ANIMAL RIGHTS & PROTECTION IN INDIA
May. 05, 2020 • Apurva Bhutani
INTRODUCTION:
In India the necessity of protecting animals has always been in debate. Since the ancient time animals are considered as divine beings. The animals are used for various purposes such as agriculture, transportation, entertainment, etc. Animals are the good companion of human beings. It is considered that human are dependent on the animals.
Animal cruelty has always been a topic in issue. Animal sacrifice is a form of cruelty against animals. Animal sacrifice, which is commonly known as "Bali" is considered as the most sensitive issue because people have religious beliefs related to it. however no religion teach violence against animal no God will become happy by seeing killing of animals. Animals are the Innocent creatures of God as human beings.
In order to maintain the harmony among humans and animals, Indian Judiciary and law scholars played a vital role in Protecting the rights of the animals, various laws were framed to protect them. These laws are described as follows:
ANIMAL PROTECTION UNDER INDIAN CONSTITUTION:
- Article 51(g): According to this article, it is the fundamental duty of every citizen to protect and improve the wildlife and to be thoughtful for living creatures.
- Article 48: According to this article, it shall be the duty of every State to plan and organize agriculture and animal husbandry on modern and scientific lines.
- Article 48(A): According to this article, it is the duty of every state to protect and improve the forest and wildlife of the country.
- According to the State list, schedule VII, the state has the power to preserve, protect and prevent the animal disease and to enforce veterinary training and practice.
- According to the Concurrent list, the Centre and state government has the power to prevent cruelty against animal and protect wild animals and birds.
LAWS RELATED TO ANIMALS RIGHT IN INDIA:
- Section 428 of Indian Penal Code (1860), if any person is found killing, maiming, poisoning or rendering useless any animal shall be punishable with the imprisonment up to 2 years, or fine, or both.
- Section 429 of IPC, 1860 provides that if the cost of animal is more than Rs. 50 shall be punishable with imprisonment up to 5 years.
- Section 11 of Prevention of Cruelty to Animals Act states that, if any person allows, beat, kick or torture any animal in any way will be held liable to pay a fine of Rs. 50.
- According to Animal Protection laws in India, if someone is found of committing a repetitive offence within 3 years, then the fine will increase or the person can be awarded with the imprisonment for 3 months.
- According to Section 16(c) of Wildlife Protection Act, 1972, if anyone found guilty of teasing, molesting, injuring or causing disturbance to animals by noise or otherwise shall be punishable with imprisonment up to 3 years of fine up to Rs. 25,000 or both.
- According to Section 38(j) of Wildlife Protection Act, 1972, if anyone found guilty of causing injury, destroy wild animals, birds or reptiles, disturbance to their eggs or nest shall be punishable with imprisonment of 3 to 7 years or fine up to Rs. 25,000 or both.
- Slaughtering of animals without license is illegal. There are various provisions were given relating it under Wildlife Protection Act, 1972, Local Municipal Corporations Act, The Prevention of Cruelty Act, 1960 and Indian Penal Code, 1860.
- The relocation of Sterilized dogs are prohibited under Animal Birth Control Rules, 2001. In order to sterilize and vaccinate the dog the society can ask the animal welfare org. in India but cannot relocate them.
- According to Section 38 of Prevention of Cruelty to Animals Act and Animal Birth Control Rules, 2001, dogs can be sterilized only after attaining the age of 4 months.
- If anyone chains, confine or keep any animal for long hours under heavy chains will amount to cruelty and the person shall be punishable with imprisonment up to 3 months or fine or both.
HOW TO FILE A COMPLAINT AGAINST VIOLATION OF ANIMAL RIGHTS:
- BY SENDING A LEGAL NOTICE: We can send a legal notice to the animal abusers by our self or through a lawyer. in case if the abuser doesn't reply to the notice we can take help of animal welfare organizations and can file a official complaint against the wrongdoer.
- WILDLIFE OFFENCE REPORT: An individual or animal welfare organizations in India can file a report for any offence against the protection of animals under section 50(4) of the Wildlife Protection Act, 1972.
WHERE TO MAKE A COMPLAINT:
A person can directly approach the magistrate and can make a complain whether in writing or orally. Also he can also approach the forest officer who later can file complaint before magistrate.
The person who can file a complaint to the magistrate as per Section 55 of Wildlife Protection Act, 1972. are as follows:
- Director of Wildlife Preservation, any other officer appointed on his behalf by the Central Government;
- Director of Tiger Conservation authority or its Members or Member of Central Zoo Authority;
- Chief Wildlife Warden;
- Any Person, who has given notice before 60 days of his intention of making complaint.
CONCLUSION:
To help the Government in order to make proper use of the laws, all of us needs to join hands to remove the cruelty against animals from the society. To help the innocent animals there are allot of Animal Welfare Organizations In India. But they alone cannot make a large change thus, being a responsible citizen we need to stand against the wrong and contribute in making the environment safe for animals too, because as human beings they are also an essential part of our environment.
(The author, Amisha Jain is a 3rd year B.B.A LL.B(HONS) student at Teerthanker Mahaveer University, Moradabad)