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Author Topic: NON PECUNIARY DAMAGES - ANIMAL DEATH OR INJURY  (Read 625 times)

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Offline martin4160

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NON PECUNIARY DAMAGES - ANIMAL DEATH OR INJURY
« on: April 04, 2016, 11:12:25 AM »
Hi:

I am looking for information related to the non pecuniary damages awarded to the animal owner or possessors suffered for the wrongful death or injury of his pet. I am interested in case law, statute law or legal literature, and its purpose is to use the information in a doctoral research. Thank you.

Offline Advocate-ashoksen

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Re: NON PECUNIARY DAMAGES - ANIMAL DEATH OR INJURY
« Reply #1 on: December 25, 2016, 08:07:23 PM »
you have to look into foreign judgement on this regards and also check animal.

Apart from this you should also check these various acts and sections related To animal laws in India

# It is the fundamental duty of every citizen of India to have compassion for all living creatures. Article 51A(g)

# To kill or maim any animal, including stray animals, is a punishable offence. IPC Sections 428 and 429.

# Abandoning any animal for any reason can land you in prison for up to three months. Section 11(1)(i) and Section 11(1)(j), PCA Act, 1960.

# No animal (including chickens) can be slaughtered in any place other than a slaughterhouse. Sick or pregnant animals shall not be slaughtered. Rule 3, of Prevention of Cruelty to Animals, (Slaughterhouse) Rules, 2001 and Chapter 4, Food Safety and Standards Regulations, 2011.

# Stray dogs that have been operated for birth control cannot be captured or relocated by anybody including any authority. ABC Rules, 2001.

# Neglecting an animal by denying her sufficient food, water, shelter and exercise or by keeping him chained/confined for long hours is punishable by a fine or imprisonment of up to 3 months or both. Section 11(1)(h), PCA Act, 1960.

# Monkeys are protected under the Wildlife (Protection)Act, 1972 and cannot be displayed or owned.

# Bears, monkeys, tigers, panthers, lions and bulls are prohibited from being trained and used for entertainment purposes, either in circuses or streets. Section 22(ii), PCA Act, 1960.

# Animal sacrifice is illegal in every part of the country. Rule 3, Slaughterhouse Rules, 2001.

# Organizing of or participating in or inciting any animal fight is a cognizable offence. Section 11(1)(m)(ii) and Section 11(1)(n), PCA Act, 1960.

# Cosmetics tested on animals and the import of cosmetics tested on animals is banned. Rules 148-C and 135-B of Drugs & Cosmetics Rules, 1945.

# Teasing, feeding or disturbing the animals in a zoo and littering the zoo premises is an offence punishable by a fine of Rs. 25000 or imprisonment of up to three years or both. Section 38J, Wildlife (Protection) Act, 1972.

# Capturing, trapping, poisoning or baiting of any wild animal or even attempting to do so is punishable by law, with a fine of up to Rs. 25000 or imprisonment of up to seven years or both. Section 9, Wildlife (Protection) Act, 1972.

# Disturbing or destroying eggs or nests of birds and reptiles or chopping a tree having nests of such birds and reptiles or even attempting to do so constitutes to hunting and attracts a punishment of a fine of up to Rs. 25000, or imprisonment of up to seven years or both. Section 9, Wildlife (Protection) Act, 1972.

# Conveying or carrying animals whether in or upon any vehicle, in any manner or position which causes discomfort, pain or suffering is a punishable offence under two Central Acts. Section 11(1)(d) Prevention of Cruelty to Animals, (Transport of Animal) Rules, 2001 and Motor Vehicles Act 1978.
Advocate Ashok Sen Calcutta High Court

 

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