Oct 12, 2020
Animal Welfare: Laws - Giving a ‘Voice’ to the ‘Voiceless’
“The greatness of a nation and its moral progress can be judged by the way its animals are treated”
- Mahatma Gandhi
Part 1: This is the first of a multi-part series where I would like to write about something that is very close to my heart: Animal Welfare.
Introduction
We ‘homo-sapiens’ are animals. From nomadic, hunter gatherers, living in forests, to the agricultural way of life, to creating towns and concrete ‘jungles’, we have indeed come a long way. We have self-declared our ‘righteous’ ownership on Mother Earth, due to our intellectual capabilities, analytical and logical reasoning, controlled dexterity, and extraordinary ability to invent, reason and evolve. But it is this very set of unique qualities that differentiates us from other living beings, that has been the source of many societal evils.
A nation is a collection of people who are driven by a common purpose. But we struggle even today to eradicate inequality, discrimination, and marginalization which presents itself in communities around the world, in various hues and shades. Based on ‘psychological egoism’, humans are driven by self-interest and selfishness even though there might be occasional hints of altruism. It is this human trait that economists too ‘count on’ when deriving viable models or public policies.
The human-animal bond goes back in time. Over the centuries, animals have ‘served’ humans in various capacities. Oxen and horses as labour in farms, dogs for hunting, chickens, goats, pigs and cows for satisfying humans culinary preferences. Humans have domesticated animals for personal and commercial purposes. As pets they have been trustful companions, giving the much needed emotional and physical support. Some professions rely heavily on them for their livelihood and gain.
We all have in some form or the other, interacted with our fellow living beings. While some of us have a higher affinity towards them and hence can ‘feel’ for them, others might be neutral or indifferent. As long as this ‘indifference’ doesn’t translate to harmful actions it is completely understandable. But alas, this is far from the truth!
Current Animal Welfare Laws in India
“Ahimsa” (non-violence), is an integral principle of Hinduism, Jainism and Buddhism. It very simply means that we are to treat all ‘living beings’ with respect (read “live and let live”) and non-violence. A virtue that resonates in Mahatma Gandhi’s value system too.
However, despite all this, why do we not co-exist in harmony? Why do we exploit our environment and all that uses it only to our advantage?
The Indian Constitution
Enshrined in the Indian Constitution, Article 51(G) states:
“It shall be the duty of every citizen of India to protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures.”
This lays down the basis on which legislations, policies and directives can be devised for animal welfare at the Central and State Governments.
Many laws have been enacted with the below being the most important and widely used:
- The Prevention of Cruelty to Animals Act, 1960
- The Wildlife Protection Act, 1972
The Prevention of Cruelty to Animals Act, 1960
The Prevention of Cruelty to Animals Act, was the first Animal related Act that came into existence, post independence. It is to prevent the infliction of unnecessary pain or suffering on animals. Ironically, in the Act, an animal is defined as “any living creature other than a human being”.
The Animal Welfare Board of India was established to implement the Act. The duties of which broadly cover the below areas:
- Chapter 3: Cruelty to Animals in general
- Chapter 4: Experimentation on Animals
- Chapter 5: Performing Animals
- Chapter 6: Miscellaneous: which includes religious sacrifices, search warrants, treatment and care of animals.
Penalties
While the Act has been in effect from 1960, the penalties imposed has not been revised inline with inflation. Below will give a glimpse of the punishment, which is a satirical reflection of the Governments apathy.
- Section 11 of the Prevention of Cruelty to Animals Act states that if any person allows, or himself beats, kicks or tortures, in any way, subjecting the animal to unnecessary pain and suffering the offence is up to 3 months imprisonment and/ or 50 INR fine.
- For laws related to pets, Section 11 mentions offences are up to 100 INR, and 3 months imprisonment in case of repetition of the offence.
In the recent past there have been many efforts proposing amendments to this Act. Ruling MPs have flagged the issue of “unreasonably low penalties” to the Union Animal Husbandry and Dairy Minister, but they are yet to see the light of day
Refer to the complete details of the current Prevention of Cruelty to Animals Act here.
The Wildlife Protection Act, 1972
The Wildlife Protection Act of 1972, states “to provide for the protection of wild animals, birds and plants and for matters connected therewith or ancillary or incidental thereto with a view to ensuring the ecological and environmental security of the country”.
The salient features and areas covered are
- Chapter 3: Hunting of wild animals
- Chapter 3A: Protection of specified species: includes plant licenses
- Chapter 4: Protected areas like Sanctuaries, National Parks and Closed Areas
- Chapter 4A: Central Zoo Authorities and recognition of Zoos
- Chapter 4B: National Tiger Conservation Authority
- Chapter 4C: Tiger and other endangered species crime control bureau
- Chapter 5 and 5A: Trade or commerce in wild animals, animal articles, and Trophies and its prohibition for certain animals
- Chapter 6: Prevention and detection of offences
- Chapter 6A: Forfeiture of property derived from illegal hunting and trade
- Chapter 7: Miscellaneous which includes Rights of Scheduled Tribes to be protected, Power of Central and State Governments to make rules
Penalties
Like the Prevention of Cruelty to Animals Act, for the Wildlife Protection Act too, the fines imposed on offenders was partly, until the 2002 amendment.
For example:
Section 51 in The Wild Life (Protection) Act, 1972:
- Any person who contravenes any provisions of Chapter 5A, shall be punishable with imprisonment for a term between 3 to 7 years and also fined not less than 10,000 INR.
- Any person who 1 [contravenes any provision of this Act 2 [(except Chapter VA and section 38J)]] or any rule or order made thereunder or who commits a breach of any of the conditions of any license or permit granted under this Act, shall be guilty of an offence against this Act, and shall, on conviction, be punishable with imprisonment up to 3 years and/ or fined not less than 25,000 INR.
Refer to the complete details of The Wildlife Protection Act, here.
Trivia: Its interesting to note that India ranks #2 in the ‘Voiceless Cruelty Animal Index’
All the below are on per capita basis:
Producing Cruelty: ranks countries based on the number of farm animals slaughtered for food each year
Consuming Cruelty: ranks countries based on their consumption of farm animals by looking at the ratio of plant-based protein to farm-animal protein consumed, and the number of animals consumed
Sanctioning Cruelty: ranks countries based on their societal and cultural attitudes to animals, as reflected in the quality of the regulatory frameworks that are in place to protect animals
While on paper India seems to have it in place, complemented with our cultural and religious views, the awareness and execution of these laws are where we are lagging far behind.
Conclusion
Due to technology and our IQ, we sit pretty on the food chain, where even the stronger and larger species are at our mercy. However, as the more intelligent species, it is our responsibility to ensure we have ethical and moral policies in place, and an healthy management plan to mitigate human-animal conflict.
There are multiple Sustainable Development Goals (SDG) outlined by the United Nations which encompass the environment, flora and fauna. India is on the bandwagon of nations that have signed up for the SDG 2030 agenda, but our progress in some goals especially those wrt nature, is barely noticeable.
In a country where the Human Rights Laws themselves are riddled in societal prejudices, one could expect the Government to deprioritise and stay indifferent to Animal Welfare laws, however, this doesn’t reflect a progressive society, and this mindset has to change. We have to take this more seriously, it is in all our interests that we maintain a healthy equilibrium.
To conclude, I would like to share a quote from Primatologist, Jane Goodall.
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