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PROCEDURE FOR
CRUELTY INVESTIGATION |
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You've seen
an animal being abused and want
to do something to stop it,but
you don't know what to do. Here
are a few steps to help you
with a cruelty investigation.
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| WHERE TO
START: |
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First, find
out who in your town, district
or state investigates and enforces
the anti cruelty laws. Often
these people work for local
humane societies, societies
for the prevention of cruelty
to animals (SPCA's),or animal
shelters.
If you cannot locate the proper
person, call or visit your area
SHO to ask for help in enforcing
the law. Before doing so,check
the National and state law books
in your local library or animal
welfare organisation. The National
and State laws will tell you
exactly what your laws prohibit
a person from doing to an animal,
and should make a photocopy
to take with you. In most States,
causing the "unnecessary
suffering" of an animal
is illegal, as is beating and
depriving him or her of food,
and so on.
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| GATHERING
EVIDENCE: |
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Once you have
located a proper law enforcement
officer, provide him/her with
a concise, written, factual
statement of what you have observed,
giving dates and approximate
times. If you can photograph
the situation and date your
photographs. you should also
try to get short,factual, written
statements from witnesses.
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| PURSUING
YOUR CASE: |
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If you are
not able to get satisfaction
from the enforcement officers,
present your documents case
to their supervisors, and if
necessary, to your local government
officals, such as the localMLA,
and ask them to act. If you
have witnessed the cruel act
yourself, you can go to your
local police officer to issue
out a warrant to summon the
accused person to court. Sometimes
expert witness may be necessary
to the case. A veterinarian
for example, can sign a statement
that it is his / her "expert
opinion" that a dog suffers
if swung by a chain, deprived
of food, etc.
Expert opinions often make or
break a case. So if you know
a sympathetic veterinarian,
you may wish to seek his/her
assistance and tell the officer
you have expert support. By
keeping a factual, will documented,
step-bt-step record of the case,
if all else fails, you can always
visit or call your local newspapers
or television station and try
to interest reporters in the
story.A news story may force
official to act, or scare the
person causing the abuse into
stopping. Other people who have
seen similar acts may then be
sufficiently encouraged to step
forward.
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| HOW TO
APPROACH THE POLICE FOR HELP: |
- Approach the police (above
the rank of constable) politely
and briefly explain the situation.
- Request them to take action
against the offender.
- If they state it is not
their job to protect animals
as there are far too many
human problems, politely enlighten
them about their role in the
PCA Act, 1960 (quote the relevant
sections). If in Delhi, do
tell them about the Delhi
Police Act, 1978 Chapter IX
entitled "the Prevention
of Cruelty to animal".
- Insist on their involvement
and offer your help.
- Inform them that the injured
or distressed animal shelter
and not left at the police
station. This will reassure
them.
- File an FIR if necessary.
- Do the necessary follow
up.
- Do praise him/her after
his involvement, no matter
how small.
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| HOW TO
INFORM POLICE ON PHONE : |
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In an emergency
situation telephone your local
police station or dial 100 (Central
Control Room) Get your "Ticket
number" if you have dialed
100. Get the name and designation
of the police personnel if you
have called your local police
station. Note the date and time
on both occassions.If you wish
to remain anonymous you do not
need to reveal your identity.
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| HOW TO FILE
A CRUELTY CASE WITH THE SPCA: |
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- Record the
event in detail -i.e., the day,
date, time, place/address, the
person or persons committing
the offence etc. and if possible
take photographic evidence.
- Register the offence with
the SPCA, make them stamp and
your copy. Keep the copy safely.
- The SPCA then deputes the
enforcement staff to the "Scene
of the crime", who make
enquiries in order to confirm
your complaint.
- On the basis of what they
witness and hear, they will
make a report. Your presence
would make a difference.
- If the offence can be rectified
by a verbal warning, then a
challan is not cut, nor the
animal impounded.
- If the Metropolitan Magistrate
feels that the animal should
be taken away from the owner,
he can have the animal removed
to the shelter for treatment
or re-homing.
- The SPCA enforcement staff
can also take the help of the
police, in case the need arises.
- You can also have the cruelty
case followed up through your
local animal welfare organisation,
if you can't go through the
SPCA or if you wish to remain
anonymous.
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| HOW TO
FILE AN F.I.R. (FIRST INFORMATION
REPORT): |
- FIRs are filed at your local
police station when you wish to
put down in record an incident
which you wish to bring to the
notice of your local police and
at the same time seek their help
in solving it. (eg. loss of wallet,
train ticket, incident, or any
other loss).
- Make out a detailed description
of the lost animal with a photograph
(or any cruelty complain). Address
it: to the SHO (Station House
Officer), of your area.
- To file an FIR, write the facts
on a plain peice of paper which
you yourself may prepare in duplicate,
with the date, your name and address,
details of the complaint and the
people involved , if any.
- The officer on duty at the police
station is responsible for making
all the necessary entries.
- The copy of the FIR should be
duly signed, stamped and dated
(note the time as well) by the
police station which you should
keep safely.
- This is applicable not only
to lost animals, but to any animal
you have found (which might be
lost), cruelty to animals, illegal
activities with regard to animals
eg. trade in wildlife, illegal
slaughtering of animals and illegal
slaughter houses, bird sellers,
cruelty to animals in zoos, circuses,
pets etc.
- The Prevention of Cruelty to
Animals Act, 1960 under section
11 covers a large number of cruelties
and offences on the basis of which
you could file FIRs.
Insist on filing an FIR. It is
your right.
- Do not lose the stamped copy
(by the officers on duty) of the
FIR and keep enquiring about the
progress. This copy is the proof
that the Police have received
the information. |
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