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Put the Kind, Back in Mankind


 

Author: Eshita Pillania

INTRODUCTION 

It is important to be the voice of those, who can't speak for themselves. It is important to take care of each and every being on our planet earth. Surprisingly, the animals that bring joy to us and fulfill many of our needs, in return, we only have pain to give them. There has been a hike in the cases of animal cruelty now more than ever. Not only that we are going away from nature but we also are destroying and causing harm to it.

ANIMAL CRUELTY 

Animal cruelty is causing any pain, injury to an animal or any action that leads to death of the animal by the act of a person. It also includes neglect and not taking proper care of the animal by any person responsible for its maintenance. The term is vaguely defined by law, due to which proper punishable laws and preventive measures are not taken.

India’s global rank for Animal protection is second in global animal protection index 2020, released by World Animal Protection. Although, this data can be misleading as many of the cases or incidents of animal cruelty goes undocumented or unreported. The grade given to India in this report is C, with A being the highest and G being the lowest. In this same report, Austria and Sweden were among the highest holding rank. 

Record for the complaints of against animal crimes is recorded by the Ministry of Fisheries, Animal husbandry and Dairying. In 2020-21 it recorded 383 complaints against animals abuse and cruelty. There has been recorded 210 complaints for the year 2021-22 till now.

TYPES OF ANIMAL CRUELTY OF COMPANION

There is no doubt that we often witness crime against animals on the street, but sometimes victim of cruelty with owners go unnoticed. 

Laboratory experiments

Animals are made to inhale, feed, inject chemicals in their body in laboratories for research and experiments. Sometimes it’s even seen that protocol of animal welfare policies have been broken.

Animal circus

FIAPO (Federation of Indian Animal Protection Organizations) in its report (2010-2020) found out that out of 743 documented cases of working animals 100 cases were of animals that were used for entertainment. The owners of such animals use harsh and extremely disciplined methods for training animals. 

Cultural rituals

Our belief system is such that it supports number of superstitions that in one way or another approves killing or maiming any part of the animal. Many types of sacrifices and tortures are used to fulfill these rituals. In the same report of FIAPO, 60 cases were documented which involved animal cruelty because of misguided form of worship. 

Domestic abuse

Owning a pet is always exciting at first but sometimes the owner gets bored and starts to neglect and sometimes even abuse them.  There has been incidents which witnessed neglect and confinement of animals. Proper care of nutrition and sanitation too, are at times not taken care of. 

FIAPO claimed to have recorded 82 cases of sexual abuse of animal from the year 2010 to 2020. This data is alarming and steps to prevent animal cruelty is the need of the hour.

LAWS FOR PROTECTION OF ANIMALS

Although the constitution of India recognizes and have a duty against animal under article 51A (g). However, a different act exclusively for the protection of animals was required to be followed in the nation. This is when POCA, act came into existence in 1960.Prevention of Cruelty to Animals act, 1960 is an act that safeguards and protects animals in our country. Section 11 of this act deals with the punishments for the offenders. The laws in this act needs to be updated as the first time offender needs to only pay a fine of Rs. 10 to Rs. 50. While the second time offender has to either pay Rs.25 to Rs.100 or three months imprisonment, or both. 

This act covers hitting or hurting of an animal while, killing or injuring of an animal is covered under section 428 and 429 of Indian Penal Code and these offences are cognizable offences. Section 504 of Indian Penal Code covers threatening or abusing of animals. In a recent amendment, changes in the Prevention of Cruelty to Animal Act 1960 are being requested. It aims to increase the fine to up to Rs.75,000 or three times the cost of animals along with up to five years of imprisonment. It further aims at increasing the horizon of this act by dividing any harm to an animal into three major categories; 

A. Minor injury 

B. Major injury, leading to permanent disability 

C. Death of animal 

Other than this, India also has an animal welfare board formed under this act.  Similarly, wildlife protection act was introduced in 1972. In 2014 a new ray of hope was given to those who can’t speak as right to life was extended to animals as well via a court judgement.

HOW TO FILE A COMPLAINT AGAINST ANIMAL CRUELTY 

1. Police station:

 If anyone witnesses any cruelty or abuse against any animal he or she can file an FIR by clearly narrating the whole incident and submit any evidences if possible.

2. SPCA – Society for Prevention of Cruelty to Animals 

This is the only charity with legal powers to help animals in need and bring animal offenders to justice. One can approach this society and notify about any cruel treatment given to any animal.

3. NGOs:

One can approach to any NGO that deals with animal cruelty or whose aim is to protect and care about animals. NGOs can file a complaint in a police station on an individual’s behalf.

4. Senior government officials:

Any state or district animal welfare boards have officials appointed by government. Any individual witnessing any crime against animals can report to these officials.

Its important that laws in this regard is updated and proper counseling  and punishment is given to the offenders. Furthermore, any contact between the offender and animals should be barred. There is a long battle that needs to be fought before a strong foundation of proper animal laws is laid down. It’s time that we bring dignity of animals back and look after them as they are one of us.

References:

1. Report and materials of FIAPO- https://www.fiapo.org/fiaporg/reports/     https://www.indiacode.nic.in/bitstream/123456789/11237/1/the_prevention_of_cruelty_to_animals_act%2C_1960.pdf


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