Animal Cruelty In India: Is Our Law Taking Crimes Against Animals Seriously

 

Article 21 of Indian constitution, which protects the ‘Right to Life’ does not pertain only to human life, it "includes all forms of life, including animal life" - said the Supreme Court of India.

But the reality is very diffirent. Brutal crimes against animals such as- a dog raped with a screwdriver in Goa, a monkey hung and beaten to death in Telangana, a pregnant goat was gang raped by eight men in Haryana, a street dog beaten, tied to a scooter and then thrown off the second floor of a building in Ludhiana, sixteen puppies poisoned by nursing students in Kolkata, a man in an inebriated state poured acid on five new born puppies and their mother in Uttar Pradesh, a pregnant elephant in Kerala died after consuming fruit loaded with firecrackers, etc.  

Every day we come across such cases where the lives and rights of these living creatures are seriously harmed or tortured by sadistic individuals just for pleasure; sometimes to customs (as it is believed that without the presence of these animals, many customs are incomplete); or sometimes for no apparent reason.

Numerous incidents of animal cruelty have been brought into light through social media in recent years. Horrifying and heart wrenching image of animal cruelty has become so routine and regular that the people, no longer feel shocked or embittered by such inhuman acts perpetrated against innocent defenceless creatures.

Animal cruelty is widespread in India, despite the country’s efforts to protect and safeguard animal rights. There are many instances of animal cruelty on a daily basis that are not being reported. Fact says cruelty towards animals is rarely reported. As a result, the real animal abuse statistics numbers are way higher than one can imagine.

Abuse against animals has different faces. It can be intentional, like in factory farming or lab testing, or the complete neglect of an organization or a pet owner. Whatever the case, the animal abuse facts and statistics keep rising. Another harsh truth is, some selfish and money-minded people sell body parts of animals for their personal gains.

On paper, India has laws to prevent crimes against animals. Our Constitution casts a duty on every citizen to show compassion towards animals and the Prevention of Cruelty to Animals Act, 1960 punishes all kinds of crimes against animals – with a fine of just Rs 50.

Is our law taking crimes against animals seriously?

WHAT IS ANIMAL CRUELTY,

According to the THE PREVENTION OF CRUELTY TO ANIMALS ACT, 1960 made by Indian government; animal cruelty includes –

Beating (kicking, punching), driving over an animal, over loading weights on animal, torturing animal, subjecting an animal to the pain and sufferings.

Employing animal in an employment which is likely to cause infirmity, wound, sore to the animal

Wilfully giving injurious drugs or injurious substances to the animal.

Carrying an animal in a vehicle in such a position which is likely to cause unnecessary pain and suffering to the animal.

Keeping animals in confined places or cages where they cannot move properly.

Keeping animals chained for a long time, using heavy and very short chains.

Keeping a dog chained for a long time and being an owner neglecting it.

Owner not providing animals enough food, water and shelter.

Owner abandons the animal in such a place where it is more likely to cause pain and suffering to the animal due to thirst and starvation.

Wilfully letting animals free on streets knowing animals are ill and will die on the street.

Being an owner offering an animal for sale which is suffering from pain because of mutilation (violent and disfiguring injury) , starvation, thirst, overcrowding or ill treatment.

Inflecting any violent or disfiguring injury to the animal or killing an animal by using strychnine injections in the heart or in any other unnecessarily cruel manner.

If any person for entertainment,                                 

confines any animal to make an object of prey for the other animal, and

incites any animal to fight or bait any other animal

encouraging violent behaviour of any animal to fight or bait any other animal.

Working and engaging in the business of animal fight and betting over animal fights.

Promoting or taking part in a shooting competition where animals are released for the purpose of shooting.

No person can train or exhibit the animal without taking proper permission from the respective authority.

STATISTICS OF ANIMAL CRUELTY CASES IN INDIA,

India has been witnessing a continues spike in animal cruelty cases. According to a report released by the Federation of Indian Animal Protection Organisations (FIAPO) and All Creatures Great and Small (ACGS)- 4,93,910 animals were involved in various occurrences between 2010 and 2020.

The study lists 258 cases of crime against wild animals and birds, 720 cases of crime against street animals, 741 cases of crime against working animals, 588 cases of crime against companion animals, 88 cases of crime against farm animals.

A total of 1,000 assault incidents were recorded, of which 82 were sexual assault, 266 involved cold-blooded murder, and over 400 involved violent assaults such as beatings, kicks, torture, acid or boiling water throws, body mutilations, and attacks with blunt objects or knives. Of the incidents that were recorded, 20 involved child assault.

According to their findings, street animals, including stray dogs, are one of the biggest victims of animal abuse, which include mass culling.

Varda Mehrotra, Executive Director, FIAPO said - “The cases that we documented in this report revealed horrors of violence against animals, and yet these are only the tip of the iceberg – most cases are never reported. Because they are animals, people tend to underplay the violence by calling it cruelty. But it’s more than cruelty. It’s physical abuse; it’s psychological abuse; it’s rape; it’s murder. Severe crimes against animals must be treated as felony,”

The report estimates that an average of 5 animals die every day. But because of lack of reporting, the actual figures could be at least 10 times higher, which means 50 animal deaths every day – amounting to at least 2 animals being killed every hour in India. This does not include animal deaths in slaughterhouses, zoos, laboratories, and deaths by accidents or human negligence.

The National Crime Records Bureau (NCRB) reports data on all types of crimes in the country through its annual ‘Crime in India (CII)’ report. It groups crimes under special & local laws (SLL) like the ‘Prevention of Cruelty to Animal act’ and does not provide data specific to crimes registered under each of these laws. Hence the latest year-wise data on the number of cases booked under the ‘Prevention of Cruelty to Animal act’ is not available.

However, the government told the parliament in 2016 that as many as 7853, 14235 and 2265 cases were registered under this act during 2012-13, 2013-14 and 2014-15 respectively. A total of 11,950 persons were convicted in 2012-13, 20,164 in 2013-14, and 3,801 persons were convicted in 2014-15. It must be noted that data for many states was not provided in this parliamentary answer.

The matter doesn't stop here, our global textile and apparel industry kills billions of animals every year. Fast fashion is cruel toward animals and endangers ecosystems.

Every day, farm animals and endangered species are brutally trapped, enslaved, and slaughtered to produce cheap and trendy garments. And businesses that profit of animal cruelty don't want you to see how they make the suffering of living beings a commodity.

INDIAN LAWS DEALING WITH ANIMAL CRUELTY,

Prevention of cruelty to animals has been listed in the Concurrent List which means both the Union and State Governments have the power to enact legislation in this matter.

There are broadly three animal protection laws in India, viz. Section 428 & 429 of the Indian Penal Code (IPC).

The Wildlife Protection Act of 1972, and Prevention of Cruelty to Animals (PCA) Act, 1960. Besides the three, there are other laws such as The Performing Animals Rules,1973, The Transport of Animals Rules, 1978, and The Experiments On Animals( Control And Supervision) Rules,1968,  which are specific to certain activities.

Under Sections 428 & 429 of IPC, causing mischief by killing or maiming any animal worth ten rupees or more is a cognizable offence which fetches a punishment of two years in prison, a fine, or both. If any designated animal of any worth or that worth Rs. 50 or more is killed or maimed, the punishment is up to five years in prison and/or a fine.

The PCA Act, 1960 provisions empower law enforcement agencies, animal welfare workers, and citizens who care for animals to take action against the culprits. As far as animal welfare laws are concerned, all acts of cruelty are covered under Section 11 of the Act. Section 11 of the PCA Act, 1960 deals with various forms of cruelties and atrocities perpetrated on both, domesticated and wild animals. This section has 16 sub-sections dealing with the different forms of cruelty, under which a person is liable for a fine of ten rupees, which may extend to fifty rupees. Whereas, in the subsequent offence, i.e. the offence committed within three years of the previous offence, shall be punishable with three months imprisonment and a minimum fine of twenty-five rupees which may extend up to one hundred rupees.

Despite legislation and rules against animal cruelty, India constantly witnesses unnatural deaths of animals across the country. Nevertheless, surprisingly, India ranked second in the Global Animal Protection Index, 2020. However, the index highlighted the works that are required to be done in India to include dairy animals under protection. Also, the index suggested to improve cruelty considerations in the Prevention of Animal Cruelty Act, 1960.

WHY ARE ANIMAL CRUELTY LAWS NOT STRICTLY ENFORCED IN INDIA,

Restrictions by the Indian Government to secure animal rights, there are several provisions under the PCA Act, 1960 which provide complete protection to animals against any form of cruelty but are mostly considered outdated, with low penalty; as PCA act has not been revised since 1960.

Their lack of implementation has led to an increase in the number of animal cruelty cases. While, in almost all progressive countries, there are strict laws to save the animals from the infliction of unnecessary pain and suffering, or in other words, to prevent man from behaving cruelly to animals. India may learn from nations like the UK, whose penalties include a lifetime ban from possessing pets, a maximum prison sentence of 51 weeks, and a fine of up to £20,000.

Article 52A (g) of the Constitution of India states that it is the fundamental duty of every Indian citizen to protect and improve the natural environment including forests, lakes, rivers, and wildlife, and to have compassion for living creatures.

And......under Section 11 (1) (a) to (o) of The Prevention of Cruelty to Animals Act, an Act of the Parliament of India, beating, overriding, keeping or confining any animal in any cage, mutilating or killing any animal, among many others, amounts to cruelty on animals and is punishable by law.

This is written in our Constitution. Unfortunately it is almost completely ignored not only by civilians but also by the Government and Law bodies themselves.

While cruelty to pets and animals is a punishable offence, the Prevention of Cruelty to Animals Act, 1960, levies a measly fine of just Rs10 to Rs100 and, when talking about our stray dogs, it says overriding or killing is punishable by Law. But what is the punishment- a fine of just Rs 50 (per life). Means, the culprits can easily get away with killing, maiming, beating a stray animal for a fine of merely fifty rupees.

With the fine so low, our laws are not acting as a deterrent.

In fact, laws can never succeed alone.

In the wake of these heinous crimes against animals, there is a strong need for deeper attention and knowledge about the existing laws and their implications. We have to understand that animals also have a right to live without fear or pain like us.

Notwithstanding such a large number of laws the drive will just come when individuals work together with every living creature's common sense entitlement bodies and associations and endeavors to ad lib the pitiable state of creatures. Organisations such as the SPCA and PETA, which are working for animal rights, can achieve a lot if they receive help from local organisations and the public in general. Aside from this, legislature and non-government organizations can find a way to amend the framework.

HOW TO FILE A COMPLAINT?

It is the responsibility of every citizen to protect animal rights. Any person who witnessed the cruelty against an animal can report the matter to a local police station or SPCA (Society for the Prevention of Cruelty to Animals) and seek their help in enforcing the law for punishing the offender. If the police are unresponsive, then a complainant can reach a nearby NGO like PETA (People for the Ethical Treatment of Animals), and they will assist to take a stand against animal cruelty.

Animal cruelty complaints can be directly reported to:

Local police station.

SPCA (Society for the Prevention of Cruelty to Animals).

Senior Government officials at the State or District Animal Welfare Board.

Area MLA.

A person can file an FIR against the culprit and provide police with a concise written statement and photograph of the situation (if available). A culprit can be charged under Sections 428 and 429 of the IPC, both are regarded as cognizable and bailable offences.

WLOR: According to Section 50(4) of the Wildlife Protection Act, 1972, a Wildlife Offence Report (WLOR) can be filed. A WLOR is nothing but the first report submitted in the jurisdictional Court in wildlife crime cases, and they are at par with First Information Report (FIR). In wildlife cases, an investigation will start only after seizing the material or appropriating the evidence, and subsequently, it will lead to registering a wildlife offence.

However, there is still a long way to go in truly developing a solid foundation for animal law in India. The provisions for animal protection in the Indian Constitution remain principles instead of concrete law enforceable in courts. The penalties under the Prevention of Cruelty to Animals Act 1960 for cruelty against animals are simply not strict enough to truly deter crimes against animals. The law is not strictly enforced and contains several provisions which provide leeway through which liability can be escaped. Extensive reforms need to take place in this regard to provide a stronger animal protection law for India.