Analysis: THE PREVENTION OF CRUELTY TO ANIMALS ACT, 1960
- This Act has been brought into implementation so that nobody can cause pain, injury, or any sought of suffering to any Animal. Beating, kicking, torturing, mutilating, administering an injurious drug, or cruelly killing an animal are all prohibited under the Act. Seeing to increment of injury to animals Supreme court asked the Centre either to withdraw this Act or Amend this Act, after which The Prevention of Cruelty to Animals (Care and Maintenance of Case Property Animals) Rules, 2017have been framed under the Prevention of Cruelty to Animals Act, 1960 has been laid down.
- Definition of Animal has been mentioned 2(a) of this Act; Domestic animal has been laid in section 2(d) of this Act.
- Experimenting on Animals – Nothing in this Act affects the experimentation (including operations) on animals for the following purposes: • Advancement through new physiological knowledge; or • Knowledge that will be useful for decreasing the mortality rate; or • Suffering alleviation; or • Combating any disease; whether human beings, animals, or both.
- This Act of 1960 establishes a three-month limitation period after which no prosecution will be brought for any of the Act’s violations and after this, the animal welfare board of India was being established in the year 1962 under section 4 of the Prevention of Cruelty to Animals Act.
- The objective of the Enactment of this Act: To prevent cruelty against the animals, Animals also have the same feeling as that of human beings they also feel pain, etc. As a result, they can comprehend the gravity of whatever bodily or emotional injury they are subjected to. This planet belongs to them just as much as it does to us, humans. As a result, other living creatures must be permitted to survive and thrive in the same way that we do.
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Points to be laid down in 2017 Rules:
- The Rules empower a Magistrate to forfeit an owner’s livestock if he or she is facing an Act trial: after which the Animals can be sent to the infirmaries, animal shelter, etc.
Note: Proposed amendments include banning bird cages and recognizing animals as ‘living’ creatures rather than things. The People for the Ethical Treatment of Animals (PETA) India has presented its ideas to the Animal Welfare Board of India for the amendment of the Prevention of Cruelty to Animals (PCA) Act, 1960. India has one of the toughest laws in the world, but a saddened part is cruelty against animals by humans is still happening.
Many organizations in India have come forward for the Protection of Animals, these Organizations are PETA, PFA, etc. The People for the Ethical Treatment of Animals (PETA) India has presented its recommendations to the Animal Welfare Board of India for amendment of the Prevention of Cruelty to Animals (PCA) Act, 1960. As PETA urged the Honorable court increasing penalties for cruelty to animals to a range between ₹25,000 and ₹1 lakh and up to five years of imprisonment.
After 60years of the enactment of this Act, finally, the law has got some teeth. The Animal Husbandry department of the Centre has proposed adding a rigorous new clause to the 1960 statute that covers animal death and “gruesome cruelty” to them. This clause stipulates a maximum sentence of five years in prison and hefty fines of up to Rs 75,000.
In the new section which has been proposed following provisions has been added up:
- Section 11(A)-Animal cruelty that is gruesome or life-threatening, with a penalty of Rs 50,000 per animal or the animal’s cost as decided by a jurisdictional veterinarian. This entails a one-year sentence that can be increased to three years or both.
- Killing an animal carries a penalty of Rs 75,000 per animal or three times the animal’s cost as established by the jurisdictional veterinarian, whichever is greater, and a three-year sentence that can be extended to five years or both.
Power to make laws for the Animals:
In the Indian Constitution holds, mentioned in Article 245 that subject to the Constitution, the Indian Parliament can make laws for the whole or part of the territory of India on the other hand Territory of India includes States, Union Territories, and other territories such as enclaves within India.
In the Constitution mentioned in Article 246 lays down the subject matter of laws made by the Parliament and the State Legislatures.
The State and Concurrent List have been assigned to the following matters in the realm of animal rights.
The States have the authority to “[p]reserve, protect, and improve stock, prevent animal diseases, and enforce veterinary training and practice,” according to Item 14 of the State List.
Both the Centre and the States have legislative authority over the following items on the Concurrent List:
- Item 17: “Prevention of cruelty to animals.”
- Item 17B: “Protection of wild animals and birds.”
The LEGISLATIVE INTENT of the Act is to “prevent the infliction of unnecessary pain or suffering on animals”
Landmark cases and their Rulings by the Honorable Court are as follows:
- State of Up vs. mustkeem and others: Animal custody shall not be granted to the accused in situations of cruelty, but to the nearest gaushala or pinjrapole until the conclusion of the trial.
- Nair N.R.Ors v. UOI and Ors: Bears, monkeys, tigers, panthers, and lions shall not be trained or exhibited as performing animals
A loophole in the Act: The Prevention of Cruelty to Animals Act of 1960 was designed to ensure that animals were not subjected to unnecessary pain or suffering. However, due to fewer criminal sanctions, the same has not achieved its goal. For moreover three decades, the Act has failed to safeguard animals. Animal abusers are increasing for that strict penal provisions need to be laid down by the Court and Amendment should be brought, still, 2017 rule implemented but animal abusers are not at all decreasing.
Conclusion:
This was the first legislation addressing animal cruelty and animal protection. The Wildlife Conservation Act, which was more of a specific enactment dealing with the protection of wild creatures within the Indian Territory, was passed by Parliament in 1972. However, India still has a long way to go in terms of actually establishing a firm foundation for animal legislation. The Indian Constitution’s animal protection clauses remain ideas rather than concrete law that courts may enforce. The penalties for cruelty to animals under the Prevention of Cruelty to Animals Act 1960 are just insufficient to prevent crimes against animals.
