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PREVENTION OF CRUELTY TO ANIMALS[1]

Table of Contents

QUESTION BANK

Q.1. What is “Cruelty to Animals? Expound the constitution and functions of the Animal Welfare Board of India under the Prevention of Cruelty to Animals Act. 1960

Q.2. State the constitution and functions of the Animal Welfare Board of India under the

Prevention of Cruelty to Animals Act.1960

Q.3. Write a brief note on ‘Prevention of Cruelty to Animals.

Q.4. What is meant by ‘cruelty to animals generally’? How is it prevented?

SHORT NOTES

Cruelty to animals.

SYNOPSIS

Table of Contents

I] OBJECT OF PREVENTION OF CRUELTY TO ANIMALS. 96

II] CRUELTY TO ANIMALS GENERALLY (S. 11). 97

EXCEPTIONS:- 98

III] CONSTITUTION OF ANIMAL WELFARE BOARD. 99

IV] FUNCTIONS OF THE BOARD (S. 9). 100

V] EXPERIMENTATION ON ANIMALS (S. 14). 101

VI] PERFORMING ANIMALS. 102

I] OBJECT OF PREVENTION OF CRUELTY TO ANIMALS.

Animals are always treated as very important in human life. In all religions, importance is given to animals. Throughout Hindu scriptures,[2] We find that animals are given a lot of importance. For Hindus, every creature is created by God and has atman (energy) the same as a human being. Therefore, animals are always raised with love. The cow is treated very sacredly among Hindus.

The Prevention of Cruelty to Animals Act of 1960 was passed by Parliament with the same mindset and object of preventing the infliction of unnecessary pain or suffering on animals. (The Act will henceforth be called’ the Act’ for the sake of brevity.)

The Act imposes a duty on every person having the care or charge of any animal (captive or domestic) to take all reasonable measures to ensure the well-being of such animal and to prevent its unnecessary pain or suffering (S. 3).

II] CRUELTY TO ANIMALS GENERALLY (S. 11).

11 defines cruelty to the animal as if any person-

1) beats, kicks, over-rides, over-drives, over-loads, tortures, or otherwise treats any animal so as to subject it to unnecessary pain or suffering or causes or being the owner, permits any animal to be so treated; or

2) employs in any work or labour or for any purpose any animal which by reason of its age, disease, or infirmity[3], wound, sore[4] or another cause is unfit to be so employed or being the owner permits any such unfit animal to be so employed; or

3) willfully and unreasonably administers any injurious drug or injurious

substances to any animal or willfully and unreasonably causes or attempts to cause any drug or substance to be taken by any animal; or

4) conveys or carries, whether in or upon any vehicle or not, any animal in such manner or position as to subject it to unnecessary pain or suffering; or

5) keeps or confines any animal in any cage or receptacle which does not measure sufficiently in height, length, and breadth to permit the animal a reasonable opportunity for movement; or

6) keeps for an unreasonable time any animal chained or leathered upon an unreasonably short or unreasonably heavy chain or cord or

7) being the owner, neglects to exercise or cause to be exercised reasonably any dog habitually chained up or kept in close confinement; or

8) being the owner of any animal, fails to provide such animal with sufficient food, drink, or shelter; or

9) without reasonable cause, abandons any animal in circumstances which render it likely that it will suffer pain by reason of starvation or thirst; or

10) willfully permits any animal, of which he is the owner, to go at large in any

street while the animal is affected with a contagious or infectious disease or, without reasonable cause, permits any diseased or disabled animal, of which he is the owner, to die in any street;

11) offers for sale or, without any reasonable cause, has in his possession any animal which is suffering from pain by reason of mutilation[5]; starvation, thirst, overcrowding, or other ill-treatment; or

12) mutilates any animal or kills any animal (including the stray dog) by using the method of strychnine injections in the heart or any other unnecessarily cruel manner; or

13) solely with the view to providing entertainment–

i) confines or causes to be confined any animal (including the taping of an animal as bait in a tiger or other sanctuary) as to make it an object of prey[6] for any other animal or
ii) incites any animal to fight or bait[7] any other animal or

14) organizes, keeps, uses, or acts in the management of any place for animal fighting or for the purpose of baiting any animal or permits or offers any place to be used or receives money for the admission of any other person to any place kept or used for any such purposes;

15) promotes or takes part in any shooting match or competition wherein animals

are released from captivity for such shooting.

The offenses shall be punishable: in the case of the first offence, with a fine of not less than ten rupees but which may extend to fifty rupees; in the case of the second or subsequent offence committed within three years of the previous offence, with a fine of not less than twenty-five rupees but which may extend to one hundred rupees or with imprisonment for a term which may extend to three months or with both.

EXCEPTIONS:-

However, nothing in this section shall apply to-

1) the dehorning of cattle or the castration[8] or branding or nose-roping[9] any animal in a prescribed manner or

2) the destruction of stray dogs[10] in lethal chambers or by such methods as may be prescribed or

3) the extermination[11] or destruction of any animal under the authority of any law for the time being in force; or

4) any matter dealt with in Chapter IV; or

5) the commission or omission of any act in the course of the destruction or the preparation for the destruction of any animal as food for mankind unless such destruction or preparation was accompanied by the infliction of unnecessary pain or suffering.

III] CONSTITUTION OF ANIMAL WELFARE BOARD.

For the promotion, welfare, and protection of animals from being subjected to unnecessary pain or suffering, the Central Government has established an ‘Animal Welfare Board of India (henceforth, for the sake of brevity, called ‘the Board’) (S. 4).

The Board shall consist of the following persons, namely (S. 5)-

1) The Inspector-General of Forests, Government of India, ex officio[12],

2) The Animal Husbandry Commissioner to the Government of India, ex officio;

i) Two persons to represent respectively the Ministers of the Central Government dealing with home affairs and education, to be appointed by the Central government.
ii) One person to represent the India Board for Wildlife, to be appointed by the Central Government.

iii) Three persons who, in the opinion of the Central Government, are or have been actively engaged in animal welfare work and are well-known humanitarians[13], are to be nominated by the Central Government.

3) One person to represent such association of veterinary practitioners, as in the opinion of the Central Government, ought to be represented on the Board, to be elected by that association in the prescribed manner,

4) Two persons to represent practitioners of modern and indigenous systems of medicine to be nominated by the Central Government;

5) One person to represent each of such two municipal corporations, as in the opinion of the Central Government, ought to be represented on the Board to be elected by each of the said corporations in the prescribed manner;

6) One person to represent each of such three organizations actively interested in animal welfare, as in the opinion of the Central Government, ought to be represented on the Board to be chosen by each of the said organizations in the prescribed manner;

7) One person to represent each of such three societies dealing with the prevention of cruelty to animals, as in the opinion of the Central Government, ought to be represented on the Board to be chosen in the prescribed manner;

8) Three persons to be nominated by the Central Government; and

9) Six members of Parliament, four to be elected by the House of the People (Lok Sabha) and two by the Council of States (Rajya Sabha).

Any of the persons referred to in clause (a), clause (b), clause (ba), or clause (bb) may depute any other person to attend any of the meetings of the Board.

The Central Government shall nominate one of the members of the Board to be its chairman. The Board will be reconstituted by the Central Government, and such reconstitution shall last for three years.

IV] FUNCTIONS OF THE BOARD (S. 9).

Following are the functions of the Board, viz.

1) to keep the law in force in India for the prevention of cruelty to animals

under constant study, and advise the Government on the amendments to be undertaken in any such law from time to time.

2) to advise the Central Government on the making of rules under this Act to prevent unnecessary pain or suffering to animals generally, and more particularly when they are being transported from one place to another or when they are used as performing animals or when they are kept in captivity or confinement;

3) to advise the Government or any local authority or other persons on improvements in the design of vehicles to lessen the burden of draught animals;

4) to take all such steps as the Board may think fit for ameliorating[14]

of animals by encouraging or providing for the construction of sheds, water troughs[15] and the like and by providing for veterinary assistance to animals;

5) to advise the Government or any local authority or other persons in the design of slaughterhouses[16] or the maintenance of slaughterhouses or connection with the slaughter of animals so that unnecessary pain or suffering, whether physical or mental, is eliminated in the pre-slaughter states as far as possible, and animals are killed, wherever necessary, in as human a manner as possible.

6) to take all such steps as the Board may think fit to ensure that unwanted animals are destroyed by local authorities, whenever it is necessary to do so, either instantaneously[17] or after being rendered insensible[18] to pain or suffering;

7) to encourage, by the grant of financial assistance or otherwise, the

formation or establishment of panjrapoles, rescue homes, animal shelters, sanctuaries, and the like where animals or birds may find shelter when they have become old and useless or when they need protection.

8) to cooperate[19] with and coordinate[20] the work of associations or bodies

established to present unnecessary pain or suffering to animals or for the protection of animals and birds;

9) to give financial and other assistance to animal welfare organizations

functioning in any local area or to encourage the formation of animal welfare organizations in any local area that shall work under the supervision and guidance of the Board;

10) to advise the government on matters relating to the medical care and attention which may be provided in animal hospitals whenever the Board thinks fit and necessary to do so;

11) to impart education about the humane treatment of animals and to

encourage the formation of public opinion against the infliction of unnecessary pain or suffering to animals and for the promotion of animal welfare using lectures, books, posters, cinematographic expiations, and the like; and

12) to advise the government on any matter connected with animal welfare or prevention of infliction of unnecessary pain or suffering on animals.

V] EXPERIMENTATION ON ANIMALS[21] (S. 14).

Sometimes, to find suitable medicines or ways of operating on human beings or animals, it becomes necessary to experiment on similar kinds of animals. However, the procedure is often very cruel. To make it more animal-friendly, the Act has made provisions from S.14 to 20.

S.14 permits experimentation on animals, including experiments involving operations, if such experimentation will be useful for saving or prolonging life, alleviating suffering, or combating any disease, whether of human beings, animals, or plants.

The Central Government may constitute a Committee to control and supervise experiments on animals (S.15). The Committee’s prime duty is to take all necessary measures to ensure that animals are not subjected to unnecessary pain or suffering before, during, or after the experiments.

The Committee is empowered to prohibit experiments on animals if the person or institution conducting experiments does not comply with the rules made by it (19). Moreover, if any person or institution contravenes any order made by the Committee or commits a breach of any condition imposed by the Act, it shall be punishable with a fine which may extend to two hundred rupees (S.20).

VI] PERFORMING ANIMALS[22].

Performing animals means the animals trained to perform in circuses, amusements[23], roadside, etc. They are generally tortured to perform properly or as to the expectations of the trainer. To humanize the process of training, the Act endeavours through S.21 to 27.

According to S.22, no person shall exhibit or train any performing animal unless-

a) he is registered, or
b) the animal has not been prohibited by the Central Government

by the notification in the Gazette as a performing animal.

The procedure of registration is mentioned under S.23.

S.25 of the Act empowers the Magistrate to prohibit or restrict the exhibition and training of performing animals on receipt of a complaint made by a police officer or any officer authorized by the prescribed authority.

In contravention of the provision of the Act or rules made under the act or direction of the Committee, the punishment is fine which may extend to Rs.-500/- or with imprisonment, which may extend to 3 months or with both.

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[1] प्रााण्यांच्या विरूद्ध हिंसेस प्रतीबंध

2 धर्मग्रंथ

[3] आजार किंवा दुर्बलता

[4] सूज

[5] अवयव तोडणे

[6] भक्ष

[7] प्रलोभन/आमिष

[8] नपुसक करणे

[9] वेसन घालणे

[10] भटकी कुत्री

[11] सर्वनाश

[12] परसिदध

[13] मानवतावदी

[14] सुधरणे /सुसाहयकरणे

[15] जनावरांना पाणी पाजण्यासाठी वापरले जाणारे पात्र

[16] कत्तल खाना

[17] ताबडतोब

[18] बेशुदध

[19] सहकार्य

[20] समन्वय

[21] प्रांण्यांचेवर प्रयोग

[22] करमणुकीसाठी वापरले जानरे प्राणी

[23] करमणूक