LAWS TO PROTECT ANIMALS IN INDIA

via Bharathiya Prani Mithra Sangh. published on October 31, 2006






   Universal Declaration of Animal Laws


Final text adopted by the International League for Animal Rights and affiliated national leagues on the occasion of the Third International Meeting on the Rights of Animals (London 21-23 September, 1977). The Declaration, proclaimed on 15 October 1978 by the International League, affiliated leagues, associations and individuals who wish to be associated with it, will be submitted to the United Nations Educational, Scientific and Cultural Organization (UNESCO), and then to the United Nations Organization (UNO).


P R E A M B L E
Whereas all animals have rights


Whereas disregard and contempt for the rights of animals have resulted and continue to result in crimes by man against nature and against animals;


Whereas recognition by the human species of the right to existence of other animal species is the foundation of the co-existence of species throughout the animal world;


Whereas man on animals and the threat of genocide has perpetrated genocide continues;


Whereas respect for animals is linked to the respect of man for men;


Whereas from childhood man should be taught to observe, understand, respect and love animals;


IT IS HEREBY PROCLAIMED


Article 1
All animals are born with an equal claim on life and the same rights to existence.


Article 2
All animals are entitled to respect. Man as an animal species shall not arrogate to himself the right to exterminate or inhumanely exploit other animals.  It is his duty to use his knowledge for the welfare of animals.  All animals have the right to the attention, care and protection of man.


Article 3
No animal shall be ill treated or shall be subject to cruel acts. If an animal has to be killed, this must be instantaneous and without distress.


Article 4
All wild animals have the right to liberty in their natural environment, whether land, air or water, and should be allowed to procreate. Deprivation of freedom, even for educational purposes, is an infringement of this right.


Article 5
Animals of species living traditionally in a human environment have the right to live and grow at the rhythm and under the conditions of life and freedom peculiar to their species. Any interference by man with this rhythm or these conditions for purposes of gain is an infringement of this right.


Article 6
All companion animals have the right to complete their natural life span. Abandonment of an animal is a cruel and degrading act.


Article 7
All working animals are entitled to a reasonable limitation of the duration and intensity of their work, to the necessary nourishment, and to rest.


Article 8
Animal experimentation involving physical or psychological suffering is incompatible with the rights of animals whether it be for scientific, medical, commercial, or any other form of research.  Replacement methods must be used and developed.


Article 9
Where animals are used in the food industry, they shall be reared, transported, lairaged and killed without the infliction of suffering.


Article 10
No animal shall be exploited for the amusement of man. Exhibitions and spectacles involving animals are incompatible with their dignity.


Article 11
Any act involving the wanton killing of an animal is biocide, that is, a crime against life.


Article 12
Any act involving mass killing of wild animals is genocide, that is, a crime against the species. Pollution or destruction of the natural environment leads to genocide.


Article 13
Dead animals shall be treated with respect. Scenes of violence involving animals shall be banned from cinema and television, except for humane education.


Article 14
Representatives of movements that defend animal rights should have an effective voice at all levels of government.
The rights of animals, like human rights, should enjoy the protection of law.


constitution of India


The Constitution of India through 42nd Amendment in 1976 has incorporated the concern towards environmental management in the Directive Principles of State Policy (Articles 48A and 49) and the Fundamental Rights and Duties (Article 51A(g). These are quoted below.


 1.      Clause (g) of ar Camels may not be used on the beach. They are desert animals and sea air damages their lungs therefore it is illegal to keep or use them on the shore (PCA Section 11).


aticle 51A


 2(g) 1 Clause (g) provides


that it shall be the duty of every citizen of India –
TO PROTECT AND IMPROVE THE NATURAL ENVIRONMENT
INCLUDING FORESTS, LAKES, RIVERS AND WILD LIFE,
AND TO HAVE COMPASSION FOR LIVING CREATURES.


2(g) 2        In the face of the menace of the increasing pollution and environmental degradation, it is the duty of every citizen to protect and improve natural environment including forests, lakes, rivers and wild life and to have compassion for living creatures. The rising air, water and noise pollution and large-scale denudation of forest are causing immense harm to all human life on earth. The mindless and wanton deforestation in the name of needs of development is causing havoc in the form of natural calamities and imbalances. By protecting our forest cover, planting new trees, cleaning rivers, conserving water resources, reforesting wastelands, hills and mountains and controlling pollution in cities, villages and industrial units, we can help save the future of our fellow citizens and of planet earth itself. What is needed is a concerted effort at, an awareness campaign and a planned strategy to move forward through voluntary citizen initiatives. Governmental steps alone cannot help bring about a pollution-free atmosphere to live now and in the future.


2(g) 4   Earth is the common heritage of man and animals. We have no right to annihilate or drive away from their territory or natural habitat the wild denizens. Ancient Indian thought talks of Sarvesham Shantir bhavatu (peace unto all living beings and entire environment) or Ahimsa paramodharma. Ahimsa paramo tapah  (non-violence is the greatest duty and the greatest penance).


2(g) 4   Earth is the common heritage of man and animals. We have no right to annihilate or drive away from their territory or natural habitat the wild denizens. Ancient Indian thought talks of Sarvesham Shantir bhavatu (peace unto all living beings and entire environment) or Ahimsa paramodharma. Ahimsa paramo tapah  (non-violence is the greatest duty and the greatest penance).


Flying a kite, wantonly frightening horse, etc. –


Whoever files a kit or wantonly frightens any horse, or in driving, dragging or pushing any vehicle creates a noise reasonably calculated to cause danger to that person using the thoroughfare.


 


THE PREVENTION OF CRUELTY TO ANIMALS ACT, 1960
59 of 1960 As amended by Central Act 26 of 1982
Issued by
Animal Welfare Board of India
CRUELTY TO ANIMALS GENERALLY


 


11. (1) If any person


(a) Beats, kicks, over-rides, over-drives, over-loads, tortures or otherwise treats any animal so as to subject it to unnecessary pain or suffering or causes, or being the owner permits any animal to be so treated; or


(b) *(employs in any work or labour or for any purpose any animal which, by reason of its age or any disease) infirmity, wound, sore or other cause, is unfit to be employed; or


(c) Willfully and unreasonably administers any injurious drug or injurious substance to **(any animal) or willfully and unreasonably causes or attempts to cause any such drug or substance to be taken by ***(any animal;) or


(d) Conveys or carries, whether in or upon any vehicle or not, any animal in such a manner or position as to subject it to unnecessary pain or suffering; or


(e) Keeps or confines any animal in any cage or other receptacle which does not measure sufficiently in height, length and breadth to permit the animal a reasonable opportunity for movement; or


(f) Keeps for an unreasonable time any animal chained or tethered upon an unreasonably short or unreasonably heavy chain or cord; or


(g) being the owner, neglects to exercise or cause to be exercised reasonably any dog habitually chained up or kept in close confinement; or


 (h) being the owner of (any animal) fails to provide such animal with sufficient food, drink or shelter; or


(i) without reasonable cause, abandons any animal in circumstances which tender it likely that it will suffer pain by reason of starvation thirst; or


(j) willfully permits any animal, of which he is the owner, to go at large in any street, while the animal is affected with contagious or infectious disease or, without reasonable excuse permits any diseased or disabled animal, of which he is the owner, to die in any street; or


(k) Offers for sale or without reasonable cause, has in his possession any animal which is suffering pain by reason of mutilation, starvation, thirst, overcrowding or other ill-treatment; or


{(1) Mutilates any animal or kills any animal (including stray dogs) by using the method of strychnine injections in the heart or in any other unnecessarily cruel manner or;


(3) Any police officer above the rank of a constable or any person authorized by the State Government in this behalf who finds any animal so diseased or so severely injured or in such a physical condition that in his opinion it cannot be removed without cruelty, may, if the owner is absent or refuses his consent to the destruction of the animal, forth with summon the veterinary officer in charge of the area in which the animal is found, and if the veterinary officer certifies that the animal is mortally injured or so severely injured or in such physical condition that it would be cruel to keep it alive, the police officer or the person authorized, as the case may be, may, after obtaining orders from a magistrate, destroy the animal injured or cause it to be destroyed; *(in such manner as may be prescribed).


 1.       Registration of Premises:


 Every person owning or in charge of premises in which not less than five heads of cattle are kept for the purpose of profit, shall, in any case, where the premises are already in existence, within three months from the commencement of these rules and, in any case where, after the commencement of these rules any such premises, apply to the registering authority for the registration of such premises.


 4. Application for Registration:


 Every application for registration shall contain full information regarding the number and types of animals kept or to be kept, the purpose for which they are being kept or are to be kept, the provision made or to be made as respects floor space, flooring, ventilation, supply of food and water, disinfections, drainage, disposal of dung or unwanted matter, boundary walls and shall also contain such other information relevant to the matter as may be specifically called for by the registering authority.


 5. Certificate of Registration:


 (i) If the registering authority is satisfied that, having regard to the information supplied, the welfare of the cattle is adequately secured and that they are not likely to undergo any unnecessary suffering, he shall register the premises and issue to the applicant a certificate in respect thereof.


(ii) Every certificate shall be valid for a period of three years from the date of issuer thereof, but it may be renewed from time to time for a period of three years at a time on application made by the person owning or in charge of the premises, within three months from the date of expiry of the existing certificate.


 6. Inspection of Premises:


 Every premises registered under these rules shall be open for inspection at all reasonable times by any veterinary or public health officer of the local authority or of the State Government who may be authorized by the State Government in this behalf by general or special order.


 7. Cancellation of registration:


 If any premises are not maintained in the manner required under these rules, the registering authority may, by notice in writing stating the grounds on which the notice proceeds and after giving an opportunity to the person concerned to show cause, cancel the certificate.


 8. Appeal:


 An appeal shall lie from any order refusing or canceling the registration of any premises under these rules to such officer or other authority as the State Government may specify in this behalf.


 9. Display of section 12 of the act:


 10. Saving:


 If in any area to which these rules apply, any rule, regulation or bye-laws made under any law for the time being in force, by any local authority which contains the provisions for the registration or licensing of premises in which cattle or any type thereof ‘are kept then such rule, regulation or bye-laws to the extent to which it contains provisions relating to cattle or any type thereof, as the case may be, shall to that extent be of no avail.


(Notified in the Gazette of India, Part 11, Section 3, Sub-Section (11) vide Government of India, Ministry of Agriculture & Irrigation (Department of Agriculture), Notification No. 14-20/76-LD.1 dated 30th November 1978.)


THE PREVENTION OF CRUELTY TO ANIMALS ACT, 1960
59 of 1960 As amended by Central Act 26 of 1982
Issued by
Animal Welfare Board of India
CRUELTY TO ANIMALS GENERALLY


11. (1) If any person


(a) beats, kicks, over-rides, over-drives, over-loads, tortures or otherwise treats any animal so as to subject it to unnecessary pain or suffering or causes, or being the owner permits any animal to be so treated; or


(b) *(employs in any work or labour or for any purpose any animal which, by reason of its age or any disease) infirmity, wound, sore or other cause, is unfit to be employed; or


(d) Conveys or carries, whether in or upon any vehicle or not, any animal in such a manner or position as to subject it to unnecessary pain or suffering; or


Calculation must include


the weight of the vehicle as well as the load


2.      Laws Applicable to Draught Animals Rule 3 of The Prevention of Cruelty To Draught and Pack Animals Rules 1965 lays down maximum loads that animals may carry as well as conditions for their working.


3.      All tangas and bullock carts are required to be registered with the local Corporation to be allowed to ply. This license number is the only method of identification for these carts. When registering a complaint against them, be sure to get this number. Here is what to look out for:


4.      Overloaded animal or cart. Check against the maximum load list. Overloading is illegal (Draught & Pack Animals Rules and PCA Section 11) Offenders are required to unload the cart / animal. The police have the right to confiscate both the cart and the animal.


<SPAN style="FONT-FAMILY: Arial"

Welcome to Haindava Keralam! Register for Free or Login as a privileged HK member to enjoy auto-approval of your comments and to receive periodic updates.

Leave a Reply

Your email address will not be published.

 characters available

Responses

Latest Articles from Uncategorized

Did You Know?