“A simple act of kindness and compassion to just one animal may not mean may not mean anything to all the creatures on the earth, but would mean everything to one.”
One of the most trending topics that is discussed all over globe either on social media or we could find it in breaking news is ‘animal cruelty’ recently many cases of the same are being put forward by people and also a ‘hashtag’ is also trending called #Animalslifematter. This is not only ethically wrong but also a crime under law. Some people are concerned about this issue sincerely but are exactly not aware of the important laws that govern this crime or what steps could be taken to ensure that such things do not happen in our surroundings and if anyone witness such activity what can be done. Reading this article would solve all such questions.
To begin with this one must know what animal cruelty is?
If anyone is doing any of these activities is considered to be committing a offence i.e. cruelty against animals, they are: Hoarding, Shooting, Fighting, Beating, Stabbing, mutilation (destroying any part of body) or throwing.
Laws governing this crime
India has better provisions regarding safety of animals than several other nations some of them are:
- Firstly our constitution says that under article 51(g) it is the fundamental duty of every citizen to have compassion for all living creatures.
- Indian penal code,1860 under section 248 & 249 states that it is a punishable offence to kill or maim any animal.
- According to prevention of cruelty to animals, section 11(i) and 11(j) if anyone abandone any animal for any reason you can be put in prison for 3 months.
- No one is allowed to slaughter pregnant animals including chicken and also cannot be slaughtered anywhere other than licensed slaughter houses.
- Organizing, inciting or participated in any animal fight is a punishable offence under section 11(m) and (n) of prevention of cruelty of animals act.
- If anyone is disturbing or destroying eggs or nests of birds and reptiles, cutting down a tree having nests of such birds and reptiles or even attempting to do so constitutes to hunting and is liable for a punishment of a fine of up to Rs. 25000, or imprisonment of maximum seven years or both. Section 9, Wildlife (Protection) Act, 1972.
CASE LAWS THAT ARE IMPORTANT PRECEEDENTS
There are several cases in which the apex court and several other courts are of opinion that killing of animals without any reason (for the purpose of religion and serving mankind) is threat to humanity and opposes public policy and social decency.
Some of the cases are:
In the case of Ramesh Sharma v. State of Himachal Pradesh & ors[1] the high court of Himachal Pradesh while analyzing animal protection laws gave his opinion that section 11 and section 28 of the act are to be interpreted as per articles 48, 48-A, 51-A(g), 51A(h), 51A(i) of the Indian constitution
Another step that was taken by the government was The Animal Welfare Board of India which was established in 1962 under section 4 of the prevention of cruelty to animals act, 1960. The board ensures that the animal welfare laws in the country are implemented properly and it also provides grants to animal welfare organizations and advice the centre, States and UTs on animal welfare issues. As per the act, the board comprises f 28 members including 6 MPs (4 from lok sabha and 2 from rajya sabha)
Another landmark judgement given by the Supreme Court recognizing the dignity and honor of animals under article 21 of the constitution. Is Animal welfare board of India v. A. Nagaraja and others[2] (jallikattu case)
In the case the apex court held that so far animals are concerned, “life” means something more than mere survival or existence or instrumental value for human beings, but to lead a life with some intrinsic worth, honor and dignity. Animals also have honor and dignity which cannot be arbitrarily deprived of. It was also observed that Article 51 (g) and (h) are Magna carta for protecting the life of animals.
In karnail singh and others v. state of Haryana[3] the Hon’ble Justice Rajiv Sharma clearly stated that Animals and birds have legal rights, just as humans and it further declared citizens as the “guardians of the animal kingdom” with a duty to ensure their welfare and protection.
To ensure such activity is not happening around us is
- to check there are no illegal slaughter houses near you if any you must report to the nearest police station to file FIR
- Create a shelter for street dogs or cats so that live safely
- Ask your neighbors not to be cruel with animals and if there is any animal who might bite you or anyone you can call the animal helpline number they will take that animal away from your society you don’t have to hit him to death.
- If you witnessed any such activity immediately take that animal to nearest veterinary doctor and then file a complaint in police station so that appropriate measures can be taken.
CONCLUSION
Though there are several laws for the protection of animals in India but people are not aware or educated enough, they need to be taught that according to our legal system animals are considered to be a legal personality[4]. The issue of animal cruelty demands special attention in India and needs proper study, investigation and awareness about the issue.
The main key to decrease the no. of cases of animal cruelty is to make people aware and educated about why it is wrong why it should be stopped and what could be the consequences they would need to face if they commit such offence. At the end charity begins at home so be kind to animals, protect them, feed them, and maintain proper ecological balance.
the court must announce strict judgement against such people committing such offence so that justice is rightly delivered and that people come to know that they would be facing serious repercussions if they continue doing it. In the end after all everyone deserves to be treated with humanity even if its humans or animals.
[1] CWP No. 9257 of 2011 dated 26.09.2014
[2] (2014) 7 SCC 547
[4] Dr.N.V.Paranjape, studies in Jurisprudence and Legal Theory (central law agency, 8th edition)
[3] CRR-533-2013
