LAWS FOR ANIMAL WELFARE IN INDIA

INTRODUCTION:

                               Animals are undividable part of human life; they have co-existed with humans for millions of years. Animals also play very important role in food chain. Just like it is important to protect them from getting extinct, it is also important to protect them from abuse they face because of human race.

Human beings enjoy numerous rights and protection from crimes because of legal system which exist in our society, just like that we have few laws for animal protection too.

Being humans, we are considered as a smartest creature on earth and it’s our duty to become the voice for the voiceless, for doing so we need to know the laws which are created for protection of the animals, using those we can take steps towards creating a batter world for animals to live in.

“The greatness of a nation and its moral progress can be judged by the way its animals are treated” – Mahatma Gandhi.

In India we have few acts which are specially made for preventing animal cruelty, those are as follows:

LAWS IN INDIA:

  • THE PREVENTION OF CRUELTY TO ANIMALS ACT, 1960:

                                  Indian government has laid down rules and regulations to protect animals in the prevention of cruelty to animals act, 1960.

Central government has established a board called “animal welfare board of India” which regulates the laws relating to animals.

In this act it is provided that if any animal is in your possession, it’s your duty to take care of that animal.

It is also your duty to make sure that such animal is not subjected to any pain or suffering. (Sec 3)

Animal cruelty includes – (sec 11)

  1. Beating (kicking, punching), driving over an animal, over loading weights on animal, torturing animal, subjecting an animal to the pain and sufferings.
  2. Employing animal in an employment which is likely to cause infirmity, wound, sore to the animal
  3. Wilfully giving injurious drugs or injurious substance to the animal.
  4. Carrying animal in a vehicle in such a position which is likely to cause unnecessary pain and suffering to the animal.
  5. Keeping animals in confined places or cages where they cannot move properly.
  6. Keeping animal chained for long time, using heavy and very short chains.
  7. Keeping dog chained for long time and being an owner neglecting it.
  8. Owner not providing animals enough food, water and shelter.
  9. Owner abandoning animal in a such a place where it is more likely to cause pain and suffering to animal due to thirst and starvation.
  10. Wilfully letting animal free on streets knowing animal is ill and will die on street.
  11. Being an owner offering animal for sale which is suffering from pain because of mutilation (violent and disfiguring injury) starvation, thirst, overcrowding or ill treatment.
  12. Inflecting any violent or disfiguring injury to the animal or killing an animal by using strychnine injections in the heart or in any other unnecessarily cruel manner.
  13. If any person for entertainment,

confines any animal to make that animal an object of prey for the other animal, and

incites any animal to fight or bait any other animal

14. encouraging violent behaviour of any animal to fight or bait any other animal.

15. Working and engaging in the business of animal fight and betting over animal fights.

16. Promoting or taking part in a shooting competition where animals are released for the purpose of shooting.

If any animal is in unbearable pain and court thinks that it is cruel to keep that animal alive then by courts order that animal can be put to death.

No person can train or exhibit the animal without taking proper permission from respective authority.

Case law –

PETA vs. union of India (2006)

this is a very important judgement given by Bombay high court that if film makers are wishing to use an animal, they need to obtain no objection certificate from animal welfare board of India as pre-requisite for certification from the central board for film certification.

Animal welfare board of India vs. A nagaraja and others (2014)

In this judgement supreme court held that bulls cannot be performing animals, jallikattu and other animal races and fights are prohibited.

  • PROVISIONS IN INDIAN PENAL CODE:

Section 428 and 429 – If a person kills animal or lefts him without limb or with a serious injury to the animal then that person will be punished under sec 428 and 429 of IPC.

Section 377 – Sexual intercourse between any man and animal is considered unnatural and it is a punishable offense under sec 377 of IPC.

  • PROVISIONS UNDER CONSTITUTION OF INDIA –

Article 21 – We enjoy numerous rights under constitution of India, one of which is right to life.

Right to life is a fundamental right which is applicable to animals too.

In the landmark case of “jallikattu” The Supreme Court has declared that animals have a right to protect their life and dignity from human excesses.

Article 51 A (g) – it is duty of every Indian citizen to protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for all the living creatures.

Article 48 – it is given in the article that the state should organise agriculture and animal husbandry on modern and scientific lines and in particular, take steps for preserving and improving the breeds, and prohibiting the slaughter, of cows and calves and other milch and draught cattle.

Article 48 A – in this article it is given the state should protect and improve the environment and to safeguard the forests and wild life of the country.

  • THE WILD LIFE (PROTECTION) ACT, 1972 – under this act it is prohibited to do hunting in the forests and killing any wild animals. This act also provides protection for rare species of trees.

Case law –

Nair, N.R. and ors vs. union of India and ors

In this judgement kerala high court decided that bears, monkeys, tigers, panthers and lions shall not be trained or exhibited as performing animals.

  • ANIMAL BIRTH CONTROL (DOGS) RULES, 2001 – this rule is enacted under sec 38 of prevention of cruelty to animals act 1960, under this rule dogs are divided into two categories those are pet dogs and street dogs, in case of pet dogs the owners are supposed to take care of birth control, immunization, sterilization and licensing.

In case of street dogs, they shall be sterilized and immunized by participation of animal welfare organizations, private individuals and the local authority.

The authority which carries out the birth control has to follow some rules and regulations those are as follows –

  1. There shall be two trained employees to catch the dog and one representative of any of the animal welfare organization along with van driver.
  2. Dogs must be cached using human methods.
  3. Dogs of different localities should not be mixed together.
  4. Veterinary examination must be done after taking dogs for operation.
  5. Pregnant dogs should not be operated irrespective of any stage of pregnancy.
  6. Proper Food, water and shelter must be provided for dogs while they are being kept in the place of birth control.
  7. Shelters must be clean and there should be place enough for dogs to move freely.
  8. Dogs must be released to the place they were cached and not to any other place.
  9. Before releasing dogs, they should be vaccinated and ear should be clipped or tattooed to recognise sterilised dogs.

Rules relating to dogs with rabies –

  1. After receiving call or information about such rabies infected dog, authority should catch the dog and put it in an isolation ward.
  2. The dog should be inspected by veterinary surgeon and representative from an animal welfare organisation.
  3. If dog is found to have high probability of having rabies, he should be isolated until it dies a natural death which is likely to cause within 10 days.
  4. If it is found that the dog is not infected with rabies but with some other disease then such dog should be handed over to the AWO (animal welfare officer)

             Rules for breeder –

  1. A breeder must be registered with Animal Welfare Board of India.
  2. Breeder must maintain full record of the number of pups born/died from individual bitches.
  3.  Breeder must maintain record of the person buying the pups. He should ensure that the buyer has the required knowledge for the upkeep of the pups.

What are animal breeders? they are people who breed dogs and cats which are sold at high prices because of their foreign breed.

People often think that it is ok to buy such breeds because they are unaware of the harsh reality.

PETA (people for the ethical treatment of animals) did research on in which condition these animals are kept and how the breeding process takes place, and the results were horrifying.

Animals were found to be kept in small cages and female animals (dogs and cats) were forced to get pregnant for all their life span, and after they lose the capacity to get pregnant, they were either abandoned or killed.

And these crimes will continue to take place unless and until people stop buying breed animals and start adopting local breeds which are aften found on streets because no one wants them.

So many NGOs working for animal welfare have recorded the fact that most of the breed animals they find on streets are the once who are abandoned by these breeders to die on street.

Animal lovers are those who can love each and every animal equally.

Foreign breeds are genetically of such physique that they need their home lands climate to live better and to the full capacity of their life span, bringing them to the whole new climate makes their immune system weak and their life expectancy declines.

So, if you are thinking of getting a dog or a cat home, consider getting a street or local breed, this is the only way for you to stop being part of the heinous crime that happens to the poor animals.

            “The question is not, can they reason?

  Nor, can they talk?

  But, can they suffer?

                                                   -Jeremy Bentham

There are many laws to protect animals but people are not aware of them rather we can say that people does not care enough about animals to know what laws are available to protect them.

Mother earth belongs to all the living creatures, the day we realise it will be the day we start treating animals better.

Besides all these laws, we have so many NGO’s working for injured animals for free of cost, we can get information about address and contact numbers of such NGO’s from internet easily.

So next time if you see an injured animal, instead of feeling sorry and sad you can take step forward and call any NGO nearby and can save a life of a voiceless.

Contact number and location of few NGOs –

  1. Resq charitable trust – 098909 99111 (pune)
  2. Paws care – 084110 66774  (pune)
  3. Saahas for animal – 8459592034 (pimpri Chinchwad)
  4. The welfare of stray dogs – 2264222838 (Mumbai)
  5. Paws – 1800115737 (new Delhi)

  I am the voice of the voiceless; Through me the dumb shall speak.

             Till the deaf world’s ears be made to hear.

             The wrongs of the wordless weak.

             And I am my brother’s keeper, And I will fight his fights;

             And speak the words for beast and bird.

             Till the world shall set things right.

                                                             -Ella Wheeler Wilcox

  • REFERANCES
    • The prevention of cruelty to animals act, 1960.
    • Indian penal code.
    • Constitution of India.
    • The wild life (protection) act, 1972.
    • Quotes – Peta.org UK.
    • Animal birth control (dogs) rules, 2001.

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

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