Ramsar Convention

 The Ramsar Convention deals with the conservation of :

(a) wet lands è

(b) endangered species of birds

(c) endangered species of wild animals

(d) none of the above

Ramsar Convention

The Ramsar Convention on Wetlands of International Importance Especially as Waterfowl Habitat is an international treaty for the conservation and sustainable use of wetlands. It is also known as the Convention on Wetlands. It is named after the city of Ramsar in Iran, where the convention was signed in 1971.

The Ramsar Convention's broad aims are to halt the worldwide loss of wetlands and to conserve, through wise use and management, those that remain.

It was established in 1971 by UNESCO and came into force in 1975. India is a party to the Ramsar Convention. India signed under it on 1st February 1982.

Two new Ramsar sites (Wetlands of International Importance) were announced by Minister for Environment, Forest and Climate Change, Shri Bhupender Yadav on World Wetlands Day 2022. Thus increasing the total number of Ramsar sites to 49. The two new Ramsar sites are Khijadia Wildlife Sanctuary in Gujarat and Bakhira Wildlife Sanctuary in Uttar Pradesh.

Sundarbans is the largest Ramsar Site of India. Chilika Lake (Orissa) and Keoladeo National Park (Rajasthan) were recognized as the first Ramsar Sites of India. Uttar Pradesh has the most number of Ramsar Sites in India. It has 10 Indian Wetlands. Renuka Wetland (Area – 20 ha) in Himachal Pradesh is the smallest wetland of India.

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What is not true about the Ramsar Convention?

A. It is a Convention on Wetlands

B. It is an intergovernmental treaty

C. It is part of the United Nations & UNESCO system of environment convention è

D. It was adopted in 1971

Explanation:

Ramsar Convention is adopted by UN for environment protection but UNESCO is an international organisation for for world heritage. The United Nations Educational, Scientific and Cultural Organization is a specialised agency of the United Nations aimed at promoting world peace and security through international cooperation in education, arts, sciences and culture.

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Reproductive Right of a woman: Part 1

Vande Matram! This is article based on multiple choice questions on feminist jurisprudence and gender justice in India. This is a series.

1) Over the last decade, Indian courts have issued several notable decisions recognizing women’s reproductive rights as part of the __________ implicitly protected under the fundamental right to life.

a) inalienable survival rights

b) human rights

c) fundamental rights

d) none of the above

Ans. a) inalienable survival rights

If you say that someone has an inalienable right to something, you are emphasizing that they have a right to it which cannot be changed or taken away.

2) ___________ disproportionately harm women due to their capacity to become pregnant and legal protection of these rights as human rights is critical to enable gender justice and the equality of women.

a) Violation of right to life

b) Violations of reproductive rights

c) Violation of right to equality and non-discrimination

d) Violations of fundamental rights

Ans. b) Violations of reproductive rights

3) India is signatory to _________ which recognizes reproductive rights.

a) Abolition of Forced Labour Convention (AFLC)

b) Employment Service Convention, (ESC)

c) Convention on the Elimination of All Forms of Discrimination against Women (CEDAW)

d) Labour Statistics Convention (LSC)

Ans. c) Convention on the Elimination of All Forms of Discrimination against Women (CEDAW)

4) India is signatory to _________ which recognizes reproductive rights.

a) International Convention to Facilitate the Importation of Commercial Samples and Advertising Material (ICFICSAM)

b) Aircraft Protocol to the Cape Town Treaty (APCTT)

c) Animal Production and Health Commission for Asia and the Pacific (APHCAP)

d) International Covenant on Civil and Political Rights (ICCPR)

Ans. d) International Covenant on Civil and Political Rights (ICCPR)

5) India is signatory to _________ which recognizes reproductive rights.

a) International Covenant on Economic, Social and Cultural Rights (ICESCR)

b) Kyoto Protocol (KP)

c) Employment Policy Convention (EPC)

d) Genocide Convention (GC)

Ans. a) International Covenant on Economic, Social and Cultural Rights (ICESCR)

6) India is signatory to _________ which recognizes reproductive rights.

a) Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography (OPSCCPCP)

b) Convention on the Rights of the Child (CRC)

c) Convention on the Rights of Persons with Disabilities (CRPD)

d) Constitution of the International Organization for Migration (CIOM)

Ans. b) Convention on the Rights of the Child (CRC)

7) __________ of the Indian Constitution and the judiciary has established that the government has a constitutional obligation to respect international law and treaty obligations.

a) Article 51(a)

b) Article 51(b)

c) Article 51(c)

d) Article 51(d)

Ans. c) Article 51(c)

8) Although India was among the first countries in the world to develop legal and policy frameworks ___________, women and girls continue to experience significant barriers to full enjoyment of their reproductive rights, including poor quality of health services and denials of women’s and girls’ decision-making authority.

a) for criminalization of abortions

b) imparting justice to rape victims

c) guaranteeing  forceful family planning operations of majority community

d) guaranteeing access to abortion and contraception

Ans. d) guaranteeing access to abortion and contraception

9) In which cases the Delhi High Court stated that “these petitions focus on two inalienable survival rights that form part of the right to life: the right to health which would include the right to access and receive a minimum standard of treatment and care in public health facilities and in particular the reproductive rights of the mother.”

a) Laxmi Mandal v. Deen Dayal Harinagar Hospital & Ors.

b) Jaitun v. Maternity Home, MCD, Jangpura & Ors.

c) Both a) and b)

d) None of these

Ans. c) Both a) and b)

Laxmi Mandal v. Deen Dayal Harinagar Hospital & Ors. and Jaitun v. Maternity Home, MCD, Jangpura & Ors., these two cases were concerning denials of maternal health care to two women living below the poverty line. In these cases by citing CEDAW and ICESCR, the decision held that “no woman, more so a pregnant woman should be denied the facility of treatment at any stage irrespective of her social and economic background…This is where the inalienable right to health which is so inherent in the right to life gets enforced.”

10) The High Court of Madhya Pradesh in __________, opined that “the inability of women to survive pregnancy and child birth violates her fundamental right to live as guaranteed under Article 21 of the Constitution of India” and “it is the primary duty of the government to ensure that every woman survives pregnancy and child birth.”

a) Mayank Rastogi vs Sh. V K Bansal & Osrs

b) Shankaria vs State Of Madhya Pradesh

c) Chander Kanta Bansal vs Rajinder Singh Anand

d) Sandesh Bansal v. Union of India

Ans. d) Sandesh Bansal v. Union of India

Importantly, the Bansal decision specifically rejected financial constraints as a justification for reproductive rights violations, and established that government obligations under Article 21 require immediate implementation of maternal health guarantees in the National Rural Health Mission, including basic infrastructure, such as access to blood, water, and electricity, in health facilities; timely maternal health services and skilled personnel; and effective referral and grievance redressal mechanisms where maternal health care is denied.

Thanks for reading till the end.

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Salient features of conventions for elimination of all forms of discrimination against women:

 

Article 1 of the CEDAW defines discrimination against women as follows:

Any distinction, exclusion or restriction made on the basis of sex which has the effect or purpose of impairing or nullifying the recognition, enjoyment or exercise by women, irrespective of their marital status, on a basis of equality of men and women, of human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field.

Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), human rights treaty adopted by the General Assembly of the United Nations in 1979 that defines discrimination against women and commits signatory countries to take steps toward ending it.

The convention, which is also known as the International Bill of Rights for Women, consists of 30 articles and includes an optional protocol (OP). Human rights agreements often include OPs to provide an alternative mechanism to hold governments accountable or to further elaborate on any substantive topic within the treaty itself.

The rights listed in the Convention for Elimination of all forms of Discrimination Against Women (CEDAW) cover many aspects of women’s lives and relate to political participation, health, education, employment, housing, marriage, family relations, and equality before the law.

Under CEDAW, governments are also responsible for ensuring that individual citizens and private organisations do not discriminate against women.

The CEDAW requires both substantive and formal equality, non-discrimination, and empowerment of women, therefore recognizes that formal equality alone is insufficient for a state to meet its obligation and requires measures to address both direct and indirect discrimination to achieve substantive equality between men and women.

CEDAW provides for the right to education of females, protect the reproductive right, sex trafficking and exploitation; political and civil rights, such as the right to vote; health, employment, and marriage; and specific issues affecting rural women, such as access to agricultural credit and loans.

The Committee on the Elimination of Discrimination against Women (CEDAW Committee) is the international body charged with monitoring the implementation of the legal obligations of the 189 States parties under the Convention on the Elimination of All Forms of Discrimination against Women (the CEDAW).

The CEDAW Committee monitors the progress made by the countries, which have ratified or acceded to the convention, in implementing CEDAW.

The CEDAW Committee is made up of 23 independent elected members (elected by countries who have signed CEDAW) who serve in their personal capacity as ‘gender experts.’

The CEDAW Committee meets three times a year to address specific topics related to CEDAW and to monitor and report on the progress of individual countries that have signed CEDAW.

Countries that have signed CEDAW are required to submit reports to the CEDAW Committee at least every four years.

Thus it can be concluded that CEDAW is the convention that enables feminist jurisprudence in the 189 countries that signed the convention. There is a CEDAW committee that monitors the implementation of measures taken to enforce the CEDAW provisions. This convention not only provides for the discrimination of women but also heinous crimes against women, such as trafficking, sexual violence, etc.

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References:

1) Committee on the Elimination of Discrimination against Women (CEDAW)

2) Convention on the Elimination of All Forms of Discrimination Against Women

3) The Convention on the Elimination of All Forms of Discrimination against Women(CEDAW): Sex Discrimination - International Activities

Mahisagar Mataji Samaj Seva Trust Vs State

Vande Matram friends! Welcome to the series on Animal Welfare in India. I am feeling proud of myself for presenting this series in front of you and I pray to Thy Almighty that I can share a maximum of information in this regard with you!

Those who want justice must knock on the doors of Courts!

Introduction:

In this article, you will know about a judgment of the Gujarat High Court in regards to Cattle Trespass. The judgment was written by Mr. Bhaskar Bhattacharya and J. B. Pardiwala. The case was decided on 12.03.2012.

Petitioner is a trust named Mahisagar Mataji Samaj Seva Trust through its President.

While there are three respondents: 1) State of Gujarat through Secretary Home Department, 2) Vadodara Municipal Corporation and 3) other.

Facts of the case:

The petitioner, a public charitable trust registered under the Bombay Trusts Act, at Vadodara has redressed a very serious grievance on behalf of the Maldharis (cattle owners) as regards a very highhanded and arbitrary action on the part of the respondents-authorities in not releasing a cattle impounded under the provisions of the Cattle Trespass Act, 1871 (for short, 'the Act').

The only source of livelihood for the Maldhari community is the income derived from the sale of milk and milk products. For this purpose, each and every Maldhari family has cattle. Each of the family is holding a valid permit issued by the Health Department of Vadodara Municipal Corporation for keeping cattle. As per the data provided, there are approximately 2000 families within the revenue limits of Vadodara settled at different places and the total number of cattle reared is more than 10000.

By provisions of the Act as and when the authority concerned seizes any cattle found straying on public roads, such cattle are sent to the nearest cattle pounds which are being managed by the Corporation. When the cattle owner approaches the authority for release of their cattle on payment of fine, the cattle are not being released on the ground that an important festival is on the way and they would be released only after the festival is over, justifying that during the period of an important festival such cattle would cause a lot of inconvenience and nuisance to the general public at large.

The present case is concerned, the fine which is being imposed is as per the notification issued by the Home Department of the State Government dated 15th October 2003. The said notification amends the rates of fine fixed for stray animals on the streets and roads of Municipal Corporations areas of the State under Government.

Dt. 22nd July 2011: hundreds of cattle were seized by the concerned department of the Vadodara Municipal Corporation and were sent to cattle pounds. Various applications were preferred by the respective cattle owners requesting for the release of their cattle on accepting the requisite amount of fine.

5th July 2010: a legal notice issued by an advocate to the Municipal Corporation in this regard to release the cattle. Representations were also made to the Collector, Vadodara Municipal Corporation. In spite of these, the respondents-authorities refused to release the cattle and kept them at cattle pounds in an unauthorised manner.

Hardly any fodder or water is being provided to them, as a result of which most of the cattle die and this again is nothing short of cruelty to the animals, which is otherwise also an offence under the provisions of Cruelty to Animals Act. If there is a procedure prescribed for the seizure of cattle and also for the release of such cattle, then the authorities are duty-bound to strictly comply with such procedure of law as prescribed under the Act.

Points raised by respondents:

A number of cattle are found straying on public roads and many cases of accidents have been reported. Due to such accidents occurring as a result of such cattle straying on public roads, the Corporation had to take steps for seizure of such cattle on daily basis. A separate independent department is monitoring the seizure of cattle which are found straying on the roads. The respondent Corporation has provided at least three cattle sheds; one is recognised as 'Khaswadi' cattle-shed having a capacity to accommodate around 190 cattle, the other two are recognised as 'Panigate' cattle-shed having a capacity to accommodate around 83 cattle, and 'Lalbaug' shed having a capacity to accommodate around 60 animals. For maintaining such cattle pounds, there is a provision for pure drinking water and fodder.

On seizure of the cattle by the Corporation, such cattle are handed over to local public charitable trusts after 15 days and such public charitable trusts would take care of such cattle. Such public charitable trusts are running 'Panjrapole' where cattle are being taken care of.

The Corporation received a number of representations from the citizens complaining about the nuisance being caused by straying cattle. Due to the festival of 'Janmashtmi' many cattle were seized and they were not released in spite of the fact that the owners of the cattle were ready and willing to deposit the fine.

Provisions of Cattle Trespass Act, 1871:

The Cattle Trespass Act, 1871 came to be enacted with the primary object to consolidate the law relating to cattle trespass. The said Act is a colonial law and is still enacted in independent India.

Section 11 of the Act empowers the authority concerned to seize cattle found straying on public roads, etc. Section 11 reads as under:

11. Cattle damaging public roads, canals and embankments. - Persons in charge of public roads, pleasure-grounds, plantations, canals, drainage-works, embankments and the like and officers of police, may seize or cause to be seized any cattle doing damage to such roads, grounds, plantations, canals, drainage-works, embankments and the like, or the sides or slopes of such roads, canals, drainage-works or embankments or found straying thereon, and shall send them or cause them to be sent within twenty-four hours to the nearest pound.

Section 4 of the Act provides for the establishment of pounds.

4. Establishment of pounds.- Pounds shall be established at such places as the Magistrate of the District, subject to the general control of the State Government, from time to time directs.

The village by which every pound is to be used shall be determined by the Magistrate of the District."

Section 5 provides for control of pounds.

5. Control of pounds. Rate of charge for feeding impounded cattle.- The pounds shall be under the control of the Magistrate of the District; and he shall fix, and may from time to time alter the rates of charge for feeding and watering impounded cattle.

Section 6 provides for appointment of pound-keepers.

6. Appointment of pound-keepers.- The State Government shall appoint a pound-keeper for every pound.

The duties of pound-keepers have been prescribed under Sections 7, 8 and 9 of the Act, which read as under:

7. To keep registers and furnish returns. - Every pound-keeper shall keep such registers and furnish such returns as the State Government from time to time directs.

8. To register seizures.- When cattle are brought to a pound, the pound-keeper shall enter in his registers,-

(a) the number and description of the animals,

(b) the day and hour on and at which they were so bought,

(c) the name and residence of the seizer, and

(d) the name and residence of the owner, if known, and shall give the seizer or his agent a copy of the entry.

9. To take charge of and feed cattle.- The pound-keeper shall take charge of, feed and water the cattle until they are disposed of as hereinafter directed.

Section 12 of the Act provides for the recovery of fines for cattle impounded.

12. Fines for cattle impounded.- For every head of cattle impounded as aforesaid, the pound-keepers shall levy a fine in accordance with the scale for the time being prescribed by the State Government in this behalf by notification in the Official Gazette. Different scales may be prescribed for different local areas. All fines so levied shall be sent to the Magistrate of the District through such officer as the State Government may direct.

List of fines and charges for feeding.- A list of the fines and of the rates of charge for feeding and watering cattle shall be posted in a conspicuous place on or near to every pound.

Section 13 provides for the procedure when the owner claims the cattle and pays fines and charges.

13. Procedure when owner claims the cattle and pays fines and charges. - If the owner of the impounded cattle or his agent appear and claim the cattle, the pound-keeper shall deliver them to him on payment of the fines and charges incurred in respect of such cattle.

The owner or his agent, on taking back the cattle, shall sign a receipt for them in the register kept by the pound-keeper.

Section 14 provides for the procedure if cattle be not claimed within a week.

14. Procedure if cattle be not claimed within a week.- If the cattle be not claimed within seven days from the date of their being impounded, the pound-keeper shall report the fact to the officer in charge of the nearest police-station, or to such other officer as the Magistrate of the District appoints in this behalf.

Such officer shall thereupon stick upon in a conspicuous part of his office a notice stating -

(a) the number and description of the cattle,

(b) the place where they were seized,

(c) the place where they are impounded, and shall cause proclamation of the same to be made by beat of drum in the village and at the market-place nearest to the place of seizure.

If the cattle be not claimed within seven days from the date of the notice, they shall be sold by public auction by the said officer, or an officer of his establishment deputed for that purpose, at such place and time and subject to such conditions as the Magistrate of the District by general or special order from time to time direct:

Provided that, if any such cattle are, in the opinion of the Magistrate of the District, not likely to fetch a fair price if sold as aforesaid, they may be disposed of in such manner as he thinks fit.

Section 15 is with regard to the delivery of cattle to the owner disputing the legality of the seizure.

15. Delivery to owner disputing legality of seizure but making deposit.- If the owner or his agent appear and refuse to pay the said fines and expenses, on the ground that the seizure was illegal and that the owner is about to make a complaint under section 20, then, upon deposit of the fines and charges incurred in respect of the cattle, the cattle shall be delivered to him.

Section 16 provides for the procedure when the owner refuses or omits to pay the fines and expenses.

16. Procedure when owner refuses or omits to pay the fines and expenses.- If the owner or his agent appears and refuses or omits to pay or (in the case mentioned in section 15) to deposit the said fines and expenses, the cattle, or as many of them as may be necessary, shall be sold by public auction by such officer at such place and time, and subject to such conditions, as are referred to in section 14.

Deduction of fines and expenses.- The fines leviable and the expenses of feeding and watering, together with the expenses of sale, if any, shall be deducted from the proceeds of the sale.

Delivery of unsold cattle and balance of proceeds.- The remaining cattle and the balance of the purchase-money, if any, shall be delivered to the owner or his agent, together with an account showing-

(a) the number of cattle seized,

(b) the time during which they have been impounded,

(c) the amount of fines and charges incurred,

(d) the number of cattle sold,

(e) the proceeds of sale, and

(f) the manner in which those proceeds have been disposed of.

Receipts.- The owner or his agent shall give a receipt for the cattle delivered to him and for the balance of the purchase-money (if any) paid to him according to such account.

Section 20 of the Act provides for power to make complaints.

20. Power to make complaints.- Any person whose cattle have been seized under this Act, or, having been so seized, have been detained in contravention of this Act, may, at any time within ten days from the date of the seizure, make a complaint to the Magistrate of the District or any Magistrate authorized to receive and try charges without reference by the Magistrate of the District.

Section 22 of the Act provides for compensation for illegal seizure or detention.

22.Compensation for illegal seizure or detention.- If the seizure or detention be adjudged illegal, the Magistrate shall award to the complainant, for the loss caused by the seizure or detention, reasonable compensation, not exceeding one hundred rupees, to be paid by the person who made the seizure or detained the cattle together with all fines paid and expenses incurred by the complainant in procuring the release of the cattle, Release of cattle.- And, if the cattle have not been released, the Magistrate shall, besides awarding such compensation, order their release and direct that the fines and expenses leviable under this Act shall be paid by the person who made the seizure or detained the cattle.

Section 27 is with regard to the penalty which can be imposed on the pound-keeper who failed to perform his duty under the Act.

27. Penalty on pounds-keeper failing to perform duties.- Any pound-keeper releasing or purchasing or delivering cattle contrary to the provisions of section 19, or omitting to provide any impounded cattle with sufficient food and water, or failing to perform any of the other duties imposed upon him by this Act, shall, over and above any other penalty to which he may be liable, be punished, on conviction before a Magistrate, with fine not exceeding fifty rupees. Such fines may be recovered by deductions from the pound-keeper's salary.

Section 29

29. Saving of right to sue for compensation.- Nothing herein contained prohibits any person whose crops or other produce of land have been damaged by trespass of cattle from suing for compensation in any competent court.

Provisions of PACC:

Section 2(a)

Section 2(a) of the Prevention of Cruelty to Animals Act, 1960 reads thus, 'animal' means any living creature other than a human being.

Section 3

3. Duties of persons having charge of any animals: It shall be the duty of every person having the care or charge of any animal to take all responsible measures to ensure the well-being of such animal and to prevent the infliction upon such animal of unnecessary pain or suffering.

Thus, PCAA imposes an obligation upon all persons/authorities for caring for the animals providing all necessary facilities for their care and life. In the above referred provision the words "charge of any animal" are significant. It is the duty of the custodian of animals to take care of animals including saving its life.

Constitutional provisions:

Article 51A

Article 51-A of the Constitution of India also provides that it shall be the duty of every citizen to have compassion for living creatures. The Constitution has imposed fundamental duties to all citizens to have compassion towards living creatures. The words used here are "living creatures". Hence, all the citizens are required to have compassion towards all living creatures including animals, birds, reptiles, and even small insects also.

The Hon'ble Supreme Court has expressed a new dimension to the words "to have compassion for living creatures" of Article 51-A(g). A Constitution Bench of 7 Judges held in paragraph 58 as under:

“In AIIMS Students' Union v. AIIMS and Ors., (2002) 1 SCC 428, a three-Judge Bench of this Court made it clear that fundamental duties, though not enforceable by writ of the court, yet provide valuable guidance and aid to interpretation and resolution of constitutional and legal issues. In case of doubt, peoples' wish as expressed through Article 51-A can serve as a guide not only for resolving the issue but also for constructing or moulding the relief to be given by the courts. The fundamental duties must be given their full meaning as expected by the enactment of the Forty-second Amendment. The Court further held that the State is, in a sense, 'all the citizens placed together' and, therefore, though Article 51A does not expressly cast any fundamental duty on the State, the fact remains that the duty of every citizen of India is, collectively speaking, the duty of the State.”

Now as per the ruling, fundamental duty under Article 51A(g) to have compassion towards living creatures is extended to State Government and Government authority. State is equally responsible for due care and protection of animals.

The universal declaration of animal rights

International League for Animal Rights has finally approved the declaration at London on 21st-23rd September 1977. Declaration proclaimed on 15th October 1978 United Nations and UNESCO has ratified the declaration Preamble "Considering that all living being possess natural rights and that any animal with a nervous system has specific rights."

Article 1: All animals are born equal and they have the same rights to existence.

Article 2: (a) Every animal has the right to be respected; (b) Man, like the animal species, cannot assume the right to exterminate other animals or to exploit them, thereby violating this right. He should use his conscience for the service of the animals; (c) Every animal has the right to consideration, good treatment and the protection of man.

Article 3: (a) No animal should be submitted to bad treatment or cruel actions; (b) If the death of an animal is necessary, this should be sudden and without fear or pain.

Article 4: (a) All animals belonging to a wild species have the right to live free in their natural environment, and have the right to reproduce; (b) Each deprivation of freedom, even for educational purposes, is in opposition to this right.

Article 5: (a) Every animal that usually lives in a domestic environment must live and grow to a rhythm natural to his species; (b) Any change to this rhythm and conditions dictated by man for mercantile purpose, is a contradiction of this law.

Article 6: (a) All animals selected by man, as companions must have a life corresponding to their natural longevity; (b) To abandon an animal is a cruel and degrading action.

Article 7: Working animals must only work for a limited period and must not be worked to exhaustion. They must have adequate food and rest.

Article 8: (a) Experiments on animals that cause physical and mental pain, are incompatible with animal rights, even if it is for medical, scientific, commercial or any other kind of experiment; (b) A substitute technique must be investigated and developed.

Article 9: In the eventuality of an animal bred for food, it must be fed, managed, transported and killed without it being in fear or pain.

Article 10: (a) No animal should be used for entertainment; (b) Animal exhibitions and shows that use animals are incompatible with an animal's dignity.

Article 11: Every action that causes the unnecessary death of an animal, is cruel which is a crime against life.

Article 12: (a) Every action that causes the death of a lot of wild animals is genocide, that is a crime against the species; (b) Pollution and destruction leads to the extinction of the species.

Article 13: (a) Dead animals must be treated with respect; (b) Violent scenes, where animals are the victims, must be forbidden at the cinema and on TV, unless they are for the demonstration of animal rights.

Article 14: (a) Protection and safeguarding associations must be represented at government level; (b) Animal rights must be defended by law as are human rights.

"The human species must consider itself an element of the terrestrial habitat and must respect co-existence and symbiosis. Any failure to respect these is an attack on nature, prejudicial to the whole ensemble of inanimate and animate beings." - Hon'ble Mr. Justice V. R. Krishna Iyer in an article named "The Rights of our Animal Brethren"

"The unity that runs thro' Creation is thus a basic truth. Nature has thus an integral relation with animalia and homo sapiens is an inseverable part of the evolutionary spirit the highest peak of ecological ascent. These great values are reflected in our constitution, a rare good fortune and a binding recognition. The State and the citizen are duty bound to promote and preserve ecology and environment as mandated by Articles 48A and 51A." ." - Hon'ble Mr. Justice V. R. Krishna Iyer in an article named "The Rights of our Animal Brethren"

Ancient beliefs:

The universality of divinity is a fundamental faith of Indian humanity rooted in the Rig Veda and manifest in the spiritual core of all religions.

The ancients have stated that God sleeps in the mineral, awakens in the vegetable, walks in the animals, and thinks in man.

The philosophical perspective of Animal Welfare is thus part parcel of our cultural heritage. Every time cruelty is practiced on man or beast or bird or insect, we do violence to the Buddha and Mahavira. Every torture on an animal and every export of animals is a sin to the memory of the founders of Bhartiya Sanskar.

Interpretation of provisions and analysis of facts by Court:

The Act undoubtedly empowers the authority concerned to seize or cause to be seized any cattle doing damage to such public roads, pleasure-grounds, plantations, canals, drainage-works, embankments, and the like, but at the same time, Section 13 of the Act also provides that if the owner of the impounded cattle or his agent appears and claims the cattle, the pound-keeper shall deliver such cattle to him on payment of fines and charges incurred in respect of such cattle. The mandate of the law is very clear. Once the owner of the cattle is ready and willing to pay the fine for getting his cattle released then the authority is duty-bound to release such cattle. If such cattle are once again found straying on public roads then it is always open for the authority to seize the same.

The court does not want to convey that public nuisance should be overlooked at the expense of animal rights. Public nuisance must be taken care of but the same must be taken care of only in accordance with law and not otherwise. It is always open for the authorities concerned to curb the menace of cattle straying on public roads and causing a nuisance, but when it decides to take steps under the law, then at that stage the authorities are expected and are duty-bound to treat such cattle with compassion even while keeping them at cattle-pound or at 'Panjrapole'.

We are constrained to observe this because over a period of time many cases have come to our notice that once cattle go to a cattle-pound or a 'Panjrapole', it is made to suffer and ultimately dies. Many cases have been reported where out of hundreds of seized cattle, hardly one cattle remains alive. The only reply to this so far has been that the cattle died due to some disease.

Directions given by the Court:

The authorities concerned shall strictly abide by the provisions of the Cattle Trespass Act, 1871;

The authorities concerned shall release the cattle seized under Section 11 of the Act, no sooner the owners of the cattle or their agent appear and claim the cattle, on payment of fines and charges incurred in respect of such cattle. At that stage, the authority shall not refuse release of the cattle on the ground of festival etc.;

The authorities concerned shall ensure that the pound-keepers appointed under Section 6 of the Act strictly comply with and abide by the provisions of the Act and perform their duty as prescribed under the Act;

The authorities concerned shall take care to see that if the cattle are not claimed by anyone within 7 days from the date of their being impounded, the authorities concerned shall comply with the provisions of Section 14 of the Act and take care to see that the cattle are kept in a good condition by providing water and fodder;

All District Magistrates of the State of Gujarat are hereby directed to ensure that the provisions of the Cattle Trespass Act, 1871 are scrupulously complied with and any violation of the same shall be dealt with strictly in accordance with the law.

Note: Part in Red is reproduced as it is from the Bare Act.

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Short Q and A on Public International Law: Part 15

Vande Matram!

These are some one-liner notes on Public International Law. Read them carefully and note them for your knowledge.

Short Q and A on Public International Law: Part 15

·         What is membership of UN status of newly formed state by separation?

o   When a new state is formed by separation from a member of United Nations then the new state couldn’t claim the status of a member of the U.N. unless it has been formally admitted as such in conformity with the provisions of the Charter.

·         What is universal succession or continuity theory of state succession?

o   Under the universal succession or the continuity theory, rights and duties may still pass to States that have lost extensive portions of their territories and/or have undergone radical changes in government as long as they are considered to have inherited the essential legal identity of the former member.

·         What is legal status of the universal successor?

o   The universal successor assumes the whole of the legal clothing of the person to whom he succeeds; steps, as it were, into his shoes. He takes over his rights and liabilities of every kind; his property (res singulae) and iura in re aliena, the debts and other obligations (such as rights of action for damages for breach of contract) owing to him, and the debts and obligations which he owes

·         What is succession of International persons?

o   Oppenheim has stated that a succession of international persons occurs when one or more international persons takes the place of another international person, in consequence of certain changes in the latter’s condition.

·         What is meant by ‘date of the succession of States’?

o   The Vienna Conventions simply state: 'date of the succession of States' means the date upon which the successor State replaced the predecessor State in the responsibility for the international relations of the territory to which the succession of States relates.

·         Which issues must be addressed in a state succession?

o   succession of governments, particularly revolutionary succession, and consequential patterns of recognition and responsibility.

·         What is general principle of riparian?

o   Under the riparian principle, all landowners whose properties adjoin a body of water have the right to make reasonable use of it as it flows through or over their properties.

·         What are the riparian rights?

o   The riparian rights include

§  right to access for swimming, boating and fishing;

§  the right to wharf out to a point of navigability;

§  the right to erect structures such as docks, piers, and boat lifts;

§  the right to use the water for domestic purposes;

§  the right to accretions caused by water level fluctuations;

§  the right to exclusive use if the water-body is non-navigable.

·         How riparian rights are enforced?

o   Riparian rights are dependent on the fact of ‘reasonable use’ and enforcement of riparian rights depends upon riparian owners to ensure that the rights of one riparian owner are weighed fairly and equitably with the rights of adjacent riparian owners.

·         What is a riparian nation?

o   nation across which, or along which, a river flows

·         Which convention governs riparian law?

o   United Nations Convention on the Non-Navigational Uses of International Watercourses (UN Convention). Approved on May 21 1997

·         What is equitable utilization of watercourse?

o   Article 5 requires watercourse nations to utilize an international watercourse in an equitable and reasonable manner with a view to attaining optimal and sustainable utilization and benefits consistent with adequate protection in the watercourse. This is equitable utilization of water course.

 

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Short Q and A on Public International Law: Part 14

Vande Matram!

These are some one-liner notes on Public International Law. Read them carefully and note them for your knowledge.

Short Q and A on Public International Law: Part 14

·         What are the methods of resolving any dispute by Security Council?

o   Security Council implements following methods for resolving any dispute:

§  explores the possibility of a peaceful resolution

§  International peacekeeping forces may be authorized to keep warring parties apart pending further negotiations

§  If the council finds that there is a real threat to the peace, a breach of the peace, or an act of aggression it may call upon UN members to apply diplomatic or economic sanctions.

§  If these methods prove inadequate, the UN Charter allows the Security Council to take military action against the offending nation.

·         Which convention governs succession of state?

o   Vienna Convention on Succession of States in Respect of Treaties, 1978 in short 1978 Vienna Convention

o   Vienna Convention on Succession of States in Respect of State Property Archives and Debts, 1983 in short 1983 Vienna Convention

·         What is definition of State Succession?

o   Article 2 (1)(b) of 1978 Vienna Convention defines state succession as “the replacement of one state by another in the responsibility for the international relations of territory”

·         What are the possible occurrences of state succession?

o   decolonization, unification, and separation

·         What is decolonization?

o   Decolonization is the accession to independence of a nonmetropolitan territory. E.g. Independence of India

·         What is unification?

o   Unification of states is the merger of two or more states into a new entity.

·         What is absorption?

o   In unification of states the predecessor states usually disappear; if not, one of them continues to exist and the case is referred to as absorption.

·         What is separation of state?

o   Separation is the creation of the successor state(s) while the predecessor state continues to exist. E.g. India-Pakistan partition

·         What is dismemberment?

o   Dismemberment is akin to separation, but all states disappear and two or more states are created.

·         What is the main agenda of 1983 Vienna Convention?

o   It deals with three topics—Debts, State Property, and Archives—and expressly reserves the application of international agreements regarding debts.

·         What are the four categorical headings of dealing in state succession?

o   As per International Law Commission State Succession can be dealt under these four categorical headings:

§  Treaties

§  State property, State debt and State archives

§  Membership to international Organizations

§  State succession and its impact on the nationality of natural and legal persons

·         Which conventions provides for status of treaties in state succession?

o   Vienna Convention on Succession of States in Respect of Treaties, 1978 also called Vienna I

·         Which conventions provides for bifurcation of state properties, debt and archives in state succession?#

o   the Vienna Convention on Succession of States in Respect of State Property Archives and Debts, 1983 also called Vienna II

·         What is tabula rasa or clean state doctrine?

o   The option of simply denying State succession to treaties, known as the tabula rasa or clean slate doctrine

 

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