U'khand HC steps in to check cruelty to horses, mules on Chardham route
orders blacklisting of violaters
Nainital, Aug 13: The Uttarakhand High Court has asked the state government to blacklist equine handlers and owners on the Chardham Yatra route who inflict cruelty on animals, saying merely fining them is not enough, and has issued a slew of directions for the welfare of these animals.
Setting up barricades to allow only registered operators, allowing animals to rest at night and providing them warm water and health check-ups before the start of journey are among the steps ordered by the high court on a PIL that alleged that horse and mule operators on the Yatra route often subject them to cruel treatment like forcing them to overwork or carry more burden than their bearing capacity for commercial gain.
"We are of the view that mere fining of the handlers or filing cases against them for inflicting cruelty to animals, is not sufficient to rein in and discipline the erring handlers/owners of equines," a bench of Chief Justice Vipin Sanghi and Justice Rakesh Thapliyal said in its recent order.
The fines are nominal and criminal cases take years to get decided, the judges said.
There is no fear among erring equine handlers/owners of suffering any consequences if they do not mend their conduct and continue to subject them to cruelty for commercial gain, they said.
"The only effective way in which cruelty to the equines can be curbed is by blacklisting such handlers/owners who are found to be subjecting their equines to cruelty and maltreatment," the high court said.
The petition had been filed by animal rights activist Gauri Maulekhi and social worker Ajay Gautam.
The PIL said 600 horses have died during the Char Dham Yatra, posing a risk of disease spread in the region. They requested medical facilities and safety for animals and humans.
The petition also raised concerns about the increasing crowds during the pilgrimage, causing problems of food and accommodation for both animals and people.
The court directed that mules will not be put to work at night. The equines will be made to carry loads in accordance with their load-bearing capacity and every mule will work for a single shift in one day.
Health check-ups of the equines will be conducted before the start of the journey, and provisions for warm water, accommodation, and veterinary staff will be arranged.
The government side agreed to these directions.
The court suggested that only licensed mules operate in the area and the rest be denied entry.
Secretary of animal husbandry department BVRC Purushottam submitted that 5000 mules are licensed to operate in the area.
However, the petitioners contended that unofficially many more operate.
The high court ordered that barricades and checkpoints should be put up on the Yatra route and only registered equines and handlers are permitted to cross it.
The purpose of registration of equines and handlers would lose its significance and purpose if even unregistered equines and handlers are able to pass the barrier unchecked, the high court said.
Such infiltration would also completely derail the Yatra, it said.
"A total of 215 financial penalties have been imposed against equine owners and 17 FIRs have been registered for cruelty to animals this year till 28th July 2023, " the secretary informed the court.
Let the Truth be known. If you read VB and like VB, please be a VB Supporter and Help us deliver the Truth to one and all.
Once a Waqf, always a Waqf
Waqf, a pious endowment in Islamic law is rooted in the teachings of Prophet Muhammad (PBUH). A companion Abubakr Siddiq (RA) purchased and assigned the land for construction of mosque of Prophet in Madina. The Quranic revelation “You will not attain unto piety until you spend of that which you love”.
The messenger of Allah said, “when a human being dies his deeds end except for three: ongoing charity, beneficial knowledge or a righteous child who prays for him”. It has encouraged Muslims to dedicate wealth for good cause like Waqf.
Concept of Waqf
The concept of waqf in Muslim law is a permanent dedication of properties for religious, charitable and pious purposes. The word waqf comes from the Arabic word which means to tie up, stoppage or detain. The movable and immovable assets are dedicated unconditionally to divine and must be irrevocable. The donor is called a Waqif the Waqif appoints a Muthavalli or trustee to manage the property. The usufruct of property is utilised for the specific purpose for which it is dedicated or for the benefit of the destitutes. Once an asset is dedicated to the divine it cannot be sold transferred hypothecated or given as a gift.
Auqaf in India
The idea of waqf dates back to the Delhi sultanate when Sultan Muizuddin Sam Ghour dedicated two villages in favour of Jamia Masjid Multan. In Mughal rule there was no centralised management of waqfs. They are managed by individually appointed trustees under the supervision of local Imams. He was accountable to regional khazi. The law of waqf was codified under British rule. “Musalman Waqf Validating Act 1913”, “Musalman Waqf Act 1923” were passed. The “Shariat Application Act 1937” notified that waqf properties comes under Muslim personal law. After independence Waqf Act 1954 was enacted for the entire country except the state of Jammu and Kashmir. Further a comprehensive Act was brought in force in the year 1995. Adjudication of waqf litigations by the waqf Tribunals was introduced. There after it was further amended during 2013 providing representation to women in the waqf board, multi member waqf Tribunals and the alienation of waqf properties is considered as non bailable and cognizable offence with up to 2 years rigorous imprisonment.
Management of Auqaf in Karnataka
During Vijayanagar, Bahamani, Adil Shahi, Tippu and Wodeyar's rule, numerous charities and endowments were made to Hindus and Muslims. The religious endowments of Hindus and Muslims were managed as per the provisions of The Mysuru Muzrai Manual 1934. During 1974 the state government decided to transfer these waqf properties to the waqf Board for their management under Waqf Act 1954.
Abolition of Zamindari System
Consequent to the abolition of Zamindari system Karnataka Inam Abolition Act 1955, Karnataka certain Inams Abolition Act 1977 were passed. Consequent to the 73rd amendment to the constitution Karnataka Land Reforms Act 1974 was enacted. Due to these enactments more than 79,000 acres of notified waqf properties were granted to the Inamdars and tenants out of 1.7 lakh acres in the state.
Waqf is always a Waqf
Honourable supreme court of India in Syed Ali and Others V/S Andhra Pradesh Waqf Board ordered on 18/01/1998 that “Waqf is always a Waqf” and the grant of Patta in favour of Mokhasadar under the Inam Act does not in any matter, nullify the earlier dedication made of the property constituting the same as waqf.
The Karnataka State Board of Auqaf sought clarification from the state government regarding applicability of Karnataka Religious and Charitable Inam Act, Karnataka Certain Inams Abolition Act 1977 and Karnataka Land Reforms Act 1974 to the waqf properties in view of the aforesaid Supreme Court judgement. The then Secretary to government Minority Welfare Department in his letter dated 27/07/2017 sought the opinion of the Law Justice and Human Rights Department. The said department clarified that the properties which the State Government claims to have vested in the government by virtue of Inam Abolition Laws or Land Reforms Act have no juridical significance. In view of the interpretation of waqf made by Honourable Supreme Court of India in its judgement reported in AIR1998 SC 972, Law department is of the opinion that once a property held to be Waqf property, in such an event there is no scope for application of either Inam abolition Laws or land reforms Act.
The State Government in its letter no MWD118WES2017 dated 19/12/2017 directed the Karnataka State Board of Auqaf to recover the Waqf lands acquired by individuals as well as the groups and to take legal action as per the provisions of the waqf Act 1995 (Amendment) Act 2013. The Board requested the Regional Commissioners and Deputy Commissioners in the State to restore the waqf properties affected under The Inams and Land Reforms Laws. Accordingly, the Tahsildars initiated to issue notices to such grantees and noted as “Waqf Property” in the record of rights of such properties. Many of such grantees have assailed the mutations effected by the Tahsildars. The Honourable High Court of Karnataka has issued directions to the Tahsildars to issue notices, hear them and then take the decision.
Now the state government has decided not to issue any notices which is obviously against the decision of Honourable Supreme Court of India and the clarification issued by the Law Department. Lest there is serious social, political and legal implications inherent in the implementation of orders of Honourable Supreme Court. Since 1995 to date the Inamdars and tenants have sold the properties, some of the lands are converted to non-agricultural purposes, residential lay outs have come up and commercial buildings are in use. The state government has to ponder over the issue with legal luminaries, Waqf Board authorities, senior bureaucrats and social scientists and come out with an acceptable solution in the interest of lasting peace in the society.
This article is written by Mujibullah Zaffari, Former Chief Executive Officer, Karnataka State Waqf Board.
