The shocking number of reports of animal cruelty is just the tip of the iceberg every day—most cases are unreported. Cases of animal abuse are not collected by state and federal agencies, unlike violent crimes against persons, making it difficult to calculate how common they are. We can, however, use the available information to try to understand and prevent abuse.
India is one of the world’s seventh largest biodiversity region and includes four of the 36 hotspots worldwide. In the last few years, animal welfare and protection in the country has taken an important position. The fundamental task of animal protection is enshrined in the Indian Constitution, with various animal welfare legislation in India, such as the 1960 Animal Cruelty Prevention Act, the 1972 Central Wildlife Protection Act and state legislation to ban livestock protection and cow slaughter. The Indian Penal Code (IPC) 1860 is India’s official penal code covering all substantive criminal law issues. In accordance with Sections 428 and 429 of the IPC, any act of cruelty, such as killing, intoxicating, maiming or making animals unserviceable, shall be punished.
The most frequently reported animals are dogs, cats, horses and cattle. Undercover studies have shown that in the farming industry animal abuse abounds. But only the most shocking cases have been reported, and few have ever been prosecuted due to the weak animal protection provided for in state cruelty laws. Few instances of animal cruelty which makes us question humanity, a goat was stolen and abused by the accused at a house that was deserted and after which he was later found dead by the owner, after which it died. A 35-year-old man has been arrested because he is supposed to have sex with a dog. The accused lured the dog into his house and attached a rope to his mouth.
The Animal Cruelty Preventing Act was enacted in 1960 to prevent unnecessary pain or animal suffering and to amend the laws on animal cruelty prevention. After this Act had been enacted, India’s Animal Board was set up to promote the welfare of animals. In order to effectively protect the wildlife of India and to prevent poaching, smuggling, and illegal trade in animals and their derivative products, the Government of India has adopted Wildlife (Protection) Act 1972, as amended. The Act was amended in January 2003 and penalties for offences under the Act increased. More stringent measures to strengthen the law have been proposed to amend the law. The aim is to protect the endangered flora and fauna as well as the protected areas of ecological importance. There are several other laws to protect the animals against such cruelty however they are insufficient.
A great deal of complex and specific animal protection legislation has been enacted in India, it is often not properly applied. This is because citizens and NGOs concerned often do not emphasize the legal path to results. At the same time, it is imperative to realize that the law we have in India today is not strong enough and reasonable enough to make big changes. Section 11 of the PCAA provides a much more effective general anti-cruelty component by increasing punishment and fines in some measure. The laws can be stricter and more all-embracing in order to protect and conserve animals of all types, be they street animals, wild animals or animals that live in every type of habitat.
Aishwarya Says:
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