Animal Welfare in India

The greatness of a nation and its moral progress can be judged by the way its animals are treated.

– Mahatma Gandhi                                   

India has come a long way in its journey with animals. Animals have been domesticated in our country since time immemorial without any speciesism. However, there are many incidents that take place pertaining to animal cruelty like violence, malnourishment, discarding of old breeding animals, unnecessary breeding, discarding sick animals, etc.

Animal rights and laws have been established in our country to prevent the acts of cruelty and maintain human-animal harmony. According to the World Organisation for Animal Health (OIE), animal welfare means the physical and mental state of an animal in relation to the conditions in which it lives and dies. Five freedoms of animals were developed in the year 1965 and are now widely recognised as:

1. Freedom from hunger, malnutrition and thirst;
2. Freedom from fear and distress;
3. Freedom from heat stress or physical discomfort;
4. Freedom from pain, injury and disease; and
5. Freedom to express normal patterns of behaviour.

In the year 2017, all the member countries of OIE adopted the objective of achieving “A world where the welfare of animals is respected, promoted and advanced, in ways that complement the pursuit of animal health, human well being, socio-economic development and environmental
sustainability”.

India is the seventh largest country in the world, has a vast biodiversity with 36 world biodiversity hotspots. It is a home to many different varieties of animals ranging from Bengal Tigers to to Indian Rhinoceros. There is no limit to the diversity of domestic animals like cows, buffaloes, dogs, cats, and fowls as well. That is why, protection of animals comes under the fundamental duties in the Indian Constitution. Many animal welfare legislations in India exist. These are the Prevention of Cruelty to Animals Act 1960, Wildlife Protection Act 1972 at the central level and Prevention of Cow Slaughter at the state levels. Section 428 and 429 of the IPC provides for punishment of all acts of cruelty like killing, poisoning, maiming or rendering animals useless. These legislations have been formed to prevent animals from unnecessary suffering and pain.

The Animal Welfare Board of India (AWBI) is a statutory advisory board on Animal Welfare Laws and promotes the welfare of animals in the country. It was established in the year 1962 under Section 4 of the PCA act, 1960. It was started under Late Smt. Rukmini Devi Arundale. This board has been the face of animal welfare movement in the country for the last 50 years. The official roles and functions of this body are given on their official website.

Here are some animal rights that every citizen of India should know:

  1. It is the fundamental duty of every citizen to have compassion for all living creatures. Article 51A(g).
  2. To kill or maim any animal, including stray animals, is a punishable offence. IPC Sections 428 & 429.
  3.  Abandoning any animal for any reason has a prison penalty for upto 3 months. Section 11(1)(i), Section 11(1)(j), PCA Act 1960.
  4.  No animal (including chickens) can be slaughtered in any place other than a slaughterhouse. Rule 3, of Prevention of Cruelty to Animals, (Slaughterhouse) Rules, 2001 and Chapter 4, Food Safety and Standards Regulations, 2011.
  5. Stray dogs operated for birth control surgeries cannot be captured or relocated by anybody including any authority. ABC Rules, 2001.
  6.  Neglecting an animal by denying her sufficient food, water, shelter and exercise or by keeping him chained/confined for long hours is punishable by a fine or imprisonment of up to 3 months or both. Section 11(1)(h), PCA Act, 1960.
  7.  Monkeys are protected under the Wildlife (Protection)Act, 1972 and cannot be displayed or owned.
  8.  Bears, monkeys, tigers, panthers, lions and bulls are prohibited from being trained and used for entertainment purposes, either in circuses or streets. Section 22(ii), PCA Act, 1960.
  9.  Animal sacrifice is illegal in every part of the country. Rule 3, Slaughterhouse Rules, 2001.
  10.  Organising of or participating in or inciting any animal fight is a cognizable offence. Section 11(1)(m)(ii) and Section 11(1)(n), PCA Act, 1960.
  11.  Teasing, feeding or disturbing the animals in a zoo and littering the zoo premises is an offence punishable by a fine of Rs. 25000 or imprisonment of up to three years or both. Section 38J, Wildlife (Protection) Act, 1972.
  12.  Capturing, trapping, poisoning or baiting of any wild animal or even attempting to do so is punishable by law, with a fine of up to Rs. 25000 or imprisonment up to seven years or both. Section 9, Wildlife (Protection) Act, 1972.
  13.  Disturbing or destroying eggs or nests of birds and reptiles or chopping a tree having nests of such birds and reptiles or even  attempting to do so constitutes to hunting and attracts a punishment of a fine of up to Rs. 25000, or imprisonment of up to  seven years or both. Section 9, Wildlife (Protection) Act, 1972.
  14.  Conveying or carrying animals whether in or upon any vehicle, in any manner or position which causes discomfort, pain or suffering is a punishable offence under two Central Acts. Section 11(1)(d) Prevention of Cruelty to Animals, (Transport of Animal) Rules, 2001 and Motor Vehicles Act 1978.

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