The Prevention of Cruelty to Animals Act, 1960 | Animal Husbandry & Veterinary Science Optional for UPSC PDF Download

The Prevention of Cruelty to Animals Act, 1960

• Short Title, Extent and Commencement:
  • The Act is titled The Prevention of Cruelty to Animals Act, 1960.
  • It applies to the entire India except Jammu and Kashmir.
  • Commencement dates are set by the Central Government through official notifications.
• Definitions:
  • Animal: Any living creature other than a human being.
  • Board: The Animal Welfare Board established under Section 4.
  • Captive Animal: An animal in captivity or confinement, not a domestic animal.
  • Domestic Animal: An animal tamed for human use or purpose.
  • Local Authority: Municipal Committee, District Board, or similar governing body.
  • Owner: Includes the possessor or custodian of an animal.
  • Phooka or Doom Dev: Process involving introducing substances into milch animals.
  • Prescribed: Defined by rules under this Act.
  • Street: Includes public spaces accessible to the public.
• Duties of Persons Having Charge of Animals:
  • Every person caring for an animal must ensure its well-being and prevent unnecessary pain or suffering.
• Cruelty to Animals Generally:
  • Treating Animals Cruelly:
    • Actions like beating, kicking, overloading, or torturing animals are prohibited.
    • Employing unfit animals for work, administering harmful substances, or causing unnecessary suffering is illegal.
    • Transporting animals in ways causing pain, confining animals in inadequate spaces, or chaining them unreasonably is prohibited.

Prevention of Cruelty to Animals Act, 1960 - Summary and Explanation

• Offences and Penalties

  • Owners who neglect care for their animals or abandon them can be fined up to fifty rupees for a first offence.
  • For subsequent offences within three years, the fine can extend to one hundred rupees, or imprisonment for up to three months, or both.
  • Owners failing to prevent cruelty may also face penalties.

• Exceptions

  • Certain acts like dehorning of cattle, castration, or destruction of stray dogs are exempt from penalties.
  • Acts related to experimentation on animals are also treated separately.

• Penalty for Cruel Practices

  • Performing cruel operations on animals can lead to fines up to one thousand rupees or imprisonment up to two years.
  • The animal subjected to cruelty may be forfeited to the Government.

• Destruction of Suffering Animals

  • Courts can order the destruction of suffering animals if it is deemed cruel to keep them alive after a conviction under Section 11.
  • Magistrates or designated officers can also order immediate destruction of severely injured animals.
  • Police officers can summon veterinary officers to certify the necessity of destroying severely injured animals.
  • No appeal is allowed against a Magistrate's order for animal destruction.

• Experiments on Animals

  • The Act permits experiments on animals for scientific advancement and medical research purposes.
  • Experiments must aim at new discoveries for physiological knowledge, saving lives, alleviating suffering, or combating diseases.

Committee for Control and Supervision of Experiments on Animals

• Constitution of the Committee

  At the recommendation of the Board, the Central Government can establish a Committee through an official notification in the Official Gazette. The Committee is composed of both officials and non-officials appointed by the Central Government. The Chairman of the Committee is nominated by the Central Government.

• Composition and Funding

  The Committee's composition is determined by the Central Government. It is empowered to set its own operational procedures. The Committee's funds include grants from the government, as well as contributions, donations, subscriptions, and gifts from individuals.

Staff of the Committee

• The Committee, under the Central Government's control, can appoint necessary officers and employees to carry out its responsibilities. It has the authority to decide on the remuneration and terms of service for these personnel.

Duties of Committee and Rules on Experiments

• Ensuring Animal Welfare

  The Committee is responsible for ensuring that animals are not subjected to unnecessary pain or suffering during experiments. It has the authority to create rules to govern the conduct of experiments to achieve this objective.

• Key Objectives of the Rules

  The rules are designed to ensure that experiments are conducted responsibly and with care. They emphasize the humane treatment of animals, minimizing pain, and avoiding experiments when other teaching methods are viable.

  • Responsibility of institutions and individuals
  • Use of anesthesia
  • Avoidance of unnecessary experiments
  • Preferential use of smaller laboratory animals
  • Restriction on experiments for manual skill acquisition
  • Maintenance of detailed experiment records

Power of Entry and Inspection

• The Committee can authorize officers to inspect institutions conducting experiments on animals to ensure compliance with the rules. Authorized individuals have the right to enter and inspect these facilities and request the production of experiment records.

Prohibition and Penalties

• Prohibition of Experiments

  If the Committee finds non-compliance with the rules, it can prohibit individuals or institutions from conducting experiments. Penalties, including fines up to two hundred rupees, are imposed for contraventions or breaches of conditions.

• Definition of Terms

  In this context, "exhibit" refers to public displays at ticketed events, while "train" pertains to instructional activities for performances involving animals.

Summary of Performing Animals Act

Registration of Performing Animals

• Definition of Exhibitor and Trainer: In the context of the Performing Animals Act, "exhibitor" and "trainer" refer to individuals involved in showcasing and preparing performing animals.
• Restrictions on Exhibition and Training: It is prohibited to exhibit or train any performing animal without proper registration. Additionally, certain animals may be specified by the Central Government as unfit for exhibition or training.
• Procedure for Registration: Individuals intending to exhibit or train performing animals must apply for registration, providing necessary details about the animals and the nature of performances. Upon registration, a certificate is issued by the authorized authority.

Power of Court and Inspections

• Court Intervention: If it is proven that the training or exhibition of a performing animal involves unnecessary pain or suffering, the court can prohibit or impose conditions on the activity.
• Inspection of Premises: Authorized personnel can inspect premises where performing animals are trained or exhibited, ensuring compliance with regulations. They can also request exhibitors to produce their registration certificates.

Offences and Penalties

• Offences: Various actions such as exhibiting or training animals without registration, obstructing inspections, or providing false information can lead to penalties.
• Punishments: Offenders can face fines up to a specified amount, imprisonment for a certain duration, or both, upon conviction.

Exemptions under the Act

• Military and Police Purposes: The Act does not apply to animals trained for military or police purposes and their exhibition.
• Zoological Gardens and Educational Institutions: Animals kept in zoos or by educational institutions focused on animal exhibition for educational or scientific reasons are exempt from the Act's regulations.

Animal Welfare Act Summary

• Respect for Religious Practices

  The Act allows for the killing of animals as required by religious practices without constituting an offense.

• Court's Power in Conviction

  Upon conviction of an animal owner for an offense, the Court may order the forfeiture of the animal to the Government and determine its disposal based on the circumstances.

• Deprivation of Animal Ownership

  The Court may prohibit a convicted person from owning any animal if there is evidence of previous cruelty or likelihood of further cruelty.

• Presumption of Cruelty

  If a person is charged with killing an animal in a cruel manner and is found with the animal's skin, cruelty is presumed until proven otherwise.

• Cognizability of Offenses

  Certain offenses under the Act are considered cognizable offenses, regardless of the provisions of the Criminal Procedure Code.

• Search and Seizure Powers

  Police officers or authorized individuals can search and seize items related to animal cruelty offenses, such as skins or items used in the act.

• Search Warrants

  Magistrates or designated authorities can issue search warrants for investigating potential or committed offenses under the Act.

• General Power of Seizure

  Officers above a certain rank can seize animals for examination if they suspect an offense under the Act has been or is being committed.

• Treatment and Care of Animals

  The State Government can establish facilities for treating and caring for animals involved in offenses under the Act, ensuring their well-being.

Animal Welfare Act Provisions Summary

• Animal Treatment and Care

  • The Magistrate overseeing a case related to the Act can order that the animal in question be cared for in an infirmary until it recovers or be sent to a pinjrapole. If deemed incurable or removal is cruel, the Magistrate may order its destruction.
  • An animal in an infirmary must not be released unless certified fit for discharge by a designated veterinary officer.
  • Costs for transporting, maintaining, and treating the animal in an infirmary are to be borne by the owner, as per rates set by the District Magistrate or Commissioner of Police. Charges may be waived for the impoverished owners.
  • Unpaid costs can be recovered like land revenue. If the owner delays, the animal may be sold, with proceeds covering the expenses. Any surplus from the sale can be claimed by the owner within two months.

• Limitation and Prosecutions

  • Prosecutions for offenses under the Act must commence within three months of the offense being committed.

• Delegation of Powers

  • The Central Government can delegate its powers under the Act to State Governments under specified conditions.

• Rulemaking Authority

  • The Central Government can make rules, subject to prior publication, to enforce the Act's provisions.
  • Rules may cover various aspects like service conditions of Board members, animal load limits, conditions to prevent overcrowding, and licensing of carriers.
  • Rules can also govern capturing and transport of animals, registration of premises where animals are kept, fines utilization, and other relevant matters.

• Legal Consequences

  • Violation of rules can lead to fines or imprisonment. Any rules made by the Central Government must be presented to Parliament and can be modified or annulled based on parliamentary agreement.

• Designation as Public Servants

  • Individuals authorized by the State Government under Section 34 of the Act are considered public servants under the Indian Penal Code.

Summary of Acts related to Livestock and Poisons

• The Livestock Importation Act, 1898

  • Enacted to regulate the importation of livestock susceptible to infectious diseases.
  • Defines "infectious or contagious disorders" and "livestock" for clarity.
  • Empowers the Central Government to regulate, restrict, or prohibit livestock importation to prevent disease spread.
  • Provides authority to the State Government to make rules for livestock detention, inspection, and disinfection.
  • Grants immunity to individuals acting in good faith under the Act from legal proceedings.

• The Poisons Act, 1919

  • Intended to consolidate and amend regulations concerning the importation, possession, and sale of poisons.
  • Empowers State Governments to regulate the possession and sale of specified poisons through rules.
  • Specifies licensing requirements for possessing and selling poisons, with provisions for fees and restrictions.
  • Imposes controls on the quantity of poisons sold to individuals and mandates maintenance of sales registers by vendors.
  • Extends across India with exceptions for specific regions like Jammu and Kashmir.

By enacting the Livestock Importation Act of 1898, the Indian legislative body aimed to enhance regulations surrounding the importation of livestock vulnerable to infectious diseases. This act delineates the terms "infectious or contagious disorders" and "livestock" to provide clear definitions within its regulatory framework. The Central Government is granted the authority to oversee and manage the importation of livestock, allowing for the regulation, restriction, or prohibition of such activities to prevent the potential spread of diseases among animals. Furthermore, the State Government is empowered to establish rules governing the detention, inspection, and disinfection procedures for imported livestock, along with related items like fodder and stable-litter.On the other hand, the Poisons Act of 1919 was introduced to consolidate and revise laws pertaining to the importation, possession, and sale of poisons. This act grants State Governments the power to regulate the possession and sale of specified poisons through the formulation of rules. These rules encompass licensing requirements for individuals intending to possess or sell poisons, with provisions for associated fees and restrictions. Additionally, the legislation imposes limitations on the quantity of poisons that can be sold to a single individual and mandates that vendors of poisons maintain detailed sales registers for inspection purposes. The act applies throughout India, with certain exemptions for regions such as Jammu and Kashmir.

The Drugs and Cosmetics Act, 1940

• An Act passed to oversee the import, manufacturing, distribution, and sale of drugs and cosmetics.
• Its primary aim is to regulate these activities for the well-being of consumers.
• Establishes standards and general descriptions for various vaccines.

Drugs and Cosmetics Rules, 1945 (under The Drugs And Cosmetics Act 1940)

• Schedule F(1) details regulations for vaccines from pathogenic micro-organisms.
• Includes standards, sterility tests, safety measures, and storage protocols for bacterial vaccines.
• Lists various bacterial vaccines such as Anthrax spore vaccine, Black quarter vaccine, etc.
• Provisions for viral vaccines are also outlined.

Provisions Applicable to the Production of All Sera from Living Animals

• Specifies standards for antisera production from living animals.
• Lists various sera like Anti-Anthrax serum, Anti-Blackquarter serum, etc.

Diagnostic Antigens

• Defines diagnostic antigens and their preparation methods.
• Includes antigens like Abortus Bang Ring (ABR) antigen, Mallein, Tuberculin, etc.

State Government Regulations

• States have enacted laws like the U.P. Pashudhan Sudhar Adhiniyam to improve cattle breeding practices.
• These laws prohibit unauthorized breeding bulls and impose penalties for violations.
• Rules govern the establishment and operation of slaughterhouses, meat markets, and meat sale practices.
• Regulations cover transportation, handling of carcasses, and the location of meat stalls.
• Strict measures are in place to prevent meat adulteration and ensure public health safety.