Animal Laws In India with Case Study

Animal Laws in India 

Introduction 

Animal Laws In India: When we talk about making the land a better place to live, we include animals too right? Animals in India are not treated in any courteous manner. We tend to fool ourselves by thinking that in any manner we are superior to them. India is the land of Gods and we believe that every living thing on this planet is created by him. So, when and how did we become so superior to one of his creations that we started to destroy it. I can safely say that in today’s world Animals are more emotionally intelligent than any human out there.

Whom to blame? Stop finding the answer to this question. There is no one to blame except thyself. As we have sufficient laws to prevent crime against humans which we are unaware of, unfortunately, the case is similar with the animals. We hope at end of this article you find the knowledge we all should include in basics.

Also Read: The Farm Bill: Gain or Loss To Farmers?

Crime against animals  

Crime against animals has been increasing over the years, sadly also increasing the extent of cruelty. Millions of animals’ lives are put in danger with improper or toxic substance experiments on them every year. Improper birth control surgery on stray dogs make their further life more difficult and painful. Animals were used for entertainment purposes which resulted in them staying in a cage and going through rigorous practices. Hunting is another big problem that causes fear among animals. Beating, kicking, or pointlessly troubling an animal seems to be fun for some people.

According to Animal Protection Index India has been given a ‘C’ because of its poor performance in sanctioning cruelty. Owing to religious reasons protection of cows has been done at an immensely high rate but all the other animals are not given enough heed. Indian legislatures often fall short of international standards. 24000 cases were reported between 2012 to 2016. Cases such as the death of Shaktiman the police horse in 2016, beating and killing of stray dogs, poisoning 50 stray dogs and how can we forget the murder of a pregnant elephant. the cases have now gradually become uncountable.

Also Read: Joint Liability in Criminal Law- Joint Criminal Liability

Animal Laws in India

Prevention of Cruelty to Animals Act (PCA)[1], 1960

  • It gives the definitions also duties of a person in charge of an animal
  • Establishes Animal Welfare Board of India
  • Lays down actions that will come under cruelty to animals also bans unsafe and illegal experiments on animals for procuring medicines for humans, plants, or animals.
  • Restricts exhibition and training of performing animals.

Karnataka Prevention of Animals Sacrifices Act[2], 1959

  • It prohibits the sacrifice of animal life in or within Hindu temples.
  • According to the Act No person is allowed to offer or officiate, perform, assist or participate in animal sacrifice.
  • Police authorities can arrest without a warrant in case someone does not comply as per the Act.
  • The convict can be imprisoned or may have to pay penalties.

Prevention of Cruelty to Draught and Pack Animals Laws[3], 1965

  • These rules were made for large working animals such as horse, mule pony, buffalo, or camel
  • Section 2 divides these animals into three different categories such as “large”, “medium” and “small”. And also tells the exact weight that can be carried by these animals.
  • Section 11 gives a member of the Animal Welfare Board of India the power to take action in case he suspects some offense.

The Wildlife (Protection) Act[4], 1972

  • This Act came into force to protect wild animals, birds, and plants.
  • This Act was Amended in 2003 which expanded the meaning of zoos and including circuses in them. This also made it essential for circuses to have prior approval from the Central Zoo Authority (CZA).

42nd Amendment[5], 1976

  • Included Animals under the ambit of Article 21[6] Right to life after an expansive reading of the case Animal Welfare Board of India v. A. Nagaraja & Ors[7].
  • Three of the Directive Principles of State Policy mentioned in Part 4 of the constitution for the basics of animal welfare in India
  • It also laid down fundamental duties of individuals toward all sorts of animals.

Performing Animals (Registration) Act[8], 2001

  • According to this Act, no animals could be used for entertainment or exhibition purposes. In 2012, 24 circus companies were registered with Central Zoo Authority (CZA).

Prevention of Cruelty to Animals (Slaughter House) Rules[9], 2001

  • States the condition in which animals can not be slaughtered.
  • According to section 3 of the Act, animals cannot be slaughtered except in recognized or licensed slaughterhouses.
  • According to section 4-9, the provisions of resting grounds, compulsory veterinary inspections, slaughter in isolation, specifications for the slaughterhouse building such as floors, windows, drainage and ventilation, valid licensing of employees, and proper inspection carried out by the Animal laws Welfare Board of India.-

Prevention of Cruelty to Animals (Transport of Animals on Foot) Rules[10], 2011

  • Section 3 deals with distances of 5km or more than 5km.
  • Section 4 makes it mandatory to ensure that the Animal is fit for such a journey.
  • Provisions for distance, time, rest, intervals, and temperature should be given.
  • Section 11 prohibits the use of a whip.
  • Section 12 prohibits the transportation of animals on foot before sunrise and after sunset.

Dog Breeding and Marketing Rules[11], 2017

  • Section 3 prohibits the breeding and sale of dogs unless the owner has obtained the certificate of registration from the State Board according to the rules laid down.
  • Dog Breeding and Marketing Rules, Section 4 gives the eligibility criteria required to obtain the certificate of registration.
  • Section 8(f) prohibits the display of pups in public places for the purpose of an immediate sale.

Section 428 and 429 of the Indian Penal Code (IPC)[12] 1860 provides the punishment provisions in case of crime against animals.

Indian Penal Code 1860, Section 503, provides that intimidation is a criminal offense that is cognizable. Anyone who threatens or intimidates any person taking care of dogs is liable for criminal intimidation and can be arrested without a warrant.

Section 506 of Indian Penal Code 1860, it is a crime to threaten, abuse, or harass neighbors who feed animals. These are some animal laws in India.

Also Read: The Gender Advantage- Men/Women?

Does eating meat make you any less of an Animal Lover?

Most often we have seen people criticizing non-vegetarians being animal lovers. So here are few points which we hope make you think if really non-vegetarians worth your criticism and if quitting meat is necessary to prove your love for animals.

  • Protecting and caring for animals is no choice but a responsibility but what to eat and what not to eat is a personal choice and you are no one to decide this or categorize this for anybody.
  • Some animals are part of the food chain, and by disturbing the food chain we can intervene with natural processes that are not exactly right.
  • If consumption of meat would have been a crime all non-vegetarians would be considered criminals.
  • The problem is not the consumption of animals but the problem in the way they are treated before they are turned into food. So, in place of asking people to quit food take action for proper treatment of animals.
  • There are many non-vegetarians who work so hard just to make this land a better place for animals to live and those hands are much more helpful than mouths who claim to be animal lovers by quitting meat and have shut themselves since then.
  • Also, if eating meat makes a non-vegetarian any less of an Animal lover then we would request to stop eating vegetables because that is cruelty against plants and stop drinking milk as it is unfair to the cows.

It is very easy to deviate from the actual problems and blame each other for situations but difficult enough to become a part of the solution.

Also Check Out : Elections- Let’s Go Back to Basics

Conclusion

How a person behaves with an animal says a lot about his personality. Maybe this not be the only motive of your life but it never costs too much to be kind. Animals are not dependent on you but all the creatures are dependent on each other in some other manner. Those creatures only understand one language that is of emotions. Without even realizing we the social animals, became so dangerously cruel.

Stop the wrong notions about being an animal lover. Taking care of your own pet doesn’t make you one but showing concern and helping all the animals regardless of various other factors does. Speak up when you see something wrong happening. Spread awareness among everyone and most importantly don’t trust anything only because a huge crowd follows it. Use your brain to analyze the situation, the problem, the need, and then come up with a solution.  We aren’t asking for sympathy but empathy is what you must have.

 

-Rudrakshi Sharma

(Writer, The Legal State)

 

References

 

[1] Prevention of cruelty to animals act (pca), 1960

[2] Karnataka Prevention of Animals Sacrifices Act,1959

[3] Prevention of Cruelty to Draught and pack Animals Rules,1965

[4] The Wildlife (Protection) Act, 1972

[5] 42nd Amendment 1976

[6] Article 21 of the constitution

[7] Animal welfare board of India v. A. Nagaraja &Ors. Civil Appeal No. 5387 of 2014

[8] Performing Animals (Registration) Act, 2001

[9] Prevention of Cruelty to Animals (Slaughter House) Rules, 2001

[10] Prevention of Cruelty to Animals (Transport of Animals on Foot) Rules, 2011

[11] Dog Breeding and Marketing Rules,2017

[12] Indian Penal Code, 1860

  1. https://indiankanoon.org/doc/1569253/#:~:text=%E2%80%94Every%20person%20shall%20be%20liable,may%20be%20tried%20within%2C%20India.
  2. https://indiankanoon.org/doc/146162682/
  3. https://indiankanoon.org/doc/173873684/
  4. https://indiankanoon.org/doc/160569826/
  5. https://indiankanoon.org/search/?formInput=42nd%20amendment%20&pagenum=10
  6. https://indiankanoon.org/doc/1781078/
  7. https://indiankanoon.org/search/?formInput=prevention%20of%20cruelty%20to%20animals%20act%201960+doctypes:judgments
  8. https://api.worldanimalprotection.org/

3 thoughts on “Animal Laws In India with Case Study”

  1. Very nice article being an animal lover myself, I was not aware there were ay laws in place for them.

    Entertainment is a very masked and modest word there are cases in animals today where They have been treated like nirbhaya also many cows and dogs who have their one or both paws cut off for the reason of entertainment…

    Such articles bring to light what is being done and what must be brought in to place in today’s times 😊 👍

    Reply

Leave a Comment