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
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.
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
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.
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.
Animal Right Issue
1) Cosmetic testing on animals:
Millions of animals are killed in barbaric
with cruel test and in the attempt to test the dangerous effect of consumer
products and the ingredients to measure toxic effects by this experimentation on
animals harms the innocent animals by the cruel or improper test. However, The
Central Government made cosmetic test on animal is banned but the import of
animal-tested product is still legal so there is need to control the sale or
import of animal.
2) Painful life of stray dogs after the procedure of birth control:
Central Government made laws for Animal Birth Control Rules, 2001 through the
medical procedure but the surgery done in improper manner or negligently by the
doctors. They pick animals and leave them in same place after cruel surgery and
no proper care whether that animals lives after that procedure or not.
3) The cruelty on elephant:
Use the elephant as entertainer in circus and
same as tourist purpose that is done for the gain of easy money.
4) Animals in entertainment & cage:
Animals are keeping in cage for the
purpose of gaining by the entertainment and treat them in cruel manner. Animals
are used for the purpose of sports as the case of JallikattuK. Muniasamythenar
v. Dy. Superintendent of police
, in which Jalli Kattu
sport was banned by the
Supreme Court in respect of Tamil Naidu Regulation of Jalli Kattu Act, 2009.
The Supreme Court banned the buffalo fight in Assam (Ahatguri palace) as it
prohibit all animal races and fight, to prevent infliction of unnecessary pain
and suffering to animals for the sake of entertainment.
The act of following and killing wild animals or birds as a
sport or food and 1.2 million animals have been killed by people in the name of
Trophy hunting that break down about70000 animals each year. Celebrity Salman
khan casein that he was accused of hunting and killing two blackbucks in
Rajasthan's Kankani while he was in the state for the shoot of film Hum Saath
6) Consumption of meat:
There is lots of consumption of meat every day. The
research says that 20% of Indian is actually vegetarian and as the NSSO data
says 6.4% of rural Indian eats mutton, 21.7% eat chicken, 26.5% fish while 29.2%
7) Beating or kicking:
Recently in Lucknow, the tigress beaten to death and
video make by villagers with ‘‘commentary’’
What Is The Reasonable Steps Can Be Taken:
# The person who encounters such cruel act against animal must take
# Role of police to lodge FIR under the Prevention of Cruelty t Animals Act,
# Make individual updated with rule and regulation regarding rights of
# Complaint to the local SPCA (Society for Prevention of Cruelty to
Recent Updates With Cases and News
# Uttarakhand HC declares ‘Entire Animal Kingdom As Legal Entity’ with
rights, duties & liabilities of A Living Person same as Punjab & Haryana HC
Declares Entire Animals Kingdom including Avian and Aquatic as Leg; Entities
with all right and duties of living person.
# The Delhi High Court states that there are no laws that prohibit
people from feeding stray animals but its criminal offence to feed poisonous
food and the Animal Welfare Board of India issues IDs for people who feed stray
# JNU to conduct certificates course in the field of animal welfare to
sensitize and train people in the ethics of treating animals.
# Centre proposes strict rules to regulate pet shops in India, among
other practices, the captures, housing, breeding and transportation of animal
sold in pet trade and owner of such shop must register themselves with the State
Animal Welfare Board.
Conclusion and Suggestion
As we can conclude that the laws are played vital role in the better
administration of justice for the rights of animals and there is duty of
individual to take stand against the animals cruelty as the animals are muted or
enable to raise their voice against cruelty but we as a human being should take
initiative part with government in improvement of better life for the animals.
There was case Bharat Amartlal Kothari v. Dosukhan Sindh
, the defendant caused
major cruelty against animal but fine with only Rs. 50.
The government should
impose large amount of fine so that people think twice before committing any
illegal activity against animal.
Secondly, today, everybody in the rush
especially youth drive car in rash and negligent manner which cause lots of
accident of animal. Recent research 70% accidents for animals are caused due to
rash and negligent driving.
Thirdly, there should be State Animal Welfare Boards
system in every state as there are many states where this kind of system still