OVERVIEW OF ANIMAL LAWS IN INDIA

 

OVERVIEW OF ANIMAL LAWS IN INDIA

 

India, the seventh largest country in the world, is one of the most bio-diverse regions of the world containing four of the world’s 36 biodiversity hotspots. It is home to animals ranging from the Bengal Tigers to the Great Indian Rhinoceros and animal protection and welfare in the country has taken a prominent position over the recent years. Protection of animals is enshrined as a fundamental duty in the Indian Constitution and there exist several animal welfare legislations in India such as the Prevention of Cruelty to Animals Act 1960 and the Wildlife Protection Act 1972 at the Central level and cattle protection and cow slaughter prohibition legislations at the State levels. The Indian Penal Code (IPC) 1860 is the official criminal code of India which covers all substantive aspects of criminal law. Section 428 and 429 of the IPC provides for punishment of all acts of cruelty such as killing, poisoning, maiming or rendering useless of animals.

 

The aforementioned legislations have been enacted to obviate unnecessary pain and suffering of animals and similar legislations continue to be enacted according to changing circumstances. Notwithstanding specific statutes, further protections for animals lie under general concepts such as tort law, constitutional law, etc. We in India are lucky to have one of the most comprehensive set of animal protection laws in the world. Enshrined in the Indian constitution, Article 51 (G) states the following: "It shall be the duty of every citizen of India to protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures." Keeping constitutional provision in view, important animal protection laws that have been enacted include:- The Prevention of Cruelty to Animals Act was enacted in 1960 to prevent the infliction of unnecessary pain or suffering on animals and to amend the laws relating to the prevention of cruelty to animals. After the enactment of this Act, the Animal Board of India was formed for the promotion of animal welfare. The Government of India enacted Wildlife (Protection) Act 1972 with the objective to effectively protect the wild life of this country and to control poaching, smuggling and illegal trade in wildlife and its derivatives. The Act was amended in January 2003 and punishment and penalty for offences under the Act have been made more stringent. It has been proposed to further amend the law by introducing more rigid measures to strengthen the Act.

 

The objective is to provide protection to the listed endangered flora and fauna and ecologically important protected areas. The rules are the Prevention of Cruelty to Animals (Dog Breeding and Marketing) Rules, 2017; Prevention of Cruelty to Animals (Regulation of Livestock Markets) Rules, 2017; the Prevention of Cruelty to Animals (Aquarium and Fish Tank Animals Shop) Rules, 2017; and the Prevention of Cruelty to Animals (Care and Maintenance of Case Property Animals) Rules, 2017. In a perfect world, laws to protect animals would eliminate all cruelty because dogs should not be bred and sold, cattle and other animals should not be sent to slaughter, and fish should not be kept in tanks. But sometimes change occurs in stages, and we commend the government for passing certain additional protections for dogs and fish; as well as

cows, buffaloes, camels and other animals who end up at animal markets for now. We also commend the government for helping remove animals from abusers through the Prevention of Cruelty to Animals (Care and Maintenance of Case Property Animals) Rules, 2017.

 

The Ministry of Environment, Forest and Climate Change has released four new Gazette notifications under the Prevention of Cruelty to Animals Act, 1960 to regulate dog breeders , animal markets, and aquarium and “pet” fish shop owners . This progress has come about as a joint effort by animal protection groups including PETA India. PETA India was involved in the public consultation process for these rules and had provided useful comment to strengthen protections. The 42nd Amendment to the Indian Constitution in 1976 was a progressive step towards laying the groundwork for animal protection in India. The constitutional provisions establishing the duty of animal protection have resulted in the enactment of animal protection legislations both at the central and state level, most notable of which being the Prevention of Cruelty to Animals Act 1960. Furthermore, over the years Indian courts have developed a growing legal jurisprudence in animal law. However, there is a still a long ways to go in truly developing a solid foundation for animal law in India. The provisions for animal protection in the Indian Constitution remain principles instead of concrete law enforceable in courts. The penalties under the Prevention of Cruelty to Animals Act 1960 for cruelty against animals are simply not strict enough to truly deter crimes against animals. The law is not strictly enforced and contains several provisions which provide leeway through which liability can be escaped. Extensive reforms need to take place in this regard to provide a stronger animal protection law for India.