Private aquarium maybe flouting Central Zoo Act

Sunday, June 21, 2009

Owner says premises used as treatment centre for injured animals, yet charges fee of Rs 10 to visitors, which makes it a mini zoo without required sanction

Once again, questions have been raised on investigations that the Anti Poaching Unit (APU) on Dolphin Fish Aquarium and Boating Club, Irla Chowk has conducted after TWM’s article ‘Dolphin Aquarium suspected of poaching’. Their search of this fish recreation centre has not only failed to find skins of monitor lizard that the complainant provided proof of, the APU has avoided involving the complainant for the investigations carried out.
About Pics : At the Dolphin Aquarium, monitor skin lizards (inset) have been seen in the past

States Sunish Subramanian, Secretary, PAWS, “During our meet with Satish Phale, Assistant Conservator of Forests (ACF), APU in May 27, which had RFO, Vigilance, Rajendra Magdum, PAWS-Mumbai, Member, Mihir Joshi and Owen Misquitta, Director of the aquarium as well as his wife, we were told we could accompany APU for the investigations or visit the Aquarium on the following Saturday.

However, on that day, we were informed that he would be taking only his team of two officers to carry out the investigations at the Aquarium. They ensured that the necessary actions will be taken on the Aquarium for poaching and keeping illegal wild animals in captivity under the guise of curing them.”

On their visit to the Aquarium, officers couldn’t find skins of monitor lizard, and they did not think it necessary to enquire the same of the director of the aquarium. Says Subramanian, “We have photographic evidence about the presence of monitor lizard skins. Moreover, we also have a voice recording of Misquitta, during his visit to Phale’s office, admitting that he did keep dried monitor lizard skins.

Why was any enquiry not been made on these lines?”
As per the panchnama that this TWM correspondent has in their possession, it’s stated that one Dr S R Deshpande had handed over the wild animals, other than the wild cat, to the Aquarium owner.

When Subramanian questioned Phale, as to who the person is, he was told Dr Deshpande was a veterinary officer working with another animal welfare NGO Karuna, and that the animals he gave to the aquarium were injured and kept there for medication and recovery.

Questions such as why a private aquarium was authorised to cure animals are still unanswered. More so, if the Aquarium is a treatment centre, then why is there a charge of Rs 10 from the visitors? According to PAWS, this amounts to a mini zoo, for which the owner does not have the permissions from the Central Zoo Authority and / or the Forest Department. Comments Phale, “About our course of action, we have carried out the necessary investigations and have forwarded a report to the Conservator of Forests. Now, it’s their duty to take action.”

States an assistant to the Conservator of Forests, “We have sent a letter to the RFO, Mumbai to carry out investigations on whether the Aquarium has permission from the Central Zoo Authority to run this private firm. Also, if the wildlife found at the Aquarium falls within any of the six scheduled sections of the Wildlife Protection Act, 1972. If it is so, then the Aquarium must posses an ownership certificate. If they fail to do so, then they will be booked under law.”

Incidentally, Arvind Shah, founder and animal activist, Karuna admits, “We have been handing over injured animals to this Aquarium to cure, because Parel Hospital lacks the necessary facilities to treat injured animals. More so, we have maintained a record about the types and number of animals that are handed over to this Aquarium. The owner does not sell animals, and all the animals are taken care of using the owner’s own funds.”

Take note
Keeping wildlife in custody is an offence under Wildlife (Protection) Act, 1972. Displaying wildlife in public taking money without sanction from Central Zoo Authority is an offence under Central Zoo Act, 1992.

Law behold
Under Wildlife Protection Act, 1972 under Section 9, 39, 40 (2), 49 B
* Hunting, keeping or breeding of any wild animals and birds
* Acquiring, receiving, keeping in control, custody or possession, selling wild animals like monkeys, snakes or any wild birds. This includes parakeets and mynahs
* Selling skins or meat of wild animals. This includes monitor lizard oil or oil of any other creature. Stuffed squirrels, snake skins and peacock feathers.

Penalty
Offender shall be punishable with imprisonment for a term of not less than one year, which may extend to six years, and also with a fine, which shall not be less than five thousand rupees
Under Section 38 (J)

Teasing, injuring or causing disturbance in the zoo Penalty Offender shall be punishable with imprisonment for six months, or with fine, which may extend to two thousand rupees or with both

Monkey Rescued From Concrete Jungle

21 June - 27 June '09
A monkey lost its way from the jungles and stray away in residental area. Two Samaritans Ketan Chosi and Rohini Fernandas spotted the helpless Simian and called up PAWS-Mumbai to rescue the animal.

PAWS-Mumbai diligently came to the rescue of the baby monkey and trapped it. They comforted it with food and water, kept it in observation for sometime and then released into its natural habitat.

Finally, police begin investigation into horses’ death at flyover

Sunday , Jun 21, 2009
Mumbai:
Finally, Andheri police have started looking into the case of the two horses that plunged off the Andheri flyover last Sunday. Police are conducting preliminary inquiries, following which a decision will be taken whether to register an offence.

“I have initiated an inquiry and have asked the information officer to report to me within two days. On Monday, we will look at what stage inquiries have reached and decide whether an FIR should be filed,” Shivaji Deshmukh, Senior Police Inspector of Andheri police station said on Saturday.

The police said they were also taking cognisance of Newsline’s visit to the address on Sahar Road, suspected to be the house of the owner of the dead horses. Last Tuesday, Newsline, along with a representative of PAWS, had visited Dharam Sai Nagar, Anna Wadi, the plot near Hotel Leela Kempenski where the alleged owner lives.

About Pics : The carriage at Andheri police station

Seven horses were spotted on the plot, which, according to local residents, belong to the same person. Some residents claimed that one of the dead horses was buried at the plot.

Subsequently, Sunish Subramanian of PAWS had sent written complaints to the Andheri and Sahar Police pleading immediate action.

People who saw the horses fall off the flyover had said that the two horses were part of a group of 10 to 12 horse-drawn carriages that were racing on the Andheri flyover. One carriage broke away flinging the two animals down the flyover, they said.

Andheri police had said the horses had disappeared by the time they reached the spot. It was later discovered by Newsline that the BMC’s disaster management cell had received a call from the police control room at 3 pm informing them about the accident. The BMC cell then informed the Bombay SPCA hospital. While the SPCA ambulance picked up one horse that was still alive for treatment on Sunday evening, the second horse is believed to have died on the spot. It is not known who had taken the horse and where.

Police sub-inspector A A Sonawane, the investigating officer in the case said, “We have started making inquiries based on the complaint filed by PAWS. We have also visited the alleged owner’s house. Neighbours claim the family has left town. We’ll interrogate the family, as soon as they return.”

The police also have in their possession the carriage the horses were pulling when the accident occurred. Sunish Subramanian, secretary of PAWS, who took a close look at the carriage said, “It looks like the left tyre came off, causing the carriage to tilt. This put pressure on the horses’ harness causing it to break and the animals were flung off.”

Minutes after horses’ death, cops knew about it; no case even now

Saturday , Jun 20, 2009

Mumbai: Five days after two horses — which were allegedly used in an illegal horse racing racket — fell off the Andheri flyover in broad daylight and plunged to death, it has emerged that the police knew about the accident at the time it occurred on Sunday. This was exposed when Newsline accessed the log book of BMC’s disaster management cell that had received a call from the police control room about the animal deaths at 3 pm on Sunday. However, no police report has been filed so far on the illegal horse race and the horses’ death. The police have not initiated any inquiry into the incident too.

According to personnel of the BMC’s disaster management cell, it was the police control room that informed the BMC about the death of two horses. As pet the cell’s log book, it has got a call from the main police control room at 3 pm on Sunday stating that two horses had fallen off the flyover bridge on the Western Express Highway, near Centaur Hotel, Vile Parle East. The log book also says that the disaster management cell have contacted the Bombay SPCA Hospital at 3.04 pm and informed them about the incident. However, the police control room refused to confirm this.
About Pics : Horses roam the plot behind Hotel Leela

On Tuesday, after a series of investigations, Newsline along with a representative of the Plant and Animal Welfare Society (PAWS), visited a site behind Hotel Leela Kempinski in Sahar Road, Andheri, which is suspected to be the area where the alleged owner of the horses lives.

On Friday, PAWS made another visit to the area and found that seven horses were still there in a makeshift stable. On Wednesday, PAWS sent formal complaints, photographic evidence and the name of the alleged owner, to the Andheri Police station, the Sahar Police Station and the commissioner of police, seeking action against the owner for letting horses take part in illegal races on the streets of Mumbai. The complaints stated that using animals for public performance without permission is illegal as per the Prevention of Cruelty to Animals Act (1960) and the Performing Animal Rules (1973 and 2001). An action can be initiated as per the Indian Penal Code (1860) and Bombay Police Act (1951) too, it stated.

When contacted, the Senior Police Inspector of Sahar Dilip Patil said, “It is not an important matter that needs urgent intervention. However, we will see what can be done as soon as possible.”

However, Deputy Commissioner of Police Nisar Tamboli, who said he was unaware about the death of two horses or an illegal racing network in the zone, said, “If a complaint is filed, I will look into the matter immediately and inform the police stations to take action.”

On horse death trail, hint of illegal races & a rearing ground

Thursday , Jun 18, 2009

Mumbai:
Two horses lying bleeding on the Western Express Highway after falling off the Andheri flyover on Sunday, an injured horse taken to BSPCA Hospital later Sunday evening, and then a long trail starting from an address listed at the hospital ended at an open wasteland behind Hotel Leela Kempinski on Sahar Road, Andheri. No investigation has been initiated into the bizarre death of the horses that were being used in a Borivali-to-Bandra illegal carriage race on Sunday, Newsline found that this could be the spot where the two horses lived before their painful death.

The trail began with a lead from the BSPCA (Bombay Society for Prevention of Cruelty to Animals) Hospital, which had an address for an injured horse brought in that evening and which died the following morning. The anonymous person who admitted the animal had listed a Marol address. However, when Newsline and a representative of the Plants and Animal Welfare Society (PAWS) trawled through Marol Naka on Tuesday, it was clear that the address was fake.

A string of enquiries finally led to Dharam Sai Nagar, Anna Wadi, a slum settlement adjoining the 20-acre plot on Sahar Road. According to residents of Anna Wadi, the dead horses were looked after by a resident and were usually rented out for weddings, races and joyrides. One of the horses that died on Sunday was buried at the site, one resident claimed.

At the spot were two other horses tied to a tree, plus five others in a makeshift stable nearby. One of the animals was a white horse painted with black stripes to resemble a zebra.
About Pics : A white horse painted as a zebra on a plot in Andheri

On Wednesday, Sunish Subramaniam of PAWS posted written complaints, along with photographic evidence and the name of the alleged owner, to the Sahar police station, the Andheri police station and the police commissioner, asking for action against the owner for letting horses take part in illegal street races. The NGO specified the laws against using animals for public performance without permission.
“I am making this complaint. Now it is the responsibility of the police to begin investigations,” Subramanian said. He also demanded an investigation into whether a horse is buried at the site.

The two horses that fell off the flyover were allegedly part of a group of 10 to 12 carriages taking part in an illegal race. They lay on the road for 45 minutes till a group of people took them away. The blood was cleaned within minutes. There was no police intervention.

“Yeh sab race ke ghode hai,” a local said, adding that the owner had eight to nine such horses. He added cautiously that the owner lives in the same settlement.

“While it is not illegal to keep horses, cruelty to animal for the sake of performance is unconstitutional,” Subramanian said. “However, organisers of these races often bribe lower-rung policemen. In most cases, the higher authorities are unaware of these events.”

When Newsline visited the house of the alleged horse owner in the Anna Wadi slum, his wife said, “My husband is not in the city. You can talk to him when he returns... We have a few horses, but we don’t use them for racing. We don’t know of any horse that died.”

Horses’ death: no police case yet

Tuesday, June 16, 2009 . Page 3 . News

A day after two horses fell the Andheri flyover to death in broad daylight on Sunday, neither the Andheri police nor the traffic police have registered a case.

When contacted, Shivajirao Gulabrao Deshmukh, senior police inspector at the Andheri police station, said, “Nobody came to us to register an FIR. By the time we reached the spot, bodies of the horses were removed.”

Meanwhile, at the traffic police chowkie that situates near the highway, officials feign ignorance. “It was a Sunday and nobody was in office,” said Shambaji Patil, a constable. “When I got a message on the wireless, I have asked my colleagues to go to the spot. But when they reached there, they found only a horse carriage blocking the traffic on the flyover. Later, a police vehicle came and took away the carriage.”

The horses, which were drawing a carriage on the Andheri flyover, fell off from a height of 10 ft and landed on the busy highway below. It was at 3.30 pm. They died instantly.

Onlookers said the horses were part of a team of 10-12 carriages, race from Borivali to the Bandra-Worli Sealink.

“This is an illegal event that occurs every year. Nearly a dozen carriages were running at high speed on the flyover when the tragedy occurred. However, organizers of the event are so well planned and well connected. The horses’ bodies were picked from the spot within 45 minutes and even the blood was washed off from the road. Despite the tragedy, in the same evening, a bike race was also organized, probably by the same group,” said Manoj Kumar Yadav, an employee in an office that situates near the spot where the accident occurred.

According to Neeta Volve employees, immediately after the incident, a mob of 15 to 20 young men came in bikes along with a yellow Tat tempo. “The two horses were loaded in the tempo and carried away right in front of an RTO constable, who was present there,” a roadside vendor said.

Incidentally, on Sunday evening, the Bombay SPCA received another severely injured horse from the western suburbs. “We picked up the horse from the western suburbs. “We picked up the horse from a place in Andheri after the BMC’s disaster management cell alerted us at 3.45 pm. The animal was brought for the treatment at 5.25 pm,” said Lt. Colonel (Rtd.) J C Khanna of the BSPCA Hospital. The horse had a wound on its left hind leg and was limping terribly when we brought it to the hospital. Our doctors observed that it has respiratory distress and a weak pulse.”

Khanna said the horse was administered with life-saving drugs including pain killers, tetanusoxide and steroids. However, the animal died on Monday morning. Khanna was unsure whether the third horse was also injured during the same carriage race.

Meanwhile, Sunish Subramanian, secretary of Plant & Animals Welfare Society (PAWS) Mumbai, who has taken on the police over several illegal cases of horse racing on the Eastern Express Highway in the past, said, Such illegal races are rampant at various spots across the city on Eastern and Western suburbs. However, whenever we approach the police after noticing such incidents, they take it lightly and never register a complaint. Instead, they threaten us and say we are wasting their time. The police should strict action to stop this atrocity.

Monday, June 15, 2009

Twitterley say, “Meet my young environment friend Hitesh

Newsmaker


HITESH YADAV
Junior KG, National English High School, Bhandup

Claim to fame : Certified animal activist with an NGO called Plant & Animals Welfare Society (PAWS) Mumbai.

What made you passionate about helping birds?
I love watching and reading about birds. PAWS is close to my house and I’ve seen many people helping injured birds. This motivated me to do the same.

What are the different kinds of birds that you have handled?
I have handled a kite, owl, sparrow, pigeon, snake (Sand boa) and a rat snake’s neonate (baby).

Share with us an incident where you have saved or rescued a bird.
Once, a baby sparrow fell off its nest. A cat came to catch the baby bird. I went and rescued the sparrow and gave it shelter.

You are the youngest volunteer member of PAWS-Mumbai. How do you feel about it and what work do you do there?
It feels great, I always wanted to be part of an NGO that protect animals and I finally got this opportunity. Dealing with birds in my passion. I have even started to give birds a basic summer treatment that includes feeding them, giving them water, vitamins, medicines and more.

Could you give RobinAge readers a tip to help save birds?
If you see any bird in distress, put any cloth over it and hold it. This way it can't harm you. Then place it in a cardboard box with holes for ventilation. Immediately take the bird to a nearby rescue center for further help.