Written by- Shruti Pandey
INTRODUCTION
Animal protection and welfare have gained significant recognition and importance in recent years. In India, a country known for its rich biodiversity and reverence for animals, various laws and regulations are in place to safeguard the rights and well-being of animals. This Blog aims to provide an in-depth analysis of animal protection laws in India, exploring their historical development, provisions, and their effectiveness in addressing the challenges faced by animals. By examining the legal landscape, enforcement mechanisms, and recent developments in the field, this research paper seeks to contribute to the understanding of animal protection in India and provide recommendations for future enhancements.
HISTORICAL PERSPECTIVE REGARDING ANIMAL PROTECTION IN INDIA
India has a rich cultural heritage that emphasizes compassion and reverence for all living beings. The historical perspective regarding animal protection in India can be traced back to ancient times when the concepts of ahimsa (non-violence) and reverence for all creatures were deeply ingrained in the cultural and religious fabric of the society.
In ancient Indian texts such as the Vedas, Upanishads, and various religious scriptures, the notion of non-violence towards animals and the importance of treating them with kindness and respect were prominent. These texts emphasized the interconnectedness of all life forms and advocated for the welfare of animals. Jainism, Buddhism, and Hinduism played pivotal roles in shaping these ethical principles.
Jainism, with its strong emphasis on non-violence and compassion, has long been a champion of animal welfare. The Jain philosophy of “ahimsa” extends to all sentient beings, emphasizing the avoidance of harm and violence towards animals. Jains have historically been at the forefront of animal protection movements, advocating for vegetarianism, promoting animal sanctuaries, and practicing non-violence towards animals.
Buddhism, another influential religion in India, also places great importance on the welfare of animals. The first precept of Buddhism, which encourages practitioners to abstain from taking the life of any living being, demonstrates its commitment to non-violence. Buddhist teachings emphasize compassion, empathy, and the avoidance of harm toward all living creatures.
Hinduism, the largest religion in India, has a diverse array of beliefs and practices regarding animal protection. The concept of “ahimsa” is deeply embedded in Hindu philosophy, and many Hindus practice vegetarianism as a means to avoid causing harm to animals. Hindu mythology is filled with stories that depict animals as revered beings and highlight the importance of their well-being.
The historical perspective on animal protection in India reflects a deep-rooted cultural and religious ethos that values the welfare of all living beings. From ancient texts to the modern legal framework, India has showcased a commitment to compassion and reverence for animals. However, challenges remain in effectively implementing and enforcing these laws, addressing traditional practices that may pose risks to animal welfare, and promoting widespread awareness and education regarding animal rights and welfare.
CRUELTY AGAINST ANIMALS IN INDIA
Researchers utilize animals in laboratory settings to carry out investigations, experiments, and studies pertaining to diverse biological issues. Animals serve as subjects to evaluate the safety and efficacy of novel medications, treatment approaches, and surgical procedures before they are employed for human use. Unfortunately, this practice entails subjecting animals to distress, pain, and sometimes even death solely for human benefit. Despite the potential success of these research endeavors in advancing human knowledge, it is important to acknowledge that such practices infringe upon the fundamental right to life of animals. Moreover, animals are also employed to assess the quality and safety of various consumer products including food, drugs, cosmetics, and similar items.
Despite being prohibited by law in India, dogfighting remains prevalent and widespread. This cruel activity involves training dogs to fight, solely for the entertainment of spectators and financial profit. Dogfighting occurs in both rural and urban regions and typically results in one dog being declared the victor while the other sustains severe injuries or even death. Additionally, apart from dogfighting, there are various other forms of animal fights and races, such as cockfighting and bullfighting.
In the case of AWBI v. A Nagaraja (2014), the Supreme Court ruled that bulls are suffering tremendous pain and stress during bull races like Jallikattu. Therefore, the contention made by the Indian Animal Welfare Board that Jallikattu is against the Prevention of Cruelty to Animals Act, 1960 was accepted by the court and Jallikattu was made illegal together with another animal fighting. However, as a result of the protests, the Tamil Nadu government later passed an Ordinance that permitted Jallikattu and its other forms in many parts of Tamil Nadu.
Within the realm of genetic engineering, animals are deliberately bred solely to fulfill human requirements, being treated as mere possessions rather than sentient beings. These animals are denied the basic right to life. The genetic alteration of animals primarily serves human interests, disregarding the value of their lives. Furthermore, in addition to potentially exhibiting enhanced productivity, transgenic animals face an increased susceptibility to contracting infectious diseases.
While circuses are marketed as sources of amusement, the truth behind the scenes reveals a grim reality of animal abuse and cruelty. Frequently, circus animals are compelled to engage in hazardous acts, enduring beatings, and severe mistreatment. For instance, tigers, despite their natural aversion to fire, are coerced into jumping through flaming hoops. Elephants, the largest land animals, are compelled to ride bicycles, and even sloth bears are forced to perform dances.
LAWS IN FORCE FOR THE PROTECTION OF ANIMAL RIGHTS IN INDIA
THE CONSTITUTION OF INDIA
In accordance with Article 51-A(g) of the Indian Constitution, it is incumbent upon each and every citizen to uphold and augment the natural milieu, encompassing but not limited to woodlands, water bodies, watercourses, and biodiversity, while also manifesting benevolence towards all sentient beings.
Furthermore, stipulated within Article 48A of the Indian Constitution, the State is entrusted with the responsibility of undertaking endeavors to safeguard and ameliorate the environment, alongside ensuring the preservation of the nation’s sylvan expanses and its diverse wildlife.
These constitutional tenets were incorporated via the 42nd Amendment in 1976. It is noteworthy, however, that while one provision concerns fundamental duties and the other pertains to Directive Principles of State Policy (DPSP), their direct justiciability before Indian courts remains limited. Nevertheless, they provide a cornerstone for the formulation of legal frameworks, policies, and governmental instructions pertaining to animal welfare, both at the Central and state levels. Additionally, it merits acknowledgment that through an expansive judicial interpretation, these provisions could potentially be encompassed within the purview of Article 21 of the Indian Constitution, thereby rendering them justiciable and enforceable.
INDIAN PENAL CODE OF 1860
The Indian Penal Code (IPC) addresses acts of cruelty towards animals through various sections, prominently among them being Sections 428 and 429. These provisions establish criminal liability for actions such as killing or inflicting harm upon animals. The consequences for such transgressions encompass both incarceration and monetary penalties.
As delineated in Section 428 of the Indian Penal Code, an individual deliberately engaging in the act of killing, poisoning, injuring, or rendering any animal or animals with a value of ten rupees or more devoid of utility, can be subject to either a term of simple or rigorous imprisonment, extending to a maximum of two years, a monetary fine, or a combination of both penalties.
Likewise, Section 429 of the Indian Penal Code prescribes that any person who intentionally causes the demise, poisoning, maiming, or renders any animal or animals with a value of fifty rupees or more (inclusive of all bovine creatures and draught animals) ineffective, may be liable to a period of simple or rigorous imprisonment, spanning up to five years, in addition to a pecuniary fine, or a commingling of both sanctions.
THE WILDLIFE PROTECTION ACT OF 1972
In regards to wildlife, the Wildlife Protection Act of 1972 prohibits harm to any wild animal or trees as stated in Section 39. This act extends its protection to various animal categories, including amphibians, birds, reptiles, mammals, and their offspring. Additionally, the act covers the eggs of birds and reptiles. Exceptions are made for animals classified as “vermin” under Section V, which includes small wild animals such as rats that pose threats to plants, and food, and spread diseases. Each state maintains its own list of non-human animals considered vermin.
Penalties for offenses under this act include imprisonment for up to three years, a fine of twenty-five thousand rupees, or both for the guilty party. In cases of repeat offenses, the term of imprisonment extends to seven years, accompanied by a fine of ten thousand rupees.
THE PREVENTION OF CRUELTY TO ANIMALS ACT OF 1960
Section 11(a) to (o) of the Prevention of Cruelty to Animals Act of 1960 delineates a comprehensive articulation of what constitutes cruelty towards animals. This catalogue encompasses an array of actions, inclusive of maltreatment towards one’s personal companion animals, barbaric methods of slaughter, harsh transportation procedures, and substandard living conditions, even in cases involving animals intended for eventual slaughter. The statute also addresses the practices of tail docking and ear docking.
Under the aegis of the Prevention of Cruelty to Animals Act of 1960, as well as the regulations promulgated pursuant to Section 38 of the aforementioned legislation, stray dogs enjoy protective provisions. Violators may incur fines amounting to fifty rupees for their initial transgressions. In instances of repeated violations, the fine is subject to a minimum of twenty-five rupees but may escalate to a maximum of one hundred rupees, with the potential for a concurrent imposition of imprisonment, not exceeding a three-month duration.
Instances of illicit killing or cruelty towards animals necessitate immediate reporting to the local police station, accompanied by the initiation of a First Information Report (F.I.R.) against the alleged perpetrator. Should the afflicted animal be categorized as a non-“vermin” wild creature under state classification, or if the actions in question involve unlawful or inhumane behavior towards animals classified as “vermin,” recourse should be sought within the framework provided by the Wildlife Protection Act of 1972 and the Prevention of Cruelty to Animals Act of 1960.
RECOMMENDATIONS TO STRENGTHEN ANIMAL PROTECTION LAWS IN INDIA
By implementing these recommendations, India can further strengthen its animal protection laws and create a society that values and respects the welfare of all sentient beings. It requires a multi-faceted approach involving legislative changes, enforcement mechanisms, public education, and collaboration between various stakeholders to ensure comprehensive animal protection and welfare.
CONCLUSION
Animal rights in India have emerged as an important issue, reflecting the nation’s growing concern for animal welfare. The country has made significant strides in enacting provisions to protect animals and ensure their well-being. The Constitution of India recognizes the importance of animal welfare and the prevention of cruelty to animals. Additionally, the government has implemented various laws, such as the Prevention of Cruelty to Animals Act, Wildlife Protection Act, and the recently amended Animal Welfare Act, to safeguard animals from abuse and exploitation.
These provisions encompass a wide range of areas, including the prevention of animal cruelty, protection of wildlife, regulation of animal testing, and the prohibition of animal slaughter for religious purposes. The establishment of the Animal Welfare Board of India and the Central Zoo Authority further signifies the government’s commitment to enforcing animal rights and overseeing the welfare of animals in various settings.
India’s efforts to protect animal rights have also extended to specific animal species, with several initiatives aimed at conserving endangered species like tigers, elephants, and rhinoceros. The government has implemented conservation programs, created protected areas, and increased penalties for wildlife offenses to ensure the survival and well-being of these animals.
While progress has been made, challenges remain, such as raising awareness, enforcing existing laws, and addressing cultural practices that pose a threat to animal rights. However, with the continued dedication of animal rights activists, governmental agencies, and the Indian population as a whole, the protection of animal rights in India is steadily improving. It is crucial to foster a society that recognizes the inherent value of animals and embraces their rights to live free from unnecessary harm and exploitation. Through collective efforts and ongoing advocacy, India can continue to build a compassionate and inclusive society that respects and protects the rights of all living beings.
