ari2a24 ‘Animal cruelty and the Arimal Welfare Board in India -Plsaders
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Animal cruelty and the Animal Welfare Board in
India
By Diva Rai - August 4, 2021
Image source - https://bit.ly/3itRhWx
This article is written by Arundhati Roy, an intern of RTI Cell, iPleaders.
Table of Contents =
. Introduction
. Atrocities against animals
. The Prevention of Cruelty to Animals Act, 1960 and its implementation
. Animal Welfare Board of India
. The Constitution of India
. Supreme Court on Animal Rights
'. Conclusion
. References
OPNaNuswWNHe
Introduction
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In India, cruelty towards animals is ubiquitous. Despite India being a country where
animals are considered holy and worshipped since time immemorial, the fact that innocent
animals are subjected to brutality manifests the pathetic condition of our society, which is
not just devoid of compassion but the onset of an era where humanity is on the verge of
decline. As per the report submitted by the Federation of Indian Animal Protection
Organization (FIAPO) and All Creatures Great and Small (ACGS), 4,93,910 animals were
treated with cruelty and became the victims of the crime committed by humans. This data
consists of the crimes which took place from 2010 to 2020. However, the compilation has
been made only of the reported cases; on the other hand, there is a profusion of
unreported cases which never came to light.
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The FIAPO presented the report titled “In their Own Right - Calling for Parity in Law for
Animal Victims of Crime,” unparalleled documentation of brutality and cruelty inflicted on
innocent animals by humans. Animals are a victim of various crimes, including rape,
murder, beating, stone pelting, kicking, attacking with sticks, poisoning, wrapping them in a
plastic bag, and suffocating them to death:
These are a macabre series of acts that the animals have to face every day at the hands of
humans. Pertinently, the laws in India for safeguarding and protecting the animals such as
the Constitution of India, Prevention of Cruelty to Animals Act, 1960 (PCA Act), Indian
Penal Code (IPC), Wildlife Protection Act, 1972, Prevention of Cruelty to Animals
(Slaughterhouse) Rules, 2001, etc. to name a few have done a little in actually protecting
the animals. In addition to this, the Animal Welfare Board of India has been established
under Section 4 of the Prevention of Cruelty to Animals Act, 1960 with the sole purpose of
formulating and regulating animal laws in India, suggesting time to time changes in animal
laws and safeguarding the animals from any form of cruelty, The present article has been
written to expose the predicament of animals in our country and critically analyze the laws
enacted to protect animals against the barbaric acts inflicted upon them,
Atrocities against animals
The FIAPO has mentioned in its report that all the acts inflicted upon the animals were
gruesome and intentional acts of violence that either caused the death of the animal or an
irreparable injury, Some of the dreadful instances of violence documented by the FIAPO
includes a dog who was raped in Goa with a screwdriver; a monkey hung and beaten to
death in Telangana, a street dog not just beaten but tied to a scooter and then thrown off
from the second floor of a building in Ludhiana, nursing students in Kolkata poisoned
sixteen puppies. Moreover, there is no cessation in the commission of such barbaric acts
against innocent animals.
The report goes on revealing about 1000 cases of assault which came to light wherein they
have recorded 82 cases of sexual abuse, 266 cases of cold-blooded murders, and more
than 400 cases of merciless attacks of throwing acid or boiling water, beating, torturing,
kicking, lacerating their body parts, assaulting them with a knife or sharp glass, feeding
them with poison, glueing them with firecrackers and then bursting such crackers, literally
burning alive the animals. This points towards the wide-ranging methods of murdering
animals such as burying them alive, being beaten to death, being injected with chemical
shots, strangulating them by ropes and barbed wires, suffocated, stoned, and left to die
with their limbs and mouth tied.
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It is to be noted that the report makes shocking disclosure as it says that it has recorded
20 cases of assault by children, and the year 2019 marks the year with the highest number
of atrocities against animals. According to their data, mass culling drives were conducted
across the country, which caused the killing of more than 4230 dogs. The report further
highlighted that as per their findings, the street animals, especially stray dogs, form a
substantial part of the target of animal abuse and mass culling.
Noteworthy to say that these are a mere handful of cases that were reported or somehow
discovered; however, the real scenario is definitely not at par with the data available as
most cases are never reported. What is disturbing is that regardless of how horrific or cruel
these stories are, they are covered by the media or appear in newspapers & social media,
animal lovers get agitated, file complaints, or try to find the accused, but eventually, a few
days later, people forget about it these incidents. They either scroll past these stories or
turn the page of their newspapers; that's it! There is no action against these animal
abusers or murders of animals even though there's a law, the Prevention of Cruelty to
Animals Act, 1960, which only exists and does nothing.
The year 2019 saw some of the horrendous cases wherein a tigress in the State of Uttar
Pradesh was savagely beaten with sticks, and most notably, the act took place with her
under a protected zone of the Pilibhit Tiger Reserve. One such cruel act came to light when
a nilgai (antelope) video being pushed into a pit in Bihar and buried alive got viral. The
story of a ‘Serial Dog Killer’ in New Delhi who allegedly beat, stabbed, and killed three dogs
and a puppy had created quite a stir. Another video went viral wherein two children were
throwing a dog in a pond after tying his legs. It is perturbing to see how sadistic people
have become that they are obtaining pleasure from torturing these innocent animals and
the extent that they either die or get permanent impairment for their lifetime. The point of
concern is that these people upload these videos on TikTok to gain followers, and Tiktok
allows such gruesome videos to be uploaded.
Recently in 2020, series of heinous acts of cruelty took place, which consists of killing
pregnant elephant in Kerala, a pregnant cow from Himachal Pradesh, and a Jackal from
Tamil. What is common in these 3 cases is the means used for harming them severely by
feeding them with edibles that had explosives inside them. The explosives that exploded in
their mouths not just injured them grievously but instead gave them a painful death.
The National Crime Records Bureau, which prepares an annual report of crimes committed
in India and further provides state and district-wise information on murders, thefts, assault,
sexual abuse and harassment of women and children, violent crimes, does not collect any
data about crimes of cruelty against animals. It is significant to note that as per Hindu
mythology, cow, elephant, tiger, lion, bull, snake, monkey are worshipped besides the
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deities; however, at the same time, animals are treated with such inhumane behavior,
which draws our attention to the very fact that the law has failed to safeguard the lives of
these animals. Also, according to the Bombay Society for prevention of Cruelty to Animals
(BSPCA), during five years, 19028 cases of animal cruelty were recorded, but the data
collated by them revealed that there were no such arrests or convictions
The Prevention of Cruelty to Animals Act, 1960
and its implementation
The Prevention of Cruelty to Animals Act, 1960 was passed by the Parliament and received
the assent of the President on 26th December 1960, The sole objective for the enactment
of this Act lies in the statement, which reads as, “An Act to prevent the infliction of pain or
suffering on animals and for that purpose to amend the law relating to the prevention of
cruelty to animals.” These words clearly define the purpose behind the formulation of this
Act which is to punish the persons severely who treat animals with cruelty and inflict pain
upon them. Section 4 of the Act provides for the establishment of an Animal Welfare Board
of India in a way to extend protection against animals from unnecessary pain or suffering,
Section 11 of the Act has been enshrined to identify the varied forms of cruelty to animals.
Nevertheless, the Act fails to provide an exhaustive code for the protection of animals from
cruelty, as the punishments prescribed by it are way too lenient. People who treat animals
cruelly are punishable only with a fine of Rs 10, extending to Rs 50 on first conviction. At
the same time, a subsequent conviction within three years of the commission of a previous
offense is punishable with a mere fine of Rs 25, which may extend to Rs 100 or
imprisonment of 3 months or with both, In addition to this, the Government has been given
the power to forfeit or seize or destroy the animal. Any contravention of any order passed
by the Committee with respect to experimentation on animals is punishable with a fine up
to Rs 200.
The Prevention of Cruelty to Animals Act, 1960, was enacted during the colonial period and
is an ancient law. The penalties prescribed by the said Act are not strict enough to deal with
the prevailing condition. The law fails to truly deter the crimes against the animals
Furthermore, there has been a lacuna in the implementation of the Act, which gives leeway
to the animal abusers, thereby getting away with crimes of cruelty becomes easy for the
culprits,
Animal Welfare Board of India
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The Animal Welfare Board of India is a statutory advisory body on Animal Welfare Laws and
promotes welfare in the country. It was established in the year 1962 under Section 4 of the
Prevention of Cruelty to Animals Ac6, 1960 (No. 59 of 1960). It is to be noted that the
Animal Welfare Board of India was started under the stewardship of Late Smt. Rukmini Devi
Arundale. The Board has been set up to ensure that animal laws in the country are
diligently followed, provide grants to animal welfare organizations, and the Government of
India on animal welfare. It is considered the face of the ‘Animal Welfare Movement’ in the
country for the last 50 years.
The Board consists of 28 members, including people from humanitarian backgrounds,
Society for the prevention of cruelty to Animals, Animal Welfare Organizations,
representative of Indian Board of Wildlife, a representative from Indian Veterinary
Association, representative of Indian medicine, representative of allopathic medicine. The
provision has been so made to include all these above-mentioned people to form the
members of the Board so that animal welfare in all perspectives can be achieved in the
truest sense. Section 9 of the Prevention of Cruelty to Animals Act, 1960 lays down the
functions of the Board, One of the Board’s key functions, as per section 9(a), is to keep the
law in force for the prevention of cruelty to animals under constant study and advise
Government on the amendments to be undertaken in any such law from time to time,
However, the Board has failed to perform its foremost duty as no amendment has been
made until now in the Animal laws to deal with the increasing cases of cruelty or punish
such animal abusers. It is with utter dismay to say that the Board has not been able to
achieve the very objective for which it came into existence under the PCA Act, 1960. The
animal welfare laws enshrined under the PCA Act, 1960 are so ancient that it fails to
provide welfare of the animals. If the records are perused, animal cruelty in varied forms
has been taking place everywhere in the country since the PCA Act, 1960 came into force
and till now. If one goes on to find how many offenders have been punished for their acts
of cruelty till now, not a single one. All of the offenders escape punishment with so much
ease that even if they keep on repeating the same acts of cruelty, they are not held liable
for such an act. Needless, to say that the PCA Act, 1960 as well as the Animal Welfare
Board only exists for the sake of legislation. Otherwise, they have no other role to play.
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The Constitution of India
The Constitution of India has imbibed in the form of Fundamental Duty under Article 51A,
“the duty of every citizen of India to protect and improve the natural environment,
including forests, lakes, rivers, and wildlife, and to have compassion for all living creatures.”
Article 48A of the Constitution, which consists of the Directive Principles of State Policy,
acts as a supplement to the constitutional duty of animal protection. Article 48A reads,
“The State shall endeavour to protect and improve the environment and to safeguard the
forests and wildlife of the country.” Even though the above-mentioned provisions of the
Constitution are not directly enforceable in the court of law, they can be interpreted by
bringing them into the scope of Right to life under Article 21 of the Constitution, which is a
fundamental right and has judicial enforceability. Regardless of these duties and directives
of the Constitution, the animals in India suffer mercilessly at the hands of humans
Supreme Court on Animal Rights
In the matter of Animal Welfare Board of India vs. Nagraja & Ors., the Supreme Court of
India in 2014 had held “Jalikattu as cruelty to Bulls” and banned the same. The Court had
observed that “Jallikattu, Bullock Cart Race and such event per se violate Sections 3, 11(1)
(a) and 11(1)(ii) of the PCA Act.” It was declared by the Court that "the rights guaranteed
to the Bulls under Sections 3 and 11 of the PCA Act read with Articles 51A(g) & (h) cannot
be taken away or curtailed.” Significantly, the Court has held that the scope of Article 21 of
the Constitution, which enshrines the Right to life, extends to animals as well in the
following words, " Article 21 of the Constitution, while safeguarding the rights of humans,
protects life and the word “life” has been given an expanded definition and any disturbance
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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.”
Conclusion
To conclude, it can be said that the present animal laws in India are not strict enough to
penalize the offenders of animal cruelty. Also, the laws are not adequate to meet the
requirements as per changing times. India should take the example of Austria, which is
considered as the safest and best country for animals in the world.” The laws in Austria are
some of the strictest animal welfare laws. The penalties provided by the Austrian Animal
welfare Act 2004 in case of violation ranges from $2420 to $18,160 in cases of extreme
cruelty. In India, beating animals brutally is reported to be the most common form of
assault, followed by their incarceration and then maiming them. Almost 70% of animal
cruelty cases are not discovered by the people or covered by the newspapers or media
houses.
This proliferation of cruelty towards animals has made their lives not just miserable but has
given them a lifetime of mental agony and suffering. Humans who are considered as the
friends of animals have become their biggest enemies. It is the need of the hour that we
get away with our animal laws, which have continued since the British era. The existing law
that stipulates a fine of mere Rs 50/- makes it evident how valuable an animal life is
considered. Recently, in 2021 a draft proposal has been made to bring major amendments
in the PCA Act, 1960. The Draft proposes a penalty up to Rs 75000/- or three times the
cost of an animal with a term of imprisonment up to 5 years or both for different crimes
against animals. Pressing priority should be given to legislate more stringent laws, including
raising the number of monetary penalties to safeguard the life of the animals.
In view of the prevailing circumstances, it is essential to bear in mind that strict laws are
not sufficient to prevent animals from cruelty, but steps should be undertaken to impart the
children with qualities such as kindness, morality, compassion, empathy towards animals
and treat them with respect. The Supreme Court in India had ordered each and every
state to establish a State Animal Welfare Board in Geeta Seshamani v. Union of India in the
year 2008. The States should comply with the said order and take the initiative to protect
the lives of innocent animals while penalizing the offenders. Every citizen should
acknowledge that “Animals too have Right to life” and endeavour should be taken by each
one of us along with the Central and the State Government to make the lives of animals
cruelty-free and make this world a better place for them
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References
* https: //www.indiatimes.com/news/india/animal-cruelty-cases-india-overall-534574.html
* https: //www.newindianexpress.com/nation/2020/jun/19/humans-losing-humanity-
rising-instances-of-animal-cruelty-in-india-land-where-they-are-worshipped-
2158506.html
+ https://www.animallaw.info/article/overview-animal-laws-india
* https: //scroll.in/article/987579/despite-a-history-of-violence-against-animals-india~
does-not-have-a-formal-record-of-this-cruelty
+ https://www.tribuneindia,com/news/ludhiana/animals-too-have-the-right-to-live-
without-pain-42939
* https://www.google.com/url?
‘=j&url=https://www.indiacode.nic.in/bitstream/123456789/11237/1
+ http://www.awbi.in/about. htm!
sa=t&source=web&re!
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