By Neha Choudhary
Animals are sentient beings and have as much freedom and right to live as an individual possesses. They do realize what is going around them and the way they are being treated by human beings. Animal welfare and rights in India regard the treatments and provisions under the law regarding animals and their protection against inhuman actions of humans towards them.
We live in a place where traditions and religions are given utmost importance which in some circumstances led to animal cruelty and brutality.
To stop the cruelty and brutal activities that humans observe on unvoiced animals, it was essential to acknowledge the importance of animal rights not just in India but all across the world.
Introduction
We have all seen the barbarity that animals have been facing for a very long time even though there is a strong body of legal authorities present to secure the animals from cruelty and no one even considers that these actions can affect them as well.
We are living in a space where we grew up having animals as a meal, clothes in form of leather, wool, or silk, watching circus where animals are not treated as they should be treated, zoos where they have been enclosed and captured for do not know how many years for our entertainment.
There are pet shops where birds, dogs, cats, rabbits, etc. are kept in cages for business purposes. Individuals have been caught for animal cruelty and legal charges have been imposed on them under sections provided for animal protection.
UN was the first to pass the resolution recognizing animal rights and the Universal Declaration on Animal Welfare acknowledged the importance of the animals and human responsibilities towards them.
To protect animals and their interests, needs, and desires as similar to a human being, the existence of these rights is important. Animal rights is a philosophy that animals too are entitled to their presence as similar to that of the individuals.
They have the right to live freely without any exploitation as animals can too only suffer to a degree with no one human being would ever want to reach.
Advocates, humanitarians, non-governmental organizations have been arguing for the animals’ rights and their protection around the world for their right to live a peaceful and non-torturous life without any suffering due to non-humanly actions and treat them equally as living beings.
Legal Provisions Across the World
There have been several provisions and enactments provided under various statutes for the protection of animals from cruelty and safeguarding their species and habitats as they have faced brutality for centuries and their rights have been a debatable topic everywhere whether it is India or anywhere across the world.
These include[1]:
United States
- The Animal Welfare Act, 1966 was governed and enacted in the United States that regulates the treatment of animals in research and exhibition.
- The Preventing Animal Cruelty and Torture Act [PACT], 2019 signed by the former US president Trump to make extreme acts of animal cruelty a felony.
United Kingdom
- The UK is at the top of other countries when it comes to the protection of animals.
- There is legislation for the prevention of cruelty against animals in captivity or farm animals that are being used excessively.
- The Protection of Animals Act, 1911 was the first legal back for animal protection.
- The Animal Welfare Act, 2007, came into force in England replacing the Protection of Animals Act for the prevention of pet abuse and has a strict penalty of almost a year in jail for cruelty and negligence of animals.
- The Animal Welfare Act, 2011, prescribes punishments, fines, or imprisonments for the cruelty of animals.
- Some other of these acts is The Performing Animals (Regulation) Act, 1925, The Breeding of Dogs Act, 1973, The Protection against Cruel Tethering Act, 1988, etc.
- They also support the Universal Declaration on Animal Welfare (UDAW), a step forward to encourage countries to adopt prevalent standards for the protection of animals across the world.
Switzerland
- Switzerland became the first country for providing provisions for the protection of animal’s dignity.
- The government of Switzerland considers some animals as social animals and orders them to be kept in pairs.
- They even declared stopping a dog from barking as illegal and pet owners are required to learn to tend their pets.
Germany
- Germany was the first-ever country in the European Union for giving animals’ constitutional protection as the German Constitution states “The state takes responsibility for protecting the natural foundations of life and animals in the interest of future generations.”
- The German Animal Welfare Act is one of the strictest legislation in the world for the protection of animals as it also provides provisions for the excusable experimentation on animals.
India
- The Indian Penal Code, 1860, and another statute like Local Municipal Corporations provide punishments for animal killing or slaughtering.
- Prevention of Cruelty to Animal Act, 1960 was enacted to prevent the infliction of pain or suffering on animals that is unnecessary
- The Wildlife Protection Act, 1972 for the protection of wildlife to ensure ecological security by laying down the restriction on hunting.
- The Transport of Animals Rules, 1978, provides animals to be transported when they are in fit condition and not otherwise.
- The Animal Birth Control Rules, 2001 provides certain laws for sterilization of the animals.
- The Constitution of India provides one of the Directive Principles of State Policy under Article 48 provides agriculture and animal husbandry on modern and scientific lines and further directs the state to ban the consumption of beef, animal slaughtering, smuggling, or trading with other countries.
- Article 51A(g) of the Constitution provides the fundamental duty of every citizen of India to have compassion for all living creatures.
- Out of all of these, The Prevention of Cruelty towards Animals Act, 1960 being momentous deals with animal cruelty in India.
However, the provisions provided under the Indian statutes are not effective the way they should be. People have continued the brutality towards the animals even after the acts have been imposed on them.
The punishments and fines prescribed under these acts are non-authoritative and ineffective as people are not even scared before committing the crime of animal cruelty.
For example, certain sections prescribe the fine of only Rs.50 and that shall not be enough to justify the abhorrent crime of cruelty on animals.
Some examples of the offenses and the punishments prescribed for animal cruelty in India
- Section 4 of the Animal Welfare Board of India sets guidelines to guard animals against being exploited and exposed to excessive torture.
- Under Prevention of Cruelty Act, 1960
Section 11(1)(h) provides “being the owner of any animal, fails to provide such animal with sufficient food, drink or shelter” is a punishable offense.
The fine can go up to 50 and in case the same crime is committed within three years again, the person would be charged for a fine between 25 and 100 or imprisonment of up to 3 months or both.
Section 11(1)(i) of Prevention of Cruelty to Animals Act, 1960 says that “without reasonable cause, abandons any animal in circumstances which render it likely that it will suffer pain by reason of starvation or thirst” is a punishable offense.
The fine can go up to 50 and in case the same crime is committed within three years again, the person would be charged for a fine between 25 and 100 or imprisonment of up to 3 months or both. Neither the fine nor the imprisonment would stop people from committing the crime against animals.
Section 11(1)(o) of the same act says if anyone “promotes or takes part in any shooting match or competition wherein animals are released from captivity for such shooting” is a punishable offense and the same amount of fine and punishment is prescribed.
Section 22(ii) of the PCA Act, 1960, provides the prohibition of the use of Bears, monkeys, tigers, lions, and bulls from being trained for entertainment purposes either in circuses or streets.
Rule 3 of Prevention of Cruelty to Animals, Rules, 2001 states animal sacrifice as illegal everywhere across the country, and no animal including chickens can be slaughtered in any place other than a slaughter designated place.
It would amount to cruelty on the animal if anyone keeps, or confines it, or chained the animal for long hours and would be punishable by a fine or imprisonment of up to 3 months or both.
- Under the Indian Penal Code, 1860
Section 428 and 429 of the Indian Penal Code, 1860 provides the ‘Killing, slaughtering, poisoning, injuring or torturing an animal’ and inhuman actions towards animals as a cognizable offense.
The fine in this case as well is just 10 or above and the punishment prescribed is rigorous imprisonment which may extend for up to 2 years or a fine or both.
Section 377 provides that whoever voluntarily tried sexual intercourse against the order of nature with any man, woman, or animal as a punishable offense and would amount to bestiality and offender shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years and shall also be liable to fine.
Moreover, some cases have also been reported where a pregnant goat was gang-raped by eight men and in another case where a female puppy was raped, and the cases have been registered under section 377 IPC And PCA Act.
- Under the Wildlife Protection Act, 1972
Section 38(j) of states ‘teasing, molesting, injuring, feeding or causing disturbance to any animal by noise or otherwise’ is a punishable offense and punishment would be imprisonment of up to 3 years or fine up to Rs. 25,000 or both.
Section 9 provides that ‘capturing, trapping, poisoning, baiting of any wild animal or destroying or even attempting to destroy the eggs or nests of birds or reptiles and cutting a tree having nests of such birds or reptiles’ would amount to hunting and offender would be liable of a fine of up to Rs. 25000, or imprisonment of up to seven years or both.
The Wildlife Protection Act also governs the aquatic animals and the protection they should get.
Schedule 1-4 of the Wildlife Protection Act provides the marine species that are being protected under this act i.e. seahorse, giant grouper, hermatypic corals, organ pipe, fire coral, sea fans, etc.
- According to the Rules, 148-C and 135-B of Drugs & Cosmetics Rules, 1945, cosmetics tested on animals and the import of cosmetics tested on animals is banned.
- According to Animal Birth Control Rules, 2001, dogs can be sterilized only when they have attained the age of at least 4 months and not before that.
Sending A Legal Notice
The heinous crimes against animals remain unreported when humans do not take a stand for the protection of animals.
Whereas, on the other hand, the law provides the individual with the right and duty to send a legal notice to the offender by themselves through a lawyer or take help of NGOs designated for the protection of animals to file an official complaint as Wildlife Offence Report (WLOR) under Section 50(4) of the Wildlife (Protection) Act, 1972.
Section 43 of the CrP.C provides an individual with the right to arrest and hand over the offender to the police who have committed this non-bailable and cognizable offense.
Recent Instances
There have been recent cases of animal cruelty when a monkey invaded the teak plantation, was hanged to death. In another case, the leopard was found dead with heads and paws cut off on Wardha-Mandwa road in Maharashtra, where the offenders had to face proceedings, there was another case of allegedly killing the leopard by electrocution.
The other crime was in the news when an elephant was killed by the firecracker-filled pineapple that exploded in its body in Kerala, and various other cases where dogs were poisoned, dragged and beaten up till death which shows the inhuman activities of human beings.
The videos of animal cruelty have also been surfed online that have sparked anger not only amongst the social activists but also the general public.[2]
The famous case of the Bollywood celebrity Salman Khan was all over the news when he shot dead the endangered species and raised the issue of animal rights amongst the public.
In the case of Salman Khan Vs. State of Rajasthan[3], the accused was convicted for the offense of killing a blackbuck, the endangered species, and was held guilty under Section 51 of the Wildlife Protection Act to undergo 5 years simple imprisonment with the fine of Rs. 25000.
Landmark Judgments
Tilak Bahadur Rai Vs. State of Arunachal Pradesh[4] – Killing an animal as self defense
In this case, the observations made by the Court were:
- That it is important to understand the nature and the dangers that lurked around and under what circumstances the animal was killed after outing forth due deliberations and arguments by both the parties.
- That the man’s action can be justified in the case of self-defense and testifying and judging the real circumstances of the case and good faith of the person.
- That, if any animal is killed by an individual to protect himself, then such animal is the property of the government and no individual would have any claim on that animal.
People for Ethical Treatment of Animals Vs. Union of India[5] – Use of animals in films
The court observed:
That if a film needs to use an animal then it is necessary to obtain a no-objection certificate from the Animal Welfare Board of India as a pre-requisite for certification from the Central Board for Film Certification under provisions of the Performing Animals Rules, 2001.
That it is essential to safeguard animals from being exploited or ill-treated during the film making, which can extend across several hours that would prevent animals from, among other abuses, being exposed to loud, strange sounds, beaten or kept without food and water.
Gauri Maulekhi Vs. Union of India[6] – Strict implementation of the prohibition of cattle smuggling
In this case, the Supreme Case observed:
That it is necessary for the strict implementation of the prohibition of cattle smuggling across the border for Gadhimai animal sacrifice in Nepal. Moreover, several welfare recommendations shall be adopted and strictly to be followed.
- That the government needs to ensure that no animals are illegally transported to the neighboring countries and offenders shall be penalized under Section 11 (3) (e) of the Prevention of Cruelty to Animals Act, 1960 as sacrificing an animal cannot be a way to please God.
N.R. Nair and Ors. Vs. Union of India and Ors[7] – Curtailing the exhibition and training of the animals for entertainment
The Supreme Court observed:
- That the notification drafted under the provisions of Section 22 of the Prevention of Cruelty to Animals Act, 1960 and issued for curtailing the exhibition and training of the animals for entertainment is within the parameters of the PCA Act.
- That in every nature of things when the animals are used for performance in the circus, it requires training and it is for the Government to decide based on the evidence on record and after considering other factors if the training and exhibition of those animals would result in unnecessary pain or suffering in respect to the notification that is being issued to prevent unnecessary pain or suffering being caused to the animals.
- That the animals have the right to move freely and anyone’s right to trade and business under Article 19 cannot be granted to trade against the protection of the animals as they were injured and tortured during the training and exhibitions by the Circus Authorities. It was held that no animal should suffer pain and agony in any circumstances.
Animal Welfare Board of India Vs. A. Nagaraja & Ors[8] – Participation of bulls in festivals like Jallikattu
The Supreme Court in a landmark judgment for animals’ cruelty observed:-
- That the animals have the right to live with honor and dignity and shall be safeguarded by law. It is now necessary to make amendments in the Protection of Cruelty to Animals Act and declare the Tamil Nadu Regulation of Jallikattu Act, 2009 as void, as the court observed the sports like Jallikuttu and bullock kart racing, is harmful to bulls both physically and mentally.
- That, it is essential to understand that every citizen of India enjoys absolute fundamental rights conferred under Part III of the Constitution of India. Moreover, the animals being the living species are also needed to be protected and humans need to understand and consider and protect them from all sorts of inhibitions.
- That the Article 51 (g) and (h) for the protection of the lives of animals is necessary and the right to live with dignity is not just confined to human beings and cannot be curtailed or taken away. Under Section 11 r/w Section 3 of the PCA Act, it is inhumanly to beat, torture, or inflicting them with injury or suffering.
- That it is necessary to take steps to prevent the infliction of unnecessary pain or suffering on the animals since their rights have been statutorily protected and to see the measures taken by the person in charge for the protection of the animals.
Conclusion
Animal cruelty has been in the news due to inhuman acts done by humans that ought to stop. The existence of animal rights teaches us the principle of what is morally wrong and it is inhumanly to be cruel towards the animals that can’t even express.
The legal rights have been provided for the protection of animals and safeguarding them from the atrocious crimes they have been facing. The acts that provide certain restrictions might need re-interpretation or amendment as the punishments prescribed under most of them are not enough to stop people from committing these crimes.
The individuals not just should stop the cruelty but also stop the inhuman acts of others as well. Any illegal killing or cruelty towards an animal should be reported to the police and F.I.R. should be filed against the offender. In the view of animal rights, these basic interests give the animals both moral and legal rights.
References
- Joseph Kiprop, “Best countries for animal welfare” available at: worldatlas.com ( last visited on November 28. 2018) ↑
- Priya Chauhan, “Barbaric and inhumane incidents of animal cruelty in India” available at: .planetcustodian.com ( last visited on July 8. 2020) ↑
- Salman Khan VS. State of Rajasthan, 2001 (2) WLC 535 ↑
- Tilak Bahadur Rai Vs. State of Arunachal Pradesh, 1979 Cr. L.J. 1404. ↑
- Gauri Maulekhi Vs. Union of India (Writ Petition (PIL) No. 77 of 2010) ↑
- N.R. Nair and Ors. Vs. Union of India and Ors, AIR 2000 Ker 340 ↑
- Animal Welfare Board of India Vs. A. Nagaraja & Ors, 7 SCC 547 ↑