Vaquill is a legal publication house that simplifies legal information and publishes content in multiple Indian languages.

What languages does Vaquill publish in?

Vaquill publishes content in English, Hindi, Marathi, Tamil, Telugu, and Bangla.

Understanding Animal Cruelty Laws in India

The protection and welfare of animals is important in maintaining harmony because animals are considered as family in Indian society. as animals for centuries. One of the primary laws addressing animal cruelty is the Prevention of Cruelty to Animals Act, 1960.

This law aims to prevent unnecessary pain and suffering to animals and promotes their well-being. This article will talk about rights and duties assigned to pet owners, mechanisms to report cruelty, the role of Animal Welfare Boards, and penalties for violations.

Prevention of Cruelty to Animals Act, 1960

The Prevention of Cruelty to Animals Act, 1960 was enacted to prevent the suffering and pains of animals. This Act forms the base for India's animal protection laws, governing various aspects related to animal cruelty.

Key Sections of the Act:

Duties of persons in charge of animals: Every individual who is responsible for an animal must ensure that it does not go through any unnecessary pain. (section 3)
Cruelty: Cruelty includes acts like beating, overloading, abandonment, and other actions that cause unnecessary pain. (section 11)
Penalties: Talks about the penalties for violating the provisions related to cruelty against animals. (section 20)

Rights and Duties of Pet Owners

Pet owners play an important role in the well-being of animals under their care. The law mandates that:

Pet owners are responsible for ensuring that their pets are given adequate food, shelter, and medical care. Under Section 3, owners are required to take reasonable actions to ensure the well-being of animals in their care.
Owners are prohibited from leaving their pets when the animals may suffer from starvation or thirst. (Section 11).
Owners should not do anything where their pets may suffer an injury or suffering. For this case, Section 11(b) prohibits the use of animals unfit for labour or suffering from illness.

If owners neglect their duties or inflict harm on their pets, they can be charged under the Prevention of Cruelty to Animals Act, 1960.

Reporting Animal Cruelty

In India, reporting animal cruelty is a moral and legal responsibility. If anyone witness any act of cruelty towards animals, multiple ways can be taken to solve this problem:

Filing an FIR: Anyone can lodge a First Information Report (FIR) at the nearest police station against animal cruelty by mentioning relevant provisions of the Prevention of Cruelty to Animals Act.
Complaints to Animal Welfare Organisations: People can also approach animal welfare organisations such as the Animal Welfare Board of India (AWBI) or local non-government organisations (NGOs), which can play a crucial role to solve this issue.

Role of Animal Welfare Boards

The Animal Welfare Board of India (AWBI) is set up under Chapter II of the Prevention of Cruelty to Animals Act. This body plays a significant role in enforcing and promoting animal welfare in India. Its responsibilities include:

Advising the government on animal welfare policies.
Ensuring the laws are being complied to prevent cruelty against animals.
Promoting education and awareness regarding animal welfare among the public.
Encouraging the formation of shelters like Gao Shalas (cow shed) for suffering animals specially for elderly or injured animals.

Penalties for Animal Abuse

The Prevention of Cruelty to Animals Act, 1960 lays down the penalties for various forms of animal cruelty. These penalties include:

Section 11(1): For a first-time offence, the violator may be fined between ₹10 and ₹50. Repeat offenders can be fined with ₹25 to ₹100 or imprisonment for up to three months.
Section 12: Engaging in practices like phooka or doom dev (harmful methods to increase milk production in cows) can lead to a fine of up to ₹1,000 or imprisonment for up to two years, with taking away the animal from the owner.
Section 26: Unregistered training or show of performing animals can lead to a fine up to ₹500 or imprisonment for three months.

Specific Provisions for Certain Animals and Practices

The Act contains specific provisions for various classes of animals and practices that might involve cruelty:

Performing Animals: Chapter V talks about the treatment of performing animals. It prohibits a few animals to be not used for performances unless they are registered under the Act. Also, Section 24 empowers courts to prohibit the show or training of animals in the cases of cruelty.
Experimentation on Animals: Chapter IV addresses animal experimentation. This chapter ensures that animals are not used as subjects which causes them unnecessary pain during scientific experiments. The Committee for Control and Supervision of Experiments on Animals (CCSEA) looks upon such practices.

Conclusion

The Prevention of Cruelty to Animals Act, 1960 can be considered as a critical piece of legislation in India to deal with animal cruelty. It gives responsibilities to pet owners, regulates the treatment of performing animals, and provides penalties for violations.

However, the Act also needs to cover some of the broader issues like education on animal rights and more strict penalties for offences to effectively prevent animal cruelty. Therefore, the importance of awareness and enforcement is key in resolving the problem.

Frequently Asked Questions (FAQs)

1. Can I keep wild animals as pets in India?

No, keeping wild animals as pets is illegal under the Wildlife Protection Act, 1972, which is separate from the Prevention of Cruelty to Animals Act. Wild animals are protected, and if anyone found keeping them without permission may face penalties.

2. Is there any law specifically for stray animals in India?

Stray animals are covered under the Prevention of Cruelty to Animals Act, 1960. It is illegal to harm, abuse, or abandon stray animals. Section 11 stops any cruel treatment towards them. Specific rules like the Animal Birth Control (Dogs) Rules, 2001 regulate the management and humane treatment of stray dogs.

References

Prevention of Cruelty to Animals Act, 1960

Written by Chandra Kant Singh

Aspiring lawyer with a passion for justice and a strong foundation in organisation, communication, and problem-solving skills. Currently pursuing a B.A.LL.B. (Hons.) degree at RMLNLU, where I am actively involved in moot court and NegMed competitions. Eager to leverage my skills and academic background to contribute to a dynamic legal environment and make a positive impact on society.