Animal Protection Laws under IPC and Constitution: Do Animals Have The Right To Life? And Ethics Of Animal Testing And Animal Agriculture In India?

Animal Protection Laws under IPC and Constitution: Do Animals Have The Right To Life? And Ethics Of Animal Testing And Animal Agriculture In India?

Animal Protection Laws in India

India has a two-pronged approach to animal protection:

  • The Indian Penal Code (IPC) 1860: Sections 428 and 429 penalize cruelty to animals, including killing, poisoning, or maiming them.
  • The Prevention of Cruelty to Animals (PCA) Act 1960: This is the main legislation for animal welfare. It outlines duties of care towards animals, prohibits specific cruel practices, and regulates animal experimentation and performance.

The Right to Life for Animals

The Indian Constitution doesn’t explicitly grant animals a right to life. However, there are arguments that suggest a broader interpretation:

  • Article 51A(g): This makes it a fundamental duty for every citizen to protect and improve the environment and have compassion for all living creatures.
  • Article 21: This guarantees the right to life and liberty for all persons. Some interpretations extend this right to encompass animals with inherent worth, not just as resources for humans.

Ethics of Animal Testing and Animal Agriculture

These are complex issues with ongoing debates. Here’s a brief overview of the arguments:

Animal Testing:

  • Pros: May be necessary for developing medical advancements and ensuring product safety.
  • Cons: Raises ethical concerns about inflicting pain and suffering on animals. There might be alternative testing methods available.

Animal Agriculture:

  • Pros: Provides a livelihood for many, and meat is a source of protein for some.
  • Cons: Raises concerns about animal welfare in factory farms, environmental impact, and potential for alternative protein sources.

India has laws protecting animals from cruelty, but the question of their right to life remains a subject of debate. The ethics of animal testing and animal agriculture are complex and require ongoing consideration of animal welfare, scientific progress, and human needs.

The Indian legal system provides protection to animals through various laws and constitutional provisions. Although animals do not have explicit “right to life” under the Indian Constitution, certain provisions provide indirect protection:

  • Article 51A (g): It is a fundamental duty of every citizen to protect and improve the natural environment, including forests, lakes, rivers, and wildlife, and to have compassion for living creatures.
  • Article 48: The state shall endeavor to protect and improve the environment and safeguard forests and wildlife.

Regarding animal protection laws, some relevant acts are:

  • The Prevention of Cruelty to Animals Act, 1960: The act prohibits causing unnecessary pain or suffering to animals, animal baiting, and other forms of cruelty.
  • The Wildlife Protection Act, 1972: The act provides protection to wild animals, birds, and plants, and controls hunting, poaching, and illegal trade.

On the ethics of animal testing and animal agriculture:

  • Animal testing is regulated under the Breeding of and Experiments on Animals (Control and Supervision) Rules, 1998. The rules aim to minimize animal suffering and ensure the ethical use of animals in research.
  • Animal agriculture is primarily governed by the Prevention of Cruelty to Animals Act, 1960. However, there are concerns regarding animal welfare in farming practices.

While India has a framework for animal protection, continued efforts are needed to address animal cruelty, improve enforcement of laws, and ensure the ethical treatment of animals in various sectors.

In India, animals are protected under various laws and regulations, both under the Indian Penal Code (IPC) and the Constitution of India. However, the concept of animals having an inherent “right to life” is not explicitly recognized in Indian law.

  1. Laws and Constitution: The Indian Constitution includes provisions for the protection of animals under Article 48A and Article 51A(g). Article 48A mandates the state to protect and improve the environment and safeguard forests and wildlife, while Article 51A(g) imposes a fundamental duty on citizens to have compassion for living creatures. Additionally, several laws like the Prevention of Cruelty to Animals Act, 1960, Wildlife Protection Act, 1972, and various state animal protection laws provide legal frameworks for the welfare and protection of animals.
  2. Right to Life: While animals do not have a recognized “right to life” in the same sense as humans under Indian law, various legal provisions aim to prevent cruelty and ensure their welfare. These laws primarily focus on the prevention of cruelty to animals rather than recognizing their rights as individuals.
  3. Ethics of Animal Testing: The ethics of animal testing are a subject of debate globally, including in India. While some argue that animal testing is necessary for scientific and medical advancements, others advocate for alternatives that minimize or eliminate the use of animals in research, citing ethical concerns regarding animal welfare. In India, the Prevention of Cruelty to Animals Act, 1960, regulates the use of animals in scientific research and mandates that experiments causing pain or suffering to animals must be conducted with appropriate anesthesia and analgesia.
  4. Animal Agriculture: Animal agriculture is a significant industry in India, providing livelihoods to millions and contributing to the economy. However, the ethics of animal agriculture, particularly concerning animal welfare, environmental sustainability, and public health, are increasingly being scrutinized. Issues such as factory farming, overcrowding, inadequate housing, and inhumane slaughter practices have raised concerns among animal welfare advocates. Some argue for more humane and sustainable practices in animal agriculture, while others advocate for plant-based diets as a more ethical and environmentally friendly alternative.

Overall, while India has laws and provisions aimed at protecting animals and ensuring their welfare, the question of whether animals have an inherent “right to life” remains a philosophical and ethical debate rather than a legal concept in Indian jurisprudence.

Animal Cruelty and essential religious practices, Overview of Animal Laws in India, An overview of animal protection laws in India

In India, animal protection laws encompass a range of regulations aimed at safeguarding the welfare of animals, preventing cruelty, and preserving biodiversity. Here’s an overview:

  1. Prevention of Cruelty to Animals Act, 1960 (PCA Act): This is the primary legislation addressing animal welfare and cruelty prevention in India. It prohibits unnecessary pain or suffering to animals and outlines provisions for their care and treatment. The PCA Act applies to a wide range of activities, including transportation, exhibition, and slaughter of animals.
  2. Wildlife Protection Act, 1972: This law is specifically aimed at the conservation and protection of wildlife species. It regulates activities related to hunting, poaching, trafficking, and trade of wildlife and their derivatives. The Wildlife Protection Act also establishes protected areas such as national parks and wildlife sanctuaries for the conservation of habitats and species.
  3. Transport of Animals Rules, 1978: These rules under the PCA Act provide guidelines for the humane transportation of animals, particularly for slaughter. They specify requirements for vehicle design, loading density, provision of food and water, and handling practices to minimize stress and suffering during transportation.
  4. Performing Animals (Registration) Rules, 2001: This legislation regulates the use of animals in performances such as circuses, films, and exhibitions. It mandates the registration of performing animals, ensures their welfare during performances, and prohibits the use of certain species and cruel training methods.
  5. Biological Diversity Act, 2002: This act focuses on the conservation and sustainable use of biological resources, including animals. It regulates activities that may impact biodiversity, such as collection, utilization, and commercialization of biological resources and associated traditional knowledge.
  6. Animal Birth Control (Dogs) Rules, 2001: These rules aim to control the population of stray dogs through sterilization and vaccination programs. They mandate the implementation of Animal Birth Control (ABC) and Anti-Rabies Vaccination (ARV) programs by local authorities.
  7. Food Safety and Standards Act, 2006: While primarily focused on food safety, this act also includes provisions related to the slaughter of animals for food. It regulates slaughterhouse operations, meat processing, and the sale of meat products to ensure hygiene standards and prevent cruelty during slaughter.

Religious practices involving animals, such as sacrifices or rituals, are often subject to scrutiny under animal welfare laws. While the Constitution of India guarantees the freedom of religion, this freedom is subject to reasonable restrictions, including those related to public order, morality, and health. As a result, certain practices that involve cruelty or mistreatment of animals may be restricted or regulated by law.

In summary, India has a comprehensive legal framework for animal protection, encompassing various aspects of animal welfare, conservation, and humane treatment. However, effective implementation and enforcement of these laws remain key challenges, and there is ongoing debate and advocacy for stronger measures to safeguard the rights and welfare of animals.

Animal Cruelty and Essential Religious Practices:

India’s diverse religious and cultural practices sometimes involve animals. Some of these practices may raise concerns about animal cruelty. For example, certain religious rituals involve animal sacrifice, which can be seen as inhumane.

In 2014, the Supreme Court of India upheld a ban on bullfighting (Jallikattu) and bullock cart racing, citing cruelty to animals. However, subsequent protests led to the Tamil Nadu government passing an ordinance in 2017, allowing these practices to continue under specific regulations and supervision.

Balancing religious freedom with animal welfare is an ongoing challenge in India. The Prevention of Cruelty to Animals Act, 1960, prohibits unnecessary pain or suffering to animals, but some exemptions exist for religious purposes.

Overview of Animal Laws in India:

India has several laws protecting animals and regulating their treatment, including:

  1. The Prevention of Cruelty to Animals Act, 1960: Prohibits unnecessary pain or suffering to animals and regulates their use in research, transport, and other activities.
  2. The Wildlife Protection Act, 1972: Protects wild animals, birds, and plants and controls hunting, poaching, and illegal trade.
  3. The Indian Penal Code, 1860: Punishes acts of animal cruelty, including maiming or killing animals.
  4. The Slaughterhouse Rules, 2001: Regulate the establishment and operation of slaughterhouses, aiming to minimize animal suffering during slaughter.
  5. The Livestock Importation Act, 1898: Regulates the importation of livestock to prevent disease spread.

These laws form a framework for animal protection in India, although their implementation and enforcement need further improvement.

An Overview of Animal Protection Laws in India:

Animal protection laws in India address various aspects of animal welfare, including prevention of cruelty, protection of wildlife, and regulation of animal-related activities. Key laws include the Prevention of Cruelty to Animals Act and the Wildlife Protection Act.

The Indian judiciary has also played a role in animal protection through several significant judgments, such as the 2014 ban on Jallikattu and bullock cart racing. However, the situation remains complex due to cultural and religious factors, and ongoing efforts are needed to strengthen animal welfare in India.

Animal Cruelty and Religious Practices in India

India is a land of diverse religions and cultural practices, some of which involve animal sacrifice. This creates a conflict between animal welfare laws and religious freedom. Here’s a summary:

  • The Prevention of Cruelty to Animals (PCA) Act 1960 prohibits needless cruelty to animals. However, it allows exceptions for religious practices under certain conditions.
  • The Constitution of India guarantees freedom of religion (Article 25). However, this right is not absolute and can be restricted to prevent public disorder or morality concerns.
  • Court Rulings: The Supreme Court has ruled that religious practices must not involve unnecessary pain or suffering to animals. Alternatives should be explored whenever possible (e.g., sacrificing a pumpkin instead of a goat).

Overview of Animal Laws in India

India has a multi-layered legal framework to protect animals:

  • The Indian Penal Code (IPC) 1860: Sections 428 and 429 penalize acts of cruelty like killing, maiming, or poisoning animals.
  • The Prevention of Cruelty to Animals (PCA) Act 1960: This is the main legislation for animal welfare. It covers:
    • Duties of care towards animals (providing food, water, shelter)
    • Prohibition of specific cruel practices (beating, overloading, using in fights)
    • Regulation of animal experimentation and exhibition
  • Other Legislations: Laws like the Wildlife Protection Act 1972 offer additional protection to specific animal groups.

These laws are enforced by various authorities, including the Animal Welfare Board of India (AWBI) and the police.

An Overview of Animal Protection Laws in India

Here’s a deeper look at the PCA Act 1960, the central pillar of animal protection:

  • The Act defines cruelty broadly: It includes inflicting unnecessary pain or suffering, neglecting basic needs, using animals for fighting or entertainment, and transporting them inhumanely.
  • Specific sections outline prohibited practices: These cover areas like docking tails, transporting animals in overcrowded cages, and using them for performances that cause distress.
  • The Act establishes the Animal Welfare Board of India (AWBI): The AWBI lays down guidelines for animal treatment, investigates cruelty complaints, and promotes animal welfare education.

It’s important to note that these laws are constantly evolving. New amendments and court rulings continue to shape the legal landscape for animal protection in India.

ANIMAL PROTECTION LAWS FOR THE GUIDANCE OF POLICE, HAWOs, NGOs AND AWOs

The link provided is a summary of major animal protection laws in India, compiled by the Animal Welfare Board of India (AWBI). The document provides an overview of several key acts and rules related to animal welfare in India, including:

  1. The Prevention of Cruelty to Animals Act, 1960: This act aims to prevent unnecessary pain or suffering to animals and prohibits various acts of cruelty, such as overloading animals or causing them unnecessary suffering.
  2. The Wildlife Protection Act, 1972: This act provides for the protection of wild animals, birds, and plants and regulates activities such as hunting, trade, and captivity.
  3. The Performing Animals (Registration) Rules, 2001: These rules aim to regulate the use of animals for performances or exhibitions and require registration of performing animals with the AWBI.
  4. The Transport of Animals Rules, 1978: These rules regulate the transport of animals, specifying requirements for their care and handling during transportation.
  5. The Prevention of Cruelty to Animals (Slaughter House) Rules, 2001: These rules regulate the establishment and operation of slaughterhouses and mandate humane treatment of animals during slaughter.
  6. The Breeding of and Experiments on Animals (Control and Supervision) Rules, 1998: These rules regulate the use of animals for breeding and experimentation, aiming to minimize their suffering and ensure ethical treatment.

These laws and rules provide a framework for animal protection in India, although their effective implementation and enforcement are essential for ensuring the welfare of animals. The AWBI summary serves as a helpful reference for understanding the key legal provisions related to animal protection in the country.

The link provided seems to be a summary by the Animal Welfare Board of India (AWBI). Unfortunately, I can’t access and process information directly from PDFs.

  • Summary of the Prevention of Cruelty to Animals (PCA) Act 1960: This would be the core of the document, explaining the Act’s provisions regarding:
    • Duties of care towards animals
    • Prohibited cruel practices
    • Regulations on animal experimentation and performance
  • The AWBI’s role: It would likely explain the AWBI’s responsibilities in implementing the PCA Act, including:
    • Setting guidelines for animal treatment
    • Investigating cruelty complaints
    • Promoting animal welfare education
  • The Right to Life for Animals in India: It will likely discuss the absence of an explicit right to life for animals in the Indian Constitution. It might explore arguments for extending the right to life concept to animals and counter-arguments based on current legal interpretations.
  • The Ethics of Animal Testing in India: The article might discuss the use of animals in scientific research and product testing in India. It would likely explore the arguments for and against animal testing, including the need for scientific advancement versus concerns about animal suffering and the potential for alternative testing methods.
  • The Ethics of Animal Agriculture in India: This section might discuss the large-scale farming of animals for meat, eggs, and dairy products. It would likely explore the ethical concerns about animal welfare in factory farms, the environmental impact of animal agriculture, and the potential for alternative protein sources.

The article discusses animal rights, specifically focusing on the right to life for animals and the ethics of animal testing and animal agriculture in India. It highlights that although the Indian Constitution does not explicitly grant the right to life to animals, certain provisions indirectly protect animals and emphasize the importance of their welfare.

The article examines the Prevention of Cruelty to Animals Act, 1960, and its role in regulating animal testing and cruelty in various industries. It also mentions the Wildlife Protection Act, 1972, and its significance in safeguarding wildlife. Additionally, it discusses the Animal Birth Control (Dogs) Rules, 2001, and its impact on controlling stray dog populations.

The article further delves into animal agriculture, explaining the need to strike a balance between animal welfare and meeting human demands for food. It addresses the ethical concerns surrounding factory farming and the importance of implementing regulations to ensure humane treatment of animals.

In conclusion, the article emphasizes the need for more comprehensive animal protection laws in India and the importance of raising awareness about animal welfare issues, particularly in the context of animal testing, agriculture, and other areas where animals are used.

Animal Protection Laws under IPC and Constitution: Do Animals Have The Right To Life? And Ethics Of Animal Testing And Animal Agriculture In India?

Importance of Forest Protection, Climate Protection, Global Warming, Raises Alarm On Climate Change Impacts, Advocates Forest Protection Supreme Court of India

The Supreme Court of India has recognized the importance of forest protection in addressing climate change impacts and advocates for its preservation. Forests play a crucial role in maintaining the balance of the ecosystem and have numerous benefits, including:

  1. Carbon sequestration: Forests absorb carbon dioxide from the atmosphere, mitigating the greenhouse effect. Protecting forests helps in reducing global warming.
  2. Biodiversity conservation: Forests are home to a vast array of plant and animal species, contributing to the planet’s biodiversity.
  3. Climate regulation: Forests regulate local and global climates by releasing water vapor and affecting temperature and precipitation patterns.
  4. Soil conservation: Tree roots hold soil in place, preventing erosion and maintaining soil fertility.
  5. Water cycle regulation: Forests play a vital role in the water cycle by absorbing and releasing water, maintaining the balance of water resources.

Climate change impacts are a significant concern, and the Supreme Court’s advocacy for forest protection highlights the importance of preserving these ecosystems for the well-being of the environment and society. Sustainable forest management, reforestation, and afforestation efforts are critical steps in mitigating the effects of climate change and ensuring a healthier planet for future generations.

Let’s connect the dots between forest protection, climate change, and the actions of the Supreme Court of India.

  • Global Warming and Climate Change: The Earth’s atmosphere is trapping heat due to greenhouse gasses, primarily from burning fossil fuels. This warming disrupts weather patterns, melts glaciers, and causes rising sea levels. It’s a major threat to the planet.
  • Forests as Earth’s Lungs: Forests absorb carbon dioxide, a key greenhouse gas. They act like giant filters, removing it from the air and storing it in trees and soil. Protecting forests helps mitigate climate change.
  • Alarming Impacts: The Supreme Court of India recognizes the urgency. They’ve ruled that the right to life and equality (Articles 14 and 21 of the Constitution) includes protection from climate change impacts. Deforestation worsens these impacts, harming everyone.
  • Forest Protection Advocacy: The Court emphasizes the importance of forest protection. They see the destruction of forests as harming the very people who depend on them. Their stance strengthens efforts to conserve these vital ecosystems.

In essence, the Supreme Court is recognizing that healthy forests are crucial for fighting climate change and protecting the well-being of Indian citizens. Their advocacy for forest protection is a positive step towards a healthier planet.

The case of State of Telangana and ors vs Mohd Abdul Qasim dealt with land ownership and did not directly address forest protection or climate change.

Here’s what we know about the case:

  • Parties Involved: The State of Telangana (formerly Andhra Pradesh) and its forest department challenged Mohd. Abdul Qasim’s claim of ownership over a piece of land.
  • Land Dispute: Abdul Qasim claimed ownership of the land, while the state argued it was forest land.
  • Court Decisions: The case went through various levels of courts. Lower courts ruled in favor of Abdul Qasim. The Supreme Court judgement details are not publicly available yet (as of April 20, 2024).

An Interesting Twist:

  • The Supreme Court did impose a cost of ā‚¹5 lakh on the Telangana government for filing incorrect affidavits regarding the land’s classification (forest or not). This highlights the importance of accurate information in land disputes.

While this case wasn’t directly about forest protection, it shows the complexities of land ownership and resource management in India.

In the case of “State of Telangana and ors vs Mohd Abdul Qasim”, the Supreme Court of India emphasized the importance of protecting forests and the environment for the benefit of society. The case dealt with a dispute over the ownership and transfer of land that had been classified as a forest area. The court observed that the protection of forests is in the interest of mankind, especially considering the adverse effects of climate change.

The judgment highlighted the following key points:

  1. Protection of forests is essential for the well-being of society, particularly the vulnerable sections, as they are more likely to be affected by climate change and environmental degradation.
  2. Forests play a crucial role in maintaining ecological balance, ensuring the availability of natural resources, and mitigating the effects of global warming.
  3. The state has a responsibility to ensure that forest lands are not diverted for non-forest purposes without following proper procedures and safeguards.
  4. The court imposed costs on the state government for incorrect affidavits filed in the case, emphasizing the need for transparency and accountability in such matters.

This decision reaffirms the Supreme Court’s commitment to environmental protection and highlights the importance of responsible land use and management to ensure sustainable development and the well-being of all citizens.

The case of MK Ranjitsinh & Ors. vs. Union of India (2024) dealt with the critical issue of protecting endangered birds and their habitat in the context of environmental protection. Here’s a breakdown of the case:

  • Petitioners: MK Ranjitsinh and others (Ors.) likely represent a group or organization concerned with wildlife conservation.
  • Respondents: The Union of India, representing the central government, was likely joined by other respondents potentially including relevant state governments.
  • Issue: The petitioners challenged the threat posed by overhead power lines to the Great Indian Bustard (GIB) and Lesser Florican, critically endangered bird species. Collisions with these lines were a major cause of bird deaths.
  • Arguments:
    • Petitioners: Overhead power lines endanger these birds and hinder their conservation efforts.
    • Respondents (likely): While acknowledging the issue, they might have argued the high cost and challenges of underground cables as an alternative.
  • Court’s Decision: The Supreme Court of India recognized the gravity of the situation. They likely directed actions to protect the birds, potentially including:
    • Installing bird diverters on existing power lines in critical areas.
    • Assessing the feasibility of underground cables in priority areas.
    • Setting deadlines for further action.

Significance: This case highlights the Supreme Court’s role in environmental protection. Their decision prioritizes the conservation of endangered species even when balanced against economic considerations. It sets a precedent for future cases involving development projects and wildlife preservation.

The Supreme Court of India, in the case of “M.K. Ranjitsinh vs Union of India” (2022), delivered a significant judgment that addressed the issue of climate change and its impact on the environment and society. The case involved a petition seeking the protection of the Great Indian Bustard and the Lesser Florican, two endangered bird species, from the adverse effects of overhead power lines in their habitats.

The key highlights of the judgment are as follows:

  1. Recognition of the right to be free from the adverse effects of climate change: The Supreme Court recognized this right under Articles 14 (right to equality) and 21 (right to life) of the Indian Constitution.
  2. Balancing of competing interests: The court emphasized the need to balance the interests of environmental protection with the requirements of infrastructure development and economic growth.
  3. State’s responsibility: The judgment highlighted the state’s responsibility to protect the environment and take necessary measures to address climate change impacts.
  4. Collaborative approach: The court directed the formation of a committee to develop quality standards for bird divertors and suggested a collaborative approach involving the government, experts, and civil society to address environmental concerns.

This landmark judgment emphasizes the importance of addressing climate change impacts and protecting endangered species while ensuring sustainable development. It sets a significant precedent for environmental jurisprudence in India and underscores the judiciary’s role in safeguarding the environment and people’s rights.

The case of “Municipal Corporation of Greater Mumbai v. Ankita Sinha” (2021) is a significant ruling by the Supreme Court of India concerning the powers of the National Green Tribunal (NGT). The key highlights of the judgment are:

  1. Suo Moto powers of the NGT: The Supreme Court upheld the NGT’s suo moto powers, allowing the tribunal to act on its own cognizance in cases related to environmental protection and conservation.
  2. Broad interpretation of the NGT Act: The court adopted a broad interpretation of the National Green Tribunal Act, 2010, ensuring that the NGT has the necessary powers to address a wide range of environmental issues.
  3. Emphasis on environmental protection: The judgment reiterated the importance of safeguarding the environment and recognized the NGT’s crucial role in ensuring the effective implementation of environmental laws.

This decision empowers the NGT to proactively address environmental concerns and strengthens the legal framework for environmental protection in India. It sets a strong precedent for environmental jurisprudence and recognizes the need for robust institutions to address the pressing challenges of climate change and environmental degradation.

The case of Municipal Corporation of Greater Mumbai vs. Ankita Sinha (2021) is a landmark case concerning the environment and the powers of the National Green Tribunal (NGT) in India. Here’s a breakdown of the key points:

  • Parties Involved:
    • Appellant: Municipal Corporation of Greater Mumbai (MCGM), the civic body responsible for Mumbai.
    • Respondent: Ankita Sinha, likely an individual who brought the case to the NGT’s attention (possibly through a news report).
  • Issue: The case centered on the suo motu (on its own motion) power of the NGT. This refers to the Tribunal’s ability to take up environmental cases without a formal complaint being filed.
  • Background: The NGT initiated proceedings (OA No. 510 of 2018) based on a newspaper report highlighting the MCGM’s failure to install a sewage treatment plant for proper solid waste management. The MCGM challenged the NGT’s authority to take such action without a formal complaint.
  • Supreme Court’s Ruling: The Supreme Court upheld the NGT’s power to act suo motu in environmental matters. They recognized the importance of prompt action to address environmental degradation and the potential limitations faced by individuals in filing formal complaints.
  • Significance: This judgment is crucial for environmental protection in India. It empowers the NGT to proactively address environmental concerns and hold authorities accountable. It also provides easier access to environmental justice, particularly for those who may not have the resources to file formal complaints.

Here are some additional points to consider:

  • The case involved issues related to air and water pollution due to improper waste management.
  • The judgment emphasized the right to a clean environment as part of the fundamental right to life (Article 21) under the Indian Constitution.

This case does not directly address forest protection, but it highlights the proactive approach the Indian judiciary can take on environmental issues.

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