PROTECTION TO ANIMALS UNDER THE INDIAN LAW

CRUELTY TO ANIMALS

Section 11 (1) (a) to (o) of The Prevention of Cruelty to Animals Act,1960 prescribes and enumerates different forms of cruelty to animals.

  1. The law strictly provides that it is punishable with imprisonment and fine if any animal is treated with cruelty or if given poisonous food, there are serious consequences attached to it.
  2. As per Section 11 of Prevention of Cruelty to Animals Act, 1960, beating, kicking, over-riding, overloading, over-driving, torturing or otherwise treating any animals so as to subject it to unnecessary pain amounts to cruelty on animals. And whoever indulges in an act of cruelty to animals makes himself liable for action under Prevention of Cruelty to Animals Act.
  3. Transport any animal in any manner that will cause him or her unnecessary suffering. This includes loading cows into trucks without ramps and overcrowding the vehicle as well as tying up pigs and carrying them on cycles. All violations of Section 11 are punishable with a fine of Rs 100 and/or up to three months in jail.
  4. It is illegal to kill homeless animals. Citizens may only report what they perceive as a nuisance to the municipal authorities. The municipality is required to maintain an animal pound for animals.
  5. Sections 428 and 429 of the Indian Penal Code make it illegal to maim or cause injury to any animal. When you see an animal knocked over by a vehicle, get the number of the vehicle. Check the animal for signs of life. If possible, move him or her to safety and administer life-saving first aid. If you can take the animal to a veterinarian yourself, do so. If not, call an animal welfare organization that has an ambulance. Once the animal is taken care of, file a complaint against the offender with the closest police station (IPC, Sections 428 and 429).
  6. Stray animals may not be used for research. The Rules for Experimental Animals, as formulated by the Committee for the Control and Supervision of Experimental Animals, state that only animals bred for the purpose of research by institutes registered by the Committee may be used for experimentation (although, of course, such animals suffer and feel pain just as much as strays or any other animal). If you know of any research institute that is using animals, ask for the source of the animals. If you suspect the animals have been taken from the street or a pound or that the animals are being abused, contact the Committee for the Purpose of Control and Supervision of Experiments on Animals (CPCSEA).
Article 51A of the Constitutional Law of India, lays down fundamental duties for every citizen one of which included compassion for living creature.
Article 21 of the Constitution of India states the right to personal life and liberty. This is a very vast right. If someone wants to feed and provide shelter to dogs, he is at liberty to do so. He has the same right to liberty that the law provides to every citizen of India

Section 503 of the Indian Penal Code 1860 provides that intimidation is a criminal offence which is cognizable. Anyone who threatens or intimidates any person taking care of dogs is liable for criminal intimidation under Section 503 of Indian Penal Code and can be arrested without a warrant.

(Courtesy : Dhyan Foundation)

Read also : The Prevention of Cruelty (Capture of Animals) Rules, 1972

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