Author- Ujjawal Mudgal
University- ICFAI University
Abstract:
India is the seventh largest country in the world; it is home to so many various kind and species of the animals. India has very big biodiversity area. This region contains four biodiversity hotspots. In India some animals are worshiped as God and get the special treatment from the community. In Hindu religion people respect every kind of animals and do not hurt them and also it is good deed to give animals foods and shelter, in ancient scripts all animals are somehow connected with some god and animals are part of the existence of the god and they are not severable. But in some parts of the India animals are getting used as the offering to the gods, they get killed on the name of the god. There are many parts and cultures in India who prefer eating various kind of animals and the birds and reptiles. There are many organizations which speak in the favor of the animal welfare and the right of the animals.
Apart from the usual food chain animals are also treated with the cruelty without any reasons. There are many incidents when the animals get beaten up to the death by some people including dogs, cows, mules, monkeys and so many other species of the animals who get to killed for the satisfaction of the human being. There are other kinds of cruelty to the animals, animals usually get sexually abused by some man on the street, the female gods get raped by man in the road, the cow get raped by a man and even a reptile is get raped by a man. There are many heinous crimes against the animals which are happening on the daily in India. But there is no strict law to prevent the animal from the abuse, constitution says it duty of every person of India to protect the natural habitat including the animals but there is not any strict law for the same.
To The Point:
Strict rules are much needed in the India for the animal cruelty and the heinous crimes against the animal on the daily basis in the India, current laws do not provide the surety to the animals for their safety and security while they are roaming around on the street and providing the free services to the human beings. There is restriction on the feeding of the dogs in some societies and also there are several places where does are not given the shelters and get abused if the enter the society area. On the festivals animals get abused on the name of Holiday. On Eid many animals get killed on the name of offering to the Allah and In Holi the colors are thrown on the animals just of the fun and the animals are not able to recover from the damages. In some area the firecrackers are placed in the mouth of the animals and the blast cause the sever damages to the animal and then they die eventually, there are the heinous crime beyond killing the animals for the food. Animals get treated as the props for the fun and left injured on the road because they are speechless and not able to speak for themselves.
There are laws in India but the penalty is so less that no one is afraid of the punishment. There is no fear of the retribution in the mind of the criminals. Animals are the part of the society and the important for the sustainability of the human being. Yet some of the humans are so inhuman that they do not even think twice before doing heinous crimes against the animals.
Use of Legal Jargon:
Indian Constitution provides in the directive principals, in Article 48 that the state has the duty to organize agriculture and animal husbandry on modern and scientific lines, and to take steps for preserving and improving breeds, particularly prohibiting the slaughter of cows, calves, and other milch and draught cattle. And the Article 51(A)g stated about 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.
The Prevention of Cruelty to Animals (PCA) Act, 1960, this is the primary legislation which penalises the varieties of animal abuses such as beating, overloading, torturing, abandoning any animal as well as denting the basic substance to the animals. In this the punishment of the offence is from minimum Rs. 10 to maximum Rs 100 and 3 months of imprisonment or both.
Bhartiya Nyaya Sanhita 2023, as per the statute maliciously killing, slaughtering, poising or permanently maiming animals is a criminal offence. In this the fine is given is only Rs. 10 and the maximum punishment is up to 2 years or both.
If any person is any cruelty with any animal, then that person can file the FIR in the police station for the abuse of the animals against the person doing it and also inform the organisations which works for the welfare of the animals and give treatment to the animals after rescuing them.
The Proof:
Proof of the animal abuse we usually see on the social media platform many videos surface online where are animals are getting abused. Recently actress made a video regarding the killing of a stray dog by beating by the people of residential society. At this time when the Kedarnath Yatra is going in the Himalaya there are many videos surface online posted by the pilgrims that the mules are treated with the cruelty, they are getting tortured by carrying heavy passengers of the steep mountain and not providing the enough food and water and left dead on the way and just thrown from the mountain when they are not useful to their owners.
There are many PIL’s in the courts for the welfare of the animals is proof that there are many cases of the animal cruelty and people are noticing every day that some animal is getting killed or tortured by the human being for their own satisfaction.
The conditions of animal’s shelter in India a very poor there are many animals who are rescued by the organisation and getting treated for the injuries which is caused by some accident or the crime against the animals. They do not have enough sources to treat the animals and they do not have support from the state or the people for the welfare of the animals they often seen requested for the donations for the treatment of the animals.
Case Laws:
- Animal Welfare Board of India v. Nagaraja & others.
In this the court has decided that the bull cart race which is part of the tradition of a community in India harm the rights of the animals and it the abuse to the animal under the prevention to cruelty to animals Act, 1960. The Acts which were allowing these kinds of races in the Tamil Nadu and the Maharashtra are called unconstitutional and declared void by the Supreme Court.
- Kennel Club of India vs. Union of India (2013)
This case highlighted the issues relating to the cosmetic surgeries of the dog and the breeding’s of the dogs for the commercial purposes. The court ultimately reinforced the statutory power of animal welfare bodies to regulate unnecessary cosmetic procedures on animals. The judgment underscored that non-therapeutic tail docking and ear cropping inflict unnecessary pain and suffering, classifying them as acts of cruelty and mutilation under The Prevention of Cruelty to Animals (PCA) Act 1960.
- Gauri Maulekhi vs. Union of India (2010)
This case was regarding the illegal transportation of the animals from India to Nepal for the Gadhimai festival in which so many animals get slaughtered on the name of the festival. This is one of the biggest animal slaughtering festivals happens in every 5 years in Nepal. In this the court said that the transportation is not valid and also the Act does not allow to slaughtering for animals for the satisfaction of the human and as for the offering to the god. This is against the law and does not allow.
- People for Ethical Treatment of Animals vs. Union of India (2004)
This case is regarding the using of animals in the animals in their plots, most of times real animals are used for the stunt and other acting puposes. It should be governed by the Performing Animals (Registation) Rule, 2001. The authority who is using the animal should get the permission from the Animal Welfare Board of India after their permission the animal can be used in the movie and No objection certificate should be provided to the Censor Board of India.
PIL’s
On 31.03.2023 Justice D.Y. Chandarchud and Justice PS Narsimbha dismissed a PIL stating to give the equal rights to animals as the humans and declared them the legal entities as the human.
Conclusion:
Animals are the part of society and it’s our responsibility to give them the safety and security what they deserve; we should take care of the animals as much as we can. There is need to strengthen the animal laws in India to give the punishment to the wrongdoer and there should be fear in their mind before doing any crime. Government should promote the animal safety and responsibilities of humans toward the animals. As there are some laws which are specific for the cruelty against the animals but they are not enough there should be more fine and punishment to the accused and also provide the treatment and other facilities to the victim animal who is suffering because of the person and undergoing the treatments or other procedures.
FAQ’S
- Q1. Which the specific law against the cruelty of the animal?
Ans- The Prevention of Cruelty to Animals (PCA) Act, 1960. In this there are many provisions stating the various types of abuse against the animals.
- Q2. What is the punishment for the animal Cruelty?
Ans- In PCA 1960 the punishment of the offence is from minimum Rs. 10 to maximum Rs 100 and 3 months of imprisonment or both, IN BSA 2023 the fine is given is only Rs. 10 and the maximum punishment is up to 2 years or both.
