“The greatness of a nation and its moral progress can be judged by the way its animals are treated” ---Mahatma Gandhi
Introduction
India is one of the most bio-diverse countries of the world and home to animals varying from Snow Leopard, Peacock to Great Indian Rhinoceros and the Bengal Tigers. With so many species of animals, it becomes important for India to ensure the protection and welfare of animals from all kinds of cruelty or harm. India has implemented various legislations in this direction.
This article deals with the concept of animal cruelty and the laws implemented against it. It also studies religious slaughter of animals by people of various religions and the mediation of the Judiciary by making thoughtful interpretations of statutes and proving legal restrictions against such practices.
Concept of Animal Cruelty
The act of violence or neglect against animals is considered as ‘animal cruelty’. The term ‘animal cruelty’ is another word for referring to ‘animal abuse’ that is a legal term meaning cruel or bad behavior with an intention to inflict animals with pain or harm. It encompasses a wide range of behaviors such as killing them for food, skin, or any other body, using them for entertainment purposes, confining them in cages, torturing them, depriving them of food, water, or veterinary care, etc. For instance, elephants are killed for ivory tusks, rhinoceros for horns, cobras for skin, etc. Domestic cattle such as cows and buffalos are also slaughtered for making profits. As per reports, Mumbai recorded 19,028 cases of animal cruelty from 2011 to 2016 with not even a single arrest made.
Laws implemented against Animal Cruelty
Protection of animals against any type of cruelty or abuse is enshrined as a directive principle for the State and fundamental duty for every citizen of India. Several animal welfare laws are also implemented in India such as the Wildlife Protection Act, 1972 and the Prevention of Cruelty to Animals Act, 1960. Here are the provisions enshrined under different legislations for the prevention of animal cruelty:
The Constitution of India
· Article 48: Organization of agriculture and animal husbandry
The article provides about the improvement of agriculture and animal husbandry. It lays down the guidelines for the State to organize agriculture and animal husbandry based on modern and scientific methods instead of the old and traditional ones. It directs the State to take steps for preserving and improving animal breeds, and also prohibiting slaughter of cattle.[i]
· Article 48-A: Protection and improvement of environment and safeguarding of forests and wildlife
This article was added to the Constitution by the 42nd Amendment Act, 1976. It lays down guidelines for the State for protecting and improving the condition of environment, safeguarding and preserving the forests and wildlife of our country.[ii]
· Article 51-A: Fundamental Duties
This article deals with fundamental duties and was added to the Constitution by the 42nd Amendment Act, 1976. It lays down 11 fundamental duties that every citizen shall abide by. Article 51-A(g) says that it is the duty of every citizen of India to protect and improve the natural environment including forests, lakes, rivers, and wildlife, and to have compassion for living creatures.[iii]
The Indian Penal Code, 1860
The Indian Penal Code is the official criminal code for all the substantive aspects of criminal law in India. It lays down remedial provisions against animal cruelty under sections 428 and 429.
· Section 428: Mischief by killing or maiming animal of the value of ten rupees
This section provides that anyone who commits mischief by killing, poisoning, or maiming any animal of the value of ten rupees or more will be liable to punishment with imprisonment for two years, or with fine, or with both.[iv]
· Section 429: Mischief by killing or maiming cattle, etc. of any value or any animal of the value of fifty rupees
This section lays down punishment for anyone who commits mischief by killing, poisoning, maiming, or rendering useless any elephant, horse, camel, mule, etc., or any other animal of the value of fifty rupees of upwards. Such person shall be punished with imprisonment of term extending up to five years, or with fine, or with both.[v]
The Prevention of Cruelty to Animals Act, 1960
This is a special law introduced by the Parliament of India in 1960 to the animals against unnecessary cruelty and brutality inflicted upon them for various purposes. This Act defines ‘animal’ as any living creature other than human beings[vi]. In accordance with the provisions of this law, the Government of India established the Animal Welfare Board of India. It highlights the acts and behaviors that amount to animal cruelty and also lays down punishments for such offences. Section 11(1) of the Prevention of Cruelty to Animals Act provides the major offences that amount to animal cruelty:
I. If any person beats, kicks, tortures, overrides, or treat any animal in such a way that causes immense pain, suffering, discomfort or agony to the animal [Section 11(1)(a)]
II. If a person willfully and unreasonably administers any injurious substance or drug to any animal [Section 11(1)(c)]
III. If a person carries any animal in or upon any vehicle in such a way that causes it unnecessary pain or suffering [Section 11(1)(d)]
IV. If any person mutilates or kills any animal (including stray dogs) by using strychnine injection or any other cruel manner [Section 11(1)(l)]
If any person is accused of committing any offence amounting to animal cruelty under Section 11(1), he/she shall be punished with a fine of fifty rupees or, with imprisonment of one month in first instance. In second or subsequent instances, he/she shall be punished with imprisonment of three months or with fine up to 100 rupees, or with both.
Legal Provisions related to Religious Slaughter
Section 28 of the Prevention of Cruelty to Animals Act, 1960 deals with the practice of animal sacrifice. It says that no provision laid down under the Prevention of Cruelty to Animals Act shall render killing of an animal, in a manner required by the religion of any community as an offence. However, in case of Gauri Maulekhi v. State of Uttarakhand[vii], the High Court of Uttarakhand interpreted Section 28 and held that if any animal is sacrificed in a manner provided by the religion of any community, it should solely be done for arrangement of food for humans and not for merely appeasing god.
There are various judicial interpretations of statutes that throw light on the rights granted to animals. In Animal Welfare Board of India v. Nagaraja and others[viii], the Apex Court banned the practice of Jallikattu in Tamil Nadu and incorporated animals within the ambit of Article 21 that guarantees the Right to Life. This decision struck down many laws and regulations related to animals as unconstitutional and one such thing was the permissibility of religious sacrifice of animals.
Several States have implemented State Legislations that ban the slaughtering of animals and also provide for punishment varying from imprisonment to fine. Some of such states are Assam, Andhra Pradesh, Telangana, Chhattisgarh, Maharashtra, Rajasthan, etc.
Conclusion
The laws for the protection of animals against any kind of cruelty and brutality can be seen as progressive steps towards animal protection in India. The Judiciary also plays a major role in vividly interpreting the laws pertaining to religious sacrifice and cruelty on animals. It has helped develop legal jurisprudence in animal protection law.
However, there is a long way to go in establishing a strong foundation for animal protection laws in India. It is the need of the hour to better enforce the laws and ensure the protection of animals.
[i]Article 48 of the Constitution of India, 1949 [ii] Article 48-A of the Constitution of India, 1949 [iii] Article 51-A of the Constitution of India, 1949 [iv] Section 428 of the Indian Penal Code, 1860 [v] Section 429 of the Indian Penal Code, 1860 [vi]Section 2(a) of the Prevention of Cruelty to Animals Act, 1960 [vii] Gauri Maulekhi v. State of Uttarakhand, 2010 Writ Petition (PIL) No. 77 [viii] Animal Welfare Board of India v. Nagaraja and Ors. AIR 2014 SCW 3327