animal cruelty in india: a fatal oversightjcil.lsyndicate.com/wp-content/uploads/2019/04/... ·...

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45 | P a g e JOURNAL ON CONTEMPORARY ISSUES OF LAW [JCIL] VOLUME 5 ISSUE 3

ANIMAL CRUELTY IN INDIA: A FATAL OVERSIGHT

Authored by: Kunal Nema*& Akshita Prasad**

* 2nd Year BBA.LLB Student, New Law College, BVDU, Pune

** 2nd Year BA.LLB Student, New Law College, BVDU, Pune

ABSTRACT

Incidences of animal cruelty are on the rise in India and also all over the world. Many a times we

turn a blind eye towards the rights of the animals. Like humans animals also have rights against

being exploited or persecuted. It is a serious issue that demands our urgent attention. Through this

paper we have attempted to bring into the spotlight implications of animal cruelty on the society,

how does it affect it and can be a major risk to both animals and humans. The prevention of cruelty

to animals act, 1960 is the prime focus as it is the primary law pertaining to animal cruelty. The act

itself is over decades old and is plagued with flaws that comes with time and it needs to be

reexamined in accordance with the present time. Combating the menace of animal cruelty is a

pledge that should be undertaken by everyone including the Government of India, Legal system

and citizens themselves. In conclusion we note that animal cruelty is a product of our own making

and can only be dealt with harmonious intervention by the law and the people.

Keywords: Prevention of Cruelty to Animals Act, 1960; Animal Cruelty; Human Violence.

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INTRODUCTION

All residing things have a right to stay on this earth, however, we, very regularly emerge as,

completely, insensitive to their pain, only because animals can't communicate the language of

human beings, they don't have a voice. This can be seen in a well-known quote which is going as:

“The assumption that animals are without rights and the illusion that our treatment of them has no

moral significance is a positively outrageous example of Western crudity and barbarity. Universal

compassion is the only guarantee of morality”- by Arthur Schopenhauer1. Each day in nations

around the world, animals are fighting for their lives. They're enslaved, beaten, and saved in chains

to make them carry out for human beings' "amusement"; they're mutilated and confined to tiny

cages in order that we are able to kill them and eat them; they're burned, blinded, poisoned, and cut

up alive in the name of "science"; they may be electrocuted, strangled, and skinned alive so that

human beings can parade in their coats or worse just because they enjoy it. Animal cruelty is a

behaviour that is dangerous to animals, from unintended neglect to intentional killing. The infliction

of bodily pain, suffering or loss of life upon an animal is animal cruelty.

The misuse of animal or the usage of animal for the purpose past the animal restriction is animal

abuse. Most of the people who abuse animals do not do it on a cause. They harm animals due to the

fact that they do not consider or understand what they're doing. Those humans do not know that

what they're doing is cruel; people are merciless because they don't pay interest. To conquer this,

there are programs through which we can train people that animals feel ache too and that it could

be risky to abuse an animal due to the fact that said animal should grow to be violent and hurt and

that is something which is unlawful to a positive extent. In the broadest sense, "animal cruelty”

encompasses a range of behaviours harmful to animals, from neglect to malicious killing. Most

cruelty cases investigated by humane officers are acts of unintentional neglect that can be resolved

through education2.

Intentional cruelty is abuse by way of which someone knowingly deprives an animal of food, water,

refuse, socialisation, or veterinary care or includes maliciously torturing, maiming, mutilating, or

1Arthur Schopenhauer, On the basis of morality (2001). 2Understanding animal cruelty: A study and activity guide for high-school students and their teachers. (2005). East

Haddam, CT: National Association for Humane and Environmental Education.

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killing an animal. “Abuse” occurs when a person causes an animal to suffer as a manner of

achieving dominance or a behavioural reaction. That individual does no longer always revel in

harming animals for harm’s sake. Instead, he or she is attempting to demonstrate force over an

animal or to control an animal’s actions. An example of animal abuse is when an animal instructor

whips an elephant to force the animal to perform circus hints. “Neglect” to animals takes place

when human beings fail to offer their animals with proper refuge, meals, water, attention, grooming,

or veterinary care. Cases of neglect are acts of omission instead of acts of commission and do not

give pleasure to the individual whose animals are neglected. An instance of neglect may be

determined within the home of a person who “collects” animals.

ANIMAL CRUELTY AND HUMAN VIOLENCE: A CRUCIAL NEXUS

There is and has been a need of a preferred public policy to save cruelty to animals. Cruelty to

animals is a criminal offence; consequently, it's far an offence towards the society. But it's far

inhumane of us and dangerous for the civility of our society that such offences primarily are not

noted by us, either due to the unawareness among each the offenders and the general public of the

laws or because of the insensitiveness of them. Limitless studies by specialists within the fields of

psychology, sociology and criminology have proven that violent offenders often have formative

years and adolescent histories of great and repeated animal cruelty. The FBI has recognized the

connection since the 1970s, when its analysis of the lives of serial killers suggested that most had

killed or tortured animals as children. Other research has shown consistent patterns of animal

cruelty among perpetrators of other forms of violence, including child abuse, spousal abuse and

elder abuse. In fact, the American Psychiatric

Association considers animal cruelty one of the diagnostic criteria of conduct disorder3. In his

childhood, self-confessed “Boston Strangler” Albert DeSalvo trapped dogs and cats in orange crates

and shot arrows through the boxes. Before he was ever charged with the murders of the thirteen

women he admitted to killing, DeSalvo himself was killed in prison. He had been serving time on

3Robert Casserly, Preventing Animal Abuse Daily Tidings, http://dailytidings.com/archive/preventing-animal-abuse

(last visited Feb 24, 2019).

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an unrelated rape conviction4. According to a New South Wales newspaper, a police study in

Australia revealed that “100 percent of sexual homicide offenders examined had a history of animal

cruelty5. To researchers, a fascination with cruelty to animals is a red flag inside the backgrounds

of serial killers and rapists. Another study, published in 2013, found that 43% of those who commit

school massacres also committed acts of cruelty to animals — generally against cats and dogs6.

Acts of cruelty to animals aren't mere indications of a minor character flaw within the abuser; they're

symptomatic of a deep mental disturbance. In fact, most people who are on death row for murder

have admitted to abusing animals as children7. People should understand that abuse to any residing

being is unacceptable and endangers absolutely everyone. Kids ought to be trained to take care of

and respect animals. After an extensive observation of the connections between animal abuse and

human abuse, two experts concluded, “The evolution of a more gentle and benign relationship in

human society might be enhanced by our promotion of a more positive and nurturing ethic between

children and animals”8.

RECORDED ACTS OF ANIMAL CRUELTY AND APPROPRIATE LAWS APPLICABLE

TO SUCH ACTS

Animals are as much part of this country as we are, they too have a fundamental right to live and

to be treated with care and dignity but there are some instances and appalling events that state

otherwise such as rape of the animal9,for which the punishment is mentioned in Indian Penal

4 Supra note 2 5Animal Abuse and Human Abuse: Partners in Crime, PETA (2017), https://www.peta.org/issues/animal-companion-

issues/animal-companion-factsheets/animal-abuse-human-abuse-partners-crime/ (last visited Feb 24, 2019). 6Animal Cruelty and Domestic Violence - The Link Between Cruelty to Animals and Violence Toward Humans,

Animal Legal Defense Fund, https://aldf.org/article/animal-cruelty-and-domestic-violence/ (last visited Feb 24,

2019). 7Arkady Bukh, The Link Between Animal Abuse and Serial Killers New York Criminal Attorney: NY Criminal

Defense - Bukh Law Firm (2015), https://www.nyccriminallawyer.com/the-link-between-animal-abuse-serial-killers/

(last visited Feb 24, 2019). 8Stephen R. Kellert and Alan R. Felthous, “Childhood Cruelty Toward Animals Among Criminals and

Noncriminals,” Human Relations 38 (1985): 1113-29. 9India Today Web Desk, Pregnant goat dies after 8 men gang-rape it in Haryana India Today (2018),

https://www.indiatoday.in/india/story/pregnant-goat-dies-after-8-men-gang-raped-it-in-haryana-1299168-2018-07-28

(last visited Feb 25, 2019).

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Code10, killing or mutilating animals in a cruel and merciless manner11 for which the penalty is

mentioned under the Prevention of cruelty to Animals Act 196012. Using Animals for the sole

purpose of entertainment which causes harm and gives an unfair monetary gain to such individual

using them13,which is a punishable offence14, using sick15 and employing animals unfit for work16,

torturing17 an animal and also beating, kicking, over-riding, over-loading and causing unnecessary

pain and suffering to any animal18, wilfully administering a drug or injurious substance19 to an

animal20 21 and also confining an animal in very small cages22, keeping an animal chained23 or

tethered for a long time24, being the owner abandons25 the animal and leaves it to die or starve26.

These instances and events showcase the need for better and more stringent animal protection laws

in India as they are on the rise and only through better implementation of the said laws can the

animals be brought to justice in the country.

10Indian Penal Code,16, IPC, §-429. 11Pti, 100 stray dogs culled in Telangana, case filed - Times of India (2018),

https://timesofindia.indiatimes.com/city/hyderabad/100-stray-dogs-culled-in-telangana-case-

filed/articleshow/64225363.cms (last visited Feb 25, 2019). 12The Prevention of Cruelty to Animals Act, 59, P.C.A Act, §-11, cl. (1)(l), (1960). 13SC Says Cockfights, Dogfights Must End - Blog, PETA India (2016), https://www.petaindia.com/blog/sc-says-

cockfights-dogfights-must-end/ (last visited Feb 25, 2019). 14he Prevention of Cruelty to Animals Act, 59, P.C.A Act, §-11, cl. (1)(n), (1960). 15Shweta Sengar, Delhi Police Seizes 4 Horses Used For Weddings After They Were Found Sick & Wounded (2018),

https://www.indiatimes.com/news/india/delhi-police-seizes-4-horses-used-for-weddings-after-they-were-found-sick-

wounded-348902.html (last visited Feb 26, 2019). 16The Prevention of Cruelty to Animals Act, 59, P.C.A Act, §-11, cl. (1)(b), (1960). 17Delhi: Man chops off puppy's legs in Dwarka, The Indian Express (2016),

https://indianexpress.com/article/cities/delhi/delhi-man-chops-off-puppys-legs-in-dwarka-4416377/ (last visited Feb

26, 2019). 18The Prevention of Cruelty to Animals Act, 59, P.C.A Act, §-11, cl. (1)(a), (1960). 19Neha Madaan, FIR lodged in dogs' poisoning case in Kothrud - Times of India (2017),

https://timesofindia.indiatimes.com/city/pune/fir-lodged-in-dogs-poisoning-case-in-

kothrud/articleshow/58601442.cms (last visited Feb 26, 2019). 20The Prevention of Cruelty to Animals Act, 59, P.C.A Act, §11, cl. (1)(c), (1960). 21 Indian Penal Code,16, IPC, §-429. 22The Prevention of Cruelty to Animals Act, 59, P.C.A Act, §-11, cl. (1)(e), (1960). 23Vijay Singh, Free Sunder: Keeping elephant chained is cruel, Bombay high court says - Times of India (2014),

https://timesofindia.indiatimes.com/home/environment/flora-fauna/Free-Sunder-Keeping-elephant-chained-is-cruel-

Bombay-high-court-says/articleshow/31352839.cms (last visited Feb 26, 2019). 24The Prevention of Cruelty to Animals Act, 59, P.C.A Act, §11, cl. (1)(f), (1960). 25The Prevention of Cruelty to Animals Act, 59, P.C.A Act, §11, cl. (1)(i), (1960). 26Moulika.KV, Abandoned by family for 9 days, dog starves to death - Times of India The Times of India (2018),

https://timesofindia.indiatimes.com/city/hyderabad/abandoned-by-family-for-9-days-dog-starves-to-

death/articleshow/66687653.cms (last visited Feb 26, 2019).

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ANIMAL WELFARE LAWS ALL OVER THE WORLD

Animal cruelty is a menace borne not only by India but also by other countries, who have setup

laws and statutes to protect animal rights in their own different ways. Such as:

United Kingdom: The animal welfare law of United Kingdom has stricter consequences for both

cruelty and negligence of animals. Punishments include a lifetime ban from owning pets, a fifty one

week maximum prison term, and fines amounting up to £20,00027.

New Zealand: New Zealand is a global chief in animal welfare receiving a normal A grade. The

rights of animals in New Zealand is covered under the Animal Welfare Act of 199928 and the

Animal Welfare Strategy of 2013. Those legislations lay emphasis on New Zealand's role as an

international chief in animal welfare and its desires to keep innovative stances in clinical and

technological advances in regards to animal welfare. The Act sets out the obligations of animal

owners or people in charge of animals. They have to meet an animal's physical, health, and

behavioural needs, and must alleviate pain or distress. The Act defines 'physical, health, and

behavioural needs' as:

• proper and sufficient food and water

• adequate shelter

• the opportunity to display normal patterns of behaviour

• appropriate physical handling

• protection from, and rapid diagnosis of, injury and disease29

Germany: The animal welfare act30 in Germany has made it an offence for whoever wilfully causes

agony, damage, suffering or neglect to an animal. There is a specific listing of prohibited acts

27Expert Participation, Animal Welfare Act 2006 Legislation.gov.uk,

https://www.legislation.gov.uk/ukpga/2006/45/contents (last visited Feb 26, 2019). 28Animal Welfare Act 1999, Broadcasting Act 1989 No 25 (as at 21 March 2017), Public Act – New Zealand

Legislation, http://www.legislation.govt.nz/act/public/1999/0142/latest/DLM49664.html (last visited Mar 4, 2019).\ 29Ministry for Primary Industries, Animal welfare Fisheries | MPI - Ministry for Primary Industries. A New Zealand

Government Department. (2019), https://www.mpi.govt.nz/law-and-policy/legal-overviews/animal-welfare/ (last

visited Mar 4, 2019). 30Tierschutzgesetz, GERMAN CRIMINAL CODE, http://www.gesetze-im-internet.de/tierschg/index.html (last

visited Mar 4, 2019).

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which includes damage, pressure-feeding other than for fitness functions, overloading,

abandonment, suffering, and causing significant pain. Although the term "animal" isn't used within

the act, there are references to fish, vertebrates, amphibians, cephalopods, reptiles, Warm-blooded

animals and cold-blooded animals. The German Constitution was amended in 2002 to encompass

the protection of animals as an undertaking for the nation. Germany obtained grade B from World

Animal Protection in 201431.

Netherland: In keeping with worldwide requirements, the Netherlands has moderately sturdy

animal protections. The Netherlands changed its Animal and Welfare act 1992 with The animals

act 201132, which came into force in 2013. The act functions anti-cruelty and duty of care provisions

which might be additionally relevant to farm animals. The usage of first rate apes for experiments

is illegitimate in addition to trying out cosmetics on animals as per with European animal welfare

policies. The country received a grade B from Global Animal Protection in 2014.

Hong Kong: Prevention of Cruelty to Animals Ordinance Cap.16933 in Hong Kong governs the

welfare of food animals, partner animals, and laboratory animals. Cruelty may be inflicted within

the shape of abuse, neglect, inappropriate care and fighting. The ones caught violating the regulation

are vulnerable to a first-class of two hundred thousand Hong Kong dollars and imprisonment for

three years.

Sweden: In Sweden, cruelty to animals because of negligence or on purpose is an offence consistent

with the Country's Penal Code34. Such protections extend to all animals. The country's Welfare Act

1988 presents that animals be protected from ailments, pointless struggling and be treated well. The

act consists of other distinct requirements such as enough space, food, care, and water. Unlike, the

EU's slaughter requirements, Sweden does no longer grant exemptions for kosher slaughter.

31Animal Protection Index, World Animal Protection International, https://www.worldanimalprotection.org/ (last

visited Mar 4, 2019). 32Wet dieren, wetten.nl - Regeling - Grondwet - BWBR0001840, https://wetten.overheid.nl/BWBR0030250/2013-01-

01 (last visited Mar 4, 2019). 33Hong Kong e-Legislation, https://www.elegislation.gov.hk/hk/cap169 (last visited Mar 4, 2019). 34Swedish Animal Welfare Act, (1988).

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India: The Constitution of India castes a fundamental duty towards its citizens which states that ”to

protect and improve the natural environment including forests, lakes, rivers and wild life, and to

have compassion for living creatures”35,which means to have a duty of care towards animals and

requests the citizens to not cause unnecessary pain and suffering to the biodiversity and the animals

living in it. The inclusion of fundamental duties in the Constitution of India, was done to provide

valuable assistance in the interpretation and resolution of legal and constitutional issues36. Also

Article 48 provides that “The State shall endeavour to organise agriculture and animal husbandry

on modern and scientific lines and shall, in particular, take steps for preserving and improving the

breeds, and prohibiting the slaughter, of cows and calves and other milch and draught cattle”37.

Here the Indian Constitution imposes a responsibility on the state to preserve and safeguard the

rights of animals against slaughter, scientific experiments etc. “Article 51A (h) of the Constitution

of India says that it shall be the duty of every citizen to develop the scientific temper, humanism

and the spirit of inquiry and reform. Particular emphasis has been made to the expression

“humanism” which has a number of meanings, but increasingly designates as an inclusive

sensibility for our species. Humanism also means benevolence, compassion, mercy etc. Citizens

should, therefore, develop a spirit of compassion and humanism. To look after the welfare and well-

being of the animals and the duty to prevent the infliction of pain or suffering on animals highlights

the principles of humanism in Article 51A (h). Both Articles 51A (g) and (h) have to be read into

the PCA Act”38.

The Indian Parliament has also enacted various other laws in order to protect the animals from harm

such as § 429 of Indian Penal Code 1860, Prevention of Cruelty to Draught and Pack Animals,1965,

Licensing of Farriers Rules, 1965,Transport of Animals, Rules, 1978, Transport of Animals on Foot

Rules, Transport of Animals(Amendment) Rules, Registration of Cattle Premises Rules, Capture

35The Constitution of India, Article 51A, Cl.(g) 36State of Gujarat v. Mirzapur Moti Kureshi KassabJamat and Ors.,(2005) 8 SCC 534, ¶ 52. 37 The Constitution of India, Article 48 38Animal Welfare Board of India v. A. Nagaraja & Ors., CIVIL APPEAL NO. 5387 at *80, (SC May.7, 2014)

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of Animals Rules, Slaughter House Rules, The Wildlife Protection Act, 1972 and most importantly

the Prevention of Cruelty to Animals Act, 1960(PCA Act)39.

LACUNAE IN INDIAN LAWS

The concept of animal welfare continues to be at an embryonic stage in India, but, the latest host of

debates and deliberations in the jallikattu problem did enlighten the general public approximately

regarding the animal rights and confirmed the intensifying awareness of animal rights in India. The

cruelty to animals as a way of animal sacrifice which is an archaic practice in India and in spite of

regulatory framework this atrocious exercise is given a valid hue in the name of religion. In spite

of our wealthy history of admire and expertise in the direction of animals, there has been a

burgeoning inhumane treatment towards animals throughout India's metros and amongst our youth.

Appalling videos that depict atrocities towards animals automatically surface simply to be forgotten

once the media hurricane around them dies down. This is indicative of a deep rooted lacuna in our

system at a legislative level itself. The prevention of cruelty to animals act became a landmark

judgment brought into force in 1960 with the purpose of curtailing atrocities toward animals. But,

it has honestly failed to maintain up with the times. Violations under this act come underneath the

category of non-cognizable bailable offences, which roughly interprets into the truth that violators

commonly get off with a mere slap on the wrist. The quantity of the fine has been set between Rs

50 and Rs 10040, which is likewise something that is redundant since a long period of time.

None of the recent governments has made any efforts to amend this archaic law. There are also

hardly any convictions in cases related to cruelty towards animals. According to the newly amended

Indian Animal Welfare Act,2011 the offender shall be punishable in the case of a first offence,

with fine which shall not be less than ten thousand rupees but which may extend to twenty five

thousand rupees, or with imprisonment up to 2 years, or with both, and in the case of a second or

subsequent offence, with fine which shall not be less than fifty thousand rupees but may extend to

one lakh rupees, and with imprisonment for a term which shall not be less than one year but may

39Nikhil Yadav, CRUELTY TO ANIMALS: PROTECTION DYNAMISM IN INDIAN LEGAL SYSTEM, 2, JCIL,

April (2016), http://jcil.lsyndicate.com (last visited Mar 9, 2019). 40The Prevention of Cruelty to Animals Act, 59, P.C.A Act, -11, cl. (1)(o), (1960).

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extend to three years41. It’s far pertinent to say right here that such fines like ten, fifty, hundred or

two hundred are nearly equivalent to negligible in the current state of affairs and neither is that of

1 thousand rupees is that powerful. Such a problem comes to pass because of the ignorance of lack

of knowledge of the rules and political powers among the legislators as it is imperative to mention

here that the act was formulated in 1960 when the value of the rupee was adequately high. The

value of 1 pound during that period was equal to 13 rupees today whereas now the value of an

English Pound is equal to 91 rupees. Hence, the penalty today is grossly inadequate for the offence

committed. Thus, the fine had a restraining effect in the 1960s but today it fails to have that effect

as the felon will have no remorse after committing that wrongful act as he would have no objection

in paying such a negligible fine.

JUDICIAL PERSPECTIVE ON ANIMAL WELFARE

Animal Welfare Board V. A Nagaraja: In this case, the animal welfare board of India (AWBI) has

shed light into the customs and practices regarding cruelty and torture of animals for human

entertainment. It's been debated that animal usage in events like jallikattu, bullock-cart race and

other activities are cruel and are violative of § 3, 11(1) (a), 21 and 22 of prevention of cruelty to

animals act, 1960. Noting the lack of international agreements and covenants ensuring the welfare

of animals, the Supreme Court opined that from the national and international perspective, every

species has an inherent right to live and shall be protected by law, subject to the exception provided

out of necessity. Animal has also honour and dignity which cannot be arbitrarily deprived of and

its rights and privacy have to be respected and protected from unlawful attacks42. Moreover, the

Supreme Court has pushed that each species has an inborn right to live and shall be secured by law,

subject to the special case given out of need. Animal has also honour and respect which cannot be

subjectively denied of and its rights and protection have to be be respected and secured from illegal

assaults.

“The Supreme Court has held that 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. Article 21 of the Constitution,

41Indian Animal Welfare Act, (2011). 42Paiker Nasir & Shruti Jane Eusebius, Training of Trainers Workshop to Build Master Trainers on Prevention of

Cruelty to Animals Act, 1960.

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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 (emphasis supplied). 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...Right to dignity and fair treatment is,

therefore, not confined to human beings alone, but to animals as well...Animals have also a right

against the human beings not to be tortured and against infliction of unnecessary pain or

suffering43.”

Gauri Maulekhi V. Union of India: Here the Supreme Court of India, i.e. W.P. (civil) no.881 of

2014 filed by the petitioner Gauri Maulekhi vs. Union of India and others, the apex court passed an

order dated July 12, 2015 to frame guidelines to save animals from being smuggled out of India to

places like Nepal where huge-scale animal sacrifices take place during the gadhimai festival. The

allegation made was that buffaloes were purchased in markets and kept there in unhygienic

situations and were transported in appallingly abominable conditions to Nepal where they have

been slaughtered in large numbers.

The Supreme Court granted a stay of such transportation to Nepal. It also constituted a committee

to suggest solutions to stop these cruelties from being perpetrated on animals. The court then

directed the suggestions of the committee to be taken into account and that rules with regard to

livestock markets and connected issues be also notified. On July 12, 2016, the Supreme Court by

the way of a final order directed the Union government to frame rules under § 38 of the PCA44.

Also in the case of Gauri Maulekhi V State of Uttarakhand and Ors. The Hon’ble High Court of

Uttarakhand held that “Killing of an animal is not one of those actions mentioned in § 11 (1) of the

Act. However, § 11(3)(e) of the Act provides as follows:

43Uday Shankar, Do Animals Have A Right Under Article 21 of the Constitution of India? – Comment on Animal

Welfare Board of India Case, Bharti Law Review, Oct. – Dec., (2014), at 67. 44N.L. Rajah, Debunking myths about the cattle rules The Hindu(2017), https://www.thehindu.com/opinion/op-

ed/debunking-myths-about-the-cattle-rules/article19127828.ece (last visited Mar 10, 2019).

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“Nothing in this § shall apply to –

(e) the commission or omission of any act in the course of the destruction or the preparation for

destruction of any animal as food for mankind unless such destruction or preparation was

accompanied by the infliction of unnecessary pain or suffering.” Therefore, by reason of § 11(3)(e)

of the Act, commission or omission of any act in course of destruction of any animal should be

deemed to be treating the animal in question cruelly, unless, of course, such destruction was aimed

at arranging food for mankind. Even for such purpose unnecessary pain or suffering cannot be

inflicted. In as much as treating animals cruelly entails punishment of fine and imprisonment too,

it goes without saying, that destruction or killing of animal, other than for arranging food for

mankind, is barred. § 28 of the Act makes it clear that such destruction or killing, in the manner

required by religion of any community, shall not render it an offence. Therefore, for the purpose of

arranging food for mankind, if an animal is sacrificed, the same may be sacrificed in the manner

followed by the religion of any community, but such sacrifice should only be for the purpose of

arranging food for mankind and for no other purpose”45.

People for Animals v. Mohazzim and Ors.: This case was related to the confinement of birds.

Colored photographs were filed on behalf of the NGO people for animals showing that the birds

were kept in small cages although it wasn’t sure whether or not their wings and tails have been

sheared or not. No order was passed for them to be released in the open sky. Lots of birds are

subjected to pain and suffering as their owner kept them in small cages and sold them within the

market for his own gain with no regard to statutory and constitutional provisions and their(birds)

right to live with dignity.

The Court held that “running the trade of birds is in violation of the rights of the birds. They deserve

sympathy. Nobody is caring as to whether they have been inflicting cruelty or not despite of settled

law that birds have a fundamental right to fly and cannot be caged and will have to be set free in

the sky. Actually, they are meant for the same. But on the other hand, they are exported illegally in

foreign countries without availability of proper food, water, medical aid and other basic amenities

required as per law. Birds have fundamental rights including the right to live with dignity and they

45Gauri Maulekhi Vs. State of Uttarakhand and Ors. W.P. (PIL) No. 77 of 2010 With People for Animal Dehra Dun,

Dehradun Vs. State of Uttarakhand and Ors. W.P. (PIL) No. 73 of 2010 [ High Court of Uttarakhand at Nainital]

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cannot be subjected to cruelty by anyone including claim made by the respondent. Therefore, I am

clear in mind that all the birds have fundamental rights to fly in the sky and all human beings have

no right to keep them in small cages for the purposes of their business or otherwise”46.

STEPS NEEDED TO TACKLE THE MENACE THAT IS ANIMAL CRUELTY

Spreading Awareness: It all starts with us. That is the reason it is very important for us to always

keep our eyes and ears open and look out for the animals around us. It would be possible to prevent

animal cruelty if the citizens are aware and properly know how to handle the situation and

preventing the abuser from harassing other creatures. And for that purpose, human beings should

be aware of the seriousness of animal cruelty and with those incidences which they may observe in

everyday life. If a person abuses an animal in any form it should be the responsibility of the public

in his vicinity observing the act to report the wrongful act to the appropriate authorities in order to

bring the animal justice and spread awareness that animal cruelty is a serious and a wrongful act

for which if found guilty the wrong doer would be appropriately punished under the provisions

created by law regarding animal cruelty. Thus, Law plays a vital role and people should be aware

of the basic laws pertaining to animal welfare for example; there are several instances in daily life

where it can be seen that animals are chained or tethered especially cattle and dogs for a

significantly long amount of time. This act of chaining an animal for an unreasonably long time

amounts to cruelty under PCA47. Similarly It is imperative for people to be able to correctly

recognize the acts of animal abuse and cruelty, like:

• Tick or flea infestations. Such a condition, if left untreated by a veterinarian, can lead to an

animal's death.

• Wounds on the body.

• Patches of missing hair.

• Extremely thin, starving animals.

• Limping.

46People for Animals Vs. Mohazzim and Ors., 2015 (3) RCR (Criminal)94 [ High Court of Delhi] 47 Supra note-24

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• An owner striking or otherwise physically abusing an animal.

• Dogs who are repeatedly left alone without food and water, often chained up in a yard.

• Dogs who have been hit by cars-or are showing any of the signs listed above-and have not been

taken to a veterinarian.

• Dogs who are kept outside without shelter in extreme weather conditions.

• Animals who cower in fear or act aggressively when approached by their owners48.

EFFECTIVE CHANGES NEEDED IN THE PREVENTION OF CRUELTY TO ANIMALS

ACT 1960

Based on the analysis of the insufficient PCA, certain amendments are necessary to ensure effective

prevention of cruelty against animals.

• Increasing the fifty-rupee penalty: The present penalty of fifty rupees can hardly be considered

to be adequate in light of the multiple offences committed under §11 of the PCA in the present

times. Thus, there is a need to increase the penalty to the extent that it can be deemed as

sufficient49. “G. Dowlath Khan, an inspector with SPCA (Society for Prevention of Cruelty to

Animals) for the past 33 years, said outdated legal provisions, the abysmally low fine amount and

a shortage of inspectors had resulted in increased cruelty towards animals of late.”50

• Animal Welfare Act 2011: The Animal Welfare Board of India has drafted an Draft Animal

Welfare Act which has covered almost all of the necessary rectification that are to be made in the

present PCA Act, 1960, thus it should be brought into force by the parliament in place of the PCA

Act as soon as possible. Currently the penalty for cruelty to animals is between Rs 10 to 50 for

48Top 10 Ways to Prevent Animal Cruelty. (n.d.). Retrieved

fromhttp://www.emichigancity.com/cityhall/departments/animal/(last visited march 12, 2019) 49Abha Nadkarni & Adrija Ghosh, Broadening the Scope of Liabilities for Cruelty against Animals: Gauging the

Legal Adequacy of Penal Sanctions Imposed, 10 NUJS L. REV (2017) 50P. Oppili, Cruelty to animals on the rise The Hindu (2016), https://www.thehindu.com/news/cities/chennai/cruelty-

to-animals-on-the-rise/article5076494.ece (last visited Mar 12, 2019).

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the first offence, which may go up to Rs 100 for a subsequent offence or up to three months in

prison51.The bill if enacted it will greatly improve the menace of animal cruelty as it contains

provisions for stricter penalties, which range from rupees 10,000 to 25,000, imprisonment for

upto two years or both for the first offence. For a second offence its rupees 50,000 to 1 lakh and

imprisonment upto three years maximum. The draft bill is greatly improved and advanced version

of the PCA Act. It provides for appropriate penalties in accordance with the present times and if

brought into force. As mentioned in the preamble of the draft bill itself “This law intends to

modify the approach of our authorities in dealing with animal protection by moving from a

defensive position to a positive, welfare and wellbeing oriented approach through the Draft

Animal Welfare Act, 2011. Some of the salient features of the draft enactment are:

• Augmenting animal welfare and wellbeing;

• Strengthening animal welfare organisations, and conscientious citizens who wish to espouse the

cause of animal welfare and wellbeing;

• Enhancing penalties for animal abuse;

• Altering and enlarging the definition of animal abuse, in keeping with the times, and in keeping

with judicial pronouncements52.

These changes will not only help in voicing the rights of animals but it would also become helpful

in granting remedies when there is a violation of their rights, also it would increase general

awareness about the rights animals possess as sentient beings.

CONCLUSION

In the course of this paper we have attempted to shed light on a crucial topic which should be given

its due importance in every nation and even our own. Animal cruelty is an issue that demands to be

addressed urgently. Proper enactment, awareness and investigations is imperative and go long way

in bringing animals to justice and also to protect the society because as mentioned above through

various incidences it is evident that the people who practice or indulge in acts of animal cruelty or

abuse are highly likely to cause harm to humans around them and hence are a risk to the society.

51 Supra note-39 52Animal Welfare Act 2011, 105, Ministry of Environment and Forest.

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The Constitution of our country imposes certain duties on the citizens, one of which states that all

citizens should have compassion for all living creatures. The duty signifies that the animals have

an intrinsic worth in the eyes of the constitution makers and the people and are also sentient beings

able to feel pain and discomfort just like everyone else. They don’t have to merely exist for serving

humans and don’t have a life of their own. Hence, it starts with us to treat them with utmost respect

and should not disparage them but work towards their care and protection. One might also be of the

view that in assessment to few of the international laws the stand of the ‘legal system’ in India is

strong in regards to animal cruelty and promotes animal welfare. And in the cases where there has

been cruelty to animals the Indian judiciary has heard and stood for the rights of the animals. But

no law is perfect and India is no exception in that regard as it also has faults and lacunae that need

to be addressed in order to safeguard the rights of animals and prevent them from being violated by

imposing appropriate penalties against such violations. Furthermore, it is the citizens who play the

most crucial role in voicing the rights of the voiceless as proper reports, filing complaints and media

based interventions which will lead to effective investigation and the solution to the problem can

be devised in a much more coherent manner by the authorities. In the end it all boils down to

individual effort and their devotion towards the issue. This can be very well understood by the

words given by Milan Kundera “Humanity's true moral test, its fundamental test…consists of its

attitude towards those who are at its mercy: animals.” 53

53Kundera, M. (1986). The unbearable lightness of being.

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