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mahan mahan (NIL)     03 November 2020

Killing animal is legal

pl clarify whether killing animals, birds, etc for any reason, be for food or religious sacrifice or as business is legal in India, if so under which law.



Learning

 7 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     03 November 2020

Is it a legal query?  What is your problem?  State full facts of the query.

mahan mahan (NIL)     04 November 2020

I see animals being killed by humans everywhere around for reasons such as food, religious, business etc.

Other humans remain mute inert spectators.

Hence the query

1. Under which law the killings are permitted.

2. How the killing animals can be stopped and 3. How the animals can be protected with their right to live with dignity

 

Sudhir Kumar, Advocate (Advocate)     05 November 2020

are teh endangered specie.

Samayeta Bal   19 November 2020

Hello sir, I understand your concern for the animals and greatly appreciate the same. Now coming to the legal point of view, The Prevention of Cruelty to Animals Act, 1960 prohibits any person from inflicting, causing, or if it is the owner, permitting, unnecessary pain or suffering to be inflicted on any animal. The Act makes it a crime to beat, kick, torture, mutilate, administer an injurious substance, or cruelly kill an animal. It is also illegal to over-ride, over-drive, over-load, or works an unfit animal. It is an offense to cruelly transport, confine, chain, or tether an animal. It is a violation to engage in animal fighting or shooting competitions in which animals are released from captivity to be shot. An owner commits an offense if he or she fails to provide sufficient food, drink or shelter, unreasonably abandons any animal or permits any diseased or disabled animal to roam or die in any street. 

To make it clear, it is not illegal to kill animals when it comes to consumption especially when there are lakhs of people who are non-vegetarian in our country. Also, the SC in a PIL declared that they can't interfere in the age-old religious practises of animal sacrifice so sacrificing animals for religious purposes are also not deemed illegal. 

I hope I was able to answer your query.

With regards,

Samayeta.

 

mahan mahan (NIL)     19 November 2020

Thanks for your efforts to throw light on the matter.

In this regard, 

Pl clarify

1. Specify the Punishment for kicking stray dog

2. By shouting at & chasing the animal, or frightening the animal by bursting crackers, etc  thus causing mental agony to the animal-

- whether is covered under cruelty by causing or inflicting pain

Samayeta Bal   20 November 2020

Hello sir, with regards to your question Sec 428 and Sec 429 provides severe punishment even leading upto 5years of imprisonment for people doing acts as stated in your question.

I hope I was able to answer your query. 

With regards, 

Samayeta. 

mahan mahan (NIL)     21 November 2020

thanks

i observe that

- humans are harsh to animals;

- laws are mild with punishment of Rs 50/ 25/100 or so for cognizable/ non cognizable offence on animals; laws differentiate similar crimes on humans as compared to animals

- Enforcement is tedious; legal system in india is as fragile as people to protect the weak and meek.

- as a result,, Hard core criminals thrive; others endure in silence.


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