ANIMAL CRUELTY AND LAWS FOR PROTECTION OF ANIMAL RIGHTS

INTRODUCTION

In our present reality, the issue of animal cruelty poses as a serios issue demanding immediate response and redressal. The term incorporates within itself a spectrum of maltreatment, ranging from neglect to intentional abuse or harm (physical, emotional, or sexual) inflicted to the animal.[1] To combat this grim reality and in turn foster the ideal of kindness and compassion, the concept of animal rights have developed and emerged throughout the globe. Legislations working on to establish and uphold these rights not only help deter the commission of inhumane practices towards animals, but also instill in humans the sense of responsibility and encouragement to carry out a harmonious co-existence with the other creatures with whom it inhabits the planet.

These rights further strive to act as a framework to structure the morality of a community by underlining the intrinsic value of animals and well as their right to humane treatment; on a brighter note, it can also be said to echo the societal sentiments regarding the issue since laws often are made and amended in consideration of the general public view on the said topic.

1. ARE THERE ANY LAWS PEOTECTING ANIMALS IN INDIA ?

In this article we will be looking at the various laws and legislations in India, the primary concern of which are to protect and safeguard animals from cruelty.

1.1 The Indian Constitution

Article 51-A (g) dealing with the Fundamental duties holds that, every citizen of the country must strive to protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures.[2] This fundamental duty is further strengthened by the Directive Principle of State Policy under Article 48A that stipulates that the State shall work to protect and improve the environment and to safeguard the forests and wildlife of the country.[3]

While it is true that they are not directly enforceable under law, provisions such as these become a framework for future legislations, policies as well as state directives to be in furtherance of the aim of animal protection at Central and State levels.[4]

1.2 The Indian Penal Code

The Indian Penal Code exists as a comprehensive legal framework that incorporates within itself a wide spectrum of provisions working on to protect the society it governs. The society in question includes animals in addition to its human inhabitants, which is why we see some provisions specifically concerning punishments in case of violation to the national aim of protecting and safeguarding animals, further emphasizing the need to prevent cruelty towards them.

i) Section 428 and 429

These provisions in the IPC concerns the offence of committing mischief against animals. They cover the circumstances of any individual intentionally engaging in killing, poisoning, maiming or rendering any animal useless, by holding that such an act would lead them to be criminally charged under law.

The only difference is that for someone to be held liable under Section 428, the animal should have to be valued at ten rupees or more; consequently, punishment under this section includes imprisonment for a term which might extend to two years or a fine, or a combination of both.[5] On the other hand, Section 429 deals with cases where the animal is valued at fifty rupees or more, including but not limited to animals such as elephant, camel, horse, mule, buffalo, bull, cow or ox; the punishment here, unlike the previous section may extend to an imprisonment for five years, in addition to fine or a combination of both.[6]

The aim of these section, we can observe is to deter cruelty towards animals by putting in stringent punishments against their violation.

ii) Section 377

This provision of the IPC addresses the act of engaging in unnatural carnal intercourse; it holds that if anyone voluntarily has carnal intercourse against the order of nature with any man, woman or animal, then they are liable to be criminally charged and punished with imprisonment for life or a term which may extend up to ten year, in addition to a fine.[7]

Although the section doesnt explicitly mention bestiality, it covers the concept by using the term animal; the aim of this provision hence is to deter and penalize acts of sexual misconduct against animals.

1.3 The Prevention of Cruelty to Animals Act of 1960

The Prevention of Cruelty to Animals Act of 1960 serves as the primary legislation in India that deals with the prevention of unnecessary pain or suffering inflicted on animals.[8] Some of the crucial elements of the Act include,

i) In accordance with Chapter II of the Act, the Government of India established the Animal Welfare Board of India (AWBI) advise the government on various aspects of animals welfare

ii) Section 11 of the Act enumerates the different variants of what could be considered as cruelty to animals, which includes but is not limited to beating or torturing the animal, administering injurious drugs into the body of an animal, neglecting basic needs of the animal, abandoning it without any reasonable cause, etc.

iii) The Act covers experiments on animals, performing animals as well as recognizes the existence of the various practices of killing animals in the manner required by the religion of any community

iv) It states that violation of any provision of the Act would incur fines, imprisonment or both.

v) Lastly, it mentions that government has the power to forfeit or seize or destroy the animal.

1.4 Wildlife Protection Act, 1972

The Wildlife Protection Act of 1972 is a comprehensive legal framework aimed at safeguarding the various species of wild flora and fauna found in the country. In addition to protecting the animals and plants, it concerns itself with the management of their habitats as well as the regulation and control of trade of them and the products made from them.[9]

The act also has schedules of plants and animals that are afforded varying degrees of protection and monitoring by the government. An example would be endangered species like the snow leopard, black buck, Himalayan bear or the Asiatic Cheetah covered by the First Schedule, the hunting of which is prohibited throughout India, except under threat to human life or in case of a disease that is beyond recovery; a violable of this schedule would lead a person to be liable for the harshest of penalties under the Act.

1.5 Cosmetics Rules, 2020

The Ministry of Health and Family Welfare adopted the revised Cosmetics Rules, 2020 as a consequence of suggestions provided by PETA India.[10] These rules work towards establishing a regulatory for the development, production, distribution, and importation of cosmetic items.

We can observe the aim of animal protection by carried out by these rules with the existence of clauses that prohibit the importing of cosmetics subjected to animal testing into the country; infact, in 2014, India became the first country in Southasia to outlaw both animal testing of cosmetics (and the components used in them) as well as the import of such products that test on animals.[11]

2. IMPORTANT JUDICIAL DECISIONS

In addition to various laws working on the safeguarding of animals and the prevention of cruelty against them, there have also been various cases in front of the varied levels of the Indian judiciary, the judgements of which stand as precedent to the strive for a better future for animals.

2.1 Animal Welfare Board of India v. Nagaraja and Others[12]

Jallikattu was a kind of bull taming event in the state of Tamil Nadu often during the course of which many participants had to succumb to their death and the bulls had to endure varied forms of abuse and neglect.

This case was brought forth by the Animal Welfare Board of India (AWBI) against the father of a deceased participant. The respondent (the father) had contended Jallikattu had a historical significance and futhur, that the event in itself was organised in regulation to the Tamil Nadu Jallikattu Regulation (TNJ) Act of 2009. However, in response, the Board had claimed that even if Jallikattu adhered to the TNJ Act, which specifies numerous requirements that one had to comply with to organize the event, it would still violate the Prevention of Cruelty to Animals (PCA) Act of 1960 because it entailed inflicting the bull pain.[13]

The Supreme Court, in this case, ruled in favour of the Board, outlawing the practice of Jallikattu as well as directing the parliament to elevate the rights of animals and prevent them from being subject to infliction of unnecessary pain or suffering.

2.2 State of Gujarat v. Mirzapur Moti Kureshi Kassab Jamat and Ors[14]

In this case, the petition challenged the amendments in Section 5 of the Bombay Animal Preservation Act, which was applicable to Gujarat. The amendments in question had extended the ban on slaughtering bulls and bullocks to include all, regardless of age; this is in contrast to the original section which only banned the slaughter of bulls and bullocks under the age of 16.

The petitioner had challenged the amendment by contending that olderanimals (bulls and bullocks over the age of 16) become economically unbeneficial and hence should be allowed to be slaughtered. The court however, in consideration of the predominantly agricultural economy of Gujarat, had emphasized the significant and critical need to preserve and protect agricultural animals; as such, it had upheld the total ban, stating that it aligns with the constitutional principals as well as the policies aimed at the economic well-being of the nation.

CONCLUSION

The enactment of these animal protection laws, while does signify a societys evolving consciousness and dedication to address the ever-impending issue of animal cruelty, fails to bring about the realisation that mere legislations can bring no effect if its implementation is lacklustre and if the people it governs have no want to bring about a positive change in society.

As such, along with strong laws, there is also the need to make people aware about the mistreatment suffered by animals through the global. In order to actually make a difference, the government needs to know how to sway peoples emotions; they need to appeal to the empathy of people for these animals as well direct the fear of punishment in case of cruelty towards animals.

REFERENCES

1. Animal Abuse Definition, Types Examples, India, available at: https://study.com/learn/lesson/what-is-animal-abuse-stats-facts.html (last visited on December 29, 2023).

2. The Constitution of India, art. 51(A).

3. The Constitution of India, art. 48 (A).

4. Overview of Animal Laws in India, India, available at: https://www.animallaw.info/article/overview-animal-laws-india (last visited on December 29, 2023).

5. The Indian Penal Code, 1860 (Act 45 of 1860), s. 428.

6. The Indian Penal Code, 1860 (Act 45 of 1860), s. 429.

7. The Indian Penal Code, 1860 (Act 45 of 1860), s. 377.

8. Supra note 4.

9. Wildlife Protection Act, 1972, India, available at: https://drishtiias.com/daily-updates/daily-news-analysis/wildlife-protection-act-1972#:~:text=About%3A,and%20products%20made%20from%20them (last visited on December 29, 2023).

10. Protection of Animals: Important Laws in India, India, available at: https://clearias.com/protection-of-animals/#:~:text=The%20Prevention%20of%20Cruelty%20to%20Animals%20Act%20of%201960,-The%20Prevention%20oftext=It%20was%20passed%20by%20the,pain%20or%20suffering%20on%20animals (last visited on December 29, 2023).

11. India bans import of cosmetics tested on animals, India, available at: https://timesofindia.indiatimes.com/india/india-bans-import-of-cosmetics-tested-on-animals/articleshow/44814398.cms (last visited on December 29, 2023).

12. (2014) 7 SCC 547

13. India Court Case Animal Welfare Board Of India V. A. Nagaraja Ors., India, available at: https://ecojurisprudence.org/initiatives/animal-welfare-board-of-india-v-a-nagaraja-ors/ (last visited on December 29, 2023).

14. (2005) 8 SCC 534