Animal Cruelty and Legal Responses

This post has been written by Kabeer Kalwani, a first year law student from Hidayatullah National Law University, Raipur.

When we see some brutal happenings or slaughtering of animals, the first question that comes into our minds is how can someone do such inhumane thing with an animal who can’t even stand for himself. As the world is developing and there is shift towards a new era for humans, the brutality and the life of other animals except humans is facing a great danger, and the reason for increasing slaughter, brutality and cruelty for speechless animals are humans themselves.

It is the duty and responsibility of the people to understand that the world is equal for everyone, although hums with their intelligence have brought up socialization and civilization, they are only the reason behind such great technologies and communication facilities, but other animals also have equal rights over our mother earth, if humans are the children of the earth then so are other animals.

Humans are dependent on animals for many reasons, we need cows and bulls for farming activities, we need dogs for security purpose and there are a hundred of requirements of animals in our day to day life. There are many humans who have dogs, cats and other animals as pets, who are their best friends and even they help them to remove the loneliness and sadness fro their lives.

There are many cases in India for animal cruelty and the number is still in a great rise. In every 60 seconds an animal faces any kind of cruelty or slaughtering.

9 Things to do when you see Animal Cruelty

There are 9 things guided by PETA INDIA that one should do while seeing animal cruelty in front of them, and those are as follows.

1. Remain calm and get veterinary care.Please don’t assume that someone else will help. An abused animal may need immediate veterinary care, without which, he or she may suffer for a long time or die from his or her injuries. If you must leave the animal momentarily, ask someone you trust to stay with him or her while you’re gone and return as soon as possible with help. Check out our guidance on what to do if you spot an animal in distress.
2. Speak up, because if you don’t, who will?If you see a chained dog, befriend his or her guardians and help them make positive changes to care for their animal companion and to allow him or her to live indoors. If children are throwing stones at birds, don’t hesitate to tell them to stop and explain why it’s wrong to hurt animals. Check out these other tips on what to do about chained dogs.
3. Know the law. Familiarise yourself with animal-protection laws by visiting the websites of theAnimal Welfare Board of India and the Ministry of Environment, Forest and Climate Change.
4. Document the crime. The second you see that something is wrong, take a photo or video with your cell phone to document the details if you can, and be sure to capture important information such as license plate numbers and a visual of the abuser. Collect witnesses if you can, and get statements from experts, such as veterinarians, about the animal’s physical condition or cause of death.
5. File a first information report (FIR) with the police immediately. Report the crime to the police. A FIR sets the process of criminal justice into motion – police will investigate a case only after a FIR has been filed. If you don’t know how to file a FIR, this guide will help.  The police are required to take your FIR.If in spite of this, your FIR isn’t registered, take the matter up with the Superintendent of Police or other higher-level officers, such as the Deputy Inspector General of Police or the Inspector General of Police. You can also file a private complaint with the court.
6. Notify other appropriate authorities.In addition to law-enforcement officials, think about other authorities you could file a complaint with. For example, if you witness cruelty to animals at a tourist site, notify the Minister of Tourism of the state you’re in. If someone is abusive to wildlife, contact a forest officer via your state’s forest department, or if the abuse occurred on a college campus, get in touch with the dean. Contact details of such officials can usually be found easily on the Internet.
7. Contact animal-protection groups.Local animal-protection groups, veterinarians and animal-welfare officers can provide you with further assistance. You can use PETA’s helpful links to online directories.
8. Be persistent. Don’t let criminals get away with abusing animals. Follow up with local authorities about your case, meet with officials and consider contacting the media to generate coverage and momentum. You can even seek legal counsel if necessary and take your case to court. Many lawyers are willing to help animals for free – you just need to ask.
9. Thank the people who helped. Share victories with others, and acknowledge the people who helped you obtain justice for animals so that they will be motivated and inspired to help more animals in the future.

Laws Related To Animal Rights

• According to article 51A(g) of Indian Constitution, It is a fundamental duty of every citizen of India to have compassion for all living creatures.
• According to IPC Section 428 and 429, to injure, wound, or kill any animal including the stray animals is a punishable offence.
• A special book of law has been made for prevention of animal cruelty with the name of Prevention of animal cruelty act, 1960.
• Monkeys are protected under Wildlife (protection) Act, 1972 and they cannot be displayed or owned.
• There are separate slaughter house rules made for slaughtering of animals.
• Cosmetics tested on animals and the cosmetics tested on animals is banned, Rules 148-C and 135-B of Drugs and Cosmetics Rules, 1945.
• According to section 38J of Wildlife (Protection) Act, 1972, teasing, feeding, disturbing the animals inside a zoo and littering the zoo premises is a offence punishable by a fine of Rs.25000 or imprisonment of up to three years or both.
• 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.

Conclusion

In today’s modern world we can see a thousand of examples for cruelty of animals, people hurt animals for fun, just because that animals can’t speak, cannot stand for themselves people go on harming them. It is the duty of the parents of children to make their child realise the importance of animals and life. If they can’t speak it does not mean they are not hurt.

We celebrate festivals and they suffer, people tie crackers in a stray dogs tail, they throw them in river or pounds during holy, there are a number of examples in every neighbourhood for such cruelty and no one even cares to report such cases, is that something that we are teaching our future generation. There are no strict laws for cruelty, there are laws but the should be more strict, so that people should have fear in their minds by thinking of the consequences that they might face after such acts. This is the time to act smartly, so lets come together and end this cruelty.

Image from http://www.expanrr.com/where-is-our-humanity-gone-kerala-pregnant-elephant-dies-at-the-hands-of-our-sick-society/