CHECKING OVERLOADING OF DRAUGHT & PACK ANIMALS

1.
DOCUMENTATION
2.

CONDITION OF THE ANIMAL

3.
CONTENTS
4.

WHAT CAN ONE DO IF ONE SEES AN ANIMAL BEING TREATED INHUMANLY


CHECKING OVERLOADING OF DRAUGHT & PACK ANIMALS
  

Draught animals refer to that category of animals which are used for drawing any vehicle or carrying any load for various purpose. They include buffaloes, cows, horses, mules, ponies, donkeys and camels. In our daily life we often see draught animals struggling with heavy loads or being treated badly by their owners/drivers or other persons.

This pamphlet deals with various aspects of the problem of overloading draught animals, the relevant legal instruments that exist to prevent it and, more importantly, what we as citizens can and should do to fight and improve the condition of animals.

All issues pertaining to the rights and welfare of animals are legally taken care of by the Prevention of Cruelty to Animals Act (PCA), 1960 and the Rules thereunder. Section 11(1)(a) of PCA describes overloading animals as a "cruelty" and prohibits any form of human behaviour that causes unnecessary pain/suffering to an animal. These include actions like kicking, beating, overloading and torturing. More specific rules and guidelines with regard to the problem of overloading are laid down under the Prevention of Cruelty to Draught and Pack Animals Rules, (PCDPA), 1965.

Any effort to check cruelty against draught animals should look for the following :

•documentation concerning the registration of the cart/vehicle,

•condition of the animal,

•weight of the load.

DOCUMENTATION
 
Each cart which operates in a city should be registered with the corporation. This license number serves as an identification for such carts. The certificate regarding the unladen weight of the vehicle, issued by an Animal Welfare Organisation which is authorised by the Animal Welfare Board of India, should also be checked and accepted as evidence of the weight of such vehicles (Rule 10 of PCDPA, 1965).
CONDITION OF THE ANIMAL
 

In order to establish whether or not the animal is treated cruelly, the following should be looked into :

-Is the gait normal or is the animal limping?

-Does it have any sores on its body?

-Is it frothing at the mouth?

-Is the animal bleeding?

-How is the animal being treated by the owner/driver?

Does he, for instance:

CONTENTS

Since the newsletter is going mainly to a readership already converted to the cause, refrain from preachy, moralistic articles about the cruelty and unfairness of man's behaviour to animals.

Instead concentrate on recent news and information that highlight the organisation/cause, work that has been done during that period, provide members useful directions/guidelines and specific knowledge on particular issues e.g. nutrition, animal laws and so on.

The newsletter can include a few regular features such as

- Letter from the Editor/Issue of the day

•have a stick with a nail at the end?

•poke the animal with a sharp instrument?

•poke a stick into the rectum?

•hit to make the animal run?

•use the animal when the temperature is very high?

•use the animal for more than five hours in a day at a stretch?

•give the animal sufficient rest, food and water?

•disengage/unharness the animal after work?

As mentioned earlier, PCA, 1960 and PCDPA, 1965 are the two primary legal instruments to prevent such cruelties to animals. Some of the important sections and rules concerning this are:

Section 3 of PCA, 1960, which makes it a duty for the person in charge of the animal to ensure its well being and prevent any infliction of unnecessary pain or suffering to it.

Section 11 of PCA, 1960 lays down a list of actions that can be considered cruel, and makes it illegal to do any of the following:

•beating, kicking, overloading, torturing or otherwise causing unnecessary pain suffering to an animal,

•using sick or injured animals for work,

•administering injurious drugs or substances to an animal or inducing an animal to take such drugs or substance, •failing to provide an animal sufficient food, drink and shelter,

•mutilating or killing an animal in an unnecessarily cruel manner

•confining an animal. This section also makes an owner liable to imprisonment if he fails to exercise such care and supervision.

Section 29 of PCA, 1960 gives the court the power to deprive persons convicted of ownership of an animal. In such a situation, the court can, on the basis of evidence, order that the owner forfeits the animal to the Government and may order disposal of the animal. If necessary, it can also prohibit the offender from owning any kind of animal in future.

Rule 6 of the PCDPA, 1965 prohibits the use of an animal for more than nine hours a day and more than five hours at a stretch. It also prohibits the use of an animal when the temperature exceeds 37 0 C between 12 noon to 3 p.m.

Rule 7 of the PCDPA, 1965 directs a person to see that the animal is disengaged after work. This means that

the harness should be removed from the animal after it is no longer needed for work.

Rule 8 of PCDPA, 1965 prohibits the use of any spiked stick, bit or sharp equipment likely to cause bruises or swelling or severe pain to the animal.

the harness should be removed from the animal after it is no longer needed for work. Rule 8 of PCDPA, 1965 prohibits the use of any spiked stick, bit or sharp equipment likely to cause bruises or swelling or severe pain to the animal.

WEIGHT OF THE LOAD

The most important aspect in understanding and dealing with the problem of over loading is to check the weight of the load that is being carried which is ideal. The weight of the cart can be checked on a weigh bridge. However, if there is no weigh bridge nearby one can use the volume of the material to approximate the weight of the items. This gives a rough idea of whether or not cart is overloaded.

Rule 3 of the PCDPA, 1965 lays down the maximum load an animal should be made to carry with respect to its individual weight and the type of vehicle it is drawing. A tabular representation is shown below: The most important aspect in understanding and dealing with the problem of over loading is to check the weight of the load that is being carried which is ideal. The weight of the cart can be checked on a weigh bridge. However, if there is no weigh bridge nearby one can use the volume of the material to approximate the weight of the items. This gives a rough idea of whether or not cart is overloaded.

Rule 3 of the PCDPA, 1965 lays down the maximum load an animal should be made to carry with respect to its individual weight and the type of vehicle it is drawing. A tabular representation is shown below:

Sl.No:
Animal
Vehicle
Maximum load (in kg.)
(1)
(2)
(3)
1
Small bullock/buffalo (less than 250 kg.)

Two-wheeled

-with ball bearings

-with pneumatic tyres without pneumatic tyres

1,000

750

500

2
Medium bullock/buffalo (250 kg.-350 kg.)

Two-wheeled

-with ball bearings

- without pneumatic tyres

- without pneumatic tyres

1,400

1,050

700

3
Large bullock/buffalo (more than 350 kg.)

Two-wheeled

- with ball bearings

- with pneumatic tyres

- without pneumatic tyres

1,800

1,350

900

4
Horse or mule

Two-wheeled

- with pneumatic tyres

- without pneumatic

750

500

5
Pony

Two-wheeled

- with pneumatic tyres

- without pneumatic tyres

600

400

6
Camel Two-wheeled 1,000

Note:

(a) Where the vehicle is four-wheeled, the weight specified in column 3 should be read as one and a quarter times and if it is pneumatic four wheeled, as one and a half times as much as the weight specified.

(b) Where the vehicle is drawn by two animals the weight specified in each case should be read as being twice and if the vehicle is fitted with pneumatic tyres, as being two and a half times as much as the weight so specified.

(c) All weights specified are inclusive of the weight of the vehicle.

Rule 4 of the PCDPA, 1965 lays down the maximum load for certain pack animals. The load set down under this rule are:

Animal
Maximum load (in kg.)

Small bullock/buffalo (less than 250 kg.)

Medium bullock/buffalo (250-350 kg.)

Large bullock/buffalo (more than 350 kg.)

Pony

Mule

Donkey

Donkey

100

150

175

70

200

50

250

Rule 5 of PCDPA, 1965, which lays down the maximum number of passengers for an animal drawn vehicle, prohibits the person in charge of the vehicle to allow more than 4 persons, excluding the driver and children below the age of 6 years to ride on the vehicle.

WHAT CAN ONE DO IF ONE SEES AN ANIMAL BEING TREATED INHUMANLY

 

Whenever any violation is noticed in the Rules discussed above one can file an F.I.R. against the owner of the animal and, if possible, accompany a senior police officer to the cart so that action may be taken before the owner has time to flee. In case one feels that the cart man will not stay till one returns, one can position a friend near the cart while calling the police. The name, address and license number of the cart man should also be taken.

Rule 11(1) of the PCDPA, 1965, which deals with the powers of police officers and other authorised persons states that any police officer above the rank of a constable or person authorised by the Government or Board, can make the owner take the cart and animal to the nearest weighbridge and, if found overweight, can punish the culprit or even confiscate the animal and cart. If, for some reason, the police officer is not supportive, one should move to a higher authority and finally the court.

One can always seek the support of the local SPCA office in pursuing such cases.

However, if all these methods fail to work, one can mobilise the cooperation of local people by explaining the problem to them and kind of help one expects from them. If need be, one can mob the cart, harass the driver or make him arrange for an additional cart to transport the load properly.

Having discussed some of the aspects of overloading, what needs to be understood is that very often this form of cruelty is not deliberate but results from the certain compulsions or lack of understanding. Hence one should also make the owners/drivers aware of the consequences of their acts and what is the correct thing for them to do so that the animals are treated well. Educating them on these issues is closely linked with winning the trust of the owners/drivers tongawallahs. In order to achieve this, one can organise frequent medical camps at the same day, time and at a fixed place. Such an assembly would help one to explain to owners/drivers the laws and other related issues associated with the problem of overloading.

 

 

INTRODUCTION

CONSTITUTION ACTS BOARD'S FUNCTION INVESTIGATION OFFICERS\ MEMBERS ORGANISATIONS GRANTS POLICY PUBLICATIONS CONTACT US
 

copyright @ 2002 Fusiontec Software.

For more details:
ANIMAL WELFARE BOARD OF INDIA

info@fusiontecsoftware.com

awbi@md3.vsnl.net.in