Tune into this quick byte where LawWiser takes you through the “Analysis Of Prevention Of Cruelty To Animals Act 1960”.
In the video, Prabhjot Singh will take you through some crucial sections in the Act. And also through case that has raised questions about the safety of defenseless animals, highlighted through “Animal Welfare Board of India v. A. Nagaraja & Ors”.
He also takes us through the proposed amendments by FIAPO (Federation of Indian Animal Protection Organizations).
Analysis Of Prevention Of Cruelty To Animals Act 1960
Many feel the attacks against defenseless animals have become normalized now. Although, some prominent rules and regulations are implemented for their protection and their overall well-being. There is still a long road ahead for its implementation and guaranteeing protection to the animals.
Prevention of Cruelty to Animals Act, 1960 (the Act), aims to prevent the infliction of unnecessary pain or suffering on animals.
This Act focused on animal welfare and was India’s first piece of legislation on animal welfare. It lists down offenses and aims to protect animals from unnecessary pain and suffering.
1. Sec 2(a) of the Act has established the list of animals for the offenses relating to cruelty. The list is comprehensive which includes not only mammals but also birds and reptiles.
2. Sec 4 to 10 of the ‘Prevention of Cruelty to Animals, 1960″ lay down the constitution of animal welfare boards and the funding criteria.
3. Sec 11 of the Act explains ways of cruelty to animals, such as clause (1) says that-
“Beats, kicks, runs over, drives over, loads over, tortures or otherwise treats any animal by causing unnecessary pain or suffering.”
4. There are certain exceptions in which the killing is exemptible as clause (1) explains that-
“Where the owner is convicted of an offense already which harmed the animal, the court with an intention to eliminate the suffering and pain of that animal can permit the killing of such animal by assigning to a person.”
Recently, there have been many instances in which highlight the increase in animal cruelty widened its scope.
One such prominent instance came to light wherein a man dragged a stray dog with his car until the leading to death, and it showed leading to gruesome cruelty to an animal.
A journalist discovered the dog’s body, which was allegedly hauled to a distance after its limbs were attached to a vehicle.
In Animal Welfare Board of India v. A. Nagaraja & Ors, the court ordered that Governments and Animal Welfare Board must protect the ‘five animal rights’ in India which includes-
1. Freedom from hunger and thirst;
2. Freedom from discomfort;
3. Freedom from pain, injury, and disease;
4. Freedom from fear and distress and
5. Freedom to express normal behavior.
FIAPO (Federation of Indian Animal Protection Organizations) has also recommended some amendments as described below:-as:-
1. The Punishment should be extended to 3 months with a fine of Rs 3750.
2. The Punishment for “Gruesome Cruelty” should be minimum of 1 year extended up to three years with a fine of Rs 50,000.
“Gruesome Cruelty” includes emasculation, permanent privation of one eye, permanent disfiguration of head or face, fracture or dislocation of bone or tooth.
3. Apart from the proposed amendments discussed above, FIAPO has also recommended deleting Sec 28 of PCA that protects the killing of an animal regulatory religion.
FIAPO has recommended some bold steps to assure the safety of animals. It is high time that Prevention of Cruelty to animal act should statutorily regulate laws in favor of animals such as “Right to Life of Animals,” which was further discussed in the ‘Supreme court in the animal welfare board of India vs. A Nagaraja and ors in 2014.