THE ANIMAL PROTECTION LAWS IN INDIA BY ANSHIKA JAIN

INTRODUCTION

Laws that Protect Animals in India

 

For economic reasons, convenience, and other ancient customs, many dogs, monkeys, and other creatures are burnt, buried, cut open, poisoned, starved, and drugged every day across the country. Is it past time for us to consider whether we have any right to jail and hurt other sentient beings? People frequently overlook the fact that the pain and sensations felt by animals are the same as those felt by humans when subjected to the same level of cruelty, abuse, and torture. India considers animals to be a commodity.

 LEGAL PROVISIONS FOR ANIMALS

The state shall take measures to maintain and enhance breeds, prohibit animal slaughter, and safeguard and improve the country’s environment and fauna, according to Part IV of the Directive Principles of State Policy, Articles 48 and 48A of the Indian Constitution.

Part IVA- Article 51A(g)- Fundamental Duties Every Indian person has a basic responsibility to enhance the natural environment, which includes wildlife and to show compassion for all living things.

The Indian Penal Code 1860.

Section 428– Mischief involving the death, poisoning, maiming, or rendering of any animal or animals valued at ten rupees or more is punishable by imprisonment for up to two years, a fine, or both.

Section 429– Mischief involving the killing, poisoning, maiming, or rendering of any animal or animals valued at fifty rupees or more is punishable by imprisonment for up to five years, a fine, or both.

 

Animal Cruelty Prevention Act of 1960

The major goal of this Act is to prohibit any type of animal pain or torture, as well as to make essential modifications to legislation relating to animal protection in the country.

  • Carrying any animal in a way or posture in a vehicle causes needless pain or suffering.
  • Keeping an animal confined in a cage with little space for it to move about.
  • Keeping an animal tethered for an excessive amount of time.
  • As the owner, you are confining the animal and denying it access to exercise.
  • Failure to give adequate food, water, or shelter to the animal as the owner.
  • Abandoning any animal in any scenario without a legitimate explanation is likely to cause suffering due to hunger and thirst.
  • Other Animal Protection Laws in India
  • The Prevention of Cruelty to Animals (Slaughter House) Rules, 2001, make it illegal to slaughter animals in the nation unless they are slaughtered in designated or approved facilities.
  • In a municipal area, no one has the ability to kill any animal unless it is done in a slaughterhouse that has been recognized or licenced by the authority in charge under the law.
  • No animal may be slain in this manner.
  • Is She Pregnant?
  • Has kids under the age of three months.
  • Is less than three months old.
  • Isn’t suitable to be killed since it hasn’t been certified by a veterinarian.

 

RECENT DEVELOPMENTS

The government has produced a draught that would alter the Prevention of Cruelty to Animals Act 1960, making it illegal for anybody to inflict pain or kill an animal by paying a punishment of Rs 50. A person or organization that causes the death of any animal faces a fine of up to Rs 75000 or three times the cost of the animal, or both, under the new amendment.

While the existing law imposes fines ranging from Rs 10- Rs 50 for various types of cruelty, the new draught has been divided into three categories: minor injury, major injury, and death of the animal, with fines ranging from Rs 750- Rs 75000 and imprisonment for up to five years depending on the offense.

 

SUGGESTIONS

It is unquestionably the government’s responsibility to enact effective laws, update them on a regular basis, and guarantee that they are publicly publicized and followed by the public. The government should monitor how citizens react to legislation and what may be done to strike a balance between animal and human rights.

Various programs have been carried out, with the outcomes suggesting some improvement in wildlife conservation in the country, even though the results are not particularly impressive. The government’s influence and visibility are often limited in rural areas, where the majority of these confrontations occur. Furthermore, landowners whose crops or cattle are frequently attacked by these animals make only rudimentary efforts to report the attacks.

CONCLUSION

Despite the fact that modifications are being made to safeguard animals in India, we continue to learn of new incidents of animal cruelty on a daily basis. This is due to the ineffectiveness of recognizing animal rights and the inability to prescribe an effective method to preserve these creatures’ basic rights. To safeguard the animals, stringent rules should be implemented that impose harsh penalties and do not allow the perpetrator to flee.

The laws can be made more stringent and all-encompassing so that animals of all kinds, be it street animals, wild animals, and animals residing in all types of habitat are protected and preserved.

REFERENCES

https://blog.ipleaders.in/animal-protection-laws-in-india/

https://en.wikipedia.org/wiki/Animal_welfare_and_rights_in_India#:~:text=The%201960%20Prevention%20of%20Cruelty,of%20animal%20protection%20in%20India.&text=%5Bto%20treat%5D%20any%20animal%20so,with%20fines%20or%20prison%20sentences.

https://www.animallaw.info/article/overview-animal-laws-india

 

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