Law

Prevention of Animal Cruelty and Necessary Steps

Recently, there have been increased animal cruelty incidents in India, which started the debate about animal rights and the legal certainty of what today’s laws provide. The problem is that most of these crimes go unreported or face disappointing legal responses as sections of the Animal Cruelty Prevention Act 1960 and the Indian Penal Code appear outdated. SS Rithika writes about prevailing animal cruelty cases and contemporary legal policies, procedures, and court orders dealing with animal cruelty in India. Rithika also calls for redesigned laws to curb the rise in brutality against animals.

Everyone is familiar with the cruelties humans inflict on animals.

Recently, a dog named Bruno was inhumanely treated in an unfortunate incident. It has become a global digital protest. However, this is not necessarily the first incident, but one of many that are often unreported. [1]

It shall be the responsibility of every person having the care or charge of any animal to take all sensible measures to make sure about the well-being of such animal and to stop the wreaking upon such animal of unneeded pain or suffering, as suggested by the Establishment of Animals Welfare Board of India.

The Indian Penal Code (IPC) 1860 is the official criminal code of India which covers all significant aspects of criminal law. Section 428 and 429 of the IPC offer for punishment of all acts of cruelty for instance killing, poisoning, hurting, or leaving useless animals.

The Supreme Court on May 18th, 2023, in the Animal Welfare Board v Union of India case, endorsed the practice of Jallikattu as per the 2017 Tamil Nadu Amendment to the Prevention of Cruelty to Animals Act, 1960. The Supreme Court lawyers play an important role in helping you with such issues.

Regardless of animal cruelty laws and policies, India continues to witness unnatural animal deaths across the United States. Nevertheless, India ranked second in the 2020 International Animal Safety Index. [2]

With so many animal cruelty cases pending, why should there be another rule for animals? The Constitution of India offers a solution. Under Section 51A(g), one of our primary duties is to protect the natural environment and care for all living things.[3]

According to Article 48A, a Directive Principles of State Policy, even the state is obliged to protect and improve our environment.[4]

These responsibilities are therefore related to animal rights. These are incorporated into two major laws, the Animal Cruelty Prevention Act of 1960[5] and the Wildlife Protection Act of 1972[6]. The four main laws under this law are:

Cruelty in General:

Section 11 of the Prevention of the Cruelty to Animals Act of 1960 (PCA Act of 1960) makes it a crime to torture or harass an animal. [7] At this stage, any form of cruelty to offspring by the exploitation by the owner is a crime. Even organising animal fights as a sport/recreation is a crime punishable by a heavy fine of rupees 50 to 100- or 3-months imprisonment. The PCA Act provides for animal cruelty, and Sections 428 and 429 [8] of IPC 1860 criminalise the killing or mutilation of animals for industrial purposes. Recreational Restrictions Recreational or commercial use of animals is also cruel and is limited to the animal’s best interests [9].

Restriction on Entertainment:

Section 26 of his PCA Act of 1960 provides for penalties for displaying or training animals, with possible fines of up to RS.500. [10] However, there is an exception to this limitation in Section 27. [11]

Protection of Aquatic Animals:

Aquatic Animal Safety Many must have been confused as to why there are no dolphinariums in India. Dolphins are Indian aquatic animals in Schedule I of the Wildlife Protection Act 1972. [12] This rule provides a list of species in Schedule I of the Wildlife Protection Acted in Part II and Part II A of Schedule 1. [13]

Protection of Wild Animals:

The Wildlife Safety Act does not define hunting as simply killing or poisoning wildlife. Still, it consists of acts that disrupt wildlife life, such as destroying animal and reptile eggs and vandalising nests. As a result, a search under Section 9 of the Wildlife Protection Act is punishable with a penalty of Rs. 25,000/- or imprisonment for up to 3 years or both.[14] Again, the Act allows hunting for particular purposes, such as clinical or academic purposes.[15]

How to check in crimes related to animal cruelty in India?

Even though India has drafted and implemented various animal-friendly laws, you may be wondering how these laws are enforced. Contrary to the Chola dynasty lore known as the story of Manu Neethi Cholan, not all affected animals can knock on the doors of justice. But people have regularly spoken out against atrocities. If you witness animal abuse, you can still take the following steps to make a reliable report of animal rights violations. [16]

Legal Notice: When an individual makes a complaint against an animal abuser, due notice must be provided to the individual through an attorney or NGO. Defendants may not respond to criminal reports but can make genuine accusations.

Written Complaint: An expert complaint can be filed by bringing in a magistrate or forester. However, you can contact the magistrate to record your criticism. If possible, enlist the help of the Flora and Fauna Conservation Director or other accredited official, the Chief Natural World Warden, or the person who wrote the criminal complaint against them. (60 days or more).

The Indian Constitution acknowledges the holiness of animal life and lays down the defense and treatment of animals with nobility as a fundamental responsibility of its citizens. The Constitutional Framework of animal protection in India is enclosed in the following parts: Fundamental Rights (Part III).

Therefore, animals’ lives should be thought highly of because they have an innate right to be treated with dignity. The harm that is performed against animals should not be cut down because they are not considered to be “human.” Criminal Lawyers should be informed to help you if you ever come across such an incident.

WLOR: A Wildlife Offenses Record (WLOR) may be filed under Section 50(4) of the Plant Safety Act of 1972. [17] A WLOR is only the first document submitted to an appropriate court in a criminal case and is the equivalent of a First Information File (FIR). Investigations are most easily initiated after the confiscation of cloth or diversion of evidence, ultimately leading to the registration of wildlife crimes.

About Judicial References and Animal Rights, three significant cases where the judiciary has recognised the equal rights of animals worth keeping include:

  • Nair, N. R. and Ors. Vs. Union of India and Ors.: The supreme court held that bears, monkeys, tigers, leopards, and lions must not be exhibited or trained as performing Guaranteed under Article 19(g). [18]
  • Animal Welfare Board of India v. A. Nagaraja & Ors.: In a 2014 lawsuit, the Supreme Court made a landmark ruling, banning the Tamil Nadu resort town of The court has extended the right to lifestyle guaranteed under Article 21 of the Indian Constitution to all living beings and animals. [19]
  • Re: Bruno: In this context, as recently as July 2021, the Supreme Court renamed  the Suo Moto     Case     for     Animal     Cruelty Prevention “In Re Bruno.” The judges felt it was a fitting tribute to the poor dog that died at the cruel hands of

Coming to the RWA’s position in Delhi NCR: Are animal laws effective enough to protect the rights of stray puppies, kittens, dogs, cats, cows, buffaloes, chickens etc.?

Four out of a total of 93,910 animals were subjected to human cruelty in 2020. [21] Of the 1,000 recorded attacks on animals, more than 400 were violent attacks involving punching, kicking, and dousing them with acid and boiling water [22].

The cruelty inflicted on animals includes sexual abuse and harm to the private parts of the female of the animal. Stray animals, in particular, are the main victims of these crimes. [23] Implementing animal welfare guidelines in such violent movements is, therefore, doubtful and impossible.

Animal cruelty kills at least 50 animals daily in India [24]. However, these figures are just the tip of the iceberg, as most cases of violence against animals go unreported.

This fearlessness comes from forgetfulness, as many do not know their actions towards animals are criminal acts. Moreover, this cruelty is often taken lightly. It also violates the rights of all animals because the penalties for violations are small. For example, major animal abusers are fined from Rs.10 rupees to 50 rupees [25].

In many cases, animal welfare laws do not adequately cover the amount of crime and animals fall prey to human cruelty. Legal loopholes are a significant reason for India’s increased animal cruelty.

Recommendations: How to make the animal laws more animal friendly?

The first phase of animal welfare legislation is to amend the Prevention of Cruelty to Animals Act of 1960. This act was intended to avoid unnecessary suffering and fighting with animals. But the regulations are outdated; we need them to reflect the current scenario of animal cruelty. Therefore, the legislation should amend the existing 1960 laws to change the provisions and strengthen penalties for crimes.

The current fine for torturing animals is 50 rupees, but the same can be increased from 750 rupees to 3,750 rupees. Hurting or killing an animal for any purpose must be treated as a criminal offence and should be made punishable with a fine of Rs.75,000 or three times the value of the affected animal.

Instead, all animals should be given the same rights as humans, and the same rights should be extended to cows and chickens. This eliminates loopholes in the application of animal protection laws and fills gaps in the present scenario of applicable law.

Similarly, animal cruelty cases often go uninvestigated and undecided because police often refuse to investigate cases.

First and foremost, we need to be able to recognise animal cruelty headlines. Mr Varda Mehrotra, FIAPO’s Secretary General, rightly stated: “We need a revision in law, which reflects the prevailing values of our society, the ethos of ahimsa from our spiritual teachings, the idea of compassion from the constitution and the correct nature of the crime.”

It is, therefore, time to make the laws tougher for the perpetrators. After all, animals should be treated on an equal footing with humans and given some basic and fundamental rights essential to a peaceful life.

Endnotes:

 

  • Trending July 2, 202, Dog Brutally Beaten to Death by 3 Youths in Kerala, Outraged Netizens Trend (india.com)
  • Sumit March 13, 2020, India ranks second in Global Animal Protection Index 2020 (adda247.com)
  • The Constitution of India, 1949, 51A(g)
  • The Constitution of India, 1949, 48A
  • The Prevention of Cruelty Act, 1960
  • Act 53 of 1972
  • The Prevention of Cruelty Act, 1960, c. 3, sec. 11 [8] 45 of 1860
  • Indian Penal Code, 1860, 17, sec. 428 & sec. 429
  • The Prevention of Cruelty Act, 1960, 5, sec. 26
  • The Prevention of Cruelty Act, 1960, 5, sec. 27
  • The Wildlife (Protection) Act, 1972, Schedule I
  • Ministry of Environment, Forest and climate change, No. 20-1/ 2010-CZA

(M) (Issued on May 17, 2013)

  • The Wildlife (Protection) Act, 1972, 3, sec. 9
  • The Wildlife (Protection) Act, 1972, 3, sec. 12
  • The Wildlife (Protection) Act, 1972, 6
  • The Wildlife (Protection) Act, 1972, 6, sec. 50(4) [18] (2001) 6 SCC 84

[19] (2014) 7 SCC 547

  • Bhadra Sinha, July 2, 202, ‘In Re: Bruno’ — Kerala HC pays tribute to dog beaten to death, renames case after him (theprint.in)
  • In their own right- calling for parity in law for animal victims of crimes, Justice (Retd.) KSP RADHAKRISHNAN, Crimes Against Animals – Federation of Indian Animal Protection Organisations (fiapo.org)
  • ibid
  • ibid
  • ibid
  • The Prevention of Cruelty Act, 1960, 3, sec. 11
  • Proposed amendments to the Prevention of Cruelty to Animals Act: FIAPO seeks stricter penalties | India News – Times of India (indiatimes.com)

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