Animal Cruelty

Animal Cruelty

What is Animal Cruelty?

The malpractice of treating animals with cruel, violence, unethical and depraved behavior. Subjecting animals to the environment where they feel scared, unprotected and terrorized is called Animal Cruelty.

People believe that they have right to treat animals in the way they want to. They think that they are free to love or inflict them with pain, harm or violence. Everyday, countless animals are being succumbed to inhumanity, torture and brutality. People go to circuses where they enjoy the dangerous and sometimes life-loosing stunts performing by the animals but behind the stage those animals face many inhumane and brutal acts by their masters. The cases of animal brutality are increasing day by day and the reason for these killings go unexplained. People kil and mutilate animals just for their personal satisfaction or fun. 

The recent brutal killing of a 15-year-old pregnant elephant in Kerala has created world-wide controversy. On May 12th, the pregnant elephant left the Silent Valley Rainforest and entered into a nearby village looking for food. The accused, Wilson, offered the elephant a coconut filled with explosives. As she chomped on it, the fruit exploded in her mouth, leading to severe injuries. The explosion in her mouth led to the breaking of her jaw and deep internal injuries. For the next 2 weeks, the elephant kept wandering around in pain and agony. None of the villagers bothered to rescue her. On May 25th, the elephant entered the Velliyar river in Malappuram, where she stood still for two days, squirming in immense pain. The accused were well aware of the fact that the poor elephant was pregnant and in deep pain. But still, they showed no signs of concern and help.

On 27th May, the poor elephant drowned herself, with her head dipped in the water and died. The assistant forest veterinary officer, Dr. David Abraham, stated in the postmortem that the reason for the death was the entry of Asphyxia into the lungs and water. The two other accused were the rubber estate owner, Abdul Kareem and his son Riyaz Uddin who are possibly hiding and the police are on the search. The main accused, Wilson has been arrested. The accused said that explosive filled fruits were used as bait to catch the wild animals, but nonetheless the intention of causing such immense harm is nothing but inhumanity. Criminal charges under the Wildlife Protection Act, 1972 has been filed which lays down a prison term of 7 years. 

Brief Analysis of Animal Abuse in India

• 19,028 cases of animal brutality were recorded in Mumbai in a span of 5 years (2011-2016). Although, not even a single arrest was made. 
• On May 18th, 2018 almost about 100 dead bodies of dogs were found in the forest area in Kongara, Hyderabad.
• A pregnant goat was gang raped by 8 men in Gurgaon, Haryana on July 29th 2018 and was later declared dead. 
• In August 2017, a man was held accused for raping a young female puppy to death. 
• In January, 2018 a man in Vadodara allegedly raped 3 cows in Vadodara. A case was filed under section 295A of the IPC which defines deliberate and malicious acts done intentionally to insult the religious feelings of any religious class.

Laws implemented for Animal Abuse

In the Constitution of India, 1949

Article 48 talks about improvement of agriculture and animal husbandry. It provides guidelines for the state to organize agriculture and animal husbandry based on new modern and scientific methods and to get rid of the old traditional ones. It prohibits the practice of animal slaughtering and imposes a complete ban on the slaughtering of cows, calves, milch and draught cattle.

Article 48A talks about the protection of the environment and wildlife. It directs the state to protect and improve the condition of the environment, safeguard and preserve the forests and wildlife of the country.

Article 51A lays down the 11 fundamental duties that were added in the Constitution by the 42nd Amendment act, 1976. Article 51A(g) specifies that it is the utmost duty of every citizen to protect and preserve the natural environment which includes the wild life, forests, lakes, rivers etc. It also lays that the citizens must have feelings of compassion and love towards the animals. 

In the Indian Penal Code, 1860

Section 428 and Section 429 lay down that a person who commits any mischief on animals or cattle with a motive of either causing harm, injury, killing, poisoning or maiming them will be held punishable with fine or imprisonment up to 5 years or both. Section 377 lays down that sexual intercourse between a man and animal is a cognizable and non-bailable offence. It can be termed as an unnatural offence. Whoever has carnal intercourse with any man, woman or animal against the order of nature will be liable to a punishment of imprisonment of life or imprisonment which may extend up to 10 years and shall be liable to fine.

The Prevention of Cruelty to Animals Act, 1960

Prevention of Cruelty to Animals Act was enacted in 1960 by the Parliament of India to prevent the infliction of unnecessary cruelty and the brutality on animals. It lays down the acts and the behavior which would amount to animal cruelty and their corresponding punishments. Section 11 of the PCA, 1960 lays down the major offences which clearly amount to animal cruelty. 

Section 11(1)

 This lays down the offences relating to Animal Cruelty. They are as follows:

1. If a person beats, kicks, overrides, tortures or treats any animal as to subject it to immense pain, suffering, agony and discomfort. Or if the owner of the animal permits it to be treated that way. 
2. If the owner of the animal permits it to be employed in any kind of work or labor which is unfit and inappropriate for the health of the animal due to any kind of infection, disease, wound or even age.
3. If a person intentionally and unreasonably injects or administers any kind of harmful drug or chemical into the bodies of animals. Even the attempt to do so is an offence.
4. Transportation or carrying of animals in a vehicle in such a manner that it causes them pain and discomfort.
5. Keeping an animal caged or confined in a space which is extremely small or not suitable for its size.
6. When an owner of an animal unreasonably neglects it by excessive solid chaining for a long period of time in a confined space.
7. Failure in providing an animal with the right amount of nutrition, sufficient food, drinking water etc.
8. Abandoning animals without any reasonable cause which leads to deprivation of food, water and shelter.
9. Permitting an animal while it is affected by a contagious disease or infection to go out in the streets without any protection. Letting any disabled or affected animal die in the streets.
10. Offer of sale of an animal suffering immense pain due to starvation, thirst, mutilation or any other harsh treatment.
11. Mutilation or killing of any animal (including stray dogs) by the use of any strychnine injection into the heart or any other brutal way or manner.
12.  Keeping an animal in a confined caged space either for entertainment purposes or to pose as a bait or prey to some other animal. Provoking or instigating animals to fight against each other.
13. Use of animals either for animal fighting or animal baiting like dog fighting, cock fighting, bull fighting etc.
14. Animals being used to shooting matches or competitions where they are brutally shot.

As per Section 148(c) of the Drugs and Cosmetic rules 1945, cosmetic testing on animals have been banned within the country. 

As per Section 135(b) of the Drugs and Cosmetic rules, 1945, import of cosmetic goods which are tested on animals abroad have been banned within the country.