The Laws

Laws for Animal Welfare

The constitution

  • Article 51-A (g) states - " It shall be duty of every citizen of India to protect & improve the natural environment including forests, lakes, rivers and wildlife and to have compassion for living creatures."

  • Article 48-A - "The State shall endeavor to protect & improve the environment and to safeguard the forests and wildlife of the country."

  • Article 19 deals with the fundamental rights of the citizen. So "Right to Protect the Environment” comes within Article 19.

  • Article 25, 26, 27, 28 provides religious freedom to all citizens and preserves the principle of secularism in India. According to the constitution, all religions are equal before the State. Citizens are free to preach, practice and propagate any religion of their choice in their own way. Feeding animals like dogs is a part of the same in many religions.

Animal Cruelty

  • Section 11 of the Prevention of Cruelty to Animals Act makes all animal cruelty a criminal offence. Fines and imprisonment are both provided for. The Indian Penal Code has similar provisions.

  • I.P.C. Section 428 and 429 provides severe punishment (up to 5 years imprisonment) to people resorting to dislocation, abduction and acts of cruelty towards community animals or pets.

  • Under Section 506 of the IPC, it's a crime to threaten abuse or harass neighbors who feed animals.

  • Delhi Police act 1968, sections 73 to 79, 99 gives special powers to police to take action when an animal offence has been committed.

  • Under Stray Dog Management Rules 2001, it's illegal for an individual, RWA or estate management to remove or relocate dogs. The dogs have to be sterilized and vaccinated and returned to the same area. Vaccinated and sterilized dogs cannot be removed by the municipality too.

  • Ministry of Public Grievances notification and a similar notification by Animal Welfare Board of India dated March 2008 provide immunity to animal feeders and restrict government employees or bodies such as Resident Welfare Associations from harassing people who try to feed or help animals.

  • The Environment (Protection) Act – 1986 and Wildlife (Protection) Act 1972 at various places protects the stray dogs against any kind of cruelty.

  • Directive of the Central Mumbai Consumer Disputes Redress Forum, given on 22/11/10 came down strongly against the housing societies who were charging a resident for use of lift since October 2008 for pets.

  • High Court of Delhi in 2011 passed an order asking the police to provide protection to dogs and dog feeders and has made it a punishable offence in case anyone restricts, prohibits or causes inconvenience to any person feeding a street dog or resorts to removal dislocation or killing of a dog.

  • The Supreme Court of India in 2009 gave a similar stay order against removal culling or dislocation of a dog anywhere in India.

The Animal Birth Control (Dog) Rules, 2001

  • Enacted under the Prevention of Cruelty to Animals Act, provide for sterilization and vaccination as a means of stabilizing/reducing stray dog populations and eliminating the risk of rabies; and prohibits relocation of stray dogs, i.e. throwing, or driving them out of one area, into another. An order passed by the Supreme Court of India in this regard, which prohibits removal, dislocation or killing of even nuisance dogs.