Author: Shruti Vinayak Khedekar (Sinhgad Law College)
We as a human being has always taken nature and natural things for granted and one of them are animals People frequently forget that when animals are subjected to the same degree of abuse, torture, and brutality, experience the same suffering and emotions as human beings do. For financial gain and according convenience and other ingrained customs, innumerable goats, cows ,dogs, cats, monkeys, and other creatures are sacrificed in the name of God, buried, they are beaten, I’ll treated , starved, given drugs etc. across the nation everyday. It is imperative that we consider whether we have the authority to imprison and injure other sentient beings.
Animal protection is guaranteed by the Indian Constitution as a basic obligation. A number of laws pertaining to animal welfare have also been passed, including the Wildlife Protection Act of 1972 and the Prevention of Cruelty to Animals Act of 1960 at the federal level and laws prohibiting the slaughter of cows and protecting cattle at the state levels .
Laws for protection of animals in India
1)The Constitution of India
The Directive Principles of State Policy- Part IV- Article 48 and 48A-
Article 48 The Indian Constitution’s Article 48 mandates that the State work to organize agriculture and animal husbandry along contemporary, scientific lines. It specifically outlines the State’s plans to preserve and enhance breeds and forbid the slaughter of cows, calves, and other milch and draught cattle.
Article 48A
The State will work to preserve and enhance the nation’s woods and animals as well as to protect the environment. The 42nd Amendment of 1976 adds this article, which requires the State to safeguard the environment and animals.
Article 51-A(g) It is the “duty of every citizen of India to protect and improve the natural environment, including forests, lakes, rivers, and wildlife, and to have compassion for all living creatures,” according to Article 51-A(g) of the Indian Constitution, which is titled “Directive Principle of State Policy.”
2) Penal Code of India 1860
Section 428:
Mischief involving the death, poisoning, maiming, or devaluation of any animal valued at ten rupees or more is punishable by up to two years in prison, a fine, or both.
Section 429:
Mischief involving the death, poisoning, maiming, or devaluation of any animal or animals valued at fifty rupees or more is punishable by up to five years in prison, a fine, or both.
3)1960 Act to Prevent Cruelty to Animals
Under the Prevention of Cruelty to Animals Act, 1960, the Ministry of Environment, Forests, and Climate Change has published four new Gazette notices to control dog breeders, animal marketplaces, and operators of aquariums and “pet” fish stores. Through their combined efforts, animal protection organizations like PETA India have made success. During the public consultation phase for these regulations, PETA India participated and offered insightful feedback to improve protection
Act of 1960 to Prevent Cruelty to Animals
According to Section 11 of the Act, the following have been defined as instances of cruelty:
•Tormenting, overriding, overloading, beating, kicking, or otherwise inflicting needless pain or suffering on any animal.
•Using a creature that is ill or unsuitable for the job.
•Giving any harmful medicine or material to an animal.
•Carrying any animal in a way or position that results in needless suffering while driving.
•The practice of confining an animal in a cage with little room for movement.
•Tying an animal up for an extended length of time.
•Being the owner, you are stifling the animal’s freedom to go about.
•Failing to give the animal enough food, water, or shelter while being the owner.
•Any animal that is abandoned without a good reason is likely to suffer from malnutrition and dehydration.
•Giving an owned animal away to the streets or allowing it to pass away from illness, old age, or incapacity is a deliberate act.
•Offering for sale an animal that has been mistreated and is in distress due to malnutrition, mutilation, overcrowding, or some other cause.
•Using the technique of injecting strychnine into the heart, or any other needlessly cruel approach, to mutilate or kill any animal, especially stray animals.
Other Laws in India that Protect Animals
The Prevention of Cruelty to Animals (Slaughter House) Rules, 2001: No person has the right to slaughter any animal in a municipal area unless it is in a slaughterhouse that is recognized or licensed by the authority in power under the law. This rule forbids the slaughtering of animals in the nation except in houses that are recognized or licensed. No pregnant animal may be put to death. has children who are younger than three months old. is not older than three months. is not a veterinarian’s certified fit candidate for slaughter. The maximum number of animals that can be killed in a day will be decided by the municipal or other local authority designated by the Central Government, taking into account the population of the area where the slaughterhouse is located
Rule 148-C of The Drugs and Cosmetics Rules 1945 forbids the testing of cosmetics on any animals. No one is permitted to utilize animals in cosmetics testing. Section 38J of the Wild Life (Protection) Act, 1972 stipulates that taunting, feeding, or upsetting zoo animals, as well as littering the premises, are punishable by up to three years in prison, a fine of Rs. twenty-five thousand, or both. Every animal listed in Schedules I, II, III, and IV is prohibited from being hunted under the Wild Life (Protection) Act of 1972. Animal killing that falls under Schedule I carries a seven-year jail sentence and a twenty-five thousand rupee fine
Indian landmark cases pertaining to animal rights
- State of Bihar (1989) vs Murad Ali Baig 1989-
Sections of the Wildlife Protection Act of 1972 are relevant to this case. It addressed whether the Wildlife Protection Act’s requirements and the Indian Penal Code’s provisions allowed for the hunting of elephants. Section 2(16) of the Wildlife Protection Act of 1972 defines the term “hunting.” The Supreme Court ruled that it is reasonable to conclude that hunting elephants is forbidden because these animals are included in Schedule I’s scope and list of animals. - State of Arunachal Pradesh v. Tilak Bahadur Rai (1979)
The tiger was killed by a defendant by shot of gun .The accused’s surroundings, potential threats, and the circumstances surrounding the animal’s death must all be taken into account by the court while determining whether or not the accused killed the wild animal in good faith. The accused shot the tiger that charged at him in good faith and to defend himself, the court declared after giving it careful thought
Animals laws are crucial in places where animals are exploited such as:
•Circuses
•Zoos
•Slaughter House
•Experimentation on animals
•Illegal Transportation of Animals
# In summary
We hear of new incidences of animal cruelty every day, despite the fact that changes are being made to better safeguard animals in India. This is because efforts to recognize animals’ rights have proven ineffective, and effective measures to safeguard these animals’ fundamental rights have proven impossible to implement. Strict rules that specify harsh penalties and don’t allow for any room for leniency should be implemented in order to safeguard the animals.
