In India cases of animal abuse are rising at a very higher rate specially
against stray animals. This is a very crucial topic which is not discussed more.
Stray animals have been abused to cruelty from a very long time and with the
increase in human population, cases of animal cruelty are also increasing. We
will discuss the causes , effects and solution of animal cruelty against stray
animals in this article.
History and background
Animals have been considered an important part of Indian history and mythology.
Animals have been given great importance in Indian vedas and scriptures also.
Epics like Ramayana and Mahabharata holds great significance of animals. For
instance, Ramayana mentions about various animals such as jatayu , squirrel and
monkeys. In Mahabharata too there is a tale where yudhishthira refuses to go
into heaven without dog. So all these stories and tales depicts the importance
of animals in Indian culture and tradition.
But , with the beginning of evolution interactions among animals and humans have
been severely affected. Evolution has played a significant role in influencing
the life of stray animals. There are many factors that have given rise to
cruelty towards stray animals.
Factors leading to animal cruelty
Absence of compassion: absence of compassion and empathy is the the primary
factor which leads to animal cruelty. Sometimes people fails to understand that
animals too have feelings in a similar way as human. They consider animals as an
irritant or as a mere source of entertainment. Some people may fear that stray
animals carry various diseases which make them to avoid interaction .
Physical abuse: physical abuse towards stray animals is increasing day by day ,
which leads them to sufferings and pain. Cases of bestiality are rising at a
higher rate. Bestiality means a sexual relationship between an animal and a
human. Bestiality is very cruel for an animal. Bestiality can cause severe
injuries in the vagina , anal and other parts of an animal. Another forms of
physical abuse includes beating,dragging,kicking, poisoning,shooting etc.
Neglect: sometimes, pet owners abondon their pets on streets due to various
reasons. Such reasons can include time factor , lack of experience, change in
life situations, lack of financial resources, healthcare problems etc.
Abondonment can cause harmful consequences to animals such as suffering from
hunger or they may suffer from severe injuries to diseases. Many on them are
killed on roads accidents.
Lack of awareness and education: one of the reason is that people does not have
a proper source of information regarding welfare of animals. It shall be the
duty of government to provide education and information about animals to general
public. Initiatives must be taken by government such as making animal welfare a
part of academic curriculum , conducting various programs in remote areas as
well as in urban areas , providing sufficient funds to organizations who are
working towards the rehabilitation of stray animals.
Laws related to animal protection in India
Although various laws have been formulated for protection and care of stray
animals , yet there is a need of effective enforcement mechanism for better
implementation of such laws.
Prevention of cruelty to Animal act,1960: the prevention of cruelty to animal
act,1960 was enacted to prevent the infliction of unnecessary pain or sufferings
on animals. Section 11 of the act defines several acts of cruelty towards
animals it states:
"if any person: beats , kicks , over-rides , over-drives ,
overloads , tortures or otherwise treats any animal so as to subject it to
unnecessary pain or suffering , or being the owner permits , any animal to be so
treated or willfully administers any injurious drugs to any animal or keep or
confines any animal in cage , or being the owner neglects or fails to provide
sufficient food , shelter and drink , or mutilates any animal or kills any
animal" shall be punishable with fine which shall not be less than ten rupees
but which may extend to twenty-five rupees but which may extend to one hundred
rupees , or with imprisonment for a term which may extend to three months , or
with both.
Section 325 of BNS-section 325 of BNS (Bhartiya Nyaya Sanhita) states:
"Whoever
commits mischief by killing , poisoning , maiming or rendering useless any
animal shall be punished with imprisonment of either description for a term
which may extend to five years , or with fine , or with both.
Animal welfare and international laws
As of now , there is no international treaty that governs the welfare of
animals. The UN Convention on Animal Health and Protection , was introduced in
August 2018 but it has not been adopted yet. It was initiated by Global Animal
Law (GAL) Association. Article 1 of this convention talks about responsibility
,care and assistance of animals. It states that human must act in a responsible
manner towards animals according to their species-specific and ethological
needs. Article 4 talks about non-cruelty and good treatment.
It states "all
parties should take appropriate measures to end avoidable cruelty towards
animals and promote compassionate and humane treatment". Article 5 provides
fundamental interests of animals and Article 7 talks about general measures for
animal health, welfare, and protection.
Case Laws:
- Animal Welfare Board of India v. People for Elimination of Stray Troubles & Ors.
(2009):
In this case , the organisation argued that municipal corporation is
using cruel and inhumane ways to control population of stray dogs including
culling. These ways violates the provisions of Prevention of cruelty to Animals
act , 1960. The supreme court emphasized that municipal corporation must provide
mandatory infrastructure provided under the prevention of cruelty to animals act
, 1960 and Animals Birth Control (Dogs) Rules, 2001 to maintain balance between
dogs and human beings and thereafter, they can harmoniously co-exist with each
other.
- Urvashi Vashist & ors. Vs Residents Welfare Association & ors (2021): in this
case, the petitioners were animal lovers who gave care to and were feeding
street dogs in Vasant Kunj , New Delhi. Petition was filed by them which stated
that whenever the petitioners were trying to feed the dogs , enormous
resistance was caused by the local residents. The Delhi High Court contended
that a specified spot is to be identified by the parties and in those
identified sites, the street dogs are to be fed by petitioners.
- People for Elimination of Stray vs State of Goa by its Chief Secretary & ors
(2008):
In this case the petitioners filed a writ petition stating that whether
the municipalities or local authorities have the right to kill stray dogs
instead of following a humane approach like sterilization as per the Prevention
of Cruelty to Animals Act. The judges contended that killing of stray animals
are not permissible. Such practices are prohibited. The killing of stray animals
must be done by humane approach. No one is allowed to kill them by shooting or
poisoning. The judges supported the scientific approach i.e. sterilization and immunisation through the participation of Animal Welfare Organisations (AWO).
Role of NGO's in protection of stray animals
Non- governmental organisations and non-profit organisations plays a vital role
in protection of stray animals. They work towards the betterment of such animals
who are often neglected. They work tirelessly and without the greed of any
profit. Some of their functions are:
-
Rescue and rehabilitation: NGO works towards the rescue and rehabilitation of stray animals. Sometimes animals are found in terrible situations, and NGOs help them to get rid of those situations and rehabilitate them in a safe place. They provide medical facilities to injured animals or those suffering from any kind of disease.
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Awareness: NGOs raise public awareness about animal welfare and demand strong laws for animal protection. They provide information to the general public about the care of animals and educate them about the consequences if they are neglected.
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Population control: NGOs help to control the population of stray animals in a humane and effective way. They conduct sterilization programs in association with the government in different areas and localities, focusing on spaying stray animals to control their population and strike a balance between humans and animals.
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Rehoming: NGOs help animals find a home. They conduct adoption programs both online and offline to provide animals a safe shelter and a good environment where they can receive proper care.
Conclusion
Animals are the most vulnerable creatures on Earth. The condition of stray
animals in getting worse day-by-day. They face many challenges such as lack of
food , shelter , medical facilities etc. It must be the duty of every citizen to
provide them with proper care and protection. The government must implement more
strict laws for their protection and provide for harsher punishments for those
who physically abuse them. There is a need to spread social awareness among
general public about care and protection of stray animals.
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