ANIMAL IN DISDAIN- LEGAL IMPACT WITH REFERENCE TO INDIAN LEGISLATION - Brinda Jain & Dr. Ashish Kumar Singhal

INTRODUCTION

All the living beings on this earth have a right to live, but very often we become insensitive to their pain & keep hurting them in some way or the other. It is only because animals don’t have a voice & they can’t speak like a human tongue. In many countries, animals have to fight for their lives every single day to survive, to eat & to protect their child.

The Animal cruelty as per the “Prevention of Cruelty to Animals Act, 1960” is defined as “any act or neglect which may cause infliction of unnecessary pain or suffering to an animal (who is any living creature other than a human being)”. It is known by many different names such as animal abuse, animal neglect or animal cruelty, & is the harm caused to the animals due to neglect or omission of doing an act, or commission of the harmful or hazardous act for various purposes, other than the self-protection & survival. It ranges from unintentional neglect to the intentional killing. Cruelty to animals is mainly, not restricted to physical harm, but also includes psychological harm that includes mental agony, anguish & fright to them. It can either be caused deliberately or simply due to delinquency or failure to take good care of an animals. Like humans, animals are also sensible, are capable of suffering, & have the interest to be treated properly & lead their own lives.

“All animals deserve the equal protection of rights, regardless of how they taste or how convenient it is to experiment on them”.

WHAT IS ANIMAL CRUELTY?

Animal Cruelty cases make headlines around the world every day, whether it’s the person who kills the neighbour’s cat, the hoarder of sick & dying animals or the family whose freezing, starving dog is tied up outside in the middle of the winter. Animal Cruelty has several types which may be one of Simple Neglect, Gross Neglect, Intentional Abuse, Animal Hoarding, Organized Abuse, Ritualistic Abuse or Animal Sexual Assault. These cases of Cruelty cannot be overlooked as it has proven to have severe implications ranging from the fact that it is linked to other crimes, to the factual truth that these practises inflict great pain on these animals that have nobody to speak for them.

Combating this menace of Animal Cruelty is a journey that must be undertaken & everybody including the Government, NGOs & even Culture has a major role to play in this. An animal activist’s[1] definition of animal cruelty may be very different from that of a hunter or a farmer. These varied definitions of animal cruelty have created a dilemma which has existed since the very beginning of the animal-protection movement[2]. While much progress has been made for animals in our society, particularly during the past 50 years, the continuing absence of a widely accepted definition of cruelty to animals remains an enormous obstacle. Every activity that threatens the well-being of animals & that has not already been remedied through legislation – must be challenged & overcome on a largely individual basis.

According to the legal dictionary, animal cruelty stipulates a crime that is capable of inflicting physical injury, suffering, or death on an animal. It defines animal cruelty as baleful or deliberate maiming, torture or wounding of a living animal & stated that any person who overworks, abuse, torments, deprives of essential food, drink or shelter, brutally beats, mutilates an animal shall be guilty of assault, murder, etc.

In India, the Prevention of Cruelty Animal Act, 1960 prescribes or enumerate few provisions, when animal cruelty is said to be committed. Section 11(1)(a) to 11(1)(o) of the Prevention of Cruelty Animal Act, 1960 enumerates the following activities that amount to cruelty against animal:

Beating, kicking, overriding, overloading, torturing, causing avoidable pain or distress to any animal.
Employing any animal who by the reason of its age or any disease is unfit to be so employed, despite knowing this infirmity the owner employed the same.
Intentionally & arbitrarily administering the animal with harmful drugs or substances.
Transporting or carrying the animal in such a way that may inflict major injuries to the animal.
Confining any animal in a cage that does not allow proper movement of the body of the animal.
If the owner confined the dog & habitually chained it up.
If the owner fails to ensure proper food, drinks, or shelter for the animal.
If the owner intentionally leaves the animal which causes that animal to suffer pain out of starvation or thirst.
If the owner intentionally makes the animal move around the street & is affected with a contagious disease or without any justification permits the disabled animal to die in the streets.
If any person offers for sale or unreasonably keeps the animal under possession, who is suffering pain out of mutilation, starvation, thirst, etc.
If any person mutilates or kills any animal (including stray dogs) by the method of strychnine injection in the heart or through any other brutal manner.
If any person solely for entertainment confines any animal to make it an object of prey against the other animal or influencing any animal to fight against the other animal.
If any person organizes, keeps, uses, or acts in the management of any place for animal fighting or any other related purpose.
If any person promotes or participates in any shooting competition & where the animals are the aim for shooting.

LEGAL SCENARIO IN INDIA

In the Constitution of India, 1949
The Cosmetic Rules, 2020
The Cattle-Trespass Act, 1871
The Indian Veterinary Council Act, 1984
The Prevention & Control of Infectious & Contagious Diseases in Animals Act, 2009
In the Indian Penal Code, 1860
The Prevention of Cruelty to Animals Act, 1960
1. Section 11(1)
2. Section 12: Prohibition of practising Pooka
3. Section 13: Order for Destruction of Suffering Animals
4. Section 14: Experimentation & Product Testing of Animals
The Wild Life Protection Act, 1972

Section 9: Prohibition of Hunting
Section 38(J): Prohibition of Teasing, Injuring Animals in Zoo
Section 51: Provisions for Penalties

LIST OF AGENCIES FOR THE WELFARE OF ANIMAL IN INDIA

Animal Welfare Board of India (AWBI):Established under the Ministry of Fisheries, Animal Husbandry & Dairying, Government of India, AWBI is the apex body for the formulation & implementation of laws & policies related to animal welfare. The board undertakes the following functions:-
1. Advising the central government regarding amendments & rules to prevent unnecessary pain while transporting animals, performing experiments on animals, or storing animals in captivity.
2. Encouragement of financial assistance, rescue homes, & animal shelters for old animals.
3. Advising the government on medical care & regulations for animal hospitals.
4. Imparting education & awareness on humane treatment of animals.
5. Advising the central government regarding general matters of animal welfare.
People for the Ethical Treatment of Animals (PETA) India: PETA is a non-profit organization that works to prevent cruelty to animals & promotes animal rights.
Help in Suffering (HIS): HIS is a non-governmental organization (NGO) based in Jaipur, Rajasthan, working for the welfare of animals, including street animals & pets.
Blue Cross of India:Blue Cross is one of the oldest & largest animal welfare organizations in India. They operate shelters, hospitals, & rescue services for animals. A Chennai-based organization, Blue Cross of India, is involved in the rescue, rehabilitation, & adoption of animals.
Friendicoes: Friendicoes is an animal welfare organization operating in Delhi & other parts of India, providing shelter & medical care to animals.
International Animal Rescue (IAR) India: IAR focuses on the rescue & rehabilitation of wildlife in distress & works towards the conservation of natural habitats.
Wildlife SOS: While primarily focused on wildlife conservation, Wildlife SOS also engages in the rescue & rehabilitation of animals, including elephants, bears, & leopards.
Federation of Indian Animal Protection Organizations (FIAPO):FIAPO is an umbrella organization that brings together various animal protection groups in India, working collectively for the welfare of animals.
Karuna Animal Welfare Association of Karnataka:Operating in Karnataka, Karuna is dedicated to the rescue & rehabilitation of animals.
Ahimsa Trust:Ahimsa Trust works for the welfare of animals, particularly in the field of cattle & birds, & is based in Pune, Maharashtra.
WSD (Welfare of Stray Dogs):WSD is an organization based in Mumbai, working towards the welfare of stray & abandoned dogs through sterilization, vaccination, & adoption programs.
Humane Society International (HSI) – India: HSI is an international organization with a presence in India, working on various animal welfare issues, including farm animal protection, street dog management, & more.

LIST OF CASES

Abdul Hacim Quareshi v. State of Bihar, AIR 1961 SC 448
AnandoppallyKarshakaSamithy v. The District Collectors AIR 2009 Ker. 189
Animal Welfare Board of India v. A. Nagaraj &Ors AIR 2014 SC 362 4. Animal Welfare Board of India v. A. Nagaraj &Ors, AIR 2014 SC 362
Ashok Kumar v. State of J&K, AIR 2005 SC 267.
Cottage Industries Exposition Ltd. v. Union of India AIR 2007 SC 267
Haji Usmanbhai v. State of Gujarat, AIR 1986 SC 1213
Indian Circus Federation (ICF) in K.R. Haier & others v. Union of India AIR 2000 SC 867
Indian Handicraft Emporium v. Union of India, (2003) 7 SCC 589
Ivory Traders & Manufacturers Association v. Union of India AIR 1997 Del 267
Maneka Gandhi v. Central Zoo Authority AIR 2000 SC 1517
MansukhlalVithaldas v. State of Gujarat (1997) 7 SCC 622
Mohd Hanif Quareshi v. State of Bihar, AIR 1958 SC 731
Jasraj Shri Shrimkal v. govt of A.P by prvt. Secretary Hyderabad, AIR 2002 A.P 167
People for Animals &Anr. v. Animal Welfare Board &Ors AIR 1995 SC 345
Ranjit Thakur v. Union of India, AIR 1987 SC 2386
Sansar Ch& v. State of Rajasthan (2010) 10 SCC 604
State of Bihar v. Murad Ali Khan (1988) 4 SCC 655
State of Tamil Nadu v. Kayper Industrial Chemical Pvt Ltd, AIR 2005 Mad 304
T N GodavarmanThirumulpad v. Union of India &Ors. (2012) 3 SCC, 277
Tarun Bharat Singh v. Union of India (1992) 2 Supp SCC 448
Viniyog Parivar Trust V. Union of India AIR 1997 SC 3217

WHAT IS THE MOST COMMON ANIMAL CRUELTY?

When there is cruelty all around us, that is a hard question to answer but these are among the most common acts of cruelty…

Animal Fighting: The barbaric medieval practice of setting one animal on anr. while bets are placed as to who will ‘win’ should be consigned to history, & yet animal fighting continues all over the world. In almost all countries in the developed world, dog fighting, bull fighting, badger baiting & cock fighting are banned, but still they continue illegally. The Humane Society estimates there are 40,000 dog fights in the United States but these fights take place away from public view, & the number of victims will never be known for sure.
Animal Hoarding: Often animal hoarders start out with the best intentions. They see an animal in need & they act. But then they cannot stop. They try to help every animal in need but before they know it they have become part of the problem. Their homes fill up, & they are unable to give their charges the individual care they need & deserve. Every year, 500 hoardersin the US come to the attention of the authorities.
Breeders: Breeders may be big businesses or individuals trying to make a quick buck. Both have their eye on the profit, while the wellbeing of animals often comes a very distant second. There are countless incidents of people buying from a breeder only to find out how sick that animal is when they get them home. Conditions at some breeders are so disgusting that the breeders are charged & convicted. However, such is the low status of animals in our society that few are ever jailed.
Factory Farming: By far the largest number of animal victims are harmed in factory farms. Billions are trapped in cages, crates & sheds, & denied everything that makes their life worthwhile. Factory farmingis the systematic & industrialized exploitation of living beings on an immense scale. Nothing is natural, nothing is left to chance. On the day they are born, the day they will die is already decided.
Entertainment Animals: When we exploit animals for our own entertainment we may be committing an act of cruelty, too. It is true that some animals love to perform – dogs love to do agility, horses love to run in a herd – but when we force animals to perform at a time & in a way that suits us, that is a very different matter. Wild animals should never be in a position where they are performing for the public. This is not what they would choose to do, & many are trained with force & violence. Even when there is no overt abuse, life on the road for a wild animal is a cruelty in itself. Being held in cages, transported over long distances, forced into an arena where people are screaming & shouting, often kept alone without companionship of their own kind, & unable to perform their natural behaviours is undoubtedly cruel. There is also cruelty in sport including whipping a horse to make them run faster, or training greyhounds by setting them on live quarry. Both horses & dogs may be aboded or killed when they age or lose their form. Or they may be sold on & on in a downward spiral of neglect.
Fur Farming: While some animals are trapped in the wild for their skins, others like mink & foxes are bred & caged inside factory farms. There, they suffer physically & mentally. In appalling conditions, they pace back & forth, back & forth. Self-harm is commonplace. Very few people on Earth need the fur of animals to keep warm, & yet we take it all the same. We discard their bodies like trash.
Horse Slaughter: Is there anything morecruel than sending an animal you once cared for to slaughter because you no longer want that responsibility? It is common for people who get bored of caring for a horse or can no longer ride them to simply discard them. Since there are no horse slaughterhouses in the US. Horses are sensitive creatures, often nervous & highly strung. The journey is terrifying for them, & what awaits them may be even worse.

HOW CAN WE STOP ANIMAL CRUELTY?

There are several steps that can be taken to help reduce animal cruelty:-

Adopt: Adopting pets instead of purchasing helps to ensure that there is space in animal shelters for pets that may be the victims of cruelty. In addition, it helps by not contributing to the cruelty of puppy mills.
Donate: By donating time, money, & other resources to animal shelters you can help to increase the number of animals that rescues are able to help. Other animal organizations, such as HSUS, SPCA, Mercy for Animals, & Animal Equality can also use donations to help with investigations of animal cruelty.
Teach: Perhaps the most effective method of cutting down cruelty is making sure that the next generation of pet owners, kids, know how to treat animals & provide them with proper care.
Purchase: Looking for cruelty-free products & eating a more plant-based diet helps reduce animal cruelty by limiting the number of animals suffering in labs for the production of cosmetics or on factory farms for food.

LAWS IN INDIA

RIGHT TO LIFE OF ANIMALS (UNDER ARTICLE 21) AS A FUNDAMENTAL RIGHTS

The Fundamental Rights of India, enshrined in Part III of the Constitution, lay down universal,constitutionally-guaranteed rights essential for the existence & development of all individualsincluding the non-humans or animals. Relevant to animal welfare is the fundamental Right to Life underArticle 21 that was ruled by the Supreme Court in India under the Animal Welfare Board of India v. A.Nagaraja &Ors. Case. The Supreme Body held that:

“Every species has a right to life & security, subject to the law of the l&, which includes deprivingitslife, out of human necessity. Article 21 of the Constitution, while safeguarding the rights of humans,protects life & the word “life” has been given an expanded definition & any disturbance from thebasic environment which includes all forms of life, including animal life, which are necessary for humanlife, fall within the meaning of Article 21 of the Constitution.

So far as animals are concerned, in ourview, “life” means something more than mere survival or existence or instrumental value for humanbeings, but to lead a life with some intrinsic worth, honour & dignity.”(Kavuri, 2020b)The Article51A (g) was characterized as the “procedural Magna Carta protective of life & liberty,”hence, safeguarding the life of animals under it.

PREVENTION OF CRUELTY TO ANIMALS ACT, 1960

As the official law states, Prevention of Cruelty to Animals Acts is an act to prevent the infliction of unnecessary pain or suffering on animals & for that purpose to amend the law relating to the prevention of cruelty to animals that extends to the whole nation except the state of Jammu & Kashmir. The Act consists of six chapters & forty-one sections, addressing crucial points, such as cruelty to animals, their training & experimentation.

To avoid any ambiguities, section 1 of the act defines terms such as ‘animal’, ‘domestic animal’ & ‘captive animal’ that are mentioned throughout.
For the promotion of animal welfare generally & for the purpose of protecting animals from being subjected to unnecessary pain or suffering, a separate committee called the Animal Welfare Board of India was set in place by the act, under section 2.
Under section 3, owing to the principle of “Ahimsa” enshrined in the legal document that requests people to show compassion towards all beings, the act vests every person with the duty to take all reasonable care in order to ensure the welfare of such animals.
Section 11 of the act deliberates on various acts of cruelty towards animals. This includes prohibiting beating, kicking, overriding, over-driving, overloading, torturing, wrongfully capturing & confining, mutilating or otherwise treating any animal, in ways that subject it to unnecessary pain or suffering. It also forbids to ab&on or sell an animal ‘without reasonable cause’, knowing that the animal ‘will suffer pain by reason of starvation or thirst’ or involve them in purposes of entertainment like animal fights or shooting dangerous for them. The section provides for a maximum fine of One Hundred Rupees & imprisonment, which may extend to a term of three months in case of the violation of the set rules.
However, through Section 14, animals used in scientific experiments are exempt from all of the cruelty provisions mentioned in the act for the purpose of treating diseases & alleviating sufferings of human beings. The experiments carried out on animals by various institutions are regulated by the Committee for the Purpose of Control & Supervision of Experiments on Animals (CPCSEA) under the Breeding of & Experiments on Animals (Control & Supervision) Rules 1998.

Animal Rights are not exactly the same as accorded by humans to humans. Right appropriate for animals can include the right to live freely in the natural state of their choosing to express normal behaviour not to be used for entertainment, not to be used for experiments, not to be killed for food, to be free from hunger, thirst molestation, fear, distress, pain injury & so on. The animal rights govern what people do to animals or it is the benefits that people wish to bestow on animals. The Prevention of Cruelty to Animals Act 1960, is enforced for the promotion of animal welfare generally & for the purpose of protecting animals subjected to unnecessary pain suffering. In order to achieve the ultimate goals, the concerned Act should include some other provision other than the existing ones. From the evaluation of PCA it was found out that there exists no provision for the rights like rights to reproduction, rights to mental health, rights to clean environment & right to security at old age.

The above-mentioned rights are adequate for the welfare of animals & so it is necessary to have adequate regulation on PCA Act. To give birth to the young ones is to primary impulse of every animal including man. Mating in the natural habitat at the proper time is an inevitable thing to produce healthy offspring. Now the reproduction period of the domestic & captive animals are decided by their owners & artificial fertilization methods are used for that purpose. The denial of natural impulses & habitat may adversely affect the physical & mental health of the animals. So natural reproductive methods have to be promoted & so the PCA must include the provisions for the right to reproduction. Animals may get irritated, provoked, insulted & mimicked by the public while performing or exhibiting or at the time of their training. The provocation, irritation & ludicrous imitation will degenerate the mental health of the animals.

Thus, there needed provisions for the right to mental health in the Prevention of Cruelty to Animals Act. In PCA there were no remarks about the provisions of the right to favourable conditions of work. The provisions regarding the duration of work, conditions for working, the extent of work to be given to an animal etc. are not mentioned in PCA. Cattle’s include buffalo, bulls, bullocks, camels, cows, donkeys, goat’s horses, pigs, mules & sheep which are employed for various domestic & other purpose. So favourable working conditions must be provided for them to protect & maintain their health & life.

Health efficiency, immunity power & life expectancy of every animal is directly related to cleanliness. Clean food, water, shelter & working atmosphere is needed in order to sustain the health, efficiency & life. Deficiency of such clean & near environment will cause negative impact on the animals. So, provisions for the right to clean environment should also be enclosed in the very same Act. Like woe PCA Act also lacks the provisions for protection of animals at their old age.

In order to upgrade the animal welfare, due consideration & care must be given to them at old age. So it is necessary to enter some provisions relating to the security at old age in PCA. Under the Act the following rules have been formulated & framed for the effective implementation of the aims & objectives & provisions of the Act.

The Prevention of Cruelty to Draught & Pack Animals Riles, 1965,
The Prevention of Cruelty to Animals (Licensing of Farriers) Rules, 1965,
The Performing Animals Rules, 1973,
The Transport of Animals Rules, 1978,
The Prevention of Cruelty to Animals (Application of Fines) Rules, 1978,
The Prevention of Cruelty (Capture of Animals) Rule. 1972,
The Prevention of Cruelty to Animals (Registration of Cattle premises) Rules 1978,
Breeding of & Experiments on Animals (Control & Supervision) Rules 1998,
The performing Animals (Registration) Rules, 2001,
The Prevention of Cruelty to Animals (Transport of Animals on zos) Rules, 2001,
The Prevention of Cruelty to Animals (Slaughter House) Rules, 2001,
The Prevention of Cruelty to Animals (Establishment & Regulations of Societies for Prevention of Cruelty to Animals) Rules 2001,
The Animal Birth Control (Dogs) Rules 2001.

WILDLIFE PROTECTION ACT, 1972

Passed by the Parliament of India on August 21, 1972, & implemented on 9 September 1972,the Wildlife Protection Act is an umbrella Act to protect the wild species, animals, birds & plants, &establish ecologically important protected areas. Amended 6 times till date (the latest one being 2006), itcurrently consists of 7 chapters, 66 sections & six schedules.

Under Section 2 of the act, the hunting of wild animals & animals is strictly prohibited.However, it does permit the hunting of animals but only in special circumstances where itbecomes dangerous to human life & property, or when it is diseased or disabled beyondrecovery. The latter is also allowed only after rightful written permissions have beenobtained. Lastly, it lays the rules for using any wild animal for the purposes of education,scientific research without killing & harming the wild animals.
Section 5 restricts the trading of wild animals, animal articles & trophies. According toit, wild animals are marked to be state government property & therefore, banspossession, trading, of these animals or their derivative parts with a special emphasis onivory.
Through Section 6, the prevention & detection of offences to Wildlife are regulated.The powers of entering, searching, arresting & detaining the offenders to the ChiefWildlife Warden or wildlife authorities are granted in case of any suspicion. Furtherdefining the penalty for such offenders, the act states that imprisonment for a term whichmay be extended to 3 three years, or with fine up to twenty-five thous& rupees, or bothcan be imposed.
The 6 Schedules give a list of the wildlife species considered under the said act.
Through the 1982 amendment of the act, people were inhibited from applying forlicenses for animal article trading.
The second amendment of the act (1991) banned hunting of wild animals & birds,proposed immunization of animals in sanctuaries & national parks. (Hajare, 2020)

A bill was proposed to further amend this act in 2013 but was later withdrawn in 2016 to further refine & work on the proposal.

SECTIONS UNDER IPC

Some sections of the Indian Penal Code make it illegal to maim or cause injury to any animal.

Under Section 428, whoever commits mischief by killing, poisoning, maiming orrendering useless any animal or animal of the value of the ten rupees or upwards, shall bepunished with imprisonment of either description for a term which may extend to twoyears, or with fine, or with both.
According to Section 429, whoever commits mischief by killing, poisoning, maiming orrendering useless, any elephant, camel, horse, mule, buffalo, bull, cow or ox, whatevermay be the value thereof, of any other animal of the value of fifty rupees or upwards,shall be punished with imprisonment of either description for a term which may extend tofive years, or with fine, or with both.
Section 378 makes stealing an animal tantamount to the crime of theft.
Lastly, Section 508 criminalizes criminal intimidation which is to be charged if animalcaretakers are prevented illegally or forcibly from keeping pets or feeding stray animals.

Offenders can be reported to the local animal protection groups or at a police station, & a case can be filed under the above-referenced sections. Both the offences, however, arebailable in nature. (Kavuri, 2020).

SUGGESTIONS AND CONCLUSION

Following are the suggestions for effective checking of cruelty towards animals:-

Special tribunals should be set up with one judicial & two administrative members, one of whom should always be a representative of non-governmental animal rights welfare organizations. Analysis processes should develop & all cases should be disposed of within 6 months, as far as possible. Alternatively, as they materialize, the authority to entertain, try & dispose of animal-related cases will be conferred on Environment courts or tribunals.
Punishment prescribed must actually slap the offenders, not merely pinch them.
Animals must be given a right to be heard in all matters affecting them adversely. Thus right would be in harmony with the well-established principles of natural justice & can be exercised rough NGOs concerned with animal rights & animal welfare,
Enforcement should be entrusted to warden of Societies for Prevention of Cruelty of Animals (SPCAS) or to a special Animal police Force comprising of cadets elected from volunteers sponsored by NGOs: Limited police powers can be conferred upon such volunteers & wardens.
By analysing the PCA Act it was found that no adequate provisions are included in the Act for ensuring rights to reproduction right to mental health, right to clean environment & right to security at old age. Many times, draught animals are uncared after using it for assisting human labour. So, a mandatory provision to be incorporated in the Act which ensures life time protection of animals including animal insurance.
The flaw in the legal system lies with inadequate penalties for animal’s abuse & apathetic enforcement of existing laws. Police in many jurisdictions are not trained to identify & arrest animal abusers, prosecutors are hesitant to devote their resources to vigorous investigation & prosecution of animal cruelty offences & courts are often reluctant to enforce the available sanctions.

So a Minister of Justice for Animals should be appointed to:-

promote & protect the rights & interests of animals,
Initiate court proceedings on their behalf when necessary,
Represent them in court where any action affects their future development,
Liaise with the law commission to introduce a new Bill of Rights with the paramount principle of protecting the life & wellbeing of any animal.

Apart from legislative enactments there are numerous other ways to stop cruelty towards animals which involves people participation. For example: –

Make copies of Acts which declare cruelty towards animals.
as unlawful & distribute in newspapers,
Take press people to sites of cruelty.
Place “public interest ads in cinemas & newspapers informing the public that cruelty towards animals is forbidden & penalty font.
Give awards to people who have helped in stopping cruelty towards animals.
Form small activist groups in each village & city,
Humane education programs, especially those directed at children can help in create feeling of empathy for pets & inform pet owners of the proper way to care for their animals,
Shelter houses as a part of community development programs to be constructed in each & every village with people’s participation,
Scenes of violence involving animals should be banned from cinema & television expect for human education,
Representatives of movements that defend animal’s rights should be given an effective voice at all levels of government.

Once a strong updated law relating to prevention of cruelty to animals is brought into force with adequate infrastructural machinery to enforce it, the number of offences against animals will in all probability decrease. The present PCA Act has proved that animals, when perceived as matter, don’t really matter. The new PCA Act should therefore be a legislation whose bark should be as vicious as its. Some other ways to protect animals from exploitation are:-

Animals shouldn’t be blinded. Poisoned or burned just for soap. Shampoo or other cosmetics. But in labs across the country, these things happen all the time. Take a st& against animal testing by buying only cruelty free products.
Animals are alive for their own reasons, not to entertain humans. Animals in Circuses, zoos & movies are denied everything that is natural & important to them. They will never be allowed to hang out with their families graze, or do anything that they would do in the wild. Refuse to support this cruelty by never going to circus which displays animals or zoos.
In a classroom or research that involves dissecting any animal, suggest for a humane alternative assignment, such as using a computer programme to perform a virtual dissection.
Even just a “Little bit of fur from animals using in boots & collars caused tremendous suffering for them who was abused & killed on a fur farm or trapped & killed in the wild. Help project animals by refusing to buy or wear any fur. Educate students to rescuing animals in disaster zone.
The use of animals by humans exists for life from time immemorial. But in present scenario of life, approach, attitude & use of animals should be changed.
Cruelty towards animals can’t be continued on the presumption & rationality they are irrationals not having proper sense & not self-aware. Really it is not so they are being offered the sense, emotion & rationality, to the extent they require to live with in the environment that being offered by nature. As a first step of protection of rights of animals, man should not destroy its natural sites of inheritance to the possible extent.
The western liberal tradition makes a belief that animals are created for the foot, use & for material happiness of man.
The oriental approach of the protection of nature & all living beings became a proper answer to the rights of animals.
It does not however mean the animals should not be used for human welfare. They should be an approach of harmonious synchronization in the use of animals on the one h&& the protection of their rights on the other to the possible extent in the life of man.
The ability of animals includes to denote, the capability to fulfil their desires, not having pre-determined enmity etc to be valued in the use of the animal for man.
More basic laws at national & international level should be enacted & found along with vigorous efforts for an awareness an awakening to protect animal-rights along with human rights protection.
A better enforcement agency at National & State level in India, to Co-ordinate the existing agency becomes more necessary. The NGO & Charity institutions can become part of this as agencies that may offer better awareness among people for this purpose.
Protection of animal rights should be integrated with the principles of prohibition of abuse towards animals, unnecessary acts that prohibits their freedom etc.
The approach the treatment of animals goes beyond the philosophy that animal is the absolute property of humans & they have every freedom to treat & use as they wish, which western philosophy property rights envisions.
The new philosophy & awareness should be propagated the environment & animal kingdom, including all living being on the planet of earth is a basic need for the prosperous existence of man.
In India a corporative & meaningful effort as the part of Central & State legislatures can resolve the issue to greater extent.
A comprehensive statute for bringing together existing statutes & penal laws together the issue can be resolved to a greater extent. It is to be noted the existing laws & regulations are not in favour of animal interest.
It is also necessary that animal experimentation should be under strict controls & regulations. It can be allowed by persons with sufficient qualifications according to law. In case of transportation of animals, the existing rules should be strictly enforced.
It must be observed & accepted the animals are also living beings, & integral part of nature. Their existence & rights are to be protected & promoted even for the life of man for the present & future time.

[1]R&our& Davidson, 2008

[2]Lockwood, 2006

Trending: Call for Papers Volume 4 | Issue 4: International Journal of Advanced Legal Research [ISSN: 2582-7340]

ANIMAL IN DISDAIN- LEGAL IMPACT WITH REFERENCE TO INDIAN LEGISLATION – Brinda Jain & Dr. Ashish Kumar Singhal