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Writer's pictureThe Law Gurukul

THE PREVENTION OF CRUELTY TOWARDS ANIMALS

Updated: Feb 20, 2022

Written By - KRITI AKARNIA

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

-Mahatma Gandhi

It’s said that every living being has the right to live freely but man is not the only animal who craves to live a life without restrictions, cruelty towards animals started back in ancient times but gradually hunting animals as a necessity turned into killing them for the pleasure of humans, the rate of abusing animals in the modern time continue to rise despite the nation being developed and advanced. Animal cruelty refers to abusing the animals or neglecting them, it either takes place due to the ignorance towards them or putting them into certain situation to harm, scare and conduct experiments on them.


ANIMAL ABUSE?

Animal abuse is the infliction by neglect or commission by humans of suffering or harm upon any non-human animal. More narrowly, it can be the causing of harm or suffering for a specific achievement, such as killing animals for entertainment, cruelty to animals sometimes encompasses inflicting harm or suffering as an end this is also known as zoosadism. Animals are often ill-treated for the fulfilment of the endless requirements and needs of human beings but active cruelty is not the only aspect that requires urgent attention at the same time passive cruelty or Animal neglect which simply takes place due to ignorance, accidents and not taking any action is also a major concern.

CHAPTER II of the prevention of cruelty towards the animal act 1960[i] states the purpose of the establishment of the animal welfare board of India. It has been established for the promotion of the welfare of the animals to protect them from being subjected to any kind of pain or suffering and preventing them from being experimented with for the requirements of human beings.

CHAPTER IV of the act explains the general meaning of the term ANIMAL CRUELTY, it states that if any person beats, kicks, over-rides, over-drives, over-loads, tortures, or otherwise treats any animal in such a way as to cause it excessive pain or suffering, administers any injurious drug or substance to any animal deliberately and unreasonably, carries animal in any vehicle in a condition or position where the animal is caused pain, Confines them in a cage or in any object that does not fit well or is not of the sufficient height, length and breadth will be held liable for abusing animals.

It also states that if a person incites an animal to fight against another, promotes or himself participates in any activity that results in the killing or harming of an animal like shooting matches or competitions and Using animals as ‘lab rats’ to experiment on them where the animal in the presence of an anaesthetic is injured so severely that their recovery will involve serious suffering and pain shall be punished.


ANIMAL EXPLOITATION

In chapter V of the prevention to cruelty towards animals act the term ‘EXHIBIT’ and ‘TRAINED’ are defined, an exhibition of animals for entertainment where the public are admitted through the sale of tickets and Training refers to train the animal for the purpose of exhibition of the animal to earn profits by the sale of tickets for the entertainment of the public shall be punished.

Exploitation goes against the animal's instincts or puts the animals in dangerous or terrifying situations. Animals are often exploited, enslaved, assaulted and abused in the name of entertainment at circuses, zoos, aquatic theme parks, and other venues. The crowds are oblivious to the fact that the animals are beaten, kept in small cages, and denied socialisation with other members of their species. zoos, which are frequently regarded as positive community assets, can be associated with animal cruelty. Animal abuse in zoos can take many forms, ranging from starvation to sending animals to livestock operations, and this isn't even accounting for accidents caused by poorly built exhibits. Exhibition and training the animals, therefore, are prohibited and no person is permitted to exhibit or train for the entertainment of masses unless the person is registered in accordance with the provisions of chapter V.

Human beings are often called ‘predators’, it’s said that human beings have the capacity to dominate animals since they’re more powerful, dominating, strong and controlling. Preying, hunting, factory and fur farming, fishing and shooting animals are certain activities that human engage into dominate animals.

Performing tests and testing products on animals has been present in society for a very long time, Scientific advancements and developments have proved that animal testing is completely unnecessary yet it is still present. Exposing animals to all manners of substances which may cause burning, itching, pain, loss of body parts or any other harmful consequence.


PREVENTION ACTS AND PENALTIES

under the Wildlife Protection Act of 1972[ii], which was passed to protect wild animals, birds, and plants. Hunting is defined as "capturing, killing, poisoning, snaring, or trapping any wild animal". Hunting includes wounding, destroying, or stealing a body part from any animal. Disturbing or destroying the eggs or nests of wild birds and reptiles is equivalent to hunting. A first-time offender who hunts animals or changes the borders of any reserved forested area faces a minimum fine of Rs. 10,000 and a minimum sentence of three years in prison. A repeat offence carries a maximum sentence of seven years in prison and a minimum fine of Rs. 25,000.

In 2014 a nationwide ban on testing cosmetics on animals was introduced in India. The ban makes using intoxicants, chemicals or any other substance on their skin or feed them lethal doses illegal and a violation of the animal protection laws. It also banned animal experimentation by any medical institution or organisation making it illegal.

It is illegal to maim or kill any animal, according to sections 428[iii] and 429[iv] of the Indian Penal Code. Acts such as throwing acid on cows and wounding street dogs and cats are also punishable, which serves as a warning to many reckless drivers on the road. The Code also prohibits cars from injuring or killing dogs, cats, or cows on the street.

Offenders are either turned over to the local cops or incarcerated or a penalty of Rs 2000 or five years of imprisonment is being awarded to those who are found guilty of committing the crime.


CONCLUSION

As responsible beings, we must protect animals from any pain and suffering that’s being caused to them for the fulfilment of our personal needs and requirements. It’s said that man is not the only animal who wants to live in a free and safe society where we’re not harmed. Animals are silent creatures and are unable to express their sufferings like humans but it is not only our responsibility but our duty to protect these voiceless creatures.

[i] THE PREVENTION OF CRUELTY TO ANIMALS ACT, 1960 [ii] THE WILDLIFE (PROTECTION) ACT, 1972 [iii] Section 429 in The Indian Penal Code (indiankanoon.org) [iv] Section 428 in The Code of Criminal Procedure, 1973

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