Prevention of Cruelty to Animals Act,1960 | Environmental Law - CLAT PG PDF Download

Introduction

The Prevention of Cruelty to Animals Act, 1960 has its roots in Common Law, where animals were regarded as property. Under Common Law:

• People had absolute rights over domestic animals.
• Rights over wild animals were qualified, often requiring Crown permission.
• Animals were seen as lower beings meant for human use and comfort.

This raised questions about the limits of proprietary rights, such as using animals for entertainment or training them to perform like humans.

Indian Penal Code, 1860 and Animal Protection

• The Indian Penal Code (IPC) of 1860 included provisions for the protection of animals under the category of 'offences relating to property.'

• Section 428 dealt with the offence of mischief by killing or maiming an animal of value Rs. 10 or more, punishable by up to two years imprisonment.

• Section 429 specifically addressed offences against elephants, camels, horses, mules, buffaloes, bulls, cows, oxen, and any other animal of value Rs. 50 or more. The punishment could be imprisonment for up to five years.

• Additionally, the IPC contained provisions under 'offences against health', such as Section 289, which penalized negligence in handling an animal in one's possession that could cause harm to others.

Constitutional Provisions for Animal Welfare

• Article 48: The State aims to organize agriculture and animal husbandry on modern lines, focusing on preserving and improving breeds, and prohibiting the slaughter of cows, calves, and other milch and draught cattle.
• Article 48 A: The State endeavors to protect and improve the environment, safeguarding forests and wildlife.
• Article 51 A (g): Every citizen has the duty to protect and improve the natural environment, including forests, lakes, rivers, and wildlife, and to show compassion for living creatures.
• Article 51 A (h): Every citizen is tasked with developing a scientific temper, humanism, and a spirit of inquiry and reform.
• Article 300 A: No person shall be deprived of property except by authority of law.
• Article 21: No person shall be deprived of life or personal liberty except according to legal procedure.

Objective of PCA, 1960

Animal Welfare Board of India

• Establishment: The Animal Welfare Board of India was established by the Central Government to promote animal welfare and protect animals from unnecessary pain or suffering.
• Nature: The Board is a corporate body with perpetual succession, a common seal, and the authority to acquire, hold, and dispose of property. It can sue and be sued in its name.

Functions of the Board - Section 7

• Constant Study of Law: The Board studies the law on preventing cruelty to animals and advises the Government on necessary amendments.
• Advising on Rules: The Board advises the Central Government on making rules to prevent unnecessary pain or suffering to animals, especially during transport, performance, and captivity.
• Vehicle Design Improvement: The Board suggests improvements in vehicle design to reduce the burden on draught animals.
• Amelioration of Animals: The Board takes steps for the welfare of animals by promoting the construction of shelters, water troughs, and veterinary assistance.
• Slaughter-House Design: The Board advises on the design and maintenance of slaughterhouses to minimize pain and suffering during pre-slaughter stages and ensure humane killing.
• Destruction of Unwanted Animals: The Board ensures unwanted animals are destroyed by local authorities in a humane manner.
• Encouraging Shelters: The Board encourages the establishment of pinjrapoles, rescue homes, animal shelters, and sanctuaries for old, useless, or protected animals and birds.
• Cooperation with Associations: The Board coordinates with associations working to prevent unnecessary pain or suffering to animals or for their protection.
• Assistance to Organizations: The Board provides financial and other assistance to animal welfare organizations and encourages their formation under its supervision.
• Medical Care in Animal Hospitals: The Board advises the Government on medical care in animal hospitals and provides assistance when necessary.
• Education on Humane Treatment: The Board promotes education on humane treatment of animals and public opinion against unnecessary pain or suffering through various means.
• Advising on Animal Welfare: The Board advises the Government on matters related to animal welfare and prevention of unnecessary pain or suffering.

What is Cruelty? (Section 11)

• Beating, Kicking, and Torturing: Subjecting an animal to unnecessary pain or suffering through physical harm.
• Use of Sick or Injured Animals: Employing a sick or injured animal for any purpose.
• Administering Injurious Drugs: Giving harmful drugs, like oxytocin, to produce large quantities of milk.
• Transporting Animals: Transporting animals in a manner that causes discomfort and pain.
• Intensive Confinement: Keeping animals in extremely confined spaces.
• Constant Chaining: Keeping an animal chained constantly.
• Negligence in Exercise: Neglecting to exercise an animal, causing it to suffer.
• Starvation or Thirst: Leaving an animal to suffer from pain due to lack of food or water.
• Abandoning Sick Animals: Abandoning a sick animal to roam the streets.
• Failing to Provide Basic Necessities: Not providing essential needs for the animal's well-being.
• Selling Sick or Injured Animals: Selling animals that are sick or injured.
• Mutilation or Killing: Mutilating or killing an animal in a cruel manner, such as using strychnine injections in the heart.
• Animal Fights: Using bait for animal fights or organizing them for human entertainment.
• Shooting Matches: Organizing shooting matches involving animals.
• Experiments on Animals: Allowable for purposes such as physiological discoveries, saving or prolonging life, reducing suffering, or combating diseases in humans, animals, or plants.

Case Laws

• The Supreme Court ruled that bulls are not performing animals, leading to the prohibition of Jallikattu and similar animal races and fights.
• Sections 3 and 11 of the PCA Act, when interpreted with Article 21 and Article 51 A of the Constitution, provide animals with the right to a life of dignity free from cruelty.
• The Court emphasized the five freedoms as constitutional and statutory guarantees:
• Freedom from hunger, thirst, and malnutrition
• Freedom from fear and distress
• Freedom from physical and thermal discomfort
• Freedom from pain, injury, and disease
• Freedom to express normal patterns of behavior

Nair v Union of India, 2001 (3) SCR 353

• The Court prohibited training or exhibiting of animals like bears, monkeys, tigers, panthers, and lions as performing animals.
• The Kerala High Court dismisse d the petitioner's claim to carry out any trade or business under Article 19 (g) of the Constitution.

Gauri Maulekhi v Union of India, WP(C) 881/2014

• The Supreme Court ordered strict enforcement of the prohibition on cattle smuggling across the border for the Gadhimai animal sacrifice in Nepal.
• Various welfare recommendations were also adopted by the Court.

Conclusion