Facts that matter 💡: August 2020

We totally ignore many important topics of the society in our daily life but slowly this avoidance/ignorance turns in to acceptance and looks very normal.

As nowdays movies which are showing police torture are actually successful and liked by most public. According to a report, if a lead character performs any violent activity or any fake encounter usually viewers encourages that act According to the point of view of an average bollywood viewer police is just not to maintain law and order they think their work is to just punish and kill the villains. In this article we are going to cover many important topics Like Prevention Of Torture Bill, in what stage it is in our parliament second topic is, what are the rights available for an arrested person in India and lastly we will know about what steps Supreme court has taken in this matter.

After the death of George Floyd in US and the custodial death of Jeyraj and Fenix at Sathankulam Police Station raised a lot of concerns about the matter. and again it has given air to have a new debate around police 3rd degree torture The death of George Floyd in US resulted in heavy protest and as a result of protest Congress has decided to pass a police reform bill and along with this it is discussed to maintain a National database which will register all police misconducts. Will this bill turn into a law, time will tell us. Anti Torture Bill was discussed in India also it was 10 years before, it is been discussed in parliament so many times but not passed yet Globally it was discussed first time by United Nations in 1975. India also is a member of UN, so if any law of UN has to be applied in India, then we have to make a law by the parliament So making UN Convention Against Torture 1975 a law , a bill was presented Lok sabha in 2010 named Prevention Of Torture Bill 2010 so according to this bill if any public servant commits a torture then punishment has prescribed against him This bill explains the word "Torture" very broadly and simply and says that if any public servant tortures any individual for deriving any information or his confession if he hurts that individual grievously or tortures his life, limb, mentally or physically then all these things will be considered as torture and against this act there is a punishment of 10 years After being passed by Lok Sabha it comes to Rajya Sabha and for further consideration the bill was passed to Rajya Sabha Select Committee, giving some suggestions for the bill and says the points like the definition of torture should be expanded secondly if any woman or child has been tortured then the punishment should be more strict and thirdly they suggested to setup an Independent Authority which can investigate all the activities and provide all the needed compensations to the victims.

and after including all these suggestions this bill was presented repeated times in Rajya Sabha but till date this bill has not been passed in Rajya Sabha. yet In 2017 Law Commission said that they are seriously considering about the bill but before passing the bill there should be changes done in Indian Penal Code, Indian Evidence act and Criminal Procedure Act which seems like a tough work

In 2019 there were 1700 Custodial Deaths. now lets know what are the major judgments given by Supreme Court against the police torture and violence and in the last judgment we will get to know about the guidelines which every police officer has to follow while arresting someone.

first case is Rudul Shah Vs State of Bihar 1983 in this case petitioner Rudul Shah was kept illegally in jail for 14 years. habeas corpus writ was file and his immediate release was demanded this case is important because in this case for the very first time Supreme Court realized that if by any state any individuals constitutional rights is been violated, then the individual will get compensation

2nd case is Saheli vs Commissioner of Police 1989 in this case police along with zameendar misbehaves with the rented mother and his 9 year old child.

due to which the 9 year old child dies and Supreme Court compensated the mother by awarding 75000 Rs

this case is important because in this case Supreme Court gave option to Delhi administration to recover the amount by the police officer who is responsible for the incident

3rd case is Nilabati Behera Vs 1993 of Orissa in this case Suman Behera was arrested by police and the very next day her body was found on railway track with multiple injuries in this case petitioner was awarded by a compensation of Rs 1 lakh 55 thousand.

so in last 2 cases we got to know that while awarding compensation supreme court doesn't follow any specific criteria according to the situation of the case, the compensation is decided but in this case Supreme court said that it is a state's responsibility to give compensation not police officer's

Next case is Joginder singh vs State of UP 1994 in this case Supreme Court said that if any arrest is done without any justification then it will be an illegal act Supreme court said that police officers has the power to arrest but just for using this power they cant arrest there must be a reasonable justification for arresting someone. and now the most important case of Custodial violence.

D.k. Basu vs State of West Bengal 1997: In this case Supreme court recognized custodial violence and police torture and said custodial violence is an attack on human dignity in this case court said after having many recommendations and policies still the cases of torture and deaths in police custody are increasing so in this case total 11 guidelines were given which every police officer has to follow while arresting someone these guidelines and rights is available to every arrested person in the country so now quickly we will look at the guidelines So what are the guidelines which police officers has to follow while arresting someone

1st is which ever police person is handling the interrogation or arrest they should clearly carry their name tag in which their name and designation must be seen clearly and police has to maintain a register of those officials who are handling the case or interrogation.

2nd is arrest memo if any police officer is arresting someone they has to maintain an arrest memo in which all the details related to arrest should be there like the signature of any witness person , time, date and place of arrest.

3rd guideline is that the arrested persons relative or friends must be informed about the arrest of that person and where he has been detained this also should be informed and they have to maintain an official diary in which all the records has to be mentioned like which officer is handling the case who has been informed, like this things should be mentioned in that diary.

4th Inspection Memo, if the arrestee has any major or minor injuries then it should be noted down Inspection memo would be signed by both officer and arrestee. Arrestee will get a copy of inspection memo.

5th is Medical Examination, after the arrest of the person he should be medically examined in every 48 hours after this all these documents - medical report, inspection memo, arrest memo the copy all these documents will sent to the magistrate for their records and while at the time of interrogation arrested person can meet to his lawyer and there should be a Police control room in every district and state head quarter in which every information related to the arrest they would receive within 12 hours of the arrest and Police Control Room board will display all these information.

Sheela barse Vs State of Maharashtra and D.K basu Vs State of West Bengal were the major cases after which the guidelines were given on. still the cases of Custodial Voilence still rises. I hope strict laws will come into force in future to curb these type of activities by police authorities.

“I am in favor of animal rights as well as human rights. That is the way of a whole human being.”

Abraham Lincoln

INTRODUCTION

Ever since the COVID-19 pandemic, which consequently resulted in a complete lockdown for three months, humans have experienced depression. Critically, it is also time to reflect on what the caged animals in zoos and circuses go through having lived most of their lives. Here in India we often come up with the cases of violation of human rights.so it seems very difficult to ensure the rights of innocent animals. In spite having laws on animal cruelty, these cases of animal abuse are very common. A wildlife news has been in the public spotlight recently, centering around the tragic death of a pregnant elephant, which ate a pineapple allegedly stuffed with a firecracker. Subsequently, this elephant stood in the middle of a river and died. Few days after Pregnant cow's jaw was blown off by explosive in Himachal. All these incidents make us ponder towards few problems; Are animals life not really important to the people, Are we not scared of laws made to ensure rights of animals, or whether laws made are too weak to guarantee the conviction of these people showing Inhuman behavior to animals. India is home to several religious traditions advocating non-violence and compassion towards animals and has passed number of animal welfare reforms since 1960, still India is also one of the world's leading producers of animal products. Enough of laws now what we need is conscience.

BACKGROUND

Ancient India

The Vedas, the first scriptures of Hinduism, teach ahinsa or nonviolence towards all living beings. In Hinduism, killing an animal is regarded as a violation of ahinsa and causes bad karma, leading many Hindus to practice vegetarianism, however allowed animal sacrifice in religious ceremonies.

In Jainism, ahinsa is its central teaching. Due to their belief in the sanctity of all life, Jains practice strict vegetarianism and many go to great lengths even to avoid harming insects

Buddhism was the third major religion to emerge in India, and its teachings also include ahinsa. Buddhism teaches vegetarianism, and many Buddhists practice life release in which animals destined for slaughter are purchased and released to the wild. Despite the influence of Hinduism, Jainism, and Buddhism, meat-eating was still common in ancient India.

British India

Colesworthey Grant founded the first Indian Society for the Prevention of Cruelty to Animals (SPCA) in 1861 in Calcutta. The Indian SPCAs successfully lobbied for anti-cruelty legislation in the 1860s, which was extended to all of India in 1890–91. The Cow Protection movement also arose in the late 1800s in northern India. Cow Protection was a movement of native Hindus. It was largely an expression of Hindu nationalism rather than part of a larger native Indian animal welfare movement.

Post-independence India

India's first national animal welfare law, the Prevention of Cruelty to Animals Act (1960), criminalizes cruelty to animals, though exceptions are made for the treatment of animals used for food and scientific experiments. The 1960 law also created the Animal Welfare Board of India to ensure the anti-cruelty provisions were enforced and promote the cause of animal welfare.

The International framework

The Universal Declaration on Animal Welfare (UDAW) is a proposed inter-governmental agreement to recognize that animals are sentient, to prevent cruelty and reduce suffering, and to promote standards on the welfare of animals. The principles were designed to encourage and enable national governments to introduce and improve animal protection legislation and initiatives.

People for the Ethical Treatment of Animals (PETA) is an American animal rights organization led by Ingrid Newkirk, its international president. The nonprofit corporation claims 6.5 million supporters. Its slogan is "Animals are not ours to experiment on, eat, wear, use for entertainment, or abuse in any other way." Here in India, the organization is actively working to reduce cruelty towards animals & raising concerned issues.

The United Nations Environment Programme (UNEP) hosts the Convention on International Trade in Endangered Species of Wildlife Fauna and Flora, known as CITES, which regulates trade in roughly 5,800 species of animals and 35,000 species of plants to prevent overexploitation.

Legislation in India

We in India are lucky to have one of the most comprehensive set of animal protection laws in the world. Enshrined in the Indian constitution, Article 51 (G) states the following

"It shall be the duty of every citizen of India to protect and improve the natural environment including forests, lakes, rivers and wildlife, and to have compassion for living creatures."

Keeping constitutional provision in view, important animal protection laws that have been enacted include:

· Prevention of Cruelty to Animals Act: enacted in 1960 to prevent the infliction of unnecessary pain or suffering on animals and to amend the laws relating to the prevention of cruelty to animals.

· The Wildlife Protection Act: the objective is to effectively protect the wildlife of this country and to control poaching, smuggling and illegal trade in wildlife and its derivatives. The Act was amended in January 2003 and punishment and penalty for offences under the Act have been made more stringent

If the killing or cruelty is enacted upon an animal not owned by the offender, refer to Section 428/429 of the Indian Penal code and The Prevention of Cruelty to Animals Act (1960).

If the killing or cruelty is enacted upon an animal owned by the offender, refer to The Prevention of Cruelty to Animals Act (1960).

If the animal is a wild animal not defined as "vermin" by the state, or if the person is killing or injuring an animal defined as a vermin in an illegal/inhumane way, refer to The Wildlife Protection Act (1972) and the Prevention of Cruelty to Animals cruelty act.

PROOF OF THE CLAIM

Recently there was a case in Delhi where an Activist working for animal rescue was attacked by a mob just because she was trying to aid the dogs. Today most people actually don’t care about the lives of animals and even creating problems for one who are helping, Which make us believe that Humans are losing humanity. Every year, millions of animals are killed in India either to feed the non-vegetarian population or in laboratories for medical experiments. Cruelty against animals is a cognizable offence under Section 428 and Section 429 of the Indian penal code. There are Rising instances of animal cruelty in India, land where they are worshipped. A couple of cases of cruelty towards animals have come to light in the past few months which have enraged many Indian. More than a decade since the Supreme Court issued a directive for states to set up an Animal Welfare Board, states across India are still either yet to form a State Animal Welfare Board or, where formed, yet to support its functioning with staff and budget availability.

There is an urgent need to implement effectively the laws made for the protection of animals. In India, it is a common sight to see crudely castrated bulls pulling carts full of huge loads and being whipped repeatedly if it stops on the way. People pelting stones at dogs and cats out of fun and how to forget, all the ‘taming’ contests, fights, and cart races where animals like bulls, cows and hens are treated as if they are just playful objects. In this world of modernization and development people are slowly losing their ethos and morals not only towards each other but towards these innocent animals as well.

Few of the major orders which either mitigated or put an end to the suffering of animals are :

· Animal Welfare Board of India vs. A Nagaraja and Others: Bulls cannot be performing animals. Jallikattu and other animal races and fights are prohibited: Supreme Court

· Nair, N.R. and Ors. Vs. Union of India and Ors: Bears, monkeys, tigers, panthers, and lions shall not be trained or exhibited as performing animals: Kerala High Court

· Gauri Maulekhi Vs. Union of India and Ors: Strict implementation of prohibition of cattle smuggling across the border for Gadhimai animal sacrifice in Nepal.

· State of Gujarat vs. Mirzapur Moti Kureshi Kassab Jamat: Seven judge supreme court constitutional bench observed that the protection of cow progeny was “needed in the interest of the nation’s economy’

CONCLUSION

Although a lot of very elaborate and specific animal protection laws have been passed in India, they are often not properly implemented. It is so because concerned citizens and NGOs do not often emphasize on taking the legal pathway to accomplish results. Still The laws can be made more stringent and all-encompassing so that animals of all kinds, be it street animals, wild animals and animals residing in all types of habitat are protected and preserved.

Few recommendations to enhance the framework is to set up and strengthen the Society for Prevention of Cruelty to Animal, NGO that can work in each state independently with no impedance of the state. There is a serious need to ensure that the State Animal Welfare Board runs appropriately, in light of the fact that in many states there is no such board and where there is one it hasn't met for a considerable length of time. These little changes by various gatherings and partners can change the situation for animals in India, and no mercilessness of any kind would be available in our public.

BIBLIOGRAPHY

1. https://www.strawindia.org/laws-that-protect-animals-in-india.aspx

2. https://www.tribuneindia.com/news/ludhiana/animals-too-have-the-right-to-live-without-pain-42939

3. http://www.legalserviceindia.com/legal/article-1203-rights-of-animals-under-the-indian-legal-system-justifiable-amendable-curative-reformative.html

4. http://www.legalservicesindia.com/article/2320/Cruelty-and-Inhumanity-towards-Animals-in-India.html

https://www.newindianexpress.com/nation/2020/jun/19/humans-losing-humanity-rising-instances-of-animal-cruelty-in-india-land-where-they-are-worshipped-2158506.html

6. https://www.indiatoday.in/education-today/gk-current-affairs/story/rules-for-animal-welfare-967061- 2017-03-22

7.https://blog.ipleaders.in/whether-ban-cow-slaughter-constitutionally-valid/

8. https://www.thebetterindia.com/52075/animal-welfare-cruelty-law-court-judgements/

9.https://scroll.in/article/956247/despite-a-decade-old-supreme-court-order-nobody-is-really-looking- after-indias-stray-animals

10. https://timesofindia.indiatimes.com/world/us/not-humans-but-dogs-protest

11. The constitution of India, 1950