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Animal Abuse- Comparative Analysis and Indian Legal Position.

By Vikash Kumar, 1st Year Law Student at Upes.

“The greatness of a nation and its moral progress can be judged by the

way its animal is treated”. Animals should not require our permission to

live on earth. Animals were given the right to be here long before we

arrived. Animal cruelty is one of the most unfortunate and barbaric

demonstrations of human beings manipulating ill-conceived notions of

“power” over other species.

Cruelty to animals, also called animal abuse or animal neglect, is the

intentional infliction by humans of suffering or harm upon any non-

human animal, regardless of whether the act is against the law. More

narrowly, it can be the causing of harm or suffering for specific gain,

such as killing animals for food or for their fur; opinions differ about the

extent of cruelty associated with a given methods of slaughter. Cruelty

to animals sometimes encompasses inflicting harm or suffering for

personal amusement, as in zoosadism. (zoosadism is pleasure derived

from cruelty to animals, the term was coined by ernest borneman).

When god created this planet he had a specific purpose for all living

things and he did so to strike a balance in his creation. He wanted a

world where harmony and peace prevailed and so he made the ‘food

chain’ to maintain the ecological balance in nature but man in his greed

had recklessly been plundering the natural abode of animals, killing the

indiscriminately for pleasure, for food, and training some to serve his

needs.

Laws concerning animal cruelty are designed to prevent needless

cruelty. Divergent approaches to such law occur in different jurisdictions

throughout the world. For example, some laws govern methods of

killing animals for food, clothing or other products, and other laws

concern the keeping of animals for entertainment, education, research or

pets. Cruelty to animals is not the same thing as disrespect towards

animals.

Taking about the provisions in different countries like United states of

America, in the US, since 2010, it has been a federal offense to create or

distribute “obscene” depictions of “living non-human mammals, birds,

reptiles, or amphibians, subjected to serious bodily injury”. The statute

replaced an overly broad 1999 statute which was found unconstitutional

in United states v. Stevens. The primary federal law relating to animal

care and conditions in the US is the Animal Welfare Act of 1966,

amended in 1970, 1976, 1985, 1990, 2002, 2007. It is the only federal

law in united states that regulates the treatment of animals in research,

exhibition, transport, and by dealers. Other laws, policies, and guidelines

may include additional species coverage or specifications for animal

care and use, but all refer to the Animal Welfare Act as the minimum

acceptable standard.

Countries like Argentina, national law 14346 sanctions with from

15days to one year in prison those who mistreat or inflict acts of cruelty

on animals. In Egypt, Egyptian law states that anyone who inhumanely

beats or intentionally kills any domesticated animal may be jailed or

fined. The Egyptian society for the prevention of cruelty to animals was

established by the British over a hundred years ago, and is currently

administered by the Egyptians. The SPCA was instrumental in

promoting a 1997 ban on bullfighting in Egypt. In ancient Egyptian law,

the killers of cats and dogs were executed.

The Taiwanese animal protection act was passed in1998, imposing fines

up to NT$250,000 for cruelty. Criminal penalties for animal cruelty

were enacted in 2007, including a max of 1year imprisonment. Thailand

introduces its first animal welfare law in 2014. The cruelty prevention

and welfare of animal act, B.E. 2557 (2014) came into being on

27december,2014. In France, cruelty to animals is punishable by

imprisonment of two years and a financial penalty (30,000 euro). In

Italy, acts of a cruelty against animals can be punished with

imprisonment, for a minimum of three months up to a maximum of three

years, and with a fine ranging from a minimum of 3000 euros to a

maximum of 160,000 euros, as for the law n189/2004.

In India, the prevention of cruelty to animals’ act,1960 was amended in

the year 1982. According to the newly amended Indian Animal Welfare

Act,2011 cruelty to animals is an offence and is punishable with a fine

which shall not be less than thousand rupees, which may extend to

twenty-five thousand rupees or with imprisonment up to two years or

both in the case of a first offence. In the case of second or subsequent

offence, with a fine, with a fine which shall not be less than fifty

thousand rupees, but may extend to one lakh rupees and with

imprisonment with a term which shall not be less than one year but may

extend to three years. The amendment is currently awaiting ratification

from government of India. The 1962 act in the meanwhile is the one that

is the practiced as of now. The maximum penalty under the 1962 act is

Rs50. many organizations, including ones such as the local SPCA, PFA,

and fosterdopt are actively involved in assisting the general population

in reporting cruelty cases to the police and help bringing the perpetrator

to justice.

There are different laws in India regarding this, it is the fundamental

duty of every citizen of India to have compassion for all living creatures

(article51(g)), to kill or maim any animal, including stray animals, is a

punishable offence (IPC sections 428 and 429), abandoning any animal

for any reason can land you in prison for up to three months

(section11(1) (i) and section 11(i)(j) PCA act1960, no animal (including

chickens) can be slaughtered in any place other than a slaughter house

rule 3 of prevention of cruelty to animals (slaughter house) rules 2001 ,

strayed dog that have been operated for birth control cannot be captured

or relocated by anybody including authority (ABC rules,2001), monkeys

are protected under the wildlife protection act 1972 and cannot be

displayed or owned, animal sacrifice is illegal in every part of the

country, rule 3 (slaughter house rules,2001) and many more.

Landmark cases regarding this issues, People for ethical treatment of

animals vs. union of India in it a film wishing to use an animal need to

obtain a no objection certificate from the Animal welfare board of India

as pre-requisite for certification from the central board for film

certification in Bombay high court, shri. Ajay madhusudan marathe vs.

new sarvodaya CHS ltd in it as a consumer, a society cannot prohibit a

resident from having pets and utilizing his/her facilities for pets in

consumer forum Delhi, State of U.P. vs. mustakeem and ors in it

custody of animals in case of cruelty shall not be given the accuses but

to the nearest gaushala or pinjrapole, until the conclusion of the trial in

supreme court, Gauri maulekhi vs. union of India and ors in it strict

implementation of prohibition of cattle smuggling across the border for

gadhimai animal sacrifice in Nepal, additional several welfare

recommendations shall be adopted in supreme court , Nair, N.R. and

ors. Vs. union of India and ors in it bears, monkeys, tigers, panthers

and lions shall not be trained or exhibited as performing animals in

Kerala high court and the last is Animal welfare board of India vs. A

Nagaraja and others in it bulls cannot be performing animals, jallikattu

and other animal races and fights are prohibited by supreme court.

In many religions, animals were worshipped in the past and any cruelty

towards them was condemned by the society and so their rights were

protected, but, today we are becoming insensitive towards animal. Each

and every animal on earth has as much right to be here as you and me.

All living things have a right to live on this earth but we, very often

become, totally, insensitive to their pain, only because animals can’t

speak the language of humans, they don’t have a voice. An animal, used

roaming around the freely in its natural habitat cannot be happy living in

cage or small enclosures. There is no doubt that a great deal of cruelty to

animals is due to our mindset that animals are happy as long as they are

ell fed, which is not correct; imagine yourself being kept captives and

then us would understand what it means. Everything on this earth has a

well-defined purpose, thus, there is need to have strong laws for

protecting the rights for animas, only then can they be saved from man’s

greed and selfishness and balance of nature can be maintained. Be kind

to every kind, not just mankind and remember within the prison walls of

every zoo sit tortured souls with empty eyes and broken spirits. Animals

are not here for us to do as we please with, we are not their superiors, we

are their equals. We are the family, be kind to them.

“If animals could speak mankind would weep” lets speak for those who

has no voice.

Be an animal right activist, A rebel with good cause.