Need For Amendment Of Animal Laws In India

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“We can judge the heart of a man by his treatment of animals”.

-Immanuel Kant

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India has made some commendable efforts towards animal protection including ban on import of animal-tested cosmetics to prohibition on use of dolphins for entertainment. It has also been recognised as the first cruelty free zone in the South East Asia. Further, Constitutional animal protection instantiates a widespread intuition that the state is responsible to protect its most vulnerable constitutional subjects who cannot express their interests directly either through judicial or through democratic processes.

However, the little steps taken by India in the direction of protection of animal rights have been sadly inadequate and such inadequacy is grasped at the very threshold of the analysis of the laws governing animal welfare in India. Further, the conflicting ideologies of animal protection and animal welfare have also caused confusion as to the ends that are sought to be met with the weapon of laws and public policy. Whereas, Animal welfare theories accept that animals have interests but allow these interests to be traded for the benefits of human beings. India, being home to people of different ideologies and mind-sets, the priority of animal protection at the cost of hurting the sentiments which the citizens hold extremely dear to their heart is a major obstacle that prevents uniformity in the Indian context in comparison to the international perspective. Further, the wave of veganism and its impact on animal protection is to be analysed deeply for the achievement of a long desired balance in the Indian society.

History Of Animal Protection

In India, Birds and animals have been a part of mythology, folklore, epics, and literature since time immemorial . Vedas contain hymns in praise of animals and Sanatan Dharma has linked some animals with specific god or goddess as the best way of conservation of wildlife. Domestic and wildlife animals have been worshiped by the Hindus as the divine Vedas emphasise the need to peacefully co-exist with animals and serve them. Similar references have been made in the holy Quran that ‘whoever is kind to the creatures of God is kind to him” . The history of animal protection movement dates back to the 3rd century when Ashoka explicitly banned the killing of any animal in his kingdom. Similarly, According to Jainism, the divine concept protection of life is also known as abhayadānam and is considered the supreme charity. In pursuance of the principle of Ahimsa, Jains care for animals in sanctuaries so that even the sickest and most deformed creatures receive protection and care.

From the 1860s, as attempted to introduce various chemical drugs in colonial India, which necessitated experiments on animals. After 1876 Act was passed in England, medical men used animals, mostly stray dogs, for large-scale scientific experiments in India. At this juncture, residents in India had expressed strong compassion for Indian animals. Further, Colesworthy Grant founded the first Indian society for the Prevention of Cruelty to animals. Similarly, The Cruelty to Animals Act,1876 was opposed by both and Indian officials act due to the increase in anti-vivisection movement which had first found roots in Britain. However, the draconian act remained in power for 110 years after which it was replaced by Animals (Scientific Procedures) Act,1986.

Present Legal Framework

1) Prevention of cruelty to animals Act,1960

Sec 3 lays down the duties of the persons having charge of animals to take all reasonable measures to ensure the well-being of such and prevention of infliction of any unnecessary pain or suffering on such animals. Section 11 prohibits cruel treatment of animals in forms such as causing unnecessary pain, administration of injurious drug/medicine, confinement, abandonment, failure to provide food, water, and shelter, shooting an animal etc. All violations of Section 11 are punishable with a fine of ₹ 100 and/or up to three months in jail. Section 12 prohibits injecting of any substance to improve lactation. Section 22 deals with registration and restriction on exhibition and training of animals and bans performances by animals. Under the provisions of this act, a private individual under the provisions of Section 43 of Cr.P.C. can detain or cause to detain such individual involved in any such act. It has been repealed after the Animal Welfare Act, 2011 came into force.

2) Section 428 & 429 of the Indian Penal Code

Sections 428 and 429 of the Indian Penal Code make it illegal to maim or cause injury to any animal with a monetary value greater than ₹ 10. Further, purposefully injuring or killing of dogs, cats, and cows on the street and throwing of acid on cows has been made illegal under the code. Offenders can be reported to the local animal protection group and police station and a case filed under the above-mentioned Sections. Punishment is a fine of ₹2000 and may include imprisonment extending up to five years.

3) Committee for the Control and Supervision of Experiments on Animals (CPCSEA)

Animal experimentation in India is overseen by the Committee for the Control and Supervision of Experiments on Animals (CPCSEA), the committee formed for this purpose under the Prevention of Cruelty to Animals Act, 1960. It functions with the power to prevent any “unnecessary pain and suffering” during experimentation of animals. Some of its primary functions include Registration of establishments conducting animal experimentation or breeding of animals, Selection and appointment of nominees in the Institutional Animal Ethics Committees of registered establishments, approval of Animal House Facilities on the basis of reports of inspections conducted by CPCSEA, permission for conducting experiments involving use of animals, recommendation for import of animals for use in experiments, action against establishments in case of violation of any legal norm/stipulation.

4) CPCSEA Guidelines for laboratory Animal Facility

The CPCSEA brought guidelines for laboratory animal facility in 2003 with an intention of assuring quality maintenance and safety of animals used in laboratory studies while conducting bio medical and behavioural research and testing with the basic objective of providing specifications that will enhance animal well-being, quality in the pursuit of advancement of biological knowledge that is relevant to humans and animals. The effect of implementation of guidelines of the Committee for the Purpose of Control and Supervision of Experiments on the Animals (CPCSEA) on the utilization of the laboratory animals in pharmacy institution for academic purpose was analysed and the results showed that the implementation of CPCSEA guidelines in pharmacy institution decreased the number of laboratory animals utilised for academic purpose.

5) The Breeding of and Experiments on Animals (Control and Supervision) Rules,1998 (amended in 2001 and 2006)

These rules published in 15th November,1998 and amended in 2001 and 2006,emphasize on the registration of establishments prior to conduct of experimentation and breeding, inspection of animal house facilities, maintenance of registers for documenting information in the animal house facilities, permission of conduct of experiments from IAECs and CPCSEA, conditions for the conduct of experiments, conditions for breeding animals, conditions for undertaking contract research, composition of Institutional Animal Ethics Committee and Power of CPCSEA to suspend or revoke registration of any establishment.

6) Institutional Animal Ethics Committee (IAEC)

‘Institutional Animals Ethics Committee’ means a body comprising of a group of persons recognized and registered by the Committee for the purpose of control and supervision of experiments on animals performed in an establishment which is constituted and operated in accordance with procedures specified for the purpose by the Committee. IAEC will review and approve all types of research proposals involving small animal experimentation before the start of the study. For experimentation on large animals, the case is required to be forwarded to CPCSEA in prescribed manner with recommendation of IAEC. IAEC is required to monitor the research throughout the study and after completion of study through periodic reports and visit to animal house and laboratory where the experiments are conducted. The committee has to ensure compliance with all regulatory requirements, applicable rules, guidelines, and laws.

7) Standard Operating Procedures (SOP) for Institutional Animal Ethics Committee (IAEC)

The objective of SOP is to contribute to the effective functioning of the Institutional Animal Ethics Committee (IAEC) so that a quality and consistent ethical review mechanism for research on animals is put in place for all proposals dealt by the Committee as prescribed by the CPCSEA under PCA Act 1960 and Breeding and Experimentation Rules 1998. SOP is a detailed guideline describing the procedure for investigators/researchers to design an animal experimentation according to national and international norms to avoid the unnecessary sufferings and pain to animals for proposed research.

8) The Constitution of India

Article 48 and 48-A of the Directive Principles of State Policy provide for organisation of agriculture and animal husbandry, and that the State shall in particular endeavour to take steps for preserving and improving the breeds, and prohibiting the slaughter, of cows etc. Further, The State shall endeavour to protect and improve the environment and to safeguard the forests and the wildlife of the country. Article 51-A provides for protection and improvement of the natural environment and compassion for living creatures as the fundamental duty of every Indian citizen.

9) Wild Protection Act,1972

Wildlife Protection prohibits sacrifice of animals, infliction of any form injury to animals, capturing, and killing, poisoning or trapping of wild animals. In the case of wild birds and reptiles, the act also forbids disturbing or damaging their eggs. It also prohibits taxidermy which is the preservation of the dead animal in the form of a trophy, preserved skin etc.

10) The Drugs and cosmetics Act,1940

It regulates the imports, manufacture, and distribution of drugs in India and was based on the recommendations of the Chopra committee formed in 1930. The drugs under the act are taken to include a wide variety of therapeutic substances, diagnostics and medical devices which includes any article intended to be rubbed, poured, sprinkled or sprayed on introduced into or otherwise applied to the human body or any part thereof for cleansing, beautifying, promoting the attractiveness, or altering the appearance etc. The test ban in India was finalized when the Drugs and Cosmetics Rules (Second Amendment) 2014 was notified. Any violation of the Drugs and Cosmetics Act by any person, corporate manager, or owner is liable for punishment for a term which may extend from 3 to 10 years or shall be liable to a fine which could be Rs.500 to Rs.10,000, or both. This decision mandated the use of modern non-animal alternative tests to replace invasive tests on animals.

Therefore, any manufacturer interested in testing new cosmetic ingredients or finished products must first seek the approval from India’s regulator Central Drug Standards Control Organisation. A manufacturer will be given approval to test only after complying with the BIS non-animal standards. A sales ban would prevent companies from outsourcing testing and importing animal-tested beauty products back into India for sale. Further, an import ban proposal was also introduced and put forward for public consultation by the Indian Ministry of Health and Family Welfare.

The Centre published the draft rules on April 29th following the Delhi High Court’s order which asked the government to come out with rules to end cruelty to egg-laying hens after it was brought to its notice by animal rights activists that the hens used for production of eggs reared in small, barren wire cages called “Battery Cages”. But the draft rules, with which the government has come up, merely increase the space given to egg-laying hens from 450 sq.com to 550 sq.cm which will still allow egg-laying hens to be confined in cramped spaces which will continue to culminate into psychological stress, physical harm, bone weakness, & breakage etc. Such events act as vistas to the glaring truth of impractical and inefficient implementation of laws. To overcome such a longstanding hurdle, there is a need to assess the issue at hand with an unbiased perspective and to formulate and implement legal remedies with an aim to correct the injustice. There is a necessity to strive tirelessly in this regard until and unless the justice that is pleaded is served.

Further, Teachers do not know that dissection in schools is illegal if alternatives are available. The Municipal Corporation does not know that chickens cannot be carried in tempos and that small slaughterhouses situated in colonies are illegal. Many policemen and Inspectors of SPCA do not know about any of the laws pertaining to animal abuse-starting from the ones in their own Indian Penal Code and Prevention of Cruelty Act in spite of them being the main enforcers of the law. Hence, the first step towards protection of animals must begin with a thorough understanding of violence against animals, steps to prevent the same and the legal provisions whose help can sought in this regard. The need to empathise and be aware of animal rights should not be limited to those who are a part of the system that enforces the law but rather should be made known to the common man as it is the latter who is better equipped with effectively nipping the injustice against animals in the bud.

Further, the penalty charged and punishments for crimes against animals is too less and disproportionate to the crimes committed. Furthermore, the priority given to any such crimes against animals is lesser than the other crimes during the very process of reporting and investigating the said issue which results in undue delay and inefficiency. Therefore, higher priority and speedy redressal is to be achieved in the protection of animal rights.

In the recent times, while the gang rape of a pregnant goat in Haryana shook the nation, a number of such incidents have come to light including killing of eight puppies by a woman in Bengaluru, sexual abuse of a female stray dog by a security guard, killing of a monkey & a puppy by medical students. According to mental-health and law-enforcement authorities, people who commit acts of cruelty to animals often move on to hurting humans. In a study of domestic violence victims, 60 per cent of women said that their abusive partners had harmed or killed their dogs or other animals. This is a stern indicator which coaxes the society to take any form of violence against animals seriously.

Further, online, and social media platforms have also witnessed constant surfacing of videos and pictures portraying killing, abusing, and sexual violence, commercial gore against animals for entertainment which makes it inevitable for stringent laws to be formulated as well as their effective implementation to be put into practice. This would not only provide the required acceleration to the initiative of cleaning up of animal negative content begun by organisations such as PETA ,but also, efficiently put a hold on perpetration of such heinous acts.

Studies by World Health Organization (WHO) and Indian Animal Welfare Board point out that the urban environment in India encourages breeding of dogs. Increasing garbage dumps and slums areas are two main reasons for it. The Honourable Supreme Court of India ordered sterilisation of dogs and directed all states and local bodies in the country to take necessary steps to sterilize and vaccinate entire population of stray dogs on the streets. Therefore, stray dogs are picked up, neutered, vaccinated against rabies and released in the respective areas from where they had been captured, which is in accordance with the Animal Birth Control Rules 2001 framed, under Section 38 of the Prevention of Cruelty to Animals Act 1960 and as per the orders of Honourable Supreme Court of India. Further, Rule 6 and 7 of The Animal Birth Control (Dogs) Rules,2001 envisages that the Municipal corporation cannot resort to killing or dislocating of the street dogs and provide details regarding the procedure to be followed upon the receipt of a complaint. The Delhi High Court, vide its rulings in 2009 and 2010, have also actually ordered the Delhi Police to protect persons who feed and care for street dogs, and who are often exposed to the ire of ill-informed, ill-advised residents/administrators of those areas. In this regard, top lawyers such Fali.S.Nariman took a favourable towards the cause of stray dogs in Bombay by emphasising that the ability to procreate can be humanely targeted but killing is strictly prohibited. There is a need to educate the society regarding such developments by collaborating with NGOs which have been working in this regard already.

When considering issues such as Jallikattu, Kambala etc. there is a need to holistically analyse the matter from various different perspectives as in such cases, the cultural, societal, religious, and demographic threads are intricately woven together. A small mistake in deciding such cases would result in violent rifts, and complicated tangles, thus, destructing societal peace as well as security due to undesirable forms of destruction.

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