AN ANALYSIS IN LIGHT OF ANIMAL CRUELTY AND IT’S LAWS

– THE KERALA ELEPHANT CASE.

“You’ll be able to make indefinite laws but laws alone can never succeed

without a way of responsibility and timely amendments as the people behind

such acts of animal cruelty actually belong in prison for their evil actions,

because in some unspecified time in the future these people will most

certainly move from animals to children.”

05th June 2020 | Authored by Tejas Parab, A Mumbai based Lawyer.

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 INTRODUCTION.

 GIST OF THE INCIDENT.

 LEGAL PROVISIONS ASSOCIATED WITH ANIMAL CRUELTY IN INDIA

 APPROACH LED DOWN BY BHAGWAD GITA.

 PERSONAL OPINION.

 CONCLUSION.

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INTRODUCTION

 This article provides a sweeping overview of the laws prevailing in India

to guard Animal Cruelty in context of the recent Kerala Elephant Case

which occurred on May 27, 2020 wherein the elephant was succumbed

to its wounds after chewing on an explosive stuffed pineapple.

 This article begins with an Introduction and Gist of the incident before

proceeding to a summary of the present state of the law because it

relates to animals.   The Article then explores the approach led by

Bhagwad Gita in reference to animal cruelty.   It then concludes with a

discussion of the long run of animal rights, specifically the kinds of

reforms needed to strengthen it.

GIST OF THE INCIDENT

 The gruesome incident and a cowardly act which happened on May 27,

2020 at Thiruvizhamkunnu forest section in Kottopadam grama

panchayat which shook the whole nation wherein the elephant had

chewed on an explosive stuffed pineapple that went off in its mouth.

The injured animal then stood in Velliyar River together with her mouth

and tongue destroyed within the explosion where it died a painful

death.

 A day after the Kerala government ordered probe into this case while

the foremost shocking part was revealed during the post-mortem of the

elephant. The doctor who undertaken the post mortem said that this

was the primary time he was so moved as he could hold the foetus of

the baby in his hands. Initially, he never thought the elephant was

pregnant. After he had seen its heart then happen to ascertain the

ammonic fluid did he realize that it's pregnant. However, it's claimed

that locals allegedly fed a cracker-filled pineapple to the elephant.

 LEGAL PROVISIONS ASSOCIATED WITH ANIMAL

CRUELTY IN INDIA

In India on a routine numerous incidents of animal brutality are

witnessed however they're totally ignored and thus no interrogations or

arrests are being made. Animal protection laws aren't strictly enforced

in India. For a widespread action to be taken, it's important for all

people to acquaint ourselves with the exiting animal protection laws, in

order that the loopholes are often filled in, and therefore the laws are

often made properly applied. Below is a list of animal protection laws in

India:

 SECTION 428 IN THE INDIAN PENAL CODE

428. Mischief by killing or maiming animal of the value of ten

rupees.—Whoever commits mischief by killing, poisoning, maiming or

rendering useless any animal or animals of the value of ten rupees or

upwards, shall be punished with imprisonment of either description for

a term which may extend to two years, or with fine, or with both.

 SECTION 429 IN THE INDIAN PENAL CODE

429. Mischief by killing or maiming cattle, etc., of any value or any

animal of the value of fifty rupees.—Whoever commits mischief by

killing, poisoning, maiming or rendering useless, any elephant, camel,

horse, mule, buffalo, bull, cow or ox, whatever may be the value
 thereof, or any other animal of the value of fifty rupees or upwards,

shall be punished with imprisonment of either description for a term

which may extend to five years, or with fine, or with both.

 SECTION 9 IN THE WILD LIFE (PROTECTION) ACT, 1972

9. Prohibition of hunting.—No person shall hunt any wild animal

specified in Schedules I, II, III and IV except as provided under section

11 and section 12.]

 SECTION 11 OF THE PREVENTION OF CRUELTY TO ANIMALS ACT,

1960

provides that if any person allows, or himself beats, kicks or tortures,

in any way, any animal subjecting it to unnecessary pain and suffering

will be liable to pay a fine of up to Rs. 50. in case of repetition of the

offence, the fine will increase or an imprisonment for 3 months will be

granted.

 ARTICLE 48A IN THE CONSTITUTION OF INDIA 1949

48A. Protection and improvement of environment and

safeguarding of forests and wild life. The State shall endeavour to

protect and improve the environment and to safeguard the forests and

wild life of the country.

 ARTICLE 51A(G) IN THE CONSTITUTION OF INDIA 1949

 (g) to protect and improve the natural environment including forests,

lakes, rivers and wild life, and to have compassion for living creatures;

APPROACH LED DOWN BY BHAGWAD GITA.

TEXT 16:

karmanah sukrtasyahuh

sattvikam nirmalam phalam

rajasas tu phalam duhkham

ajnanam tamasah phalam

TRANSLATION:

By acting in the mode of goodness, one becomes purified. Works wiped

out the mode of passion end in distress, and actions performed within

the mode of ignorance end in foolishness.

PURPORT

 Animal life is usually miserable, although, under the spell of the

illusory energy, maya, the animals don't understand this. Slaughtering

poor animals is additionally because of the mode of ignorance. The

animal killers don't know that in the future the animal will have a body

suitable to kill them. That’s the law of nature.

 In human society, if one kills a person he has got to be hanged. that's

the law of the state. Due to ignorance, people don't perceive that there's

an entire state controlled by the Supreme Lord. Every living creature is

that the son of the Supreme Lord, and He doesn't tolerate even an ant’s

is killed. One has to pay for it. So, indulgence in animal killing for the

taste of the tongue is that the grossest kind of ignorance.

PERSONAL OPINION.

 It's been claimed by several others alongside an Indian Forest Service

officer continue to mention that, there are false claims and there have

been no intentions to downplay the brutal act as nobody would have

fed the pineapple to the elephant. The animal must have found it lying

somewhere and must have consumed it herself not knowing what lies

ahead for her while pineapples crammed with firecrackers are used as a

snare to catch wild boars that destroy the crops.

 However, if we carefully examine the laws associated with animal

cruelty then in Section 428 & 429 of The Indian penal code, the word

“any animal’’ and Section 9 within the Wild Life (Protection) Act, 1972,

the word “any wild animal” has been mentioned and thus, it clearly

indicates that when it involves any kind of cruelty like killing, poaching,

trapping, poisoning, or harming in the other way, of any wild animal or

bird, such criminal acts against innocent animals are not any different

than acts of meditated murder against other humans and will be

 punishable under these appropriate laws and thus The Kerala Elephant

Case comes under the purview of the above sections and thus a

punishable act.

 In recent years, New Delhi has earned the title of “Rape Capital” of

India. Taking into consideration the widespread incidents of Animal

Cruelty the day isn’t far enough when India is historically recognized as

the Nation of Animal Cruelty.

CONCLUSION

 In India it might be seen that a way of purpose is missing when it

involves incidents of animal cruelty. The very fact when it involves

animal cruelty is that neither the legislature is unduly bothered nor the

people of this nation generally. Had this been a case of a Rape then

thus far you'd have witnessed reactions qualitatively different but these

actions can’t be seen when it involves gruesome incidents of animal

cruelty and particularly an event just like the Kerala Elephant Case.

 You’ll be able to make indefinite laws but laws alone can never succeed

without a way of responsibility & amendments. The people behind such

acts of animal cruelty actually belong in prison for his or her actions,

because at some point these people will most certainly move from

animals to children.
 “As long as men massacre animals, they're going to kill one another.

Indeed, he who sows the seeds of murder and pain cannot reap joy and

love.” – Pythagoras.

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If you'd like our assistance to require any action against Animal Cruelty

within the current environment or for any longer information or queries on

this subject please contact Tejas Parab who is a Mumbai based Lawyer by

phone (9137 309 336) or email (tparab451@gmail.com). 

Tejas Parab.

May 2020.