Animals, like humans, have the ability to feel pain, both physically and mentally. Unfortunately, in many cases, they are treated merely as property, leading to inadequate consequences for those who commit acts of animal cruelty. This article will explore the Prevention of Cruelty to Animals Act, 1960, which aims to protect animals and punish those who harm them.
Prevention of Cruelty to Animals Act, 1960
The Prevention of Cruelty to Animals Act was implemented in 1960 to address the growing concerns about animal mistreatment. Shrimati Rukmini Arundale, a prominent humanitarian, was instrumental in its introduction. This Act replaced the Prevention of Cruelty to Animals Act of 1890, offering more comprehensive protection against various forms of cruelty, including those disguised as research or experiments.
Scope and Purpose of the Act
The primary goal of the Act is to prevent unnecessary pain and suffering inflicted on animals. It serves to establish standards of care, prescribe punishments for cruelty, and promote animal welfare. The scope of the Act includes:
- Defining "animal" and distinguishing between domestic and captive animals.
- Establishing the Animal Welfare Board, detailing its powers and functions.
- Identifying acts of cruelty, their exceptions, and prescribed punishments.
- Allowing the humane killing of suffering animals to relieve them from further pain.
- Providing guidelines for animal experimentation for scientific purposes.
- Setting regulations for the exhibition of performing animals and related offenses.
- Stipulating a three-month limitation period for prosecuting offenses under the Act.
Important Provisions of the Act
Definitions
- Animal: As defined in Section 2(a), an animal is any living creature other than a human being. This broad definition includes mammals, birds, reptiles, and more.
- Captive Animal: Section 2(c) describes a captive animal as one under captivity or confinement and not a domestic animal. It includes animals held temporarily or permanently to prevent their escape.
- Domestic Animal: Section 2(d) defines a domestic animal as one that is tamed to serve a valuable purpose for humans, either intentionally or through adaptation.
Duty of Persons in Charge of Animals
Section 3 outlines the responsibilities of those in charge of animals, requiring them to take reasonable steps to ensure the animal’s well-being and prevent unnecessary pain or suffering.
Animal Welfare Board of India
The Animal Welfare Board of India, established under Section 4, is a statutory advisory body promoting animal welfare across the country. It ensures compliance with animal welfare laws, advises the government on related matters, and provides grants to support animal welfare activities.
Cruelty to Animals
Acts Considered Cruel
Section 11 of the Act outlines several acts considered cruel, such as:
- Beating, kicking, or torturing an animal.
- Employing an unfit animal for work.
- Administering harmful drugs or substances to animals.
- Confining animals in inadequate spaces.
- Abandoning animals in distress.
- Using animals for entertainment that causes suffering.
The Act prescribes fines and imprisonment for offenders, with harsher penalties for repeat offenses.
Punishment for Practicing Phooka or Doom Dev
Section 12 penalizes the practice of phooka or doom dev, which involves introducing air or substances into a milch animal to enhance lactation. Offenders face fines or imprisonment, with the animal in question surrendered to the government.
Killing Suffering Animals
Section 13 allows for the humane killing of suffering animals to relieve them from further pain, with orders issued by a court or authorized officers.
Experimenting on Animals
Exceptions
Section 14 permits certain experiments for scientific advancement, such as discovering knowledge to reduce mortality, alleviate suffering, or combat diseases in humans, animals, or plants.
Committee for Supervision
Section 15 authorizes the formation of a committee to oversee animal experimentation, ensuring compliance with humane standards and preventing unnecessary suffering.
Using Animals for Performance
Exhibition and Training
Section 21 defines exhibition and training as involving animals in entertainment for a ticketed audience. Section 22 restricts the use of unregistered individuals or prohibited animals for performance.
Registration Procedure
Section 23 outlines the registration process for exhibitors and trainers, requiring details about the animals and the nature of performances.
Landmark Cases
Animal Welfare of India vs. A. Nagaraja (2014)
This case involved the Supreme Court banning Jallikattu, a bull-taming sport in Tamil Nadu, citing violations of animal rights under the Act of 1960 and the Indian Constitution.
Kennel Club of India vs. Union of India (2013)
This case addressed the issue of dog mutilation, with the Madras High Court ruling that ear cropping and tail docking cannot be considered cruelty without explicit government direction.
Gauri Maulekhi vs. Union of India (2010)
The Supreme Court ruled against the illegal export of cattle to Nepal for the Gadhimai festival, emphasizing that unnecessary pain cannot be inflicted on animals for religious practices.
Amendments and Recent Developments
Prevention of Cruelty to Animals (Amendment) Bill 2022
This bill proposes increased penalties for animal cruelty, with higher fines and imprisonment for repeat offenders. However, it faces criticism for not addressing broader issues like animal extinction and environmental harm.
Conclusion
The Prevention of Cruelty to Animals Act of 1960 was a pioneering law in India, setting the foundation for animal welfare and protection. It established the Animal Welfare Board, provided guidelines for animal care, and prescribed penalties for cruelty. While the Act has made significant strides in protecting animals, ongoing amendments and developments aim to address evolving concerns and ensure a more comprehensive approach to animal welfare.
