BY- MADHU MALLAH
THAKUR RAMNARAYAN COLLEGE OF LAW
The father of our nation Mahatma Gandhi once said, “The greatness of a nation can be judged by the way its animals are treated.” “Life is as precious to us as it is for an animal.
It is the fundamental duty of every citizen of India to have compassion for all living creatures. Article 51A(g).
Do animal have rights? This question has always been in my mind on the trot.
Every species has a right to life and security, subject to the law of the land, which includes depriving its life, out of human necessity. We humans eat animals, use animals and wear their skins. Most importantly we treat them as a subject where animals are experimented upon to promote human health. Bearing that in mind, the question here is, Is this use of animals in medicine is fundamentally right? Animals are not stones, they may suffer. But animals have no substitute in science. This conflict is never ending when there is a question of science and religion.
Every decent and prudent man will agree that ill-treating animals is inhumane and unjust. Those who use animals for human benefit, and kill them for their interest totally infringes their rights. We humans kill billions of animals every year causing them intense physical pain, often they are made to live in deplorable conditions. Laws that forbid humans to abuse animals, is now nearly universal. If animals have rights, we humans have moral duty to respect those rights. Humans owe to animals directly abiding the duties emerging out of their rights. We have a duty to be kind to animals and direct duty to respect them enough and not to be cruel to them. Every inhumane treatment to animal infringes the Law and rights of animals. I will now emphasize on considering the rights of animals.
It was the need of the hour back in 1960, when India’s first national animal welfare law was brought in to criminalise the cruelty to animals. It was an exception to the scientific experiments and religious thought processes, when the Prevention of Cruelty to Animals Act was established. However this PCA Act commenced on 1st April, 1974. Corresponding to this act, to eliminate poaching and illegal trades of animals and to detain poachers from the same, the Wildlife Protection Act 1972 was brought into force on 9th September, 1972.
- Section 11 (i) of Prevention of Cruelty to Animals Act, says that abandoning an animal, leaving it in a situation that it suffers pain due to starvation or thirst; or keeps an animal chained is a punishable offence: In this case, the fine can go up to ₹50. If the same crime is committed within three years again, the person has to pay a fine of anything between ₹25 and ₹100 or an imprisonment of up to 3 months or both. Evidently, neither the fine nor the imprisonment is strict enough to prevent people from harming animals.
- Under Indian Penal Code, Section 428 and Section 429 Killing, poisoning, maiming or torturing an animal is a cognizable offence: The punishment for such an act is rigorous imprisonment which may extend for up to 2 years or a fine or both. In this case, as well, the fine is just ₹10 or above, an amount so minuscule that places no value on an animal’s life.
- As per the Govt. of India, Animal Birth Control Rules 2001, no sterilised dogs can be relocated from their area: If the dog is not sterilised, the society can ask an animal welfare organization to sterilise and vaccinate it, but they cannot relocate them.
- According to Animal Birth Control Rules 2001, under Section 38 of the Prevention of Cruelty to Animals Act 1960: Dogs can be sterilized only when they’ve attained the age of at least 4 months and not before that.
- The act of animal sacrifices is covered under Local Municipal Corporation Acts, Prevention of Cruelty to Animals Act, 1960, Wildlife (Protection) Act, 1972, Indian Penal Code (IPC): It’s illegal to slaughter animals at places, like temples and streets, that are not licensed to do so.
- Teasing, molesting, injuring, feeding or causing disturbance to any animal by noise or otherwise is prohibited according to the section 38(j) of Wildlife Protection Act, 1972: Anyone found guilty of this offence may face an imprisonment of up to 3 years or a fine of up to Rs 25,000 or both.
As for instance: a housing colony security guard who was caught regularly taking a female stray dog into a washroom to abuse her and a 19 year-old-boy who was caught having sex with a female stray dog in a public toilet.
- According to section 98 of the Transport of Animals Rules, 1978, animals should be healthy and in good condition while transporting them: Any animal that’s diseased, fatigued or unfit for transport should not be transported.
Furthermore, pregnant and very young animals should be transported separately.
- In List III (Concurrent List), it is provided that both the Centre and the State have the power and authority to:
a) 17 Prevent cruelty to animals.
b) 17B. Protect wild animals and birds
Not only human life should be respected of and given right to but also of animals who cannot express themselves via verbal words but only emotion not quite perceived by the humans.
Article 21 of the Constitution, while safeguarding the rights of humans, protects life and the word “life” has been given an expanded definition and any disturbance from the basic environment which includes all forms of life, including animal life, which are necessary for human life, fall within the meaning of Article 21 of the Constitution. So far as animals are concerned, in our view, “life” means something more than mere survival or existence or instrumental value for human-beings, but to lead a life with some intrinsic worth, honour and dignity.
According to Article 48 of the Constitution: the Government must 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
Need for Amendment in the 21st Century
Section 11 of PCA Act stipulates a penalty of between Rs 10 and Rs 50 for any act of cruelty against animals, including beating, kicking, torturing, starving and mutilating the animal.
Back in the 60’s, rupees 5,10,50 was considered very big amount but in the late 2020 its nothing more than pennies. I could jokingly claim that a pocket money of a 15 year old is more than the fine still being imposed under the PCA Act 1960.
The Supreme Court has repeatedly asked the government to amend the Act so as to impose “adequate penalties and punishment” to cut down on incidents of animal cruelty. In its judgment in the matter of Animal Welfare Board of India versus A. Nagaraja & Others in 2014, the top court said, “Parliament is expected to make proper amendment of the Prevention of Cruelty to Animals Act, 1960, to provide an effective deterrent to achieve the objective and purpose of the Act and for violations of Section 11, adequate penalties and punishments should be imposed.”
Too little, Too late?
While the government is moving to correct the unjust penalties, it has reportedly ignored several supreme court directives to impose ‘adequate penalties and punishment’ to curtail animal cruelty.
The PCA Act is toothless and the animal protection laws in India are outdated as most animal abusers get away without facing any consequences. This signifies the need to urgently amend and strengthen the PCA Act to deter animal abusers from committing acts of cruelty to animals. All lives matter and hence it is imperative that India not only protect fellow humans from abuse and torture but also animals who have been inhabiting this planet way before us. Animals also have a right to live a life of dignity and respect, as rightly opined by the Supreme Court. Research in psychology and criminology shows that people who commit acts of cruelty to animals often don’t stop there — many move on to hurting humans. Everyone must raise their voice for the animals who can’t speak for themselves. For if they don’t, who else will. Animal abuse must be brought to the attention of the police and animal protection groups immediately so as to bring the offenders to the book which may also prevent other animals and even humans from becoming targets of such abusers.
BY- MADHU MALLAH
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LAWSBOOK 