DOES LEGAL LAWS ASSURE THE SAFETY OF ANIMALS IN INDIA OR NOT?
Disha Dheeman, BA LLB(H), 3rd yr., Shri Ramswaroop Memorial University
We are the human being or can say civilized animal because we have sense of thinking, feeling, realization but animal do not have. Animal are the living organism having specialized sense organs and nervous system.
“Animal are such agreeable friends they ask no question, they pass no criticism”.
Animal is defined under sec 2(1) of the Prevention of Cruelty to Animals Act, 1960 that animal means any living creature other than a human being.
Sec 2(c) ‘Captive animals’ mean any animal, not being a domestic animal.
‘Domestic animals’ used to serve some purpose for the use of man.
Animal welfare means a relationship between animals and people where human being have a responsibility or duty to assure the animals that they are under care and treated humanely.
Interested in animals is not a modern phenomenon in today’s era. Animals care and protection has occurred from at least 10,000 years ago, in Neolithic age, which may be proved from the drawings of ancient animal cave.
There was a beneficiary arrangement set up between the people and animals that “if we will take care of the animals then they will take care of us”.
ANIMAL WELFARE PRINCIPLES AND POLICIES IN INDIA:
“Don’t treat animals as animals. Treat them as living beings. That’s what actually they are”.
India is a country having some good provisions for the animals in the world.
- Part 4A, Fundamental duty, Article 51A(g) of the Indian Constitution says that, to protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures.
- Under sec428 of the Indian Penal Code,1860 mentioned, the mischief by killing or maiming animal of the value of ten rupees.
- Sec429 of the Indian Penal Code,1860 says, Mischief by killing maiming cattle etc. of any value or any animal of the value of 50 rupees.
- Illegal to sacrifice animals except goat and sheep on Bakri-Eid under the Muslim law.
- Cosmetic test on animals is banned. Rules 135-B and 148-C of Drugs and Cosmetics Rules, 1945.
- ABC Rules, 2001 mention that Stray dogs that have operated for birth control cannot be captured by anybody including any authority.
- Rule 3 Slaughter house rules 2001, Animals sacrifice is illegal in every part of the country.
- Prevention of Cruelty to Animal Act,1960 also gives some provisions for the animals:
- Sec11(1)(d), conveys or carries, in or upon any vehicle or not, any animal in such a manner as to subject it to unnecessary suffering or pain.
- Sec 11(1)(j), wilfully permits any animal, of which he is the holder to go at large in any street while the animal is affected with transmissible or infectious disease or, without reasonable excuse permits any diseased or disabled animal, of which he is the holder, to die in any street.
- Sec11(1)(n), organises, keeps, uses or acts in the organization of, any place for animal fighting or for baiting any animal or allows or offers any place to be so used or receives money for the charge of any other person or to any place kept or used for any such purpose.
- As per to the of 11(1)(m)(ii) and sec. 11(1)(n), PCA Act, 1960, any organisation or participating in or inciting any animal fight is an offence of cognizable nature.
- Sec (11) (o), promotes or takes parts in any shooting competition of animals, he shall be punishable.
- Wildlife Protection Act, 1972 provides some provisions for animals with the objective of protecting the wildlife of the country. This Act was amended in the month of January, 2003 with the punishments and penalty for the offence under this Act. The main of this Act is to the enumerated endangered flora and fauna, ecology protected areas.
Sec. 9, Wildlife (protection) Act, 1972, disturbing or destroying nuts or eggs of birds and reptiles or even attempting to do so constitutes to hunting and attracts a punishment of Rs. 25000 or imprisonment up to 7 years or may be both.
Sec 38(j), Feeding, disturbing and testing the animals in Zoo is an offence which may be punishable by fine of Rs. 25000 or imprisonment up to 3 years or both.
Monkeys are also protected and cannot be displayed under the Wildlife (protection) Act,1972.
India passes new rules for the protection of animals
PETA India was involved in the public consultation process for the rules of animals and had provided useful comment to strengthen these protections.
The ministry of environment, has released some laws under the Prevention of Cruelty to Animals act, 1960 for regulating the Animal market, aquarium etc.
Some more points to be noted include:
- The prevention of cruelty to Animals (care and maintenance of case property animals) Rules,2017 includes that, “if any person pleads guilty then the magistrate shall deprive him of the ownership of animals and seized them to the pinjrapole, SPCA, Animal welfare organisation, gaushala having custody for proper or other disposition”.
- According to this new rule, aquarium and fish “pet” shop owners has to register first with the state animal welfare board of the particular state.
- Some various cruelties which commonly takes place at markets will no longer be allowed.
- This new rules unfortunately do not prevent the dairy industry from continuity to supply animals to beef industry.
“Keeping an animal is not a luxury, it’s a responsibility”. They also feel love the way we do even something more.
India is a country having great laws on animal’s protection but despite of having rules and laws there is an issue that can it provide the pet a comfortable living space similar to its nature habitat and most important thing, is there any scrutinize for the health check-ups and emergencies for such species? There should be Animal Welfare Education system for their protection and a set of guidelines and standards. In conclusion, for most people think “oh animal cruelty, it’s really very bad” but they don’t really know how bad it is. In this era, animal cruelty will still happen no matter how hard we try to stop it, so they would not do it but to change matter will get worse before it gets better. And punishments should be more enforced showing the people, “cruelty with animal is not a joke”.