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Animal Law - Unit 3 - Sec1 Notes
Animal Law - Unit 3 - Sec1 Notes
Animal Law - Unit 3 - Sec1 Notes
UNIT 3 Notes
Sec1
The Prevention of Cruelty to Animals Act, 1960, provides definitions for various terms
used within the Act to clarify its scope and application. Here are some key definitions
provided by the Act:
1. Animal:
• The term "animal" includes any living creature other than a human being, and any
reference to an animal includes its young.
2. Captive Animal:
• A "captive animal" refers to any animal in captivity, whether or not it has been tamed
or domesticated.
3. Cruelty:
• "Cruelty" refers to any act of treating any animal in a manner likely to cause
unnecessary pain or suffering, or to kill any animal in a manner that causes
unnecessary pain or suffering.
4. Animal Welfare Board:
• The "Animal Welfare Board" refers to the Animal Welfare Board of India established
under the Act.
5. Committee:
• "Committee" means the Committee for the Purpose of Control and Supervision of
Experiments on Animals established under the Act.
6. Owner:
• The term "owner" includes any person who is the possessor or has custody of any
animal, whether permanently or temporarily, or is responsible for the care and
protection of the animal.
7. Performer:
• A "performer" refers to any person who uses any animal for the purpose of any
entertainment to which the public is admitted through the sale of tickets.
8. Training Establishment:
• A "training establishment" means any establishment at which animals are trained or
kept for the purpose of training them for the entertainment of the public.
9. Veterinary Practitioner:
• A "veterinary practitioner" means a person who is registered under the Indian
Veterinary Council Act, 1984, and is entitled to practice veterinary medicine.
These definitions help in understanding the provisions of the Act and in determining the
responsibilities and obligations of individuals and organizations regarding the
prevention of cruelty to animals and the promotion of their welfare.
1. Establishment:
• The Animal Welfare Board of India was established in 1962 under Section 4 of
the Prevention of Cruelty to Animals Act, 1960. It operates under the Ministry of
Fisheries, Animal Husbandry, and Dairying, Government of India.
2. Composition:
3. Functions:
4. Activities:
• The Animal Welfare Board of India undertakes various activities to fulfill its
mandate, including:
• Conducting awareness campaigns and educational programs on animal
welfare.
• Organizing workshops, seminars, and training sessions for stakeholders
involved in animal care and management.
• Collaborating with government agencies, NGOs, and international
organizations to address issues related to animal welfare.
• Conducting research and studies on topics relevant to animal welfare and
cruelty prevention.
• Responding to complaints of animal cruelty and taking appropriate action
in coordination with law enforcement agencies.
5. Funding:
• The Animal Welfare Board of India is funded by grants from the Central
Government as well as donations and contributions from individuals and
organizations committed to animal welfare.
The Animal Welfare Board of India plays a crucial role in advocating for the humane
treatment of animals and ensuring that laws and regulations related to animal welfare
are effectively implemented and enforced across the country.
The Act defines cruelty to animals as any act or omission that causes
unnecessary pain or suffering to an animal. This includes:
Employing any animal that, by reason of its age or any disease, unfit for
work.
2. Prohibition of Mutilation:
The Act prohibits the mutilation of animals, including the docking of tails,
cropping of ears, and other surgical alterations, except under certain
specified circumstances and by a qualified veterinary practitioner.
2. Functions:
3. Composition:
• CPCSEA develops and issues guidelines, standards, and protocols for the conduct
of experiments on animals, covering aspects such as housing, feeding, handling,
anesthesia, euthanasia, and record-keeping.
• These guidelines are designed to ensure the humane treatment of animals and
the scientific validity of research outcomes.
Overall, CPCSEA plays a critical role in ensuring that experiments on animals in India
are conducted ethically, responsibly, and in accordance with established guidelines and
legal requirements. Its efforts aim to balance the need for scientific advancement with
the protection of animal welfare.
5.Performing animals
Performing animals are those that are trained or used for entertainment purposes, such
as in circuses, zoos, theme parks, or other public performances. The use of performing
animals raises various ethical and welfare concerns, leading to regulatory oversight in
many jurisdictions. Here's an overview of performing animals and relevant regulations:
1. Definition:
2. Welfare Concerns:
• The use of performing animals raises concerns about their physical and
psychological welfare. Training methods, living conditions, transportation, and
performance environments can all impact the well-being of performing animals.
• Animals may be subjected to stressful training methods, confinement, social
isolation, and inappropriate housing conditions, which can lead to physical and
behavioral problems.
• The traveling nature of many performing animal shows can also result in long
periods of confinement in transport vehicles, inadequate exercise, and exposure
to extreme temperatures.
3. Regulation:
• Many countries have regulations and guidelines governing the use of performing
animals to ensure their welfare and protection. These regulations may vary in
scope and stringency but generally aim to:
• Set standards for the care, housing, and handling of performing animals.
• Establish requirements for the training and supervision of handlers and
trainers.
• Limit the types of animals that can be used in performances and the
duration and frequency of performances.
• Require permits or licenses for individuals or organizations that use
performing animals.
• Regulatory bodies, such as animal welfare agencies or government departments,
oversee compliance with these regulations and may conduct inspections and
audits of facilities and performances.
• Animal welfare organizations play a significant role in advocating for the welfare
of performing animals and raising awareness about the issues associated with
their use.
• These organizations may conduct investigations, campaigns, and outreach efforts
to educate the public and policymakers about the ethical and welfare concerns
related to performing animals.
• Some animal welfare organizations may also work with governments and
industry stakeholders to develop and enforce regulations that protect
performing animals.
5. Alternatives:
• In recent years, there has been growing interest in promoting alternatives to the
use of performing animals, such as animal-free entertainment, virtual reality
experiences, and educational programs that showcase animals in their natural
habitats.
• These alternatives offer opportunities for entertainment and education while
minimizing the impact on animal welfare and promoting conservation efforts.
Overall, while the use of performing animals remains a contentious issue, efforts to
improve regulations, raise awareness, and promote alternatives are helping to advance
the welfare of animals in entertainment settings.
6.Offences and Penalties
Under the Prevention of Cruelty to Animals Act, 1960, there are various offences related
to cruelty towards animals, and corresponding penalties are prescribed for each
offence. Here are some common offences and the penalties associated with them:
1. Cruelty to Animals:
• Offence: Any act of treating any animal cruelly, including beating, kicking,
overworking, or torturing animals, or failing to provide adequate food, water,
shelter, or medical care.
• Penalty: Violation of this provision can result in imprisonment for a term which
may extend to three months, or with a fine which may extend to fifty rupees, or
with both.
2. Mutilation of Animals:
4. Cruelty by Owners:
• Offence: Exhibiting or training any animal for exhibition without obtaining the
necessary permission from the prescribed authority.
• Penalty: Violation of this provision can result in imprisonment for a term which
may extend to three months, or with a fine which may extend to five hundred
rupees, or with both.
7. Other Offences:
• Other offences under the Act include abandonment of animals, causing animals
to fight, or any act or omission resulting in unnecessary pain or suffering to
animals.
• Penalties for these offences vary depending on the nature and severity of the
violation, but typically include fines and/or imprisonment.
It's important to note that penalties may vary depending on the jurisdiction and the
specific circumstances of each case. Additionally, repeat offenders or those found guilty
of aggravated cruelty may face more severe penalties.
Oxytocin has been misused in the dairy industry to increase milk production in lactating
animals artificially. However, its improper administration can have adverse effects on
animal health and welfare, including uterine contractions, reproductive disorders, and
mastitis.
2. Health Risks:
Oxytocin residues in milk and dairy products can pose health risks to consumers,
including hormonal imbalances, allergic reactions, and other adverse effects.
3. Regulatory Measures:
In response to concerns about the misuse of oxytocin, the Government of India has
taken regulatory measures to prohibit its manufacture, sale, and use for veterinary
purposes.
Oxytocin is classified as a Schedule H drug under the Drugs and Cosmetics Act, 1940,
and its manufacture and distribution are strictly regulated by the Central Drugs
Standard Control Organization (CDSCO) and State Drug Regulatory Authorities.
Violations of the ban can result in penalties, including fines, cancellation of licenses, and
imprisonment under the relevant provisions of the Prevention of Cruelty to Animals Act,
1960, and the Drugs and Cosmetics Act, 1940.
Overall, the ban on the use of oxytocin in animals in India reflects the government's
commitment to animal welfare, public health, and the promotion of ethical and
sustainable practices in agriculture and livestock management.
1. Circuses:
• Zoos and theme parks often showcase animals for public entertainment and
education purposes. While some facilities prioritize animal welfare and
conservation, others may subject animals to inadequate housing, confinement,
and exploitation.
• Some jurisdictions have introduced regulations or guidelines to ensure that zoos
and theme parks maintain high standards of animal care and welfare, including
requirements for enclosure size, enrichment, veterinary care, and visitor
interaction.
• Bans on certain types of animal performances or exhibitions may be
implemented to protect animals from exploitation and ensure their well-being in
captive environments.
• Marine parks and aquariums that feature dolphins, whales, seals, and other
marine animals in shows and performances have faced criticism over concerns
about animal welfare and ethical concerns.
• Some countries have introduced legislation to prohibit or restrict the capture,
importation, and use of cetaceans and other marine mammals for entertainment
purposes, recognizing the complex needs and social structures of these species.
4. Legal Frameworks:
Overall, the prohibition of animals for entertainment reflects society's evolving attitudes
towards animal welfare and ethical considerations in the use of animals for human
entertainment. It aims to ensure that animals are treated with respect, dignity, and
compassion, and that their welfare is prioritized in all forms of entertainment.
9. Use of Animals in Business
The use of animals in business encompasses a wide range of activities in which animals
are utilized for commercial purposes. This includes agriculture, transportation, tourism,
entertainment, research, and various other industries. Here's an overview of the use of
animals in business:
1. Agriculture:
• Animals are commonly used in agriculture for tasks such as farming, plowing
fields, harvesting crops, and providing labor for agricultural activities.
• Livestock such as cattle, sheep, goats, pigs, and poultry are raised for meat, dairy,
eggs, wool, and other animal products.
2. Transportation:
• Animals have historically been used for transportation, such as horses, mules,
camels, and elephants for riding, pulling carts, and carrying loads.
• While mechanization and modern transportation have reduced the reliance on
animal transportation in many parts of the world, animals are still used for
transportation in some regions, particularly in rural areas and for specific
purposes.
• Animals are often used in tourism and entertainment industries, such as in zoos,
aquariums, marine parks, safari parks, and wildlife sanctuaries.
• Animal-based attractions may offer opportunities for visitors to observe, interact
with, or ride animals for entertainment or educational purposes.
• Animals are used in scientific research and testing for medical, pharmaceutical,
cosmetic, and other purposes.
• Laboratory animals, including mice, rats, rabbits, guinea pigs, and non-human
primates, are commonly used in biomedical research to study diseases, develop
treatments, and test the safety of new drugs and products.
• Animals such as dogs are trained for security, law enforcement, and search and
rescue purposes.
• Police dogs, military working dogs, and detection dogs are used to detect
explosives, drugs, and other contraband, as well as to track suspects and missing
persons.
• Animals are sometimes used in product testing and development for consumer
goods, agricultural products, and industrial chemicals.
• Animal testing may involve assessing the safety, efficacy, and potential hazards
of products on animals before they are marketed or released for public use.
Overall, while animals continue to play important roles in various aspects of business
and industry, there is increasing awareness and concern about animal welfare, ethical
considerations, and the responsible use of animals in commercial activities. Efforts to
promote animal welfare, minimize cruelty, and explore alternative practices are
essential for ensuring the ethical and sustainable use of animals in business.
10. Use of Animals in Food
The use of animals in food production encompasses various practices involving the
breeding, raising, slaughtering, and processing of animals for human consumption.
Here's an overview of the use of animals in food:
1. Livestock Production:
• Animals such as cattle, pigs, poultry (chickens, turkeys, ducks), sheep, and goats
are raised for meat production (beef, pork, poultry, lamb, goat), as well as for
other products like milk, eggs, and wool.
• Livestock may be raised in various systems, including intensive indoor farming,
free-range systems, pasture-based systems, and organic farming, with different
welfare implications and environmental impacts.
2. Dairy Farming:
• Cows, goats, and buffaloes are primarily raised for milk production, which is
processed into various dairy products such as milk, cheese, yogurt, butter, and
ice cream.
• Dairy farming practices may involve indoor or outdoor housing, feeding of
natural or supplemented diets, and milking using manual or automated systems.
3. Egg Production:
• Chickens and other poultry species are raised for egg production, with different
systems including battery cages, cage-free systems, free-range systems, and
organic production.
• Eggs are consumed as a source of protein and are used in various food products
such as baked goods, pasta, and sauces.
4. Aquaculture:
• Fish, shrimp, and other aquatic species are raised in aquaculture facilities for
human consumption.
• Aquaculture practices include freshwater and marine farming systems, such as
ponds, tanks, cages, and raceways, with different species and production
methods used worldwide.
• The use of animals in food production raises ethical concerns related to animal
welfare, cruelty, and the treatment of sentient beings.
• Environmental sustainability issues, such as land use, water consumption,
greenhouse gas emissions, and biodiversity loss, are also associated with animal
agriculture and food production.
Overall, while animals play a significant role in food production and contribute to global
food security and nutrition, there is increasing awareness and debate about the ethical,
environmental, and health implications of animal-based food systems. Efforts to address
these concerns include promoting alternative protein sources, reducing meat
consumption, improving animal welfare standards, and transitioning to more
sustainable and humane farming practices.
1. Draft Animals:
Draft animals, such as horses, mules, donkeys, oxen, and camels, have
been traditionally used to pull carts, wagons, sleds, and plows, as well as
to carry loads or passengers over long distances.
These animals are trained to work in harnesses or saddles and are often
used in agriculture, forestry, mining, and rural transportation.
2. Riding Animals:
Riding animals, including horses, ponies, donkeys, and camels, are used
for recreational riding, transportation, tourism, and cultural events.
Riding animals may also be used for work-related purposes, such as
herding livestock or patrolling remote areas inaccessible by vehicles.
3. Pack Animals:
Pack animals, such as horses, mules, donkeys, llamas, and yaks, are
trained to carry loads or supplies on their backs or in packsaddles.
Pack animals are commonly used in mountainous or rugged terrain where
vehicles cannot access, as well as for trekking, hiking, and expedition
travel.
4. Working Animals:
Working animals, such as sled dogs, reindeer, elephants, and water
buffalo, are employed for various tasks related to transportation,
agriculture, forestry, construction, and tourism.
These animals may pull sleds, haul timber, plow fields, transport goods, or
provide rides to tourists in urban or rural settings.
5. Assistance Animals:
Assistance animals, including guide dogs, therapy animals, and service
animals, provide mobility assistance, emotional support, or therapeutic
benefits to individuals with disabilities, medical conditions, or
psychological needs.
7. Ethical Considerations:
The use of animals in transport raises ethical considerations about the
welfare, safety, and rights of animals, particularly in cases where animals
are subjected to overwork, exhaustion, injury, or mistreatment.
Critics argue that some forms of animal transport may pose risks to animal
welfare, such as long-distance transport in crowded or poorly ventilated
conditions, exposure to extreme weather conditions, or inadequate rest
and hydration.
Overall, while animals continue to play a role in transportation in various
parts of the world, there is ongoing debate and scrutiny about the ethical
implications and welfare considerations of using animals for human
purposes. Efforts to improve animal welfare standards, enforce
regulations, and promote alternatives to animal transport are essential for
addressing these concerns and ensuring the humane treatment of animals
involved in transport activities.
12.IPC Provision ( Sec 428 , 429)
Section 428 and Section 429 of the Indian Penal Code (IPC) deal with offences related to
Mischief by killing or maiming an animal, and it states as follows:
Section 428: Mischief by killing or maiming animal of the value of ten rupees:
Section 429: Mischief by killing or maiming cattle, etc., of any value or any animal
of the value of fifty rupees:
These sections aim to protect animals from malicious harm or damage and provide legal
recourse for offences committed against animals. The severity of the punishment
depends on the value of the animal and the nature of the offence, with higher penalties
prescribed for more serious acts of cruelty or destruction.