CRUELTY TO ANIMALS IN LAWS

 

CRUELTY TO ANIMALS IN LAWS

 

Hitting or hurting any animal is illegal under the Prevention of cruelty to animals ACT 1960.

Killing or injuring any animal is a cognizable offence under Section 428 and 429 Indian Penal Code. Threatening or abusing for feeding animals is tantamount to criminal intimidation under Section 504 of the Indian Penal Code.

THE PREVENTION OF CRUELTY TO ANIMAL ACT 1960

The Prevention of Cruelty to Animal Act, 1960 is one of the most comprehensive laws on the subject of animal welfare in India. It is an Act of The main the Parliament passed on 26 December 1960 with a vision to prevent the Act is: cruelties on animals.

objective of

1.    The Act prevents unnecessary pain or suffering on animals.

The Act enshrines provision The Prevention of Cruelty to Animal Act, 1960 is one of the most comprehensive laws on the subject of animal welfare in India. It is an Act of the Parliament passed on 26 December 1960 with a vision to prevent cruelties on animals.

The main objective of the Act is:

1.    The Act prevents unnecessary pain or suffering on animals.

2.    The Act enshrines provisions for establishing the Animal Welfare Board of India, its powers, functions, constitution, and term of the office of members of the Board. 

3.    The Act enshrines the guidelines regarding the experimentation on animals for scientific purposes and empowers a committee to make rules with regards to such experiments.

 Various forms of cruelty and their punishment

The PCA Act, 1960 provisions empower law enforcement agencies, animal welfare workers, and citizens who care for animals to take action against the culprits. As far as animal welfare laws are concerned, all acts of cruelty are covered under Section 11 of the Act. Section 11 of the PCA Act, 1960 deals with various forms of cruelties and atrocities perpetrated on both, domesticated and wild animals. This section has 16 sub-sections dealing with the different forms of cruelty, under which a person is liable for a fine of ten rupees, which may extend to fifty rupees. Whereas, in the subsequent offence, i.e. the offence committed within three years of the previous offense, shall be punishable with three months imprisonment and a minimum fine of twenty-five rupees which may extend up to one hundred rupees offence, shall be punishable with three months imprisonment and a minimum fine of twenty-five rupees which may extend up to one hundred rupees.

The categories of offences under Section 11 are as follows:

SECTION 11(1)(a): Causing pain, suffering, or injury to an animal.

SECTION 11(1)(b): Employing any unfit animal for work or labour

SECTION 11(1)(c): Administering any injurious drug or substance

SECTION 11(1)(d): Carrying or transporting animals in a cruel manner.

SECTION 11(1)(e): Housing an animal in a place that hampers free movement.

SECTION 11(1)(f): Restricting animal’s movement by using heavy chain or chord.

SECTION 11(1)(g): Habitually chaining up of a pet dog by an owner.

SECTION 11(1)(h): Sufficient food, drink, or shelter.

SECTION 11(1)(i): Abandoning an animal.

SECTION 11(1)(j): Allowing a sick/injured animal to go at large in the streets.

SECTION 11(1)(k): Selling any animal suffering from pain.

SECTION 11(1)(l): Mutilate or kill any animal.

SECTION 11(1)(m): Animal used for entertainment purposes.

SECTION 11(1)(n): Organising or managing a place for conducting animal fights.

SECTION 11(1)(o): Promoting or participating in a shooting competition.

 

Most of the offenses committed under Section 11 are non-cognizable, which means the offender can be arrested only after obtaining an arrest warrant from the Judicial officer. Most of the offenses committed under Section 11 are non-cognizable, which means the offender can be arrested only after obtaining an arrest warrant from the Judicial officer.

 

How to file a complaint?

It is the responsibility of every citizen to protect animal rights. Any person who witnessed the cruelty against an animal can report the matter to a local police station or SPCA (Society for the Prevention of Cruelty to Animals) and seek their help in enforcing the law for punishing the offender. If the police are unresponsive, then a complainant can reach a nearby NGO like PETA (People for the Ethical Treatment of Animals), and they will assist to take a stand against animal cruelty. 

Animal cruelty complaints can be directly reported to:

1.    Local police station.

2.    SPCA (Society for the Prevention of Cruelty to Animals). 

3.    Senior Government officials at the State or District Animal Welfare Board.

4.    Area MLA.

A person can file an FIR against the culprit and provide police with a concise written statement and photograph of the situation (if available). A culprit can be charged under Sections 428 and 429 of the IPC, both are regarded as cognizable and bailable offenses.

Conclusion

The Prevention of Cruelty to Animals Act, 1960, is archaic and fails to safeguard animals because the current penalties are too weak to deter people from abusing animals. Animals used in scientific research are exempted from cruelty considerations. There is a lack of regulations regarding the rearing of farm animals, such as unregulated urban dairy systems which are growing rapidly with poor welfare standards.

Currently, India needs stronger animal-protection laws to prevent cruelties because a measly maximum fine of only fifty or one hundred rupees was inserted into the law more than a half-century ago and it desperately needs to be improved with the current times