Animal Protection Laws In India- An Overview

India is a land of biodiversity and a melting pot of religions. In a

country where animals are worshipped, we may assume that
the laws protecting animals must be stringent. However, in the
past few years there have been increase in animal cruelty
cases. https://theprint.in/judiciary/instances-of-animal-cruelty-
frighteningly-frequent-what-hc-said-on-dog-bruno-killed-in-
kerala/688943/ Here I have shed light on the important Animal
Protection laws.

The Constitution of India provides in Article 51A(g) that it is

the duty of every citizen to protect and show compassion
towards living creatures. Article 48 prohibits slaughter of cows,
calves and draught cattle. Furthermore, Article 48A imposes a
duty on the State to preserve and safeguard wildlife and
forests.

The basis of animal protection laws is the Prevention of

Cruelty to Animals Act 1960. Section 11 of this Act
enumerates the various activities which are considered to be
“cruelty”. These include beating, kicking, confinement, torture,
depriving animals of sufficient food, water and shelter,
abandoning animals, mutilating or killing of animals in a painful
way. Using an animal as bait for another animal solely for
entertainment is also considered to be cruelty. Organizing of or
participating in or inciting any animal fight is a cognizable
offence However, the fines imposed are minimum (Rs.25-1000)
for such activities.
The laws relating to wildlife in India are listed in the Wildlife
Protection Act, 1972. Under this Act, “animal” includes
amphibians, birds, mammals, and reptiles, and their young, and
also includes, in the cases of birds and reptiles, their eggs. This
Act prohibits hunting of wild animals. The offence is punishable
with imprisonment for a term which may extend to 3 years or
with fine which may extend to Rs. 25,000/- or both. In a second
offence, the term of imprisonment will be seven years with fine
of ten thousand Rupees. Section 48A of the Act prohibits
transportation of any wild animal, bird or plants except with the
permission of the Chief Wildlife Warden or any other official
authorized by the State Government.

The Drugs and Cosmetics Rules (Second Amendment)

2014 prohibits animal testing for cosmetic products all over
India. Any violator is liable for punishment for a term which may
extend from 3 up to 10 years or shall be liable to a fine which
could be Rs.500 to Rs.10,000, or both.

Section 428 of Indian Penal Code provides that : Whoever

commits mischief by killing, poisoning, maiming or rendering
useless any animal or animals shall be punished with
imprisonment of either description for a term which may extend
to two years, or with fine, or with both. Section 429 provides
that mischief by killing or maiming cattle, etc., shall be
punishable with imprisonment of either description for a term
which may extend to five years, or with fine, or with both. Any
illegal killing or cruelty towards an animal can be reported to the
local police station and a F.I.R. can be filed against the
offender.

Conclusion:
The laws protecting animals are not stringent enough to deter
crimes against animals. There is an immediate need for stricter
laws which will promote co-existence and help serve the true
purpose for which these acts were brought into action.
Practices such as heavy fines, imprisonment are necessary.
Apart from this children must be taught how to show
compassion towards animals.