Table of contents
The Central Government has enacted several legislations in the framework of defending the rights of animals. Animal protection began with the Ashokan period when he forbade the killing of animals in his kingdom. There was an ethos of animal respect since animals had feelings, sentiments, pain, and the right to live as god's creatures. Cruelty to Animals refers to animal maltreatment that is intentionally conducted on animals for monetary gain. As Mahatma Gandhi properly stated, a nation's greatness and moral advancement can be assessed by how its animals are treated.[1]
In addition, other creatures may be different from us, but that does not make them less than us, according to Marc Bekoff. Animals receive no attention in today's generation because humans are preoccupied with their rat race for easy money, for which they are targeting animals. Animals are mute bystanders who can speak out against cruelty. Article 51A (g) of the Indian Constitution states that every citizen of India has a fundamental responsibility to have compassion for all living species.[2] The killing of any animal, including stray animals, is a serious violation under Sections 428 and 429 of the Indian Penal Code,[3] as the Central government has enacted numerous legislation to combat the problem. The government enacted the Prevention of Cruelty to Animals Act of 1960[4] and the Wildlife Protection Act of 1972 to combat cruelty.[5]
The Prevention of Cruelty to Animals Act was adopted by Indian parliament in 1960 to prevent the inflicting of undue pain or suffering on animals. It went into effect on April 1, 1974. However, this statute does not apply to offenses involving the killing of animals in a manner dictated by a community's faith. This legislation has numerous qualities, such as being a central act that applies across the country and solely pertains to captive and domestic animals. Different types of animal cruelty are listed in Section 11(a) to (o). It is against the law to kill homeless animals, as numerous laws are prohibiting illegal behaviors involving animals.
According to Section 11(1)(h) of the Prevention of Cruelty to Animals Act, 1960, failing to provide an animal with adequate food, drink, shelter, and exercise, or keeping him chained/confined for lengthy periods, is punishable by a fine or imprisonment of up to 3 months, or both.[6]
We see overloaded donkeys and bullock carts on the roadways in our daily lives, yet we are unconcerned about their suffering since we are just interested in making money from the animals. Many individuals are unaware of the animal rights provided by the federal government, and those who are aware of these laws are unaware that they were not created by the government to defend animal rights. Second, we treat animals as if they were machines or commodities.[7]
It has been decided that anyone who hits, kicks, over-rides, over-drives, or otherwise treats animals in such a way as to cause unnecessary pain or suffering, or whose owner permits such treatment, can face criminal charges.
Section 3 of the statute outlines several responsibilities of people who are responsible for animals, including not harming or injuring them.[8] There is a responsibility to advise the central government on the creation of legislation that would prevent animals from suffering unnecessarily, particularly when they are transferred from one location to another.
The board will take all reasonable steps to improve the animals' pitiful situation, including providing shelter for them and providing veterinary treatment to them at any time. To provide all types of help, including financial support, to animal welfare organizations so that more organizations might be established to function under the board's supervision.
The Animal Welfare Act of 2006 holds owners and keepers responsible for ensuring that their animals' welfare needs are met, which includes providing a suitable environment, a suitable diet, allowing them to exhibit normal behavior patterns, and protecting them from pain, injury, suffering, and disease.[9]
This statute was enacted to protect the interests of animals. Section 50 of the Wildlife Protection Act of 1972 defines the person authorized by the director, the chief wildlife warden, any forest officer, or any police officer not below the rank of sub-inspector to arrest and detain any person without a warrant, but the officer must have reasonable grounds and reason to believe that such person committed an act that causes harm to animals.[10]
Animal sacrifice is unlawful in every region of the country, according to Rule 3 Slaughterhouse Rules, 2001, and Chapter 4 Food Safety and Standards Regulations, 2011. No animal can be slain anywhere other than a slaughterhouse. Animals that are sick or pregnant are not to be slaughtered.
1. Painful life of stray dogs following birth control procedure: The Central Government enacted the Animal Birth Control Rules, 2001, using a medical technique, although the surgery was performed incorrectly or irresponsibly by doctors. They select animals and leave them in the same location after the harsh operation with no regard for whether or not the animals survive the process.[11]
2. Animal testing for cosmetics: Millions of animals are slaughtered in barbaric and brutal tests in an attempt to evaluate the dangerous effects of consumer products and chemicals to measure toxic effects. This experimentation on animals affects innocent creatures through cruel and ineffective testing. However, the Central Government has made it illegal to test cosmetics on animals, but it is still lawful to import animal-tested products, therefore there is a need to regulate the sale and import of animals.[12]
3. Hunting: The act of following and killing wild animals or birds for sport or food. People have killed 1.2 million animals in the name of Trophy hunting, which kills roughly 70000 animals every year. While in Rajasthan for the filming of Hum Saath Saath Hain, Salman Khan was accused of hunting and killing two blackbucks near Kankani.[13]
4. Meat consumption: Meat is consumed in large quantities every day. According to the study, 20% of Indians are vegetarians, and according to NSSO data, 6.4 per cent of rural Indians consume mutton, 21.7 per cent eat chicken, 26.5 per cent eat fish, and 29.2 per cent eat eggs.[14]
5. Beating or kicking: A tigress was recently beaten to death in Lucknow, and villagers made a film with "commentary".[15]
6. Meat consumption: Meat is consumed in large quantities every day. According to the study, 20% of Indians are vegetarians, and according to NSSO data, 6.4 per cent of rural Indians consume mutton, 21.7 percent eat chicken, 26.5 per cent eat fish, and 29.2 per cent eat eggs.
7. Animals used for entertainment and kept in cages: Animals are kept in cages for the sake of profit and are treated cruelly. Animals are employed in sports, like in the case of JallikattuK. Muniasamythenar v. Dy. Superintendent of Police, in which the Supreme Court outlawed the sport of Jalli Kattu following the Tamil Naidu Regulation of Jalli Kattu Act, 2009.
8. The Supreme Court of Assam (Ahatguri palace) outlawed buffalo combat, as it does other animal races and fights, to prevent the inflicting of undue pain and suffering on animals for entertainment.
1. Anyone who witnesses cruel conduct against an animal must take action.
2. The police's role in filing an FIR under the Animal Cruelty Prevention Act of 1960.
3. Individuals should be informed about the rules and regulations governing animal rights.
4. A complaint was filed with the local SPCA (Society for Prevention of Cruelty to Animals)
1. The Supreme Court of Uttarakhand has declared the entire animal kingdom to be a legal entity with all of the rights, duties, and liabilities of a living person, in the same way, that the Supreme Courts of Punjab and Haryana have declared the entire animal kingdom, including avian and aquatic animals, to be legal entities with all of the rights and duties of a living person.
2. According to the Delhi High Court, there are no laws prohibiting individuals from feeding stray animals, however supplying dangerous food is a criminal offence, and the Animal Welfare Board of India distributes IDs to persons who feed stray animals.
3. JNU will hold a certificate course in animal welfare to educate and train people on how to treat animals ethically.
4. The Centre recommends rigorous rules to regulate pet stores in India, including the capture, housing, breeding, and transportation of animals sold in the pet trade, as well as the requirement that the proprietor of such a shop registers with the State Animal Welfare Board.
AUTHORED BY: Simran Sadhija
COLLEGE: Symbiosis Law School, Hyderabad
[1] Guide for care and use of laboratory animals, National Research Council of the National Academies, 8, 2011.
[2] The Constitution of India, Art. 51A(g).
[3] The Indian Penal Code, (Act 45 of 1860), § 428 & 429.
[4] The Prevention of Cruelty to Animals Act, 1960.
[5] The Wildlife Protection Act, 1972.
[6]The Prevention of Cruelty to Animals Act, 1960, § 11(1)(h).
[7]Public Attitude towards animals an overview, Elisabeth H. Ormandy, 30 June 2014.
[8] The Prevention of Cruelty to Animals Act, 1960, § 3.
[9] The Animal Welfare Act, 2006.
[10] The Wildlife Protection Act, 1972, §50.
[11] Violence against dogs: A historical cruelty, Alok Hisarwala, March 2021.
[12] The horror of animal cruelty, Ratika Rana, July 2021.
[13] Lack of data of animal cruelty, Pavithra KM, September 2021.
[14] Taruni Kavuri, Overview of Animal Cruelty in India, 2020.
[15] Sanjeev Nanda, Cruelty and Inhumanity towards Animals in India.
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