Laws On Animal Welfare

Key Takeaways

• The British adopted the India Prevention of Cruelty to Animals Act, 1890, which forbade animal cruelty and established some animal-related regulations and provisions.
• The Prevention of Cruelty to Animals Act, 1960 was enacted to ensure that the animals are treated without cruelty. The central idea behind the Act's enactment is dignity.
• The Delhi Police Act, 1968 gives special powers to the police to take action when an animal offense commits under the Prevention of Cruelty to Animals Act, 1960.
• The Punjab and Haryana High Court recognized all animals as legal entities. They held, that the citizens of Haryana as persons in Loco Parentis (in place of a parent) to the animals.
• The Austrian Federal Animal Protection Act also recognizes the responsibilities of a man towards his fellow creatures.
• World Organisation for Animal Health aims to collect, and disseminate information, about animal diseases around the world.
• Animals have the right to be treated with compassion, respect, and dignity. They are sentient beings with intrinsic worth.

Introduction

Animals are divine beings in ancient Indian culture. India has been renowned as a land where animals are not only respected but also worshipped. Hindu mythology worships cows, tigers, lions, elephants, horses, snakes, etc. Various guidelines for animal protection, can be found in India's ancient religious teachings. People show their devotion to deities and the animals linked with them at temples, yet the animals are subject to violence in circuses.

They perform various roles such as agricultural and transportation purposes in the rural areas, pets as companions, circuses for entertainment, etc. Animals also have a significant role in the Indian diet. Humans have been dependent on domestic animals since the beginning of time. Therefore, the law must protect these animals. In India, there are some provisions in the Constitution as well as statutes relating to animal protection.

Laws in India on Animal Welfare

Before 1890, there were no Municipal Laws that addressed animal nutrition. The British adopted the India Prevention of Cruelty to Animals Act, 1890, which forbade animal cruelty and established some animal-related regulations and provisions. The Act protected animals from any pain or suffering inflicted on them. After Independence, the legislature enacted various animal welfare laws to ensure that nonhuman beings, too, have a dignified life.

A. Prevention of Cruelty to Animals Act, 1960 (PCA Act)

After Independence, Rukmini Devi introduced a private Bill, “Prevention of Cruelty to Animals Bill, 1953”. Although that bill did not pass, it had backing from then-Prime Minister Late Jawahar Lal Nehru. The Government appointed a committee to investigate the issues highlighted.

The Prevention of Cruelty to Animals Act, 1960 was enacted to ensure that the animals are treated without cruelty. The central idea behind the Act's enactment is dignity. It indicates that humans are only dignified when animals are treated humanely. The key to the enactment of the law is the status of the animal to human beings. Section 4 of the PCA Act established the Animal Welfare Board of India (AWBI). It can make Rules for preventing animals from any harm or injury

B. The Constitution of India

Article 48A of the Indian Constitution states that the state must protect and make all endeavours to safeguard the forests and wildlife.

Article 21 lays down the Right to Life. It states that no person shall be deprived of his life or personal liberty. The article not only protects the life of human beings but also protects the life of animals.

Article 51A (g) imposes a duty on every citizen to protect and improve the natural environment.

Article 246 r/w Seventh Schedule, gives the power to the Parliament and the Legislatures of states to make laws for the prevention of cruelty to animals and the protection of wild animals and birds.

Article 243W r/w Twelfth Schedule provides provisions for the Municipalities to make laws for cattle pounds and the prevention of cruelty to animals.

C. The Delhi Police Act, 1968

The Delhi Police Act, 1968 gives special powers to the police to take action when an animal offence is committed under the Prevention of Cruelty to Animals Act, 1960. If a police officer has reasonable grounds to suspect the occurrence of an offence, he may bring the animal to the Metropolitan Magistrate. If the animal is injured, he may take the animal to an infirmary, followed by an appearance before the Magistrate within three days.

D. Indian Penal Code, 1860

Section 428- Whoever commits mischief by killing or maiming animals of the value of Ten Rupees or upwards is punishable.

Section 429- Whoever commits mischief by killing or maiming cattle of any value is punishable.

Case Laws

1. Animal Welfare Board of India v. A. Nagaraja

In 2011, the Ministry of Environment and Forests banned Jallikattu (an event in which a bull is released into a crowd of people). However, the practice continued under certain conditions of the Tamil Nadu Regulation of Jallikattu Act (2007). AWBI petitioned to ban due to concerns of animal cruelty and public safety. The Supreme Court upheld the enforcement of the ban on Jallikattu. The court held that Article 51A (g) of the Indian Constitution is the “Magna Carta of Animal Rights”.

2. Animal Welfare Board of India v. People For Elimination of Stray,

The Supreme Court held that all municipal corporations, local bodies, etc. must seriously consider the PCA Act and the Animal Birth Control Rules. It is the responsibility of the AWBI to check upon that. It also decided that it is the Municipal Corporation's responsibility to provide the necessary infrastructure to create a balance between compassion for dogs and human lives.

3. People for Animals v. Md Mohazzim

The Court observed that the birds have a fundamental right to fly. They cannot be caged and will have to be set free in the sky.

4. Karnail Singh v. the State of Haryana

The Punjab and Haryana High Court recognized all animals as legal entities. They held, that the citizens of Haryana as persons in Loco Parentis (in place of a parent) to the animals.

International Laws on Animal Welfare

1. Germany

The Constitution of Germany guarantees the protection of animals by way of an Amendment in 2002. The words “and the animals” were added to the Constitution that obliges “State” to respect “animal dignity”. Article 3 provides far-reaching protections to animals including, protecting animals from any animal fights and other activities which may result in pain, suffering, and harm to the animals. Therefore, the dignity of the animals is recognized constitutionally in Germany.

2. United Kingdom

The Animals Welfare Act of 2006 in the United Kingdom also protects the animals from pain and suffering. The Austrian Federal Animal Protection Act also recognizes the responsibilities of a man towards his fellow creatures. The subject "Federal Act" attempts to safeguard the lives and well-being of animals.

3. World Organisation for Animal Health

It is an intergovernmental organization, which aims to collect, and disseminate information, about animal diseases around the world. It also develops health standards to safeguard international trade in animals and their products. In 1924, World Organisation for Animal Health was established, as the Office International des Epizooties (OIE). The organization recognizes five freedoms for animals, which are:

1. Freedom from hunger, thirst, and malnutrition;
2. Freedom from fear and distress;
3. Freedom from physical and thermal discomfort;
4. Freedom from pain, injury, and disease; and
5. Freedom to express normal patterns of behavior.

Conclusion

Animals have the right to be treated with compassion, respect, and dignity. They are sentient beings with intrinsic worth. Every citizen, including the government, has a moral obligation to safeguard such beings. All living creatures must be treated with kindness.

Animals are silent, but we as a society must voice for them. They should not be in any discomfort or agony. Animal cruelty causes them psychological distress. Animals just like humans, breathe and experience emotions. They require food, water, shelter, medical care, and self-determination.