Animal Protection Laws In India
Author- R. Rebecca Vasanthini Percy
Designation- B.Com L.L.B student, School Of Excellence In Law
Contact - 9080******
God has created animals for the betterment of human beings and for the planet.
How far are we taking care of those animals and protecting them is a big question mark.
With the advancement of technology and civilization of human beings, there has been vast encroachment over the forest areas and killing of animals for skin trade and for various other purposes. As an individual has a right to proper food, shelter and a peaceful life so do animals. If human beings are tortured, immediately human rights commission and many other international conventions intervenes but when thousands of animals are getting affected only few forums like PETA and blue cross intervenes but still many animals are at the verge of extinction and their lives are at peril which, not many people notice.
PROTECTION OF ANIMALS UNDER THE INDIAN CONSTITUTION:
As the Indian constitution imposes rights and freedom for individuals in the society, it has also imposed certain rights for animals and certain duties for humans to take care of animals. Some of the articles which deal with animal protection are as follows:
Every citizen has a fundamental duty to protect and safeguard all living animals which is mentioned under article 51A(G) of the constitution.
Prohibiting of cows and other draught cattle and preserving them for breeding are specified under article 48 of the constitution.
The state has an immense duty to protect and safeguard the life of wild animals and to preserve forest areas which is mentioned under article 48A of the constitution.
Entry 14 of list II and entries 17 and 17B of list III of the constitution deals with animals and their welfare.
The panchayat raj institutions also have the duty towards protection of animals and preserving their lives under article 243G of the constitution.
ANIMAL PROTECTION LAWS:
In India due to vast number of animal extinctions, the legislature has enacted “The Prevention of Cruelty to Animals Act, 1960”. This act was introduced to protect the animals from unnecessary infliction of harm. Various other laws have been enforced under various categories of animals, few are explained below:
Laws for street animals-
Street dogs are protected under “The Animal Protection (Dog) Rules, 2001”. The Indian Penal code also imposes punishment for killing or maiming any animals. If any person hurts any animals in the street by kicking or causing grave injuries then section 11 of the prevention of cruelty to animals act will apply.
Laws for wild animals-
The wildlife protection act, 1972 is the central act formed for the protection of wild animals. This act prohibits hunting of wild animals and if hunted the punishment imposed will be 3 years imprisonment and fine of Rs. 25,000.
Laws for birds-
Birds are also protected under the various provisions of the prevention of cruelty to animals act and under the wildlife protection act, 1972. Injuring any bird or killing them will amount to 7 years imprisonment along with heavy fine.
Laws for aquatic animals-
The wildlife protection act gives protection to marine creatures too. They protect various types of creatures like corals, sea horses, organ pipe, dolphins and other varieties of marine animals.
Other laws for protection-
There are various other laws framed for the protection of animals, they are:
Animal Birth Control (Dog) Rules, 2001
Prevention of Cruelty to animals (Regulation of Livestock Markets) Rules, 2017
Dog Breeding and Marketing Rules, 2017
Care and Maintenance of Case property animals Rules, 2017
Even though there are numerous laws framed by the legislature for the protection of wildlife animals and other types of animals, birds, reptiles and other aquatic creatures many times these laws remain silent and are not properly implemented to save those lives or to get justice for their lives. More stringent punishment and laws must be framed and imposed for the well being and betterment of animals in the society and throughout the world.