Animal Law Protection Laws in India

Janani is currently a third-year BA LLB (Hons) student at the Tamil Nadu Dr. Ambedkar Law University, School of Excellence in Law (SOEL).

Introduction

In a world increasingly in need of compassion, the treatment of animals serves as a powerful reflection of our humanity. India, with its deep-rooted traditions of non-violence and reverence for life, has long recognized the importance of protecting its animal population. The journey towards animal welfare has led to significant legislative milestones, including the Prevention of Cruelty to Animals Act, 1960, and transformative judicial rulings that affirm the rights of animals.

While challenges such as cultural practices and enforcement gaps remain, they also present opportunities for advocacy and change. By understanding and supporting animal protection laws, we can contribute to a future where kindness triumphs over cruelty. Join us as we explore the evolving landscape of animal law in India—a journey filled with hope, progress, and the potential for a more compassionate society.

Animal protection laws in India are a reflection of the country’s cultural ethos, which emphasizes compassion and non-violence towards all living beings. Over the years, these laws have evolved, shaped by social movements, judicial interpretations, and legislative reforms. This article provides a comprehensive overview of the key laws governing animal protection in India, significant case laws, and the challenges faced in enforcing these protections.

Historical Evolution of Animal Protection Laws in India

The evolution of animal protection laws in India reflects a complex interplay of cultural values, colonial influences, and societal shifts. From ancient traditions that revered animals to modern legislative frameworks aimed at safeguarding their rights, the journey has been marked by significant milestones that underscore the growing recognition of animal welfare.

 Ancient and Medieval Perspectives

Historically, the treatment of animals in India can be traced back to ancient texts and practices. The Arthashastra, attributed to Kautilya (Chanakya), emphasized environmental protection and included provisions for wildlife conservation during the Mauryan period. The rulers maintained zoological gardens and reserved forests, where animals lived free from human interference. King Ashoka, in the 3rd century BCE, is particularly notable for his contributions to animal welfare. His edicts prohibited the killing of various bird species and certain mammals, marking one of the earliest codified laws for wildlife conservation.

Colonial Era Developments

The British colonial period brought about significant changes in how animals were viewed legally. The Society for the Prevention of Cruelty to Animals (SPCA) was established in Calcutta in 1861 by Colesworthey Grant, inspired by the suffering of strays and draught animals. This marked the beginning of organized efforts to advocate for animal welfare in India.

In 1890, anti-cruelty legislation was extended across India, laying the groundwork for future laws. However, the British Cruelty to Animals Act of 1876, which regulated animal experimentation, faced opposition from both British officials and Indian activists. This period also saw the emergence of movements like Cow Protection, which primarily focused on protecting cattle but often did not encompass broader animal welfare concerns.

 Post-Independence Legislative Framework

After gaining independence in 1947, India began to formalize its commitment to animal welfare through legislation. The Prevention of Cruelty to Animals Act (1960) was a watershed moment in this evolution. It criminalized cruelty towards animals and established the Animal Welfare Board of India to oversee its implementation. This Act marked a significant shift from viewing animals merely as property to recognizing their intrinsic rights.

Subsequent laws further expanded protections for animals:

• The Wildlife Protection Act (1972): This legislation aimed at conserving wildlife and their habitats by prohibiting hunting and regulating trade in endangered species.
• The Breeding of and Experiments on Animals (Control and Supervision) Rules (1998): These rules set ethical standards for breeding and using animals in research.
• The Animal Birth Control Rules (2001): Established guidelines for managing stray dog populations humanely.

 Judicial Interpretations

Judicial intervention has also played a crucial role in shaping animal protection laws. A landmark case, Animal Welfare Board of India v. A. Nagaraja (2014), recognized that animals have a right to life under Article 21 of the Indian Constitution. The Supreme Court’s ruling emphasized that this right extends beyond mere survival, encompassing a quality of life that includes freedom from cruelty.

In recent years, there has been a renewed focus on strengthening animal protection laws. Proposals have been made to amend the Prevention of Cruelty to Animals Act to increase penalties for cruelty and address issues related to animal testing for cosmetics. Additionally, public awareness campaigns have sought to educate citizens about their responsibilities towards animals.

Key Legislations

Prevention of Cruelty to Animals Act, 1960

The Prevention of Cruelty to Animals Act is the primary legislation aimed at preventing cruelty against animals.  Section 11 of the Act defines cruelty broadly, encompassing acts such as beating, kicking, and torturing animals. It also prohibits using unfit animals for labour and keeping animals in conditions that cause unnecessary pain or suffering. The AWBI was established under this Act to oversee its implementation and promote animal welfare initiatives across the country. The penalties for violating the provisions of this Act are relatively lenient. First-time offenders may face fines as low as ₹10 to ₹50, while repeat offenders can incur fines up to ₹100 or face imprisonment for three months.

Indian Penal Code (IPC)

The Indian Penal Code (IPC) also contains provisions related to animal protection:

• Section 428: This section penalizes mischief by killing or maiming an animal valued at ten rupees or more, with punishments extending up to two years.
• Section 429: This section addresses similar acts concerning specific animals like elephants and camels, imposing stricter penalties.

Bharatiya Nyaya Sanhita (BNS)

The BNS provides broader and more precise definitions of animal cruelty compared to the Indian Penal Code (IPC). This includes a wider range of actions that constitute cruelty, such as neglect and abandonment, which were not explicitly covered under previous laws. The BNS aims to ensure that all forms of cruelty towards animals are addressed comprehensively.

1. Section 321 – Cruelty to Animals: This section replaces IPC Sections 428 and 429, addressing unnecessary pain or suffering inflicted on animals. It expands the scope to include various acts of cruelty, ensuring a more inclusive approach to animal welfare.
2. Section 322 – Killing or Maiming Animals: This section consolidates provisions related to killing or maiming animals, ensuring harsher penalties for such actions compared to previous laws.
3. Section 323 – Poisoning Animals: Specifically addresses the act of poisoning animals, previously covered under broader sections in the IPC.
4. Section 324 – Animal Fights: This section explicitly prohibits organizing or participating in animal fights, addressing a significant gap in the IPC.
5. Section 325 – Neglect of Animals: A new provision that mandates individuals keeping animals to provide adequate care, including food, water, and shelter. This section reflects a proactive approach to animal welfare by holding owners accountable for neglect.

One of the most notable changes under the BNS is the introduction of stricter penalties for animal cruelty offences. For instance, Section 325 imposes imprisonment of up to five years and/or fines for those found guilty of killing, poisoning, or maiming animals. This increase in severity aims to deter potential offenders and reflects a growing societal consensus on the need for stronger measures to protect animals.

Wildlife Protection Act, 1972

The Wildlife Protection Act was enacted to safeguard endangered species and regulate hunting practices. Key features include:

• Certain species are protected from hunting under this law, ensuring their survival.
• The Act regulates trade in wildlife products to prevent exploitation.

Other Relevant Laws

1. Breeding of and Experiments on Animals (Control and Supervision) Rules, 1998: These rules govern the breeding and use of animals for research purposes, ensuring ethical treatment.
2. Amendments to Previous Laws: Subsequent amendments have strengthened protections against animal testing and established guidelines for humane treatment in research settings.

Constitutional Provisions

The Indian Constitution provides a framework for animal protection through specific articles:

• Article 48A mandates that the State shall endeavour to protect and improve the environment and safeguard wildlife.
• Article 51A(g) emphasizes the duty of every citizen to show compassion towards living creatures.

These constitutional provisions reinforce legislative measures aimed at protecting animals but are not directly enforceable without statutory backing.

Judicial Interpretations

The judiciary has played a pivotal role in shaping animal law in India through landmark judgments that interpret existing laws in favour of animal rights. Notable cases include:

• Animal Welfare Board of India and Others v. Union of India and Another (WP(C) No. 23/2016)

The case revolves around the traditional bull-taming sport known as Jallikattu, which is celebrated in Tamil Nadu during the Pongal festival. The sport has been a subject of controversy due to concerns regarding animal cruelty. In 2014, the Supreme Court of India banned Jallikattu, citing violations of the Prevention of Cruelty to Animals Act, 1960. On May 18, 2023, a five-judge Constitution Bench led by Justice K.M. Joseph upheld the Tamil Nadu Amendment Act and associated rules. The court ruled that: While recognising Jallikattu as part of Tamil Nadu’s cultural heritage, the court emphasized that cultural practices must not infringe upon legal standards for animal welfare. The court stated that the amendments substantially reduced pain and cruelty to participating animals and must be strictly followed. The ruling clarified that any violation of the law in the name of cultural tradition would attract penalties, reinforcing that cultural practices cannot override legal obligations.

• Animal Welfare Board of India v. Nagaraja (2014)

In this landmark case, the Supreme Court recognized that animals possess a right to life under Article 21 of the Constitution. The court ruled that every species has a legal right to life and safety, expanding the interpretation of “life” to include all forms of life necessary for human survival. This ruling marked a significant step forward in recognizing animal rights within India’s legal framework.

• People for Animals v. Union of India (2006)

In this case, the Delhi High Court addressed the issue of stray dog culling by municipal authorities. The court ruled against cruel methods for managing stray populations, emphasizing that humane alternatives such as sterilization should be adopted instead.

Challenges in Enforcement

Despite a robust legal framework, several challenges hinder effective enforcement of animal protection laws in India:

1. The penalties prescribed under various laws are often viewed as insufficient deterrents against cruelty. For instance, fines as low as ₹10 do little to discourage offenders from mistreating animals.
2. Certain cultural practices involving animal sacrifice create tensions between traditional beliefs and modern animal welfare standards. While some states have enacted strict anti-slaughter laws for specific animals like cows, others maintain more lenient regulations.
3. Public awareness regarding animal rights and welfare is limited. Many citizens are unaware of their responsibilities under existing laws or how to report violations effectively.
4. Enforcement agencies often lack adequate training or resources to handle cases related to animal cruelty effectively. This gap can lead to underreporting and inadequate responses to violations.

Recent Developments

In recent years, there have been notable developments aimed at enhancing animal protection:

1. Ban on Animal Testing for Cosmetics: In 2014, India became one of the first countries in Asia to ban all testing of cosmetics on animals.
2. Prohibition on Captive Dolphin Shows: In 2013, India banned the use of captive dolphins for public entertainment.
3. Strengthening Regulations on Animal Research: Amendments have been introduced to ensure that alternatives to animal testing are prioritized whenever possible.

Conclusion

India’s legal framework for animal protection is comprehensive yet faces significant challenges in terms of enforcement and public awareness. The combination of legislative measures, constitutional provisions, and judicial interpretations has created a robust system aimed at safeguarding animal rights. However, ongoing efforts are required to enhance awareness among citizens and strengthen enforcement mechanisms to ensure that these laws effectively protect India’s diverse animal population.

As societal attitudes towards animals continue to evolve, it is crucial for both lawmakers and citizens alike to advocate for stronger protections and ethical treatment of all living beings within India’s borders. Through collaborative efforts between government agencies, non-governmental organizations (NGOs), and concerned citizens, there is potential for substantial progress in advancing animal welfare across the nation.

References

[1] https://www.animallaw.info/article/overview-animal-laws-india

[2] https://www.ncib.in/pdf/animals-law.pdf

[3] https://www.clearias.com/protection-of-animals/

[4] https://iitk.ac.in/animalwelfare/data/Animal-Protection-Law-Summary-by-AWBI.pdf

[5]https://www.indiacode.nic.in/bitstream/123456789/11237/1/the_prevention_of_cruelty_to_animals_act,_1960.pdf

[6] https://awbi.gov.in

[7] https://blog.ipleaders.in/overview-animal-protection-laws-india/