In this article we will get to know that how human being is affecting
the animal’s life through his cruel action towards them. The animals do have the
special rights given by the Central Government that too provide many laws in
respect of it and focuses on the laws related this issue as well as new
developing laws.
There are focuses on many different issues with regard of
animal abuse which describe the real definition of animal abuse and also discuss
the real problem with the help of recent case laws and recent updates. This
Article also provides the necessary steps to reduce animal crime.
Introduction:
In the movement of the context of protecting the rights of animals
so many laws are framed by the Central Government. As we knew that the
protection of animals was begun with Ashoka period when he banned the killing of
animals in his kingdom.
There was ethos in respect of animals as the animals
have also feeling, sentiment, pain and right to live as a creature of god.
Cruelty to Animals means animal abuse that knowingly inflicted upon animals by
human beings for any gain.
As rightly said by Mahatma Gandhi that the greatness of nation & its moral
progress can be judged by the way its animals are treated.
Same as well Marc Bekoff said that although other animals may be different
from us but that doesn’t make them less than us.
In today’s generation no attention is paid to animals as the human beings are
busy with their rat race for earning money and easy money for that they are
targeting animals. The animals are mute spectators and enable to raise their
voice against cruelty. There is fundamental duty of every citizen of India to
have compassion for all living creatures under Article 51A (g) of Indian
Constitution. To kill any animal, including stray animals, is a punishable
offence under Section 428 & 429 of IPC as the Central government made so many
laws regarding it to curb the menace of cruelty and the government framed main
laws as Prevention of Cruelty to Animals Act,1960 & Wildlife Protection
Act,1972.
The prevention of cruelty to animals act is an act of the parliament of India
enacted in 1960 with object to prevent the infliction of unnecessary pain or
suffering on animals and this Act commenced on 1stApril 1974. However this act
does not include the prevention of offences related to killing any animals in a
manner required by the religion of any community. This act has so many features
like Central Act – enforce throughout the territory and it only applies to Captive and Domestic animals. Section 11(a) to (o) has enumerated different
from of cruelty to the animals. It’s illegal to kill homeless animals as there
are many laws which prohibit doing illegal activities towards animals.
As per
Section 11(1)(h), Prevention of cruelty to Animals Act, 1960 neglecting an
animal by denying her sufficient food, water, shelter and exercise or by keeping
him chained/ confined for long hours is punishable by fine or imprisonment of up
to 3 Months or both.
We see in our daily lives encounter overloaded donkeys, bullock carts on the
roads but we don’t bother about their pain as we only do care for the gain of
money through the animals. Many of the people even don’t know about the rights
of animals which are providing by the Central government and who so ever know
those laws is not initiated with government for protection of animal’s right.
Secondly we are treating animals as machine and commodities.
It is decided that
If any person beats, kicks, over-rides, over-drives or otherwise treats any
animals in such a way to cause unnecessary pain or suffering or being owner
permits such treatment can be prosecuted.
Section 3 of the act has laid down various duties of person to take care of an
animal and not to harm him or inflict injuries upon him. There are duty to
advise the central government on making of such rules that will prevent
unnecessary pain to the animals But particularly when they are being transported
from one place to another.
The board will take all the possible steps to
ameliorate the pitiable condition of the animals by providing sheds for animals
to live in and by providing veterinary assistance to them at any hour. To give
all kinds of assistance, including financial said to animal welfare
organizations, so that other such organizations are set up to work under the
supervision of the board.
The Animal Welfare Act, 2006 makes owner and keepers responsible for ensuring
that the welfare needs of their animals are met and it includes for a suitable
environment, for a suitable diet, to exhibit normal behavior patterns and to
protect from pain, injury, suffering and disease.
Protection under the Wildlife Protection Act, 1972: This act made for the
safeguard of animals interest. Section 50 defines that the person authorized by
the director , or the chief wildlife warden or any forest officer or any police
officer not below the rank of sub-inspector to arrest any person without warrant
and detain him, but the pre -requisite is that the officer should have
reasonable grounds and have reason to believe that such person committed such an
act which cause harm to animals and Section51(1) of the wildlife protection
act,1972 states that any person who contrives any provision of the act or any
rule or order made there under shall be guilty of offences against this act and
shall on conviction, be punishable with imprisonment for three years or fined
which may extend to twenty-five thousands or with both.
As per Rule 3 Slaughterhouse Rules, 2001 animals sacrifice is illegal in every
part of the country & chapter 4 Food Safety and standards Regulations 2011, no
animal can be slaughtered in any place other than a slaughtered house. Sick or
pregnant animals shall not be slaughtered.
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