An incident this week put a great stigma on the whole so called literate human society.

Haven’t we seen
the master instigating pain on animal and we enjoyed a lot(think about it-human being)?

The question that arises is the country whose independence was based on securing the rights of human
being,do they have any law or right to secure the right of other living human being?

Let us see,

1.Animal Protection under The Indian Constitution

A) The Constitution of India recognizes the lives and welfare of animals by making it a fundamental duty
of the citizens of India to respect and treat all living creatures with compassion. Animal rights are
protected under the Constitution of India. Article 51A(G) makes it a fundamental duty upon every citizen
of India to protect wildlife and have compassion for all living creatures.

B) According to Article 48, (DPSP) the State has the duty to organize agriculture and animal husbandry
on modern, scientific lines and to take steps for preserving and improving breeds, prohibiting slaughter
of cows and calves and other milch and draught cattle.

Article 48A provides that the State also has a duty to protect, safeguard and improve the forests and
wildlife of the country.

C) In List II (State List), Seventh Schedule, it is provided that the State has the power and authority to:14
Preserve, protect and improve stock and prevent animal diseases, and enforce veterinary training and
practice.

In List III (Concurrent List), it is provided that both the Centre and the State have the power and
authority to: List-III NO.

17 -Prevent cruelty to animals.,17B. Protect wild animals and birds.

D) Under the Eleventh Schedule (Article 243 G), the Panchayati Raj institutions have the duty and
authority to deal with matters relating to:Animal husbandry, dairying and poultry.Fisheries,Animal
Protection Laws

The Prevention of Cruelty to Animals Act, 1960 is the Central Legislation regarding animal protection in
India. The object of the Act is to prevent the infliction of unnecessary pain or suffering on animals.

Note -The Animal Welfare Board of India is a statutory advisory body on Animal Welfare Laws and
promotes animal welfare in the country. Established in 1962 under Section 4 of the Prevention of
Cruelty to Animals Act, 1960 (No. 59 of 1960), the Animal Welfare Board of India was started under the
stewardship of Late Smt. Rukmini Devi Arundale, well known humanitarian. From ensuring that animal
welfare laws in the country are diligently followed, to provide grants to Animal Welfare Organizations
and advising the Government of India on animal welfare issues, the Board has been the face of the
animal welfare movement in the country for the last 50 years..The Animal Welfare Board of India, the
first of its kind to be established by any Government in the world, was set up in 1962, in accordance
with Section 4 of the Prevention of Cruelty to Animals Acts 1960.

The Wildlife Protection Act, 1972 is another Central Act that provides for the protection of wild birds,
animals, plants, etc.

Other laws are found in the following Rules: Dog Breeding and Marketing) Rules, 2017, Prevention of
Cruelty to Animals (Regulation of Livestock Markets) Rules, 2017, Prevention of Cruelty to Animals
(Regulation of Livestock Markets) Rules, 2017 Prevention of Cruelty to Animals (Care and Maintenance
of Case Property Animals) Rules, 2017, Animal Birth Control (Dog) Rules 2001, etc.

2.Laws relating to street animals

Killing, maiming, poisoning or rendering useless of any animal is punishable by imprisonment for up to
two years or with fine or with both, under Section 428 of the Indian Penal Code, 1860. Under Section
429 of the Code, the term is 5 years and is applicable when the cost of the animal is above 50 Rs.

Section 11 of the Prevention of Cruelty to Animals Act provides that if any person allows, or himself
beats, kicks or tortures, in any way, any animal subjecting it to unnecessary pain and suffering will be
liable to pay a fine of upto 50 Rs. In case of repetition of the offence, the fine will increase or an
imprisonment for 3 months will be granted.

The Animal Protection (Dogs) Rules, 2001 provide for rules relating to pet and street dogs.

3.Laws relating to Work Animals/Cattle

Chapter III of the Prevention of Cruelty to Animals Act deals with “Cruelty to animals generally”
According to Section 11, the following acts are punishable by fine upto Rs. 25-100 and a maximum of
three months of imprisonment on repetition of the said acts.
anybody who employs any unfit animal, suffering from wound, infirmity, sores or an animal of an old
age, to work. -Section 11 (b)

anybody who carries any animal subjecting it to pain or suffering. – Section 11 (d)

keeps an animal in a cage or any other such confinement which is not sufficiently big enough as to let
the animal move freely. -Section 11 (e)

any owner of an animal who allows his animal, affected with a contagious or infectious disease to die in
any street. -Section 11 (j)

any person who offers for sale an animal that is suffering from pain due to mutilation, starvation, thirst,
overcrowding or ill-treatment. -Section 11 (k)

In October 2014, non-binding guidelines called National Code of Practices for Management of Dairy
Animals in India were released by the government in consultation with an NGO named World Animal
Protection.

4.Laws relating to Wild Animals

The chief laws relating to wildlife in India are found in the Wildlife Protection Act, 1972. The Act
prohibits the killing, poaching, trapping, poisoning, or harming in any other way, of any wild animal or
bird. It also provides for establishment of Wildlife Advisory Boards in every State.

According to Section 2 (37) of the act, wildlife includes any animal, aquatic or land vegetation which
forms part of any habitat, thus making the definition a wide and inclusive one.

Section 9 of the Act prohibits the hunting of any wild animal (animals specified in Schedule 1, 2, 3 and 4)
and punishes the offense with imprisonment for a term which may extend to 3 years or with fine
which may extend to Rs. 25,000/- or with both.

The Act allows the Central and State Government to declare any area ‘restricted’ as a wildlife
sanctuary, national park etc. Carrying out any industrial activity in these areas is prohibited under the
Act.

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 authorised by the State Government.

Section 49 prohibits the purchase without license of wild animals from dealers.

5.Laws relating to Aquatic Animals

The Wildlife Protection Act is applicable to aquatic animals too. Protection of marine species in India is
done through creation of Marine Protected Areas (MPA).

Schedule 1-4 of the Wildlife Protection Act provides a list of all the protected marine species, for e.g
seahorse, giant grouper, hermatypic corals, organ pipe, fire coral, sea fans, etc.

Schedule III protects all species of sponges and Schedule IV comprises of a wide variety of mollusks.
Dolphins have been recognized as the national aquatic animal of India and find themselves placed in
Schedule I. India has banned use of dolphins for commercial entertainment, thereby placing a ban on
establishment of any ‘dolphinarium’ in the country.

6.Laws relating to Birds

Birds, too, are protected under the Wildlife Protection Act, 1972 (WLPA) and in Prevention of Cruelty to
Animals Act (PCAA), alongwith land and aquatic animals.

Section 11 (o) of the PCAA provides for punishment of any person who promotes or himself takes part in
any shooting match/competition where animals are released from captivity for shooting.

Under Section 16 (c) of the WLPA, it is unlawful to injure or destroy wild birds, reptiles, etc. or damaging
or disturbing their eggs or nests. The person who is found guilty of any of this can be punished for upto 7
years in jail and be made to pay a fine of upto Rs 25,000.

7.Laws relating to Zoo Animals

Laws relating to zoo animals are also found in The Wildlife Protection Act.Section 38A of the Act
provides for establishment of a Central Zoo Authority by the Central Government, which has the
following functions:

– specifying the minimum standards for keeping of animals inside the zoo.

-recognize or derecognize zoos.

-recognize endangered species and assign responsibilities to zoos for their captive breeding, etc.

According to Section 38 H, no zoo is allowed to function in India without recognition of the Central Zoo
Authority.

The CZA provides the guidelines that are necessary for Establishment & Scientific Management of Zoos
in India. These include rules like providing sufficient area, healthcare, freedom of movement, a
naturalistic environment to the animals, etc.

8.Laws relating to Pets

A lot of laws relating to pets are found in Section 11 of the Prevention of Cruelty to Animals Act. The
punishment, as mentioned above, for any of these offences is upto Rs 100, and three months
imprisonment in case of repetition of the offence.

Any person, who is the owner of an animal, negligently or intentionally chains a dog in close
confinement, habitually

Any owner who fails to provide his animal with sufficient food, drink or shelter- Section 11 (h)

Any person who, without any reasonable cause, abandons an animal in such a situation where the
animal is bound to suffer pain due to starvation or thirst- Section 11 (i)

Any owner of an animal who consciously allows an infected, diseased or disabled animal to go into any
street without any permit or leave the animal to die in any street- Section 11 (j)
Any person intimidating another person and preventing him/her, who is the owner of a pet, from
keeping or taking care of his/her pet can be held liable under Section 503 of the IPC.

9.Laws Relating to Animals used for the purpose of entertainment

No animal can be used for the purpose of entertainment except without registering under The
Performing Animals Rules, 1973.

Chapter V of the PCAA deals with performing animals.

Section 26 of the PCAA provides for punishment for any person who uses any animal for the purposes of
entertainment/performance with a fine of upto Rs 500 or with an imprisonment of upto three months
or with both.

10.Laws relating to testing or experiment on animals

Millions of animals, especially white mice, guinea pigs, rabbits, monkeys, etc. are used for
experimentation all over the world, and suffer and die with great pain in this process. Use of animals for
experimentation in the cosmetic industry amounts to grave cruelty.

Through the Drugs and Cosmetics Rules (Second Amendment) 2014, animal testing for cosmetic
products was prohibited all over India.

Any person who violates the Act is liable for punishment for a term which may extend from 3 to 10
years or shall be liable to a fine which could be Rs.500 to Rs.10,000, or both.

According to Rule 135B of the Drugs and Cosmetic (Fifth Amendment) Rules 2014, no cosmetic that has
been tested on animals shall be imported into the country.

A committee, established under the provisions of Prevention of Cruelty to Animals Act–The Committee
for the Purpose of Control and Supervision of Experiments on Animals (CPCSEA) released the Breeding
of and Experiments on Animals (Control and Supervision) Rules, 1998 (amended in 2001 and 2006) that
regulate the experimentation on animals.

Dissecting and experimenting on animals in schools and colleges is banned in India, under the PCCA.

How can you take action?

Now that we have a quiver full of laws in our hands to shoot, let us look at how we can use them and
make a formal complaint against violation of animal rights, and where:

Sending a Legal Notice: You can either send a legal notice to the individual/group of animal abusers
yourself through a lawyer, or report the matter to an NGO which would do that for you. In case no
action is being taken by the abuser even after sending the notice, you can file an official complaint.

Getting a Wildlife Case Registered: An offence report is known by different names in different states,
such as Preliminary Offence Report (POR), Offence Report, First Information Report (FIR), Seizure
Intimation, etc. However, to make the reports uniform, it is advised that the report be called Wildlife
Offence Report (WLOR). It is prepared under Section 50(4) of the Wild Life (Protection) Act, 1972. This
can be filed by anyone generally.
Though, to file a ‘complaint’, one needs to approach a magistrate and make an allegation orally or in
writing. One can approach a forest officer, who can further file a complaint to the magistrate. According
to Section 55 of the WLPA, the following persons can file a complaint to the magistrate:

The Director of Wildlife Preservation or any other officer authorized on his behalf, who is authorised by
the Central Government, Members of Central Zoo Authority or Member-Secretary of Tiger Conservation
Authority, Director of the concerned Tiger Reserve.

Chief Wildlife Warden

Any person who has given another person/group a notice of at least sixty days, of his intention to make
a complaint.

Arrest by an individual: Offences under the Wildlife Protection Act are non-bailable and cognizable
offences. Under Section 43 of the CrPC, an individual can arrest an offender who has committed a non-
bailable and cognizable offence or is a habitual offender, and hand him/her over to the police.

Getting the authorities to actually take action

It is very possible that a person may be very passionate about reporting a certain incident or just
generally about animal welfare, and may want to take action, but the concerned authorities may not
cooperate with them. This gets very demotivating, which is why a lot of people think of exercising
animal welfare as a very futile job. To get the authorities to actually take action, make sure you do the
following:

Make friends with lawyers and journalists: both of them, sometimes in exchange of money and
sometimes pro bono, will help you get your case through.

Meet people in NGOs and try to help the aggrieved animal or get an abuser reprimanded with the help
of established NGOs. Previously, NGOs have fought and won many cases in courts, and are a powerful
force altogether.

If the authorities are not taking action when it is urgent, try to call or write to higher authorities,
politicians, etc.

Gather people. Organize a peaceful protest or demonstration.

File a grievance on the website of Animal Welfare Board of India.

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. At the same time, it is imperative to
realize that the legislation that we currently have in India is not sufficiently strong and reasonable so as
to make great change. The general anti-cruelty parts in Section 11 of the PCAA can be made a lot more
effective by increasing the punishment and fine to some extent.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.
1.Central Pollution Control Board

Established: It was established in 1974 under the Water (Prevention and Control of Pollution) Act, 1974.

Objective: To provide technical services to the Ministry of Environment and Forests under the provisions
of the Environment (Protection) Act, 1986.
Key Functions:

Advise the Central Government on any matter concerning prevention and control of water and air
pollution and improvement of the quality of air.

Plan and cause to be executed a nation-wide programme for the prevention, control or abatement of
water and air pollution

Coordinate the activities of the State Board and resolve disputes among them

Provide technical assistance and guidance to the State Boards, carry out and sponsor investigation and
research relating to problems of water and air pollution, and for their prevention, control or abatement

Plan and organise training of persons engaged in the programme on the prevention, control or
abatement of water and air pollution

Organise through mass media, a comprehensive mass awareness programme on the prevention, control
or abatement of water and air pollution

Collect, compile and publish technical and statistical data relating to water and air pollution and the
measures devised for their effective prevention, control or abatement;

Prepare manuals, codes and guidelines relating to treatment and disposal of sewage and trade effluents
as well as for stack gas cleaning devices, stacks and ducts;

Disseminate information in respect of matters relating to water and air pollution and their prevention
and control

Lay down, modify or annul, in consultation with the State Governments concerned, the standards for
stream or well, and lay down standards for the quality of air.

Perform such other functions as may be prescribed by the Government of India.

2.National Biodiversity Authority

Established When: It is a statutory autonomous body under the Ministry of Environment and Forests,
Government of India established in 2003, after India signed Convention on Biological Diversity (CBD) in
1992

Headquarter: Chennai

The objective of the body: Implementation of Biological Diversity Act, 2002

Key Functions:It acts as a facilitating, regulating and advisory body to the Government of India “on
issues of conservation, sustainable use of biological resources and fair and equitable sharing of benefits
arising out of the use of biological resources.”

Additionally, it advises State Governments in identifying the areas of biodiversity importance

(biodiversity hotspots) as heritage sites.
3.National Tiger conservation authority

Established: It was established in December 2005 following a recommendation of the Tiger Task Force,
constituted by the Prime Minister of India for reorganised management of Project Tiger and the many
Tiger Reserves in India.

Headquarter: Delhi

Objective:Providing statutory authority to Project Tiger so that compliance of its directives become
legal.

Fostering accountability of Center-State in management of Tiger Reserves, by providing a basis for MoU
with States within our federal structure.

Providing for oversight by Parliament.

Addressing livelihood interests of local people in areas surrounding Tiger Reserves.

Key Functions:to approve the tiger conservation plan prepared by the State Government under sub-
section (3) of section 38V of this Act

evaluate and assess various aspects of sustainable ecology and disallow any ecologically unsustainable
land use such as mining, industry and other projects within the tiger reserves;

provide for management focus and measures for addressing conflicts of men and wild animal and to
emphasize on co-existence in forest areas outside the National Parks, sanctuaries or tiger reserve, in the
working plan code

provide information on protection measures including future conservation plan, estimation of

population of tiger and its natural prey species, the status of habitats, disease surveillance, mortality
survey, patrolling, reports on untoward happenings and such other management aspects as it may deem
fit including future plan conservation

ensure critical support including scientific, information technology and legal support for better
implementation of the tiger conservation plan

facilitate ongoing capacity building programme for skill development of officers and staff of tiger
reserves.

4.Animal Welfare Board of India

Established When: It was established in 1962 under Section 4 of The Prevention of Cruelty to Animals
Act,1960.

Headquarter: Chennai

Objective: To advise Government on Animal Welfare Laws and promotes animal welfare in the country.
Key Functions:Recognition of Animal Welfare Organisations: The Board oversees Animal Welfare
Organisations (AWOs) by granting recognition to them if they meet its guidelines. The organisation must
submit paperwork; agree to nominate a representative of the Animal Welfare Board of India on its
Executive Committee, and to submit to regular inspections. After meeting the requirements and
inspection, the organisation is considered for grant of recognition.

The AWBI also appoints key people to the positions of (Hon) Animal Welfare Officers, who serve as the
key point of contact between the people, the government and law enforcement agencies.

Financial assistance: The Board provides financial assistance to recognised Animal Welfare Organisations
(AWOs), who submit applications to the Board. Categories of grants include Regular Grant, Cattle Rescue
Grant, Provision of Shelter House for looking after the Animals, Animal Birth Control (ABC) Programme,
Provision of Ambulance for the animals in distress and Natural Calamity grant.

Animal welfare laws and Rules: The Board suggests changes to laws and rules about animal welfare
issues. In 2011, a new draft Animal Welfare Act was published for comment. Guidance is also offered to
organisations and officials such as the police to help them interpret and apply the laws.

Raising awareness: The Board issues publications to raise awareness of various animal welfare issues.
The Board’s Education Team gives talks on animal welfare subjects, and trains members of the
community to be Board Certified Animal Welfare Educators.

5.Forest Survey of India

Established When: It is a government organization in India under the Union Ministry of Environment,
Forest and Climate Change for conducting forest surveys and studies. The organization came into being
in, 1981.

Headquarter: Dehradun, Uttarakhand

Objective:The objective of the organization is monitoring periodically the changing situation of land and
forest resources and present the data for national planning; conservation and management of
environmental preservation and implementation of social forestry projects.

Key Functions-The Functions of the Forest Survey of India are:

To prepare State of Forest Report biennially, providing an assessment of the latest forest cover in the
country and monitoring changes in these.

To conduct an inventory in forest and non-forest areas and develop a database on forest tree resources.

To prepare thematic maps on 1:50,000 scale, using aerial photographs.

To function as a nodal agency for collection, compilation, storage and dissemination of spatial database
on forest resources.
To conduct training of forestry personnel in the application of technologies related to resources survey,
remote sensing, GIS, etc.

To strengthen research & development infrastructure in FSI and to conduct research on applied forest
survey techniques.

To support State/UT Forest Departments (SFD) in forest resources survey, mapping and inventory.

To undertake forestry-related special studies/consultancies and custom-made training courses for SFD’s
and other organizations on a project basis.

Forest Survey of India assesses forest cover of the country every 2 years by digital interpretation of
remote sensing satellite data and publishes the results in a biennial report called ‘State of Forest
Report'(SFR).

6.Central Zoo Authority of India

Established: It was established in 1992 and constituted under the Wild Life (Protection) Act.

Headquarter: Delhi

Objective :The main objective of the authority is to complement the national effort in the conservation
of wildlife.

Standards and norms for housing, upkeep, health care and overall management of animals in zoos have
been laid down under the Recognition of Zoo Rules, 1992.

Key Functions:Since its inception in 1992, the Authority has evaluated 513 zoos, out of which 167 have
been recognized and 346 refused recognition.

The Authority’s role is more of a facilitator than a regulator. It, therefore, provides technical and
financial assistance to such zoos which have the potential to attain the desired standard in animal
management. Only such captive facilities which have neither the managerial skills nor the requisite
resources are asked to close down.

Apart from the primary function of the grant of recognition and release of financial assistance, the
Central Zoo Authority also regulates the exchange of animals of the endangered category listed under
Schedule-I and II of the Wildlife (Protection Act) among zoos.

Exchange of animals between Indian and foreign zoos is also approved by the Authority before the
requisite clearances under EXIM Policy and the CITES permits are issued by the competent authority.

The Authority also coordinates and implements programmes on capacity building of zoo personnel,
planned conservation breeding programmes and ex-situ research including biotechnological
intervention for the conservation of species for complementing in-situ conservation efforts in the
country.
Wildlife Crime Control Bureau is a statutory multi-disciplinary body established by the Government of
India under the Ministry of Environment and Forests, to combat organized wildlife crime in the country.
The Bureau has its headquarter in New Delhi and five regional offices at Delhi, Kolkata, Mumbai,
Chennai and Jabalpur; three sub-regional offices at Guwahati, Amritsar and Cochin; and five border units
at Ramanathapuram, Gorakhpur, Motihari, Nathula and Moreh. Under Section 38 (Z) of the Wild Life
(Protection) Act, 1972, it is mandated to collect and collate intelligence related to organized wildlife
crime activities and to disseminate the same to State and other enforcement agencies for immediate
action so as to apprehend the criminals; to establish a centralized wildlife crime data bank; co-ordinate
actions by various agencies in connection with the enforcement of the provisions of the Act; assist
foreign authorities and international organization concerned to facilitate co-ordination and universal
action for wildlife crime control; capacity building of the wildlife crime enforcement agencies for
scientific and professional investigation into wildlife crimes and assist State Governments to ensure
success in prosecutions related to wildlife crimes; and advise the Government of India on issues relating
to wildlife crimes having national and international ramifications, relevant policy and laws. It also assists
and advises the Customs authorities in inspection of the consignments of flora & fauna as per the
provisions of Wild Life Protection Act, CITES and EXIM Policy governing such an item.