Blog Details

Author - Associate Nupur Mehrotra

We can define animal law as the mixture of both statuary and case laws that effects the life of the non-human animal. We can also define it as the liberation of the animal. The animal right law is an idea constituted to ensure that the animals are not treated in a non-humane manner and are safe and secure. It is very important to understand that animals also deserve to be treated well and cared in the same way a human would do to another. There are people who exploit the animal for their own mean purposes and make money out of it. If there are no animal laws right present, people will continue to exploit the animal without any fear. The concept of animal laws is connected with different areas of law such as tort, contract, environmental laws, family laws, trust laws, administrative laws, criminal an constitutional.

The concept of animal laws came into the picture when the British were moved by the suffering and pain of the stray and draught animals. The first animal society for the Prevention of Cruelty to Animals was introduced by Colesworthey Grant at Calcutta in 1861. It was further extended to the entire nation in 1890-91. After this several other movements came into the picture to save the animals.

There are several laws in India to safeguard the interest of the animals. 10 most animal right laws that every India should know are stated below-

• Section 11 (i) of Prevention of Cruelty to Animals Act, 1960 has clearly stated that if any person is involved in abandoning of animals and leaves the animal in a state of suffering and pain because of starvation will be punished as this is a punishable offence. The person may be asked to pay Rs 50 as a fine and if the same is repeated by the same person he shall be asked to pay the fine between 25 to 100 Rs and can also face imprisonment of 3 months of below.
• Under Indian Penal Code Section 428 and Section 429 states that ‘ killing, poisoning, maiming or torturing an animal is a cognizable offence’. The person committing the offense shall face rigorous imprisonment up to 2 years and can also be fined at the same time.
• The Animal Birth Control Rules 2001, by the Government of India has stated that the dog which is sterilized cannot be relocated from the area in which they are living and in case the dog is not sterilized the animal welfare organization can be asked by the members of the society to sterilize and vaccinate the dog but the dogs cannot be relocated in any condition.
• Also, the Section 38 under Prevention of Cruelty to Animals Act, 1960 of Animal Birth Control Rules, 2001 stated that the process of sterilization can be stared only when the dog has attained the age of 4 months and in no case before the specified age.
• If any person keeps any animal confined in heavy chains for long hours will be charged under cruelty and shall be fined as well as face imprisonment of 3 months.
• Section 11 (1) (h) of The Prevention of Cruelty to Animals Act, 1960 states ‘ if an owner fails to provide its pets with sufficient food, drink or shelter, he/she shall be liable for punishment’. The person committing  the crime will be fined as this is a punishable offence.
• Under the Local Municipal Corporation Acts, Prevention of Cruelty to Animal’s Act, 1960, Wildlife (Protection) Act, 1972 and Indian Penal Code states ‘ it’s illegal to slaughter animals, at places like temples and streets that are not licensed to do so’.
• It is clearly stated under Section 38(j) of Wildlife Protection Act, 1972 that if anyone is found guilty of teasing, molesting, injuring, feeding or causing disturbance to the animal by noise or any other such activity will be facing fine up to 25,000 and also imprisonment of 3 years.
• It is unlawful to injure, destroy wild birds or reptiles, damaging their eggs or disturbing the eggs or the nest and the person found guilty of doing so will be fined with Rs 25000 and imprisonment from 3 to 7 years under Section 16 (c) of Wildlife Protection Act 1972.
• It is mentioned under Section 98 of the Transport of Animals Rules, 1978 that no person shall transport animals that are diseased, fatigued or unfit and the animal should be healthy while being transported and also the animals which are pregnant shall be transported separately. 

All these laws should be kept in mind by every citizen of India and should be abided by. Though these Laws need to be amended and made strict. Animals should be treated with respect as they inherit the right to treated with dignity.