Laws on animal slaughtering
By: Vashvi Thankur| 5 july, 2023
Laws on animal slaughtering
By: Vashvi Thankur| 5 july, 2023
ABSTRACT-This article contains comprehensive information about animal rights, animal slaughter and laws related to them. It gives insight into the existing provisions of law related to animal slaughter, the reasons of animal slaughter and cruelty meted out to animals, the status of consumption of slaughtered animals and lacunas in the existing laws.
KEYWORDS-animals, slaughter , animal rights, laws, consumption, statistics, religious festivals
INTRODUCTION-The practice of animal slaughtering is very common in Asia region. In India since ancient times animal slaughtering has been practiced, and most of the times it has a religious connotations attached to it. To prevent unnecessary cruelty to animals, both state and central governments have passed various laws. Animals rightare a part of both State and concurrent list. India has one of the highest biodiversity and variety. Several exotic species like the Asiatic lion, Olive Ridley turtles, Kashmir stags, Sangai Deers etc. are found in India.
BODY-
Different types of cruelty meted out to animals
1)Mutilation
2)stabbing
3)Transport
4)neglect
5)unauthorized research
6)slaughter
Reasons for animal slaughter
1)consumption
2)religious festivals
3)due to surplus of livestock
4)unsuitability and old age
Different types of festivals where animals are slaughtered
1)Gadhimai Festival
2) Nem Thuong Pig-Slaughter Festival, Vietnam
3)oro de la Vega, Spain
4)Yulin Dog meat festival, China
Cattle slaughter in India
Article 48 of the Indian constitution states that ‘The State shall endeavor to organize agriculture and animal husbandry on modern and scientific lines and shall, in particular, take steps for preserving and improving the breeds, and prohibiting the slaughter, of cows and calves and other milch and draught cattle.’
Several states like Uttar Pradesh, Maharashtra, Haryana, Punjab, Rajasthan, Delhi, Gujarat.have enacted legislations banning and prohibiting cow slaughter. The state list states in its 15th and 16th entry that “Preservation, protection and improvement of stock and prevention of animal diseases; veterinary training and practice” and the “Ponds and the prevention of cattle trespass”.
SLAUGHTERING FOR CONSUMPTION STATISTICS-
1)Consumption of beef, veal, carabeef and water buffalo meat in India has increased since 2013 from 2.8 million metric tons in 2022.
2)Consumption of poultry meat has increased in India from 2872.5 thousand metric tons to 4253thousand metric tons.
3)Pork consumption has declined gradually from 354 thousand metric tons to 294 thousand metric tons.
EXISTING LAWS AND IMPORTANT JUDGEMENTS RELATED TO ANIMAL SLAUGHTER IN INDIA
A major law protecting animal rights is Prevention to cruelty to Animals act,1960 in India. Under this act Animal welfare board has been established in India. The main aim of the board is to implement animal welfare and prevent unauthorized killing of animals, especially during religious festivals. Section 11 of the act lays down punishment for animal cruelty and slaughtering animals in a cruel manner. Section 11(3)(e) however allows slaughtering of animals for consumption purpose.
The Prevention of Cruelty to Animals (Regulation of Livestock Market) Rules, 2017 were introduced by India's Ministry of Environment and Forests to ban the sale of cattle at animal markets and to ensure that cattle are used solely for farming uses and not for slaughter.
428 and 429 of the IPC provides for punishment of all acts of cruelty such as killing, poisoning, maiming or rendering useless of animals.
The Supreme Court ruled in the case of the Durgah Committee, Ajmer and Anr v. Syed Hussain Ali and Ors (1961) that religious behaviors based on superstitions that are superfluous or redundant cannot be protected under Article 25. Only those basic practices that are an inherent component of a religion can be protected. The Court stressed in Ramesh Sharma v. State of Himachal Pradesh (2018) that the Hindu ritual of animal sacrifice is based on superstitions and conventional beliefs and is not in tune with the contemporary legal situations.
In Karnail Singh v. State of Haryana (2019), the Court incorporated the animal kingdom into the concept of a legal person. The court orders that every person behave as a protector or "loco parentis" to safeguard the animals' wellbeing.
LACUNAE IN THE EXISTING LAWS:
1)lack of stringent implementation.
2)extremely less fine and imprisonment. The maximum fine is Rs 100 for treating animals cruelly or 3 months imprisonment or both.
WAY FORWARD
1)Develop scientific temper and reduce superstition
2)Lab grown meats and plant-based meats are good alternatives to cattle meat and can help preserve cattle population.
3)Stringent implementation of laws and increasing the term of punishments and amount of fine.
4)crackdown on illegal slaughter houses and illegal trade practices through regular supervisions.