Bishnu Sendra Parva:An Annual Hunting Festival of Jharkhand
PASHUDHAN PRAHAREE DESK,8TH MAY 2022
BishnuSendra Parva is an annual hunting festival observed by tribals of Jharkhand and the neighbouring Odisha and West Bengal.The festival is a years old ritual where tribals from the state and bordering areas of Orissa, Bihar and Bengal, join to hunt in the forests of Dalma hills on the outskirts of city.The tribals offer animals and birds as sacrifice to the local deity, Dalma Guru.Sendra, also known as Bishu Shikar, is a tribal festival observed on a particular date in May every year, wherein tribal men and women armed with traditional weapon raid the jungles and kill animals and birds. The festival is being observed on May 8 in the protected Dalma Wildlife Sanctuary (DWS), a famous abode of domestic and migrant elephants near Jamshedpur. Sendra or Bishu Shikar is the annual hunting festival of tribals which is scheduled at the sprawling 192 sq km elephant abode on May 9.
Sendra Parv will be celebrated with enthusiasm on 9th May. This was announced on Saturday by Rakesh Hembram, holder of the tribal title ‘Dalma Raja’. The tribal hunting ritual is going to be observed after a gap of two years due to the COVID pandemic. But this time round, the festival will be completely bloodless as the tribal people participating in the ritual will kill no animals.
“We have decided to kill or hurt no animal this year. We will ascend the Dalma Hill as per the ritual and follow every religious rites but will not hunt any animal. All of us have unanimously decided to do so in the larger interest of the wild animals and environment,” said Hembram.
Divisional Forest Officer (DFO) Dr. Abhishek Kumar and Forest Ranger Dinesh Chandra also attended the meeting which took place a few days ago at Hembram’s residence. A gira sakam (fallen palm leaf) was given to him as a traditional tribal invitation to participate in Sendra.
Before the announcement, the tribal leader and his followers worshipped all tribal deities. Around 10,000 tribal people from Bihar, Odisha, West Bengal and Jharkhand are expected to participate in the Sendra Parv celebrations at Dalma Hills. The participants will carry only traditional weapons and no guns, nets or noose with them. The Sendra ritual will start with a puja at Fadlogora on 8th May. The forest department’s drive to conserve wildlife by putting a ban on hunting and killing of wild animals, tribals have shown results with Sendra Samiti, Dalma and villagers declaring to celebrate their indigenous annual hunting festival scheduled on May 9 peacefully.
According to information, in meeting with the Dalma WildLife officials, the villagers and functionaries of Sendra Samiti agreed that the festival would be celebrated with religious discourses and activities like archery contests rather than hunting the wild animals.
It may be mentioned that every year, the forest department tries to educate villagers about the importance of wildlife and animals but still dozens of animals including deer, boar and wild buffaloes are killed during. Clad with hunting weapons like bows and arrows, they go into the jungle in search of animals by beating drums and chanting holy hymns.
Meanwhile, the forest department is geared up to stop the tribals from hunting wild animals. Eleven strategic locations have been identified where members of Eco Club and villagers would be deployed to convince the tribals not to go hunting.
The samiti would also appeal to all the tribal organisations in the next couple of days to not kill animals during Sendra but observe token rituals. Meanwhile, the forest department is geared up to stop the tribals from hunting wild animals. Dalma authorities keep a tight vigil at the sanctuary in the run-up to the hunting festival. Patrol teams tour the sanctuary and also seize traps and nets which are spread at strategic pockets by the tribals. Frisking is also done at the Makukalocha and Fadlugora entry points to prevent the entry of firearms.
Dalma wildlife sanctuary, located some 30 km from Jamshedpur is a home for Asiatic elephants. Several other wild animals are also found including wild boars, giant Indian squirrels, spotted deer and peacocks.Such practices in the name of religious festivals are ban under the India laws.
Punishment for animal cruelty and laws for animal welfare in India
“The greatness of a nation and its moral progress can be judged by the way its animals are treated”. – Mahatma Gandhi
The Prevention of Cruelty to Animal Act, 1960: a glance
The Prevention of Cruelty to Animal Act, 1960 is one of the most comprehensive laws on the subject of animal welfare in India. It is an Act of the Parliament passed on 26 December 1960 with a vision to prevent cruelties on animals.
The main objective of the Act is:
- The Act prevents unnecessary pain or suffering on animals.
- The Act enshrines provisions for establishing the Animal Welfare Board of India, its powers, functions, constitution, and term of the office of members of the Board.
- The Act enshrines the guidelines regarding the experimentation on animals for scientific purposes and empowers a committee to make rules with regards to such experiments.
- The Act restricts the exhibition and training of performing animals. Both the terms ‘exhibit’ and ‘train’ are separately defined under Section 21of the Act.
Various forms of cruelty and their punishment
The PCA Act, 1960 provisions empower law enforcement agencies, animal welfare workers, and citizens who care for animals to take action against the culprits. As far as animal welfare laws are concerned, all acts of cruelty are covered under Section 11 of the Act. Section 11 of the PCA Act, 1960 deals with various forms of cruelties and atrocities perpetrated on both, domesticated and wild animals. This section has 16 sub-sections dealing with the different forms of cruelty, under which a person is liable for a fine of ten rupees, which may extend to fifty rupees. Whereas, in the subsequent offence, i.e. the offence committed within three years of the previous offence, shall be punishable with three months imprisonment and a minimum fine of twenty-five rupees which may extend up to one hundred rupees.
The categories of offences under Section 11 are as follows:
SECTION 11(1)(a): Causing pain, suffering, or injury to an animal.
Any person treating an animal which results in unnecessary pain, suffering, and injury to that animal. It includes acts like beating, kicking, overriding, overdriving, overloading, and torturing the animal as an offence.
SECTION 11(1)(b): Employing any unfit animal for work or labour.
Any person taking work from or has employed a sick, infirm, or wounded animal is an offence. A complaint can be filed against anyone who uses an animal suffering from any disease, infirmity, wound, or other causes which render the animal unfit for any kind of work or labour.
SECTION 11(1)(c): Administering any injurious drug or substance.
It is illegal to willfully and unreasonably administer any injurious drug or substance to any domestic or captive animal. This section also prohibits forcing an animal to take such drugs and substances. For example, using Oxytocin injection by dairymen on cows or buffaloes to increase milk production is illegal unless taken under the proper prescription of a veterinary doctor.
SECTION 11(1)(d): Carrying or transporting animals in a cruel manner.
This section forbids carrying or transporting any animal in such a manner as to subject them to pain and suffering. It applies to the transportation of animals through vehicles or walking them on foot. As per the rules mentioned under the PCA Act 1960, a lorry can carry up to six adult cattle, and a goods wagon cannot carry more than ten cattle.
SECTION 11(1)(e): Housing an animal in a place that hampers free movement.
Keeping or confining any animal in any cage or enclosure of insufficient size failing to permit the animal a reasonable opportunity for movement is an offence.
SECTION 11(1)(f): Restricting animal’s movement by using heavy chain or chord.
This section made it illegal to keep any animal chained, tethered for an unreasonable time.
SECTION 11(1)(g): Habitually chaining up of a pet dog by an owner.
If a pet or a dog owner does not exercise their pet dog or is habitually chaining up or keeping a dog in close confinement is an offence. For example, all dog owners are legally bound to take their companion dogs on a daily 30-minute walk in Germany.
- SECTION 11(1)(h): Sufficient food, drink, or shelter.
It is the responsibility of the owner of any animal to provide sufficient food, drink, and shelter.
SECTION 11(1)(i): Abandoning an animal.
If a person abandons any animal, which renders that animal to suffer pain either due to starvation or thirst is an offence.
SECTION 11(1)(j): Allowing a sick/injured animal to go at large in the streets.
Suppose a person permits any animal to go at large or roam freely in the streets while that animal suffers from any contagious or infectious disease. This section also forbids a person to abandon any diseased or disabled animal to die in the streets.
SECTION 11(1)(k): Selling any animal suffering from pain.
Selling or possessing any animal suffering pain due to mutilation, starvation, thirst, overcrowding or other ill-treatment is an offence.
SECTION 11(1)(l): Mutilate or kill any animal.
This section made those activities punishable which includes mutilation or killing of any animal including stray dogs by using the method such as strychnine injections, or any cruel practices.
SECTION 11(1)(m): Animal used for entertainment purposes.
Using an animal solely for entertainment is an offence under this section. This section strictly forbids confining any animal, including tying an animal as bait in a tiger or wildlife century, to make that animal an object of prey. It completely restricts provoking any animal to fight or bait any other animal simply for entertainment purposes.
SECTION 11(1)(n): Organising or managing a place for conducting animal fights.
A person shall be held guilty for selling the land or premises for conducting animal fights. This section also prohibits a person from organising animal fights and collecting money from spectators as entry fees.
SECTION 11(1)(o): Promoting or participating in a shooting competition.
This section prohibits any kind of promotion or participation in a shooting competition that involves animals. There are some activities where animals are released from captivity for such shootings.
Most of the offences committed under Section 11 are non-cognizable, which means the offender can be arrested only after obtaining an arrest warrant from the Judicial officer. However, offences committed under Section 11 sub-section 1 clause (l), (n), (o) are classified as cognizable offences (under Section 31 of the Act), and police can arrest a culprit without any warrant. The violation of Section 12 is also a cognizable offence, which forbids activities like ‘doom dev’ or ‘phooka’ performed upon any cow or milch animal to improve lactation. It contains an imprisonment term for a maximum of two years, with a fine which may extend up to one thousand rupees.
How to file a complaint?
It is the responsibility of every citizen to protect animal rights. Any person who witnessed the cruelty against an animal can report the matter to a local police station or DSPCA (District Society for the Prevention of Cruelty to Animals) and seek their help in enforcing the law for punishing the offender. If the police are unresponsive, then a complainant can reach a nearby NGO like PETA (People for the Ethical Treatment of Animals), and they will assist to take a stand against animal cruelty.
Animal cruelty complaints can be directly reported to:
- Local police station.
- DSPCA (District Society for the Prevention of Cruelty to Animals).
- Senior Government officials at the State or District Animal Welfare Board.
A person can file an FIR against the culprit and provide police with a concise written statement and photograph of the situation (if available). A culprit can be charged under Sections 428 and 429 of the IPC, both are regarded as cognizable and bailable offences.
- Section 428: Whoever commits mischief by killing, poisoning, maiming, or rendering useless any animal of the value of ten rupees or upwards shall be punishable with imprisonment of a maximum of two years with fine, or with both.
- Section 429: Whoever commits mischief by killing, poisoning, maiming, or rendering useless any animal of the value of fifty rupees or upwards shall be punishable with imprisonment of a term which may extend up to five years, or with fine, or both.
Both the above provisions defined under Chapter XVII of the IPC apply only to animals with any monetary value (be it above ten rupees or fifty rupees as mentioned under Section 428 and 429). These provisions hardly attract a crime committed on stray animals because they are not household pets and do not hold any monetary value. Therefore, if any cruelty happens to a stray animal, it is very tough to apply these provisions because that animal is not purchased from a pet shop and hence does not carry a monetary value nor can be classified as someone’s property.
Several NGOs are providing access through their websites to register an online complaint of animal abuse. Any complainant can directly visit the websites of animal welfare organisations to get their assistance regarding the filing of a complaint.
Offences and penalties
Section 11(2) of the PCA Act, 1960 makes it obligatory for animal owners to exercise due care and supervision to prevent cruelty against animals owned by them. If they failed to follow these obligations, they shall be held guilty.
Inflicting any form of cruelty on animals is an offence under section 11 of the Act. The commission of the first offence has a maximum fine of fifty rupees per animal. In the case of subsequent offence within three years is punishable for a fine of a maximum of one hundred rupees and three months of imprisonment or both. The court can order for the forfeiture of an animal subjected to cruelty, and after that, the animal is considered government property. The court can also prohibit the convicted person from having custody of any animal. This ban can be permanent or either for a fixed period and decided by the court.
Legislations regarding animal welfare in India
The Prevention of Cruelty to Animals Act, 1960
With the adoption of the PCA Act, India became one of the first countries to enact a comprehensive law against animal cruelty. The Act defines the term ‘Animals’ as all species of animals (except human beings). However, the term cruelty has not been precisely defined under the Act, but roughly it means the infliction of unnecessary pain and suffering. This Act provides for the constitution of a committee to look after the various aspects of experimentation on animals, i.e. to supervise and control their use of experimentation so that animals can be saved from the sufferance of avoidable pains.
The Wildlife Protection Act, 1972
The Wildlife Protection Act, 1972 is a hallmark in the history of wildlife protection in India. This Act came into force on 9 September 1972 and consists of 60 sections and VI schedules- divided into eight chapters. The term ‘wildlife’ is defined under Section 2(37) as ‘Any animal, aquatic or land vegetation which forms part of any habitat’. The Act was implemented to ensure the protection of India’s wildlife (both territorial and aquatic) and their habitats.
As per Section 62 of the Act, States can send a list of wild animals to the Centre requesting to declare them vermin for selective slaughter. This Act empowers the Central Government to declare any wild animal (other than those specified in Schedule I and Part 11 of Schedule H) to be vermin for any area for a given period.
While the Act ensures the protection of wildlife animals, unfortunately, animals do not enjoy specific protections under the Act.
