Embedded Files
The Prevention of Cruelty to Animals Act, 1960 prohibits any person from inflicting, causing, or if it is the owner, permitting, unnecessary pain or suffering to be inflicted on any animal. The Act makes it a crime to beat, kick, torture, mutilate, administer an injurious substance, or cruelly kill an animal.
India’s performance was average in Animal Protection Index 2020 but the scores imply that India’s animal welfare laws at present are quite weaker as compared to other nations and the inefficiency of the current legal provisions is the reason behind the rising incidents of animal abuse in the country.
The Prevention of Cruelty to Animal Act, 1960: a glance
The Prevention of Cruelty to Animal Act, 1960 is one of the most comprehensive laws on the subject of animal welfare in India. It is an Act of the Parliament passed on 26 December 1960 with a vision to prevent cruelties on animals.
The main objective of the Act is:
The Act prevents unnecessary pain or suffering on animals.
The Act enshrines provisions for establishing the Animal Welfare Board of India, its powers, functions, constitution, and term of the office of members of the Board.
The Act enshrines the guidelines regarding the experimentation on animals for scientific purposes and empowers a committee to make rules with regards to such experiments.
The Act restricts the exhibition and training of performing animals. Both the terms ‘exhibit’ and ‘train’ are separately defined under Section 21 of the Act.
Various forms of cruelty and their punishment
The PCA Act, 1960 provisions empower law enforcement agencies, animal welfare workers, and citizens who care for animals to take action against the culprits. As far as animal welfare laws are concerned, all acts of cruelty are covered under Section 11 of the Act. Section 11 of the PCA Act, 1960 deals with various forms of cruelties and atrocities perpetrated on both, domesticated and wild animals. This section has 16 sub-sections dealing with the different forms of cruelty, under which a person is liable for a fine of ten rupees, which may extend to fifty rupees. Whereas, in the subsequent offence, i.e. the offence committed within three years of the previous offence, shall be punishable with three months imprisonment and a minimum fine of twenty-five rupees which may extend up to one hundred rupees.
The categories of offences under Section 11 are as follows:
SECTION 11(1)(a): Causing pain, suffering, or injury to an animal.
Any person treating an animal which results in unnecessary pain, suffering, and injury to that animal. It includes acts like beating, kicking, overriding, overdriving, overloading, and torturing the animal as an offence.
SECTION 11(1)(b): Employing any unfit animal for work or labour.
Any person taking work from or has employed a sick, infirm, or wounded animal is an offence. A complaint can be filed against anyone who uses an animal suffering from any disease, infirmity, wound, or other causes which render the animal unfit for any kind of work or labour.
SECTION 11(1)(c): Administering any injurious drug or substance.
It is illegal to willfully and unreasonably administer any injurious drug or substance to any domestic or captive animal. This section also prohibits forcing an animal to take such drugs and substances. For example, using Oxytocin injection by dairymen on cows or buffaloes to increase milk production is illegal unless taken under the proper prescription of a veterinary doctor.
SECTION 11(1)(d): Carrying or transporting animals in a cruel manner.
This section forbids carrying or transporting any animal in such a manner as to subject them to pain and suffering. It applies to the transportation of animals through vehicles or walking them on foot. As per the rules mentioned under the PCA Act 1960, a lorry can carry up to six adult cattle, and a goods wagon cannot carry more than ten cattle.
SECTION 11(1)(e): Housing an animal in a place that hampers free movement.
Keeping or confining any animal in any cage or enclosure of insufficient size failing to permit the animal a reasonable opportunity for movement is an offence.
SECTION 11(1)(f): Restricting animal’s movement by using heavy chain or chord.
This section made it illegal to keep any animal chained, tethered for an unreasonable time.
SECTION 11(1)(g): Habitually chaining up of a pet dog by an owner.
If a pet or a dog owner does not exercise their pet dog or is habitually chaining up or keeping a dog in close confinement is an offence. For example, all dog owners are legally bound to take their companion dogs on a daily 30-minute walk in Germany.
SECTION 11(1)(h): Sufficient food, drink, or shelter.
It is the responsibility of the owner of any animal to provide sufficient food, drink, and shelter.
SECTION 11(1)(i): Abandoning an animal.
If a person abandons any animal, which renders that animal to suffer pain either due to starvation or thirst is an offence.
SECTION 11(1)(j): Allowing a sick/injured animal to go at large in the streets.
Suppose a person permits any animal to go at large or roam freely in the streets while that animal suffers from any contagious or infectious disease. This section also forbids a person to abandon any diseased or disabled animal to die in the streets.
SECTION 11(1)(k): Selling any animal suffering from pain.
Selling or possessing any animal suffering pain due to mutilation, starvation, thirst, overcrowding or other ill-treatment is an offence.
SECTION 11(1)(l): Mutilate or kill any animal.
This section made those activities punishable which includes mutilation or killing of any animal including stray dogs by using the method such as strychnine injections, or any cruel practices.
SECTION 11(1)(m): Animal used for entertainment purposes.
Using an animal solely for entertainment is an offence under this section. This section strictly forbids confining any animal, including tying an animal as bait in a tiger or wildlife century, to make that animal an object of prey. It completely restricts provoking any animal to fight or bait any other animal simply for entertainment purposes.
SECTION 11(1)(n): Organising or managing a place for conducting animal fights.
A person shall be held guilty for selling the land or premises for conducting animal fights. This section also prohibits a person from organising animal fights and collecting money from spectators as entry fees.
SECTION 11(1)(o): Promoting or participating in a shooting competition.
This section prohibits any kind of promotion or participation in a shooting competition that involves animals. There are some activities where animals are released from captivity for such shootings.
Most of the offences committed under Section 11 are non-cognizable, which means the offender can be arrested only after obtaining an arrest warrant from the Judicial officer. However, offences committed under Section 11 sub-section 1 clause (l), (n), (o) are classified as cognizable offences (under Section 31 of the Act), and police can arrest a culprit without any warrant. The violation of Section 12 is also a cognizable offence, which forbids activities like ‘doom dev’ or ‘phooka’ performed upon any cow or milch animal to improve lactation. It contains an imprisonment term for a maximum of two years, with a fine which may extend up to one thousand rupees.
How to file a complaint?
It is the responsibility of every citizen to protect animal rights. Any person who witnessed the cruelty against an animal can report the matter to a local police station or SPCA (Society for the Prevention of Cruelty to Animals) and seek their help in enforcing the law for punishing the offender. If the police are unresponsive, then a complainant can reach a nearby NGO like PETA (People for the Ethical Treatment of Animals), and they will assist to take a stand against animal cruelty.
Animal cruelty complaints can be directly reported to:
Local police station.
SPCA (Society for the Prevention of Cruelty to Animals).
Senior Government officials at the State or District Animal Welfare Board.
Area MLA.
A person can file an FIR against the culprit and provide police with a concise written statement and photograph of the situation (if available). A culprit can be charged under Sections 428 and 429 of the IPC, both are regarded as cognizable and bailable offences.
Section 428: Whoever commits mischief by killing, poisoning, maiming, or rendering useless any animal of the value of ten rupees or upwards shall be punishable with imprisonment of a maximum of two years with fine, or with both.
Section 429: Whoever commits mischief by killing, poisoning, maiming, or rendering useless any animal of the value of fifty rupees or upwards shall be punishable with imprisonment of a term which may extend up to five years, or with fine, or both.
Both the above provisions defined under Chapter XVII of the IPC apply only to animals with any monetary value (be it above ten rupees or fifty rupees as mentioned under Section 428 and 429). These provisions hardly attract a crime committed on stray animals because they are not household pets and do not hold any monetary value. Therefore, if any cruelty happens to a stray animal, it is very tough to apply these provisions because that animal is not purchased from a pet shop and hence does not carry a monetary value nor can be classified as someone’s property.
Offences and penalties
Section 11(2) of the PCA Act, 1960 makes it obligatory for animal owners to exercise due care and supervision to prevent cruelty against animals owned by them. If they failed to follow these obligations, they shall be held guilty.
Inflicting any form of cruelty on animals is an offence under section 11 of the Act. The commission of the first offence has a maximum fine of fifty rupees per animal. In the case of subsequent offence within three years is punishable for a fine of a maximum of one hundred rupees and three months of imprisonment or both. The court can order for the forfeiture of an animal subjected to cruelty, and after that, the animal is considered government property. The court can also prohibit the convicted person from having custody of any animal. This ban can be permanent or either for a fixed period and decided by the court.
Restrictions by the Indian Government to secure animal rights
There are several provisions under the PCA Act, 1960 which provide complete protection to animals against any form of cruelty but are mostly considered outdated, with low penalties. Their lack of implementation has led to an increase in the number of animal cruelty cases. The definition of cruelty is vaguely defined in India’s animal protection laws.
The writ petition of Sankalp Santosh Golatkar v. Union of India & Ors (2020) was filed in the Supreme Court to modify the penal provisions of the Prevention of Cruelty to Animals Act, 1960. This petition states that over 24,000 cases of cruelty to animals have been registered under the Act from 2012 to 2015. The petitioner has also mentioned the illegal consumption of dog meat that is mostly followed in northeast states. According to the data provided in the petition, every year around 30,000 stray and stolen dogs are brutally killed for their meat in northeastern states like Mizoram and Nagaland.
Currently, several legislations are working to keep a check on brutal treatment against animals. The Government of India has taken measurable steps to ensure better treatment of animals. In 2017, the Central Government banned various forms of entertainment using wild animals and restricted the use of animals in circuses. India became the first South Asian country to ban the use of cosmetic products on animals in 2013 and subsequently banned the import of cosmetic products tested on animals in 2014. India made impressive progress in protecting animals used in scientific research and approved them to use only under certain conditions as per Section 14 of the PCA Act.
In India, it is the fundamental duty of every citizen to have compassion for all living creatures. The Indian Constitution recognises animal rights under Article 51(A)(g) and Article 48(A), that mandate every Indian citizen to show compassion towards animals and wildlife.
Article 48A: The state shall endeavour to protect and improve the environment and safeguard the wildlife.
Article 51(A)(g): To protect and improve the natural environment, including forests, lakes, rivers, and wildlife, and to have compassion for living creatures.
Legislations regarding animal welfare in India
The Prevention of Cruelty to Animals Act, 1960
With the adoption of the PCA Act, India became one of the first countries to enact a comprehensive law against animal cruelty. The Act defines the term ‘Animals’ as all species of animals (except human beings). However, the term cruelty has not been precisely defined under the Act, but roughly it means the infliction of unnecessary pain and suffering. This Act provides for the constitution of a committee to look after the various aspects of experimentation on animals, i.e. to supervise and control their use of experimentation so that animals can be saved from the sufferance of avoidable pains.
The Wildlife Protection Act, 1972
The Wildlife Protection Act, 1972 is a hallmark in the history of wildlife protection in India. This Act came into force on 9 September 1972 and consists of 60 sections and VI schedules- divided into eight chapters. The term ‘wildlife’ is defined under Section 2(37) as ‘Any animal, aquatic or land vegetation which forms part of any habitat’. The Act was implemented to ensure the protection of India’s wildlife (both territorial and aquatic) and their habitats.
As per Section 62 of the Act, States can send a list of wild animals to the Centre requesting to declare them vermin for selective slaughter. This Act empowers the Central Government to declare any wild animal (other than those specified in Schedule I and Part 11 of Schedule H) to be vermin for any area for a given period.
While the Act ensures the protection of wildlife animals, unfortunately, animals do not enjoy specific protections under the Act.
The Prevention of Cruelty to Animals Act, 1960, authored by acclaimed dancer and animal lover, Rukmini Devi Arundale, is an Act of the Parliament of India enacted in 1960 to prevent the infliction of unnecessary pain or suffering on animals and to amend the laws relating to the prevention of cruelty to animals.
A writ petition under Article 32 has been filed to bring attention in the rising instances of brutal animal cruelty and a dire need to amend and modify the provisions related to the punishment and penalties under the Prevention of Cruelty to Animals Act, 1960.
https://www.livelaw.in/pdf_upload/pdf_upload-379106.pdf
Rukmini Devi Arundale (Neelakanta Shastri 29 February 1904 – 24 February 1986) was an Indian theosophist, dancer and choreographer of the Indian classical dance form of Bharatanatyam, and an activist for animal welfare.
She was the first woman in Indian history to be nominated as a member to the Rajya Sabha the upper house of the Parliament of India. The most important revivalist of Bharatanatyam from its original 'sadhir' style prevalent amongst the temple dancers, the Devadasis, she also worked for the re-establishment of traditional Indian arts and crafts.
She espoused the cause of Bharata Natyam which was considered a vulgar art. She 'sanitised' and removed the inherent eroticism of Sadhir to make it palatable to Victorian British morality and Indian upper-caste elites.
Rukmini Devi features in India Today's list of '100 People Who Shaped India'. She was awarded the Padma Bhushan in 1956, and the Sangeet Natak Akademi Fellowship in 1967.
Page updated
Google Sites
Report abuse