“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
4. http://www.legalservicesindia.com/article/2320/Cruelty-and-Inhumanity-towards-Animals-in-India.html
7.https://blog.ipleaders.in/whether-ban-cow-slaughter-constitutionally-valid/
8. https://www.thebetterindia.com/52075/animal-welfare-cruelty-law-court-judgements/
10. https://timesofindia.indiatimes.com/world/us/not-humans-but-dogs-protest
11.
The constitution of India, 1950
12.
The Indian penal code, 1860
13.
Animal Welfare Board of India vs. A
Nagaraja and Others civil appeal no. 5387(2014)
Wooooow
ReplyDeleteThanks
DeleteNic
ReplyDeleteThanks
DeleteThis comment has been removed by the author.
DeleteGood one
ReplyDeleteThanks
DeleteVery nice.. 👍🏻
ReplyDeleteThankyou 😊
DeleteBole to ekdum solid bhau
ReplyDeleteThanks
Delete