ANIMAL RIGHTS AND RELATED LAWS IN INDIA : AN ANALYSIS - BY S.KAAVYA

INTRODUCTION

We all must understand that this planet is not exclusive for us humans, and that we must live in cohabitation with other living beings who are equally entitled to a peaceful life on this planet. While many animal lovers care and help these voiceless souls, it is an unfortunate fact that they get rebuked and chided by a big chunk of population who fail to understand that these voiceless animals are living beings who feel hunger and pain just as humans do, or sometimes even more. Regardless of one being an animal lover, or otherwise, it is imperative for every member of the society to be familiar with the Rights of these Animals and the Laws related to them.

ANIMAL PROTECTION UNDER THE CONSTITUTION

Animal rights are protected under the Constitution of India as follows:

1.Article 51A(G) makes it a fundamental duty upon every citizen of India to protect wildlife and have compassion for all living creatures

2. According to Article 48, the State has the duty to organize agriculture and animal husbandry on modern, scientific lines and to take steps for preserving and improving breeds, prohibiting slaughter of cows and calves and other milch and draught cattle.

3. Article 48A provides that the State also has a duty to protect, safeguard and improve the forests and wildlife of the country.

4. In List II (State List), Seventh Schedule, it is provided that the State has the power and authority to (14) preserve, protect and improve stock and prevent animal diseases, and enforce veterinary training and practice. In List III (Concurrent List), it is provided that both the Centre and the State have the power and authority to (17) Prevent cruelty to animals; (17B) Protect wild animals and birds.

5. Not only Constitution, but various other legislations have been put forth for the protection of the voiceless. The Indian Penal Code (1860), Prevention of Cruelty to Animals Act (1960), Wildlife Protection Act (1972, amended in 2003) are a few.

STRAY AND DOMESTIC ANIMALS

1. Feeding the strays: The Delhi High Court states that there are no laws that prohibit people from feeding stray animals. Feeding strays is both lawful and helpful since it makes it easy to confine them to one particular area that they belong to. This facilitates efficient birth control and annual vaccination.

2. It is a criminal offense to feed poisonous food to stray animals. A person who is caught doing so can be charged under Section 11 of the Prevention of Cruelty to Animals Act of 1960. Section 11 of the Prevention of Cruelty to Animals Act provides that if any person allows, or himself beats, kicks or tortures, in any way, any animal subjecting it to unnecessary pain and suffering will be liable to pay a fine of up to Rs.50. In case of repetition of the offence, the fine will increase or an imprisonment for 3 months will be granted.

3. Killing, maiming, poisoning or rendering useless of any animal is punishable by imprisonment for up to two years or with fine or with both, under Section 428 of the Indian Penal Code, 1860. Under Section 429 of the Code, the term is 5 years and is applicable when the cost of the animal is above Rs.50.

4. Abandoning any animal for any reason can land you in prison for up to three months. Section 11(1)(i) and Section 11(1)(j), PCA Act, 1960.

5. Stray dogs that have been operated for birth control cannot be captured or relocated by anybody including any authority. ABC Rules, 2001.

6. Neglecting an animal by denying him/her sufficient food, water, shelter and exercise or by keeping him chained/confined for long hours is punishable by a fine or imprisonment of up to 3 months or both. Section 11(1)(h), PCA Act, 1960.

WILD ANIMALS

1. Monkeys are protected under the Wildlife (Protection)Act, 1972 and cannot be displayed or owned.

2. Bears, monkeys, tigers, panthers, lions and bulls are prohibited from being trained and used for entertainment purposes, either in circuses or streets. Section 22(ii), PCA Act, 1960.

3. Teasing, feeding or disturbing the animals in a zoo and littering the zoo premises is an offence punishable by a fine of Rs. 25000 or imprisonment of up to three years or both. Section 38J, Wildlife (Protection) Act, 1972.

4. Capturing, trapping, poisoning or baiting of any wild animal or even attempting to do so is punishable by law, with a fine or imprisonment of up to seven years or both. Section 9, Wilsdlife (Protection) Act, 1972.

5.    Disturbing or destroying eggs or nests of birds and reptiles or chopping a tree having nests of such birds and reptiles or even attempting to do so constitutes to hunting and attracts a punishment of a fine, or imprisonment of up to seven years or both. Section 9, Wildlife (Protection) Act, 1972.

OTHER RULES

1. Animal sacrifice is illegal in every part of the country. Rule 3, Slaughterhouse Rules, 2001.

2. Organising of or participating in or inciting any animal fight is a cognizable  offence. Section 11(1)(m)(ii) and Section 11(1)(n), PCA Act, 1960.

3. Cosmetics tested on animals and the import of cosmetics tested on animals is banned. Rules 148-C and 135-B of Drugs & Cosmetics Rules, 1945.

4. Conveying or carrying animals whether in or upon any vehicle, in any manner or position which causes discomfort, pain or suffering is a punishable offence under two Central Acts. Section 11(1)(d) Prevention of Cruelty to Animals, (Transport of Animal) Rules, 2001 and Motor Vehicles Act 1978.

HOW CAN YOU TAKE ACTION

Now that we have a gist of the rights and the different laws that protect animals, let us look at how we can use them and make a formal complaint against violation of animal rights.

SENDING A LEGAL NOTICE

You can either send a legal notice to the individual/group of animal abusers yourself through a lawyer, or report the matter to an NGO which would do that for you. In case no action is being taken by the abuser even after sending the notice, you can file an official complaint.

GETTING A WILDLIFE CASE REGISTERED

An offence report is known by different names in different states, such as Preliminary Offence Report (POR), Offence Report, First Information Report (FIR), Seizure Intimation, etc. However, to make the reports uniform, it is advised that the report be called Wildlife Offence Report (WLOR). It is prepared under Section 50(4) of the Wild Life (Protection) Act, 1972. This can be filed by anyone generally. Though, to file a ‘complaint’, one needs to approach a magistrate and make an allegation orally or in writing. One can approach a forest officer, who can further file a complaint to the magistrate.

ARREST BY AN INDIVIDUAL

Offences under the Wildlife Protection Act are non-bailable and cognizable offences. Under Section 43 of the CrPC, an individual can arrest an offender who has committed a non-bailable and cognizable offence or is a habitual offender, and hand him/her over to the police.

CONCLUSION

As mentioned earlier in this article, our planet is for all living creatures alike, and it is not exclusive for us humans. Despite such extensive laws, people go free without punishment because bringing them to justice is a difficult task. Though there are laws penalising the cruelty against animals, the elephant in the room is whether these penalties are sufficient? Are the lives, happiness and peace of animals underrated? Please be the voice of these voiceless animals. You needn’t be an animal lover, but please refrain from harming or troubling animals in any way possible, because you have absolutely NO RIGHT to.