Article 48 talks about the improvement of agriculture and animal husbandry. It provides guidelines for the state to organize agriculture and animal husbandry based on new modern and scientific methods and to get rid of the old traditional ones. It prohibits the practice of animal slaughtering and imposes a complete ban on the slaughtering of cows, calves, milch, and draught cattle.
Article 48A talks about the protection of the environment and wildlife. It directs the state to protect and improve the condition of the environment, safeguard and preserve the forests and wildlife of the country.
Article 51A lays down11 fundamental duties that were added to the Constitution by the 42nd Amendment act, 1976.
Article 51A(g) specifies that it is the utmost duty of every citizen to protect and preserve the natural environment which includes the wildlife, forests, lakes, rivers, etc. It also lies that the citizens must have feelings of compassion and love towards the animals.
In the Indian Penal Code, 1860
Section 428 and Section 429 laid down that a person who commits any mischief on animals or cattle with a motive of either causing harm, injury, killing, poisoning, or maiming them will be held punishable with fine or imprisonment up to 5 years or both. Section 377 lays down that sexual intercourse between a man and animal is a cognizable and non-bailable offense. It can be termed as an unnatural offense. Whoever has carnal intercourse with any man, woman, or animal against the order of nature will be liable to a punishment of imprisonment of life or imprisonment which may extend up to 10 years and shall be liable to fine.
THE PREVENTION OF CRUELTY TO ANIMALS ACT, 1960
Prevention of Cruelty to Animals Act was enacted in 1960 by the Parliament of India to prevent the infliction of unnecessary cruelty and brutality on animals. It lays down the acts and the behavior which would amount to animal cruelty and their corresponding punishments. Section 11 of the PCA, 1960 lays down the major offenses which clearly amount to animal cruelty.
Section 11 (1)
This lays down the offenses relating to Animal Cruelty. They are as follows:
- If a person beats, kicks, overrides, tortures, or treats any animal to subject it to immense pain, suffering, agony, and discomfort. Or if the owner of the animal permits it to be treated that way.
- If the owner of the animal permits it to be employed in any kind of work or labor which is unfit and inappropriate for the health of the animal due to any kind of infection, disease, wound, or even age.
- If a person intentionally and unreasonably injects or administers any kind of harmful drug or chemical into the bodies of animals. Even the attempt to do so is an offense.
- Transportation or carrying of animals in a vehicle in such a manner that it causes them pain and discomfort.
- Keeping an animal caged or confined in a space that is extremely small or not suitable for its size.
- When an owner of an animal unreasonably neglects it by excessive solid chaining for a long period of time in a confined space.
- Failure in providing an animal with the right amount of nutrition, sufficient food, drinking water, etc.
- Abandoning animals without any reasonable cause leads to deprivation of food, water, and shelter.
- Permitting an animal while it is affected by a contagious disease or infection to go out in the streets without any protection. Letting any disabled or affected animal die in the streets.
- An offer of sale of an animal suffering immense pain due to starvation, thirst, mutilation, or any other harsh treatment.
- Mutilation or killing of any animal (including stray dogs) by the use of any strychnine injection into the heart or any other brutal way or manner.
- Keeping an animal in a confined cage space either for entertainment purposes or to pose as bait or prey to any other animal. Provoking or instigating animals to fight against each other.
- Use of animals either for animal fighting or animal baiting like dog fighting, cockfighting, bullfighting, etc.
- Animals being used to shoot matches or competitions where they are brutally shot.
Section 12: Prohibition of practicing Phooka
Phooka is known as the practice of injecting a harmful kind of substance or drug into the bodies of cows or any cattle to improve the process of lactation. This practice is prohibited since it proves to be very harmful and painful to the animals. Liable to a fine which may extend up to one thousand rupees or imprisonment up to 2 years or both.
Section 13: Order for Destruction of Suffering Animals
When the owner of the animal is convicted of an offense under section 11, if the court is satisfied that it would be cruel enough to keep the animal alive, then the court shall direct a lawful order to cause the destruction of that animal. A person will be assigned to destroy the animal without causing any more unreasonable harm and suffering. Any expenses incurred during the destruction process shall be paid by the owner as a fine. This is done so as to free such animals from the immense pain, torture, and suffering that they will endure if they were to be alive, which would amount to cruelty. This destruction method is put into use when the animal is either severely diseased or injured.
Section 14: Experimentation and Product Testing on Animals
Although the act does not provide any penalties, it renders the performance of laboratory experiments and product testing on animals unlawful. India is the first South-Asian country to impose a ban on Cosmetic animal testing. The Bureau of Indian Standards has confirmed the removal of animal testing by cosmetic brands. Any manufacturer who wishes to run a test of the cosmetic ingredients or finished products must seek permission from India’s Central Drug Standards Organization Control. A manufacturer will be given permission only if he agrees to the BIS non-animal testing standards.
As per Section 148(c) of the Drugs and Cosmetic rules 1945, cosmetic testing on animals has been banned within the country.
As per Section 135(b) of the Drugs and Cosmetic rules, 1945, the import of cosmetic goods which are tested on animals abroad has been banned within the country.
THE WILDLIFE PROTECTION ACT, 1972
The Wildlife Protection Act was enacted by the Parliament of India on 9th September 1972. It consists of 66 sections and 6 schedules. The main objective of the act was to provide protection to the wildlife, flora, and fauna and prevent unnecessary infliction of harm to animals.
Section 9: Prohibition of Hunting
Hunting is prohibited under section 9 of the Chapter III of The Wildlife Protection Act, 1972. Hunting of any wild animals specified under Schedule I, schedule II and schedule III of the act is illegal and prohibited.
Section 38(J): Prohibition of Teasing, Injuring Animals in Zoo
Section 38 (J) under chapter IV A lays down that any person who injures, teases, molests, or causes any kind of harm or discomfort to the animals in the zoo will be held punishable by the law.
Section 51: Provisions for Penalties
Whoever violates the provisions of section 38 (J) will be held liable for a term of imprisonment up to 6 months or a fine which may extend up to two thousand rupees or both.
Chapter VA deals with the prohibition of trade and commerce of any article, weapons or trophies, etc. Derived from the skin of animals. Any person violating the provisions of this chapter will be punishable with a term of imprisonment not less than three years and also with a fine, not less than ten thousand rupees.
Any person who violates the provisions of section 9 or commits any offense (hunts or hurts) against an animal specified in schedule I, II, III, or IV will be punishable with a term of imprisonment not less than 3 years, which may extend up to 7 years and with a fine not less than twenty-five thousand rupees or both. For the first-time offenders, imprisonment terms remaining the same and with a fine of ten thousand rupees.