Animal
Husbandry Practices and Procedures) Rules, 2023 / Prevention of Cruelty
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to Animals (Establishment and Regulation of Societies for Prevention of


Cruelty to Animals) Rules, 2001 / Prevention of Cruelty to Animals
(Slaughter House) Rules, 2001 amended in 2010.
2. Compendium issued in CWP No. 309 of 2003, of Supreme Court, read with
orders passed on 27-8-2013.
3. Section 2(d) of the Prevention and Control of Infectious and Contagious
Diseases in Animals Act, 2009: “Compulsory vaccination” means
vaccination of any animal against any scheduled disease in respect of
which vaccination is made mandatory under the provisions of this Act.
4. Food Safety and Standards (Food Products Standards and Food
Additives) Regulation, 2011 / Food Safety and Standards (Licensing and
Registration of Food Businesses) Regulation, 2011 / Food Safety and
Standards (Prohibition and Restriction of Sales) Regulation, 2011 / Food
Safety and Standards (Vegan Foods) Regulations, 2022.
With scouting spirits ……
Distribution:
To lodge FIR, cracking illegal slaughter Houses, rescue abused animals and
birds, for further treatment, care and shelter.
1. DCP, NIT Faridabad.
2. SDM, Faridabad.
3. Health Department – FSSAI, Faridabad.
4. RO, Pollution Control Board, Faridabad, keeping in view RTI replied
dated 18-4-2025 as attached.
5. Society for Prevention of Cruelty to Animals: DSPCA.
6. AWBI.

Convener, Animal Welfare Political Party,


Master Trainer in Animal Welfare to Govt. of India
Naresh Kadyan,
Chief National Commissioner,
Scouts & Guides for Animals & Birds,
National Authority for Animal Welfare,
OIPA: Indian People for Animals,
Retired Commissioner, Bharat Scouts and Guides, Haryana
Ex-Member, State Committee for Slaughterhouses, Haryana
C- 38, Rose Apartment, Sector- 14, Rohini, Roorkee -110085.
WhatsApp: 9813010595, Email: [Link]@[Link]
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