Oct 23, 2023
Pets and Stray Animal laws in India
Introduction
India, the home of the sages, has long been known for its concept of compassion for all living things. When cooking, most Indian households, both rural and urban, set aside some of the food for cows, dogs, and birds. However, because they were born as a superior species, humans believe they have the only right to this planet and all of its benefits. Animals have been pushed from their natural homes, and people who try to aid them are frightened and targeted. Numerous incidents of criminals attacking dog lovers while pretending to be human race savers have occurred.
Despite the fact that animals are speechless, society must speak for them. Animals shouldn't be made to feel any suffering or anguish. Animal cruelty causes them psychological suffering. Animals have feelings and can breathe like humans. Stray animals and wild animals require self-determination, food, water, shelter, normal behaviour, and medical treatment.
In India, many building societies have discriminatory pet-related restrictions. Pet owners frequently get criticism for disobeying pet-related laws, some of which are absurd and unlawful while others are reasonable and fair.
Indian Laws and Provisions
The 10 Fundamental Duties listed in Article 51-A of the Constitution can be divided into four categories: duties to one's own well-being, duties to the environment, duties to one's country, and duties to one's own state. Although they are non-justifiable in nature, "Directive Principles of State Policy" instructs the government to keep them in mind when drafting laws. The following categories comprise Directive Principles: Gandhi was a champion of social, economic, political, administrative, legal, environmental, monument protection, and safety and peace[1]. The Indian Constitution (Forty-second Amendment) Act, 1976 added the first specific environmental protection and improvement clauses following the Stockholm Declaration in 1972.
The Constitution of India
Every Indian citizen has a responsibility to preserve and maintain the natural environment, which includes forests, lakes, rivers, and animals, as well as to show compassion for all living things, according to Article 51-A (g)[2].
The State shall work to preserve and improve the nation's environment, as well as its forests and wildlife, according to Article 48-A[3].
Citizens' fundamental rights are covered in Article 19. So, Article 19 includes the "Right to Protect the Environment.[4]"
All citizens are granted religious freedom under Articles 25, 26, 27, and 28 while still upholding India's secularism[5]. All religions are treated equally before the State, according to the constitution. Every religion is free to be preached, practised, and spread by the citizens in their own way. Numerous religions include the practice of feeding animals, such as dogs.
Rules under Different Enactments
All acts of stray and wild animal cruelty are considered crimes under Section 11 of the Prevention of Cruelty to Animals Act[6]. There are provisions for both fines and imprisonment. There are similar clauses in the Indian Penal Code.
The Animal Birth Control (Dog) Rules, 2001, passed under the Prevention of Cruelty to Animals Act, forbid the throwing or driving of stray dogs from one region to another, as well as sterilisation and vaccination as methods of stabilizing/reducing stray dog populations and removing the risk of rabies[7]. Even the killing of stray dogs was outlawed by the Supreme Court of India in certain of its decisions.
It is against the law for an individual, RWA, or estate management to remove or relocate dogs, according to the Stray Dog Management Rules of 2001[8]. The canines must be sterilised, given their shots, and then brought back to the same location. The city can't take away pets that have received their shots and been spayed or neutered.
A violation of Section 506 of the IPC is making threats against, abusing, or harassing a neighbour for feeding animals[9].
I.P.C. Sections 428 and 429 impose harsh penalties (up to 5 years in prison) on anyone who resorts to dislocation, abduction, or other cruel acts toward domestic pets or other animals in the community[10].
Sections 73 through 79 and 99 of the Delhi Officers Act of 1968 offer police specific authority to intervene when a wild or stray animal offence has been committed.
Animal feeders are granted immunity under a Ministry of Public Grievances notification, and an Animal Welfare Board of India notification, both dated March 2008, which prohibit government employees or organisations like Resident Welfare Associations from harassing people who try to feed or assist wild and stray animals.
The Environment (Protection) Act of 1986 and the Wildlife (Protection) Act of 1972 provide protection from various forms of cruelty to stray dogs.
On November 22, 2010, the Central Mumbai Consumer Disputes Redressal Forum issued a directive sharply criticising housing associations that had been charging residents for the usage of elevators since October 2008 for pets[11].
In 2011, the Delhi High Court issued an order directing the police to protect dogs and dog feeders[12]. The judgement also declared it an offence for anyone to limit, forbid, or annoy anyone who is feeding a street dog, or to resort to removal, dislocation, or killing of a dog.
A similar injunction banning the removal, culling, or dislocation of a dog anywhere in India was issued by the Supreme Court of India in 2009.
‘Who’, ‘Where’, and ‘How’ of reporting Animal Abuse
Who can report?
Animal abuse can be reported by ‘anyone’ and ‘everyone’, when they see it happening.
One may still file a report of animal cruelty even if they were not present when the incident occurred but learned about it from a friend or neighbour as long as they know the location of the animal.
They can even compel the eyewitness to speak out in opposition to the cruel treatment of any animal, whether it be a dog, a bird, or even a wild animal.
Anyone who is around living things shouldn't put up with even the smallest act of cruelty or damage. One should be informed of the options available for reporting animal abuse, including phone and internet options.
Even animal abuse observed on television, in a movie, or in any internet series can be reported.
If the other person believes the pet's owner has treated the animal cruelly in any way, they may even file a complaint against the owner.
Where to report?
Animal cruelty is forbidden by the Prevention of Cruelty to Animals Act of 1960. A police officer can be informed of animal cruelty. If someone sees animal abuse of any kind or believes it will happen somewhere, they should dial 911.
One must contact PETA India via postal mail, telephone, fax, web form, or e-mail. To help an animal who's in immediate physical danger or in urgent need of veterinary care, PETA India’s emergency number is 9820122602. For non-urgent situations, alternative contact numbers are - 9619167382? or 9167907382.
One might dial the police or the police station in the reputable neighbourhood where the maltreatment is occurring.
If one is unable to contact any legal authorities, one can get in touch with organisations that help stray animals or people.
Even online, one can report an instance of animal abuse on websites like "The Pet Nest."
For reporting various sorts of animal cruelty, PETA[13] India offers several options. For instance, there is a different form[14] for reporting animal abuse in a lab, and there is a different form[15] for reporting animal abuse in a movie or on television.
Animal advocacy groups like "The Humane Society" invite people to report animal abuse on their page or to the police.
Along with reporting animal cruelty, one is required to take additional actions, such as contacting a veterinarian, confronting the perpetrator, and filing an FIR right away.
The Royal Society for the Prevention of Cruelty to Animals[16], an organisation dedicated to animal welfare since 1824, offers a website where people can report instances of animal mistreatment.
Each nation has its own reporting guidelines and hotlines for both present and past acts of animal cruelty. One must be knowledgeable of the laws and regulations of the nation or state they currently reside in.
How to report?
When filing a complaint, one can document the incident to aid the prosecutor in bringing the abuser to justice. Animal cruelty reports should be as thorough as possible, which means they should include the times and circumstances of the incident. A witness or other proof of the alleged act is very helpful in establishing the accused's guilt. The person filing the complaint does not have to come forward in person. He or she has the option to remain anonymous and file a complaint.
When one witness an act of animal cruelty, one should immediately contact animal control or a police officer to file a complaint. It is encouraged that even if you are unsure if the act qualifies as animal cruelty or not, you nonetheless report it to animal control so they may check into it and make sure no cruelty occurs.
One should be cautious and aware of their surroundings while visiting a location where animal cruelty is occurring so that they do not put themselves at any risk. This is because it is extremely likely that the perpetrator or the animal would react in a way that is harmful or lethal for the witness.
One must take extreme care with unknown creatures who might be scared or in distress, and they must never enter another person's property without their permission or invitation.
Giving police enforcement the names and phone numbers of the people who were there when the crime was committed would be very helpful.
The person filing the complaint, or the person he contacted and who is in charge of the complaint, must also keep an accurate record so that, in the event that the official does something dishonest or improper, the person may inform higher authorities. One might get in touch with their local or native animal welfare organisation for assistance if they are unsure of the procedures or tactics to employ in fighting animal cruelty cases.
Instances of Animal Abuse in India vis-a-vis Kerala Incident, 2022
The problem of stray dogs has long plagued Kerala. An estimated 280,000 strays live on its streets, and their number is increasing by 20% yearly. In Kerala, another 900,000 dogs are kept as pets. Attacks by stray dogs on women, children, and the elderly are frequent occurrences. Approximately 100,000 individuals have been bitten by stray dogs this year so far, and 21 rabies-related fatalities have been documented[17].
Following a wave of brutal attacks on people, including children, in the state of Kerala, a street dog that was supposedly accused of attacking people was beaten to death and then publicly hanged. More than a dozen stray dogs were also discovered dead in various parts of the southern state, apparently as a result of poisoning, thus this wasn't the only incident[18].
Animals are granted "five freedoms," according to the court in the 2014 case of Animal Welfare Board of India v. A.Nagaraja & Others (2014)[19]. These include the freedom from hunger and thirst, discomfort, suffering, disease, and damage; the freedom from fear and anguish; and the freedom to act normally. Additionally, the court, in this case, ruled that bulls should not be utilised in any races or bullfights and should not participate in bull-taming sports like Jallikattu. The Court acknowledged that Article 51-A(g) and (h) of the Indian Constitution, along with Sections 3 and 11 of the Prevention of Cruelty to Animals Act, guarantee both the right to live in a healthy and clean environment and the right to receive protection from humans against needless suffering or pain.
The Punjab and Haryana High Court ruled that the entire animal kingdom of their respective states will be considered a legal personality and have a separate identity with the corresponding rights, duties, and liabilities of a legal person in another case of Karnail Singh and others v. State of Haryana (2019)[20]. As the human face for the protection and care of the wild and stray animals, all State citizens have been recognised as persons in loco parentis. However, a similar petition asking the Supreme Court to recognise the entire animal kingdom as a separate legal species with equal rights to sue and be sued as well as obligations under the law was submitted. The government received notification from the court, and the case is still pending in court.
In Subhas Bhattacharjee v. State of Tripura (2019)[21], the Tripura Court determined that the state's practice of offering animal sacrifices in its temples was unconstitutional. The court pointed out that under Article 25 of the Indian Constitution, religious freedom might be restricted if it interferes with other fundamental rights or if it endangers the public's health, morals, or order. While respecting the fundamental rights of wild and stray animals, the court noted that sacrificing animals for religious purposes is wrong and disturbs one's ability to maintain their mental calm. Additionally, according to Section 28 of the PCA Act, only necessary ceremonies may be used to protect someone from punishment for killing an animal in line with their faith or society.
Conclusion
Animal regulations in India were passed many years ago and are now out of date in light of the socioeconomic climate of the country. Animal rights activists and other NGOs have pushed for improvements to India's animal legislation, but so far, no concrete steps have been done by the authorities.
The Indian Constitution's Article 51A(g) also states that it is our duty to protect and uphold animal rights. Due to a lack of efficient controls, animal cruelty has significantly increased over time. The courts have been essential in protecting animal rights by extending the application of Article 21 of the Indian Constitution.
Animals should not be used for entertainment, religious sacrifice, or any other action that constitutes animal cruelty. The Animal Welfare Board, the government, the courts, and non-governmental organisations should all thoroughly investigate any such activity (NGOs). Humans do not control animal life, thus we must live in harmony with it.
JAGRUTI INDIA, https://jaagrutiindia.files.wordpress.com/2013/03/a-dossier-of-indian-street-dog-related-laws-and-court-rulings.pdf
INDIA CONST. art. 51A, cl. g.
INDIA CONST. art. 48A.
INDIA CONST. art. 25, 26, 27, 28.
INDIA CONST. art. 19.
Prevention of Cruelty to Animals Act, 1960 § 11, No. 59, Acts of Parliament, 1960 (India).
MINISTRY OF HOME AFFAIRS, https://www.mha.gov.in/MHA1/Par2017/pdfs/par2016-pdfs/ls-020816/2572 E.pdf
Ibid.
Indian Penal Code, 1860 § 506, No. 45, Acts of Parliament, 1860 (India).
Indian Penal Code, 1860 § 428 and § 429, No. 45, Acts of Parliament, 1860 (India).
Supra note 1.
Supra note 1.
PETA INDIA, https://www.petaindia.com/
PETA INDIA, https://www.peta.org/issues/animals-used-for-experimentation/hero-animals-labs/
PETA INDIA, https://www.peta.org/about-peta/contact-peta/report-cruelty/
Royal Society for the Prevention of Cruelty to Animals, https://www.rspca.org.uk/
Jeemon Jacob, How stray dog menace is getting out of control in Kerala, INDIA TODAY, (Sep. 8, 2022, 05:38 PM), https://www.indiatoday.in/india-today-insight/story/how-stray-dog-menace-is-getting-out-of-control-in-kerala-1997968-2022-09-08.
Sniggha Choudhury, Inside Kerala’s Stray Dog Menace: 21 People Dead Due To Rabies; Brutal Visuals Of Killing Dogs Emerge, INDIA.COM (Sep. 18, 2022, 8:43 AM), https://www.india.com/news/india/kerala-stray-dogs-menace-street-dogs-killed-poisoned-21-people-dead-rabies-vaccine-5637893/.
Animal Welfare Board of India vs. A. Nagaraja&Ors., Civil Appeal No. 5387 of 2014.
CRR-533-2013.
2019 SCC Online Tri 441.
