Recently in Kerala, where the literate population is the highest in the country. A pregnant elephant was allegedly killed after being fed pineapple stuffed with crackers by a local while it was roaming in a village called Malappuram. The elephant died standing in the river because its lower jaw was severely injured due to the bursting of the crackers. A housewife in the southern state of Karnataka smashes 8 puppies to “teach their mother a lesson”.
A 34-year-old man took a female dog into his house and raped it. A man, in Uttar Pradesh, poured acid on five newborn puppies and their mother. Still, there is much illegal business going on with the animal’s skin. A pregnant goat was raped by 8 men in the state of Haryana. These are just a few incidents where these sadists and inhuman citizens of our country have were tortured and killed harmless and defenseless creatures. Moreover, already many animals are extinct and if this goes on one fine day we are gonna be left with nothing. Many citizens of our country don’t even know that there are special rights for animals. Now it’s time to analyze and bring change in animal rights, make sure that people know about it.
In Fundamental rights according to Article 51(A)(g) states “To protect and improve the natural environment including forests, lakes, rivers, and wildlife, and to have compassion for living creatures.” Article 48(A) states “The State shall endeavor to protect and improve the environment and to safeguard the forests and wildlife of the country.” According to Article 48A, must protect, safeguard and mend the forests and wildlife of the country. The Constitution of India 1960 makes it 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 all living creatures.” Both the above constitutional provisions were introduced by the 42nd Amendment in 1976 where both center and the state government have the power to prevent cruelty to animals and protect wild animal’s rights and birds. the Prevention of Cruelty to Animals Act 1960 objective is to prevent the infliction of unnecessary pain or suffering on animals and to amend the laws relating to the prevention of cruelty to animals. Under section 38(j) of the Wildlife Protection Act 1972, teasing, molesting, injuring, feeding, or causing disturbance to any animal by noise or otherwise is prohibited. Any person found guilty of this offense may face an imprisonment of up to 3 years or a fine of up to Rs. 25,000 or both.
Even after such laws, there was a frailer while implementing them such as Section 11(2) of the wildlife act that is self-defense or killing animals in good faith is exploited. When forest dweller is caught with killing animals, they claim this provision to get away with it. So, punishment for a crime in wildlife crime disproportionately low. Many exotic species are not covered under the Wildlife Protection Act, 1972, or the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) which regulates all commercial trade.
In such cases, the courier is charged under the Customs Act and the Foreign Trade (Development and Regulation) Act for not having a no-objection certificate (NOC) for their “goods”. The courier is then let off after paying a penalty. As well as there were many steps taken to conserve animals but has failed like project elephant to conserve and develop elephant’s habitats in various ways. It is also concerned with human and elephant conflict and reducing its unnatural death. The trouble is that implementation has been half-hearted, with the railways being particularly insensitive to protecting elephant corridors cutting across tracks. Like this many projects had been implemented and failed to implement.
Now it’s high time to revise Laws and make an Amendment, take strict actions. NGOs and other animal rights organizations like PETA, etc. to protect the animals should be given enough liberty to do the work which others fail to understand. The authorities should take them seriously when they reach them for any kind of aid. People should take care of the local animals in their locality and make sure no one harms them unnecessarily and unreasonably. Most important is to make every citizen aware of those rights and the punishment.
REFERNCE:-
https://a-time-for-change-in-animal-cruelty-laws
https://www.animallaw.info/article/overview-animal-laws-india
https://www.legalserviceindia.com/legal/article-4238-a-critical-analysis-on-animal-welfare-in-india.html
https://www.drishtiias.com/daily-updates/daily-news-analysis/wild-life-protection-act-implementation-and-failure
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