File Copyright Online - File mutual Divorce in Delhi - Online Legal Advice - Lawyers in India

History Of Legislation In Animal Laws After Independence

India achieved its freedom from British colony in 1947 after a huge struggle and sacrifice of millions of people. It become free from all kind of restrictions and hardlife they had during that havoc period of British rule. After independence Constitution was formed which creates a rule to be followed by every citizen of India for betterment of people of our own country. Our constitution give us with all freedom and rights which an individual expect in all aspects to live a dignified life.

In one place where we are provided with all rights and freedom, on the same place rights of different form of organisms are being hampered by individual like us. Humans are misusing their rights and damaging the environment by killing animals that are very beneficial for our society and future generation. Animals like elephant, lion, tigers, bears, rhinoceros and many more animals are being killed for their skin and tooth.

Animal species are very important to maintain quality balance on our beautiful planet Earth. They are the integral part of our day to day life, they provide us with milk, egg, flesh, and many more things. They helps us in domestication and animals like ox help farmers in their farming activities for ploughing, and carrying loads from one place to another.

After the Indian Independence, apart from food and clothing usage, few more things have been added up to animal cruelty. One of them is scientific experiment and cosmetic tests. Science has found animals to be a great living creature for experimenting the authenticity and applicability of its outputs for human welfare and needs. After looking on to this issue Government of India come up with a new Rules 135B and 148C of the Drugs and Cosmetics Rules, 1945 which prohibit the Cosmetics testing on animals and the import of such products is banned.

Indian government comes up with many laws which restrict such activities of killing, maiming or experimenting on animals.

Laws On Animal Include The Following:

  • The Prevention of Cruelty To Animals Act, 1960
  • Draught And Pack Animal Rules, 1965
  • The Wildlife Protection Act, 1972
  • The Transport of Animal Rules, 1978
  • Slaughter House Rules, 2001

The Prevention of Cruelty To Animals Act, 1960

The prevention to cruelty to animal act was enacted by parliament on 26th December, 1960. The main aim of this act is to prevent the inflictions of unnecessary pain on animals. This act is extended to all the states of India except Jammu and Kashmir. In this act Animal means any living being other than humans.

This act also states that it is the duty of the person who is having the charge of animals to ensure its safety and security and should have to follow all the necessary measures to prevent their animals from unnecessary pain or suffering.

In the act, Chapter II prescribes the establishment of Animal Welfare Board of India (AWBI).

The functions of AWBI are:
  • It gives advise to Central Government regarding amendments and rules that are to be made to prevent unnecessary pain to the animals while storing them for experiments, transporting them etc.
  • It also focusses to encourage the financial assistance, rescue homes and animal shelters for old animals.
  • Advise the central government on assistance and medical care for animal hospitals
  • It also focusses on creating awareness among people towards animal welfare using advertisements, books, posters, social media and lectures.

Chapter III, section 11 of prevention to cruelty act, provides several varieties of cruelty to animals these are as follows:
  • Torturing, Kicking, overriding, overloading, or beating so as to give unnecessary pain or suffering to an animal.
  • Engaging any animal in work or employment for which it is unfit or not meant for.
  • Administered with injurious drugs or substance wilfully and unreasonably.
  • Carrying or conveying any animal in either in or upon any vehicle in such a manner so as to subject it to suffering.
  • Keeping any animal in any cage or other receptacle which does not have sufficient height, length and breadth to permit reasonable movement of the animal
  • Keeping an animal in a heavy chain or chord for an unreasonable time.
  • When the owner does not provide animal with sufficient food, water or shelter.
  • Unreasonably abandoning an animal in circumstances which provide it with starvation or thirst.
  • Being an owner permitting an animal to go on to the streets when it is affected with contagious or infectious diseases.
  • Being an owner, unreasonably permitting any diseased or disabled animal to die in any street.
  • Offering an animal for sale which is not healthy and suffering from pain due to starvation, thirst, mutilation or ill treatments without any cause.
  • Killing any animal by using strychnine injections in the heart or any other cruel manner.
  • Organising, keeping or managing a place for animal fighting or for the purpose of baiting an animal.
  • Taking part in a shooting competition wherein the target's for shooting are animals.
  • If a person commits any offence as given in section 11 of Prevention of Cruelty to Animal Act, 1960 shall be punishable.
  • If a person commits offences for the first time then he/she will be punished with a fine which shall not be less than ten rupees but may extents till fifty rupees.
  • For the second time within the three years of previous offence the fine should not be less than twenty five rupees which may extend till one hundred rupees or imprisonment for a term which may extend till three months, or with both.

Draught And Pack Animal Rules, 1965:

This act defines pack animals as those animals who carry heavy weight on their back and are used by human beings. Whereas draught animals are those animals who are used to pull the load through vehicle for example cart or plow. This act provides with the list of weight that an animal may carry on their back or used to pull a load. It provides with the maximum loads for draught animals for two wheeled vehicle, these are as follows:
Animal used Weight if fitted with ball bearings Weight if fitted with pneumatic tyres
Small bullock or small buffalo 1000kgs 750kgs
Medium bullock or medium buffalo 1400kgs 1050kgs
Horse or Mule   750kgs
Pony   600kgs

For pack animals no extra weight can be loaded on them by people. Load criteria for different animals are given in the following table:
Animal used Weight to be loaded
Small Bullock or Buffalo 100kgs
Medium bullock or buffalo 150 kgs
Large bullock or buffalo 175 kgs
Pony 70kgs
Mule 200kgs
Donkey 50 kgs
Camel 250kgs


Not more than 4 person can be allowed on the vehicles drawn by animals excluding driver and children below 6 years of age.

A person should not use spiked sticks or bit, harness or yoke with spikes, knob or projection or any sharp tackle or instrument for drawing any vehicle because it might cause severe harm to the animal.

The Wildlife Protection Act, 1972

This act is meant to provide the protection of wild animals, birds, and plants and to ensure the ecological and environmental security of the country. Wildlife Protection Act prohibits poaching, poisoning, trapping, killing, or harming of any wild animal or bird. This is the first legislation that provides a broad list of endangered species. The act is not applicable in Jammu and Kashmir but applies to various states and regions.

The act is divided into six schedules and each schedule provides a varied form of protection. Schedule 1 and schedule 2 of the act gives immense protection to the wild animals and penalty charged for the violation of such provisions is very high. Animals are protected in schedule 3 and 4 but the penalty charged is low. Schedule 5 tells us about the animals which can be hunted and schedule 6 states the list of specified endemic plants which are prohibited for cultivation and planting.

The Act gives permission to Center and State governments to declare any area 'restricted' for the wildlife sanctuary, National park, etc. Wildlife protection act provides the establishment of welfare advisory boards and various duties of the boards. Purchasing of wild animals without a license from a dealer is restricted under Section 49 of the Act. Transportation of any wild animals, birds, plants without the permission of chief wildlife warden or any official authorized by the state government is prohibited.

The act provide provisions for the protection of aquatic life and birds. It also covers zoo animals under this Act. The definition of wildlife under this Act includes any animal, aquatic, or land vegetation that forms part of any habitat.

The Transport of Animals Rules, 1978

The act provides guidelines for transporting various animals including monkeys, dogs, cats, etc. are included. It also laid down rules and regulation for the size of transport cages for different animals.

Rules and regulations for transportation of dogs and cats are as follows:

  • Health certificate from a qualified veterinary surgeon and it doesn't show any sign of infectious or contagious disease including rabies.
  • If the dogs or cats that are to be carried in same container then they should be of the same species and breed.
  • Female cats and dogs cannot be carried in cestrus season with male.
  • For long distance transportation they should be fed with water atleast two hours prior to their transport. Also they shall not be packed for transport if they are hungry or thirsty.
  • They should be provided with adequate water for drinking every four hours in summers and six hours in winters.
  • Proper arrangement and care should be taken for their journey.
  • Their cages must be properly clean and disinfected before they are to be put in it.
  • Paddy straw or saw dust or paper cuttings shall must be provided for their resting material.

For Monkeys:

  • Health Certificate for monkeys are also required for their transportation.
  • Pregnant monkeys cannot be transported except when there is permission from central government.
  • Monkeys those are having weight more than 5 kilograms are to be carried in compartmented cages.
  • They are to be transported in suitable wooden or bamboo cages that does not allow them to escape but permits sufficient passage of air ventilation.
  • For journey to be of more than six hours then there should be one attendant who accompany the monkeys throughout and supply them food, water, and such other things on route and shall have access to monkeys for providing them with water and food and attention at all stations en route.
  • Food and water container should be checked every six hour and refilled.
  • They are not to be disturbed during night hours.
    • For air transport they should be provided with food and water immediately before loading.
       

Slaughter House Rules, 2001

The rule states that no one is allowed to slaughter an animal anywhere and everywhere other than the recognised or registered slaughter houses. Slaughter basically defines as a process of killing or destructing any animal for food purposes and the processes and operations performed on all such animals for preparing them for being slaughtered.

Slaughter house is a place where in 10 or more than 10 animals are being slaughtered everyday and are being licensed or recognised under Central, state or provisional act or any other rules and regulations.

Rules For Slaughtering The Animals:

  • Animals cannot be slaughtered within the municipal area other than the registered slaughter houses.
  • If an animal is pregnant, having offspring less than 3 months, under the age of 3 months or is not being certified by veterinary doctor to be slaughtered shall not be slaughtered.
  • Slaughter houses shall have proper ramps for direct uploading of animals from vehicles or railway wagons and the said reception area shall have proper adequate facility for feeding and watering of animals
  • Animals shall not be slaughtered in presence of other animals.
  • Animals shall not be administered with any kind of drug, chemical or hormone before slaughter.
  • Drainage of blood and collection shall be immediate and proper.
  • The slaughter halls shall provide separate section of adequate dimensions sufficient for slaughter of individual animals to ensure that the animal to be slaughtered is not within the sight of other animal.
  • Adequate arrangements should be done by owner of slaughter house for identification, inspection, and correlation of carcass, viscera and head.
  • If possible the house shall be provided with separate space for stunning of animals prior to slaughter, bleeding and dressing of carcasses.

Conclusion
Laws put forward by Indian Government in its wider aspect tries to control the illegal slaughtering, killing, hunting, poaching, maiming and beating and giving unnecessary pain. But it is the responsibility of citizens to understand that each form of life has its own motive and feelings for their survival. They are the natural wild heritage of our nation and their existence is as important as we humans are. Their presence is significant for the proper and sustainable development of biosphere.

Law Article in India

Ask A Lawyers

You May Like

Legal Question & Answers



Lawyers in India - Search By City

Copyright Filing
Online Copyright Registration


LawArticles

Increased Age For Girls Marriage

Titile

It is hoped that the Prohibition of Child Marriage (Amendment) Bill, 2021, which intends to inc...

How To File For Mutual Divorce In Delhi

Titile

How To File For Mutual Divorce In Delhi Mutual Consent Divorce is the Simplest Way to Obtain a D...

Section 482 CrPc - Quashing Of FIR: Guid...

Titile

The Inherent power under Section 482 in The Code Of Criminal Procedure, 1973 (37th Chapter of t...

Facade of Social Media

Titile

One may very easily get absorbed in the lives of others as one scrolls through a Facebook news ...

Sexually Provocative Outfit Statement In...

Titile

Wednesday, Live Law reported that a Kerala court ruled that the Indian Penal Code Section 354, ...

UP Population Control Bill

Titile

Population control is a massive problem in our country therefore in view of this problem the Ut...

Lawyers Registration
Lawyers Membership - Get Clients Online


File caveat In Supreme Court Instantly