Broadly Speaking: Animal Rights; The laws for the Voiceless

Significance of Animals in India

In a country like India, with its diverse culture, animals are a sensitive issue because each animal is significant in some way or the other to a particular religion. To Hindus, the cow is a holy animal and is considered sacred, whereas, to Christians, Jesus refers to his people like sheep. Later, Buddhist interpretations hold that the painful cycle of rebirth occurs in six realms of existence: the heavenly, the demi-god, the human, the animal, the hungry ghost, and the hellish realm, so every animal is considered to be in its field of existence. Jainism is another ancient Indian religion. Jain lifestyle is marked by vegetarianism and the avoidance of all harm to humans and animals. It is the strictest religion as regards avoiding harm to animals. It promotes, to live and let live. To Muslims, pigs are considered as an ill omen, but other animals are considered to be material. For instance, in The Quran, Surah 16:5, there is the claim that “And livestock – He created them too. You derive warmth and other benefits from them: you get food from them.”[1] Not just restricted to religions in India, animals have their significance in Judaism, Jewish, etc. as well.

Animal Cruelty in India

On the one hand, we worship animals as they are said to bring god's with also called 'divine vaahana' while on the other there have been numerous, inhumane incidences where humans have acted like monsters on poor animals. Unconsciously, we've been guilty of animal abuse because it has been so common around us. From going to the zoo and promoting the circus culture to dancing along with the tortured horses in wedding processions and from using animal tested products to wearing animal skin clothes, we all have been guilty. It is common to see a heavily loaded cart pulled by bulls, children pelting stones at street dogs just for fun and for taming dolphins, dogs, bulls, etc for shows and competitions. Some situations in India are even worse because there have been rape cases of goats, dogs and cows, and the most recent, feeding a pregnant elephant a pineapple with firecrackers inside.

Legislations have been established for the protection and safety of animals which cover stray, wild, aquatic, avian, all kinds of animals, but insufficient information and lack of knowledge make it difficult for people to know how it works.

THE CONSTITUTION AND ANIMALS

-It is our fundamental duty as citizens of India to protect and improve the natural environment, including forests, lakes, rivers, and wildlife, and to have compassion for living creatures[2].

-The State has the duty to organize agriculture and animal husbandry on modern scientific lines and to take steps for preserving and improving breeds, prohibiting the slaughter of cows and calves and other milch and draught cattle.[3][4] Further, the constitution provides that the State also has a duty to protect, safeguard, and improve the forests and wildlife of the country.[5]

-Article 19(1)(g), also takes its active part in regulating trades and practices related to animals.[6]

-In List III (Concurrent List)[7]It is provided that both the Centre and the State have the power and authority to prevent animal cruelty and protect wild animals and birds.

THE DRUGS AND COSMETICS ACT, 1940[8]

India is the first country in South Asia to ban the testing of cosmetics and its ingredients on animals.

Any cosmetic product which carries out animal testing will face action as per provisions of the Drugs and Cosmetics Act and the Animal Cruelty Act. Violation of the Drugs and Cosmetics Act by any person or a corporate manager or owner is liable for punishment for a term which may extend from 3-10 years and shall also be liable to fine which could be Rs.500 to Rs.10,000, or with both.[9]

THE PREVENTION OF CRUELTY TO ANIMALS ACT, 1960

An Act to prevent the infliction of unnecessary pain or suffering on animals and for that purpose of amending the law relating to the prevention of cruelty to animals.

Over time through amendments, this particular act has laid down 21 Rules[10] covering all aspects from all kinds of animals to all kinds of issues the animals may face like transportation rules, exhibitions rules, slaughterhouse rules, performing animals rule (circuses), animal birth control(dogs) rules, pet shop rules (aquariums, kennels, etc) and dog breeding rules.

The act individually covers aspects like treatment of animals[11], experiments on animals[12], their training, care, and abandoning of animals. The punishments and fines for the same are also mentioned.

THE WILDLIFE (PROTECTION) ACT, 1972

An Act to provide for the protection of wild animals, birds and plants and for matters connected therewith or ancillary or incidental thereto with a view to ensuring the ecological and environmental security of the country.

Though it is quite uncommon for the common man to come in contact with wild animals, the most common issues that can still be encountered with are:

-Teasing, feeding or disturbing the animals in a zoo and littering the zoo premises is an offense punishable by a fine of Rs. 25000 or imprisonment of up to three years or both[13].

-Capturing, trapping, poisoning, or baiting of any wild animal or even attempting to do so is punishable by law, with a fine of up to Rs. 25000 or imprisonment of up to seven years or both[14]

-Disturbing or destroying eggs or nests of birds and reptiles or chopping a tree having nests of such birds and reptiles or even attempting to do so constitutes to hunting and attracts a punishment of a fine of up to Rs. 25000, or imprisonment of up to seven years or both[15]

THE INDIAN PENAL CODE, 1860

To kill or maim any animal, including stray animals, is a punishable offence under Sections 428 and 429.

CONCLUSION

In a landmark judgment by the High court of Punjab and Haryana, the entire animal kingdom, including avian and aquatic, are declared as legal entities having a distinct persona with corresponding rights, duties, and liabilities of a living person. All the citizens throughout the State of Haryana are hereby declared persons in loco parentis as the human face for the welfare/protection of animals. "Live and let live."[16] Such recognitions should be applicable throughout the country to give a sense of responsibility to the citizens towards other living creatures. The laws also lack implementation because the people or organisations associated resist taking the legal paths neither do they suggest the same. Though the current legislations have been formulated commendably they severely lack awareness which further hinders the protection of animals. Animal rescue shelters, adoption shelters and animal welfare societies should be legally recognised and must be given adequate authority to regulate domestic petting of animals either stray or pets and make decisions beneficial for the animals which the citizens must abide by, and if unhappy, the citizens can further approach the courts. This concept and mechanism can be adopted from foreign countries like the US and the UK.

{Author: Stuti Bhansali, a second-year law student at Manipal University, Jaipur}

REFERENCES

[1] Louis Caruana SJ, ‘Different religions, different animal ethics?’, Animal Frontiers, Volume 10, Issue 1, January 2020, Pages 8–14, https://doi.org/10.1093/af/vfz047 accessed 05/06/2020

[2] Constitution of India, Art. 51A(g)

[3] Constitution of India, Art. 48

[4] Wardah Beg, ‘Animal Protection Laws in India’(2019) < https://blog.ipleaders.in/animal-protection-laws-in-india/ > accessed 05/06/2020

[5] Constitution of India, Art. 48A

[6] Mohd. Hanif Quarashi and Others v/s State of Bihar [1958] AIR 731 SC

[7] Constitution of India

[8] s 31

[9] Arti Dhar, ‘India bans testing of cosmetics on animals’ [2013] < https://www.thehindu.com/news/national/india-bans-testing-of-cosmetics-on-animals/article4860969.ece > accessed 05/06/2020

[10] Animal Welfare Board of India, ‘Acts & Rules’ [2018] < http://www.awbi.in/policy_acts_rules.html > accessed 05/06/2020

[11] The Prevention of Cruelty to Animals Act 1960, S 11

[12] The Prevention of Cruelty to Animals Act 1960, S 14

[13] Wildlife (Protection) Act 1972, s 38J

[14] Wildlife (Protection) Act 1972, s 9

[15] Ibid

[16] Karnail Singh v. State of Haryana, [2019] SCC OnLine P&H 704