ANIMAL PROTECTION: PREVENTION FROM CRUELTY

INTRODUCTION

Humans are the biggest monster in this planet. We play with nature in the name of development. Animals are one of the victims of such act. Animals are hunted to sell their skin, tusk, blood, scale venom etc. and sometimes sacrificed for the name of God which result in increase of endangered species, imbalance in the ecosystem and global health crisis. Humans exploit animals to satisfy their greed.

Cases of animal abuse, illegal transportation, poaching, slaughter, abandonment of pets, and violence of street animals are increasing in recent years. Recognizing the need to protect animals, the Indian legal system provides various constitutional provisions, statutory laws, and institutional mechanisms to ensure animals safety. Article 48A directs the State to protect and improve the environment and safeguard forests and wildlife. Similarly, Article 51A(g) imposes a fundamental duty upon citizens to show compassion towards all living creatures.

This article deals with what kind of cruelty animals in India face, what is the reason behind it, laws in India to protect animals, procedure to report animal cruelty and challenges being faced. The article proceeds as follows: section 2 sets out the cruelty faced by animals, section 3 sets out the existing laws to protect animals, and section 4 examines the challenges being faced in implementation of laws.

CRUELTY FACED BY ANIMALS

Forms Of Cruelty

Animals are physically abused either by beating, burning or poisoning. They are used for transport, excessive workloads and harsh treatment. Even the pet animals are illtreated by their owners, sometimes they fail to provide proper food, water, shelter, and medical care and even abandonment in some cases.

Illegal slaughter, smuggling, trade, wildlife exploitation, poaching, sacrifice in the name of God and subjecting animals to unnecessary pain are some of the major grounds of animal cruelty. Animals are transported in overcrowded vehicle without proper food and ventilation causing injuries and even death.

Studies and Studies and reports from animal welfare organizations highlight the scale of animal cruelty in India. Between 2010 and 2020, nearly 4,93,910 animals were reported as victims of human crimes which included abuse of pets, street and wild animals. Many cases involve physical abuse, illegal transportation, and trade. However, experts believe that a large number of incidents remain unreported. Therefore, the actual number of cruelty cases may be significantly higher. These statistics demonstrate the urgent need for stronger enforcement of animal welfare laws and greater public awareness to prevent such act to escalate.

Causes Of Animal Cruelty

There are several social and financial reasons that leads to animal cruelty. One of the major reasons is lack of awareness. Most of the public are not aware about the animal welfare, legal proceedings and that animals are entitled to humane treatment under the law. In rural areas, due to limited access to education people treat animals as property unaware of the fact that such act amount to cruelty and is against the law.

Economic factors also play a crucial role in the mistreatment of animals. In many parts of India, animals such as bullocks, donkeys, horses, and camels are used for transportation, farming, and labour. Owners make them overwork to increase productivity.  Due to financial issues, they can’t provide adequate food, shelter, and veterinary care. Also demand for meat, exotic pets, and animal products encourages illegal transport and smuggling of animals. Animals are poached to sell their horn, tusk, venom, blood, skin etc. at higher prices.

Due to urbanisation human and animal relation is shaken. Street animals are perceived as nuisance due to concerns about safety, disease, or traffic accidents. Pet ownership also increased in urban areas but owners don’t take the responsibility to take their care. Either they lack the knowledge about nutrition, vaccination, medical care and shelter. In some cases, pets are abandoned when they become inconvenient, fall ill, require additional care or its maintenance is getting expensive. On the contrary there are some old culture and tradition in which animals are used for entertainment, racing, fighting or sacrificing purposes. Although such practices are restricted or regulated by law but in some regions due to strong cultural traditions it is still continued.

Environmental Consequences

Cruelty towards animals not only harm them but also to the ecosystem. When animals are abused, killed, or removed from their natural environments, it creates imbalance in ecosystem. One of the most serious environmental consequences of cruelty to animals is the loss of biodiversity. Biodiversity refers to the variety of living species present in an ecosystem, including flora and fauna. When certain species are hunted excessively or used for illegal trade, their populations may decrease rapidly, sometimes leading to extinction. The extinction of species reduces biodiversity and weakens ecosystems. Animals play specific roles within food chains and food webs. Predators, herbivores, and scavengers each play an important role in maintaining ecological balance. When cruelty results in the killing or removal of certain animals from an ecosystem, the natural food chain breaks. Ecosystems function through complex interactions between different species. When animals are subjected to cruelty, their populations may decline or disappear, disturbing these interactions.

LAWS TO PROTECT ANIMALS IN INDIA

Prevention Of Cruelty To Animals Act, 1960

The Prevention of Cruelty to Animals Act, 1960 (PCA Act) is the main law in India that deals with animal cruelty. Its primary goal is to prevent unnecessary pain or suffering in animals and to encourage humane treatment. The Act was created to stop cruelty and mistreatment of animals, to promote animal welfare, their humane treatment and to regulate activities involving animals, including transportation, experimentation, and entertainment. 

Section 11 of the Act outlines various actions that are considered cruelty to animals.

These include: 

• Beating, kicking, torturing, or treating animals in a cruel way.
• Overloading or overworking animals used for work or transport.
• Keeping animals in cramped spaces without enough air or room.
• Denying animals food, water, or shelter.
• Abandoning animals when they are no longer needed.
• Transporting animals in ways that cause unnecessary suffering.

Anyone who commits these acts may face punishment under the Act.

A key aspect of the PCA Act is the formation of the Animal Welfare Board of India (AWBI). This board was set up to promote animal welfare and ensure that animal protection laws are effectively enforced.

The Board’s duties include: 

• Advising the government on animal welfare policies.
• Promoting the humane treatment of animals.
• Supporting animal welfare organizations and shelters.
• Educating the public about animal protection.

The Board plays an important role in coordinating animal welfare efforts across the country.

Wildlife Protection Act, 1972

Another important law is the Wildlife Protection Act, 1972. This law focuses on protecting wild animals, birds, and plants. Its goal is to conserve wildlife and shield endangered species from hunting, poaching, and illegal trade. Under this law, the government can set aside protected areas like national parks, wildlife sanctuaries, conservation reserves, and community reserves to protect natural habitats. The Act also governs trade in wildlife products and imposes strict penalties for crimes like illegal hunting and trafficking of wildlife. By protecting wild animals and their habitats, the Wildlife Protection Act plays a key role in preserving biodiversity and maintaining ecological balance.

The National Board For Wildlife (NWBL) was established under this act. The Board advises the government on policies for wildlife conservation and protecting endangered species. It reviews projects that could impact wildlife habitats and makes sure environmental factors are considered before approving development projects and maintain ecological balance.

The Constitution Of India

The protection of animals in India relies on a solid legal framework made up of constitutional provisions, laws, and regulations designed to prevent cruelty and promote animal welfare. The Constitution of India sets the groundwork for animal protection through Article 48A, which tells the State to protect and improve the environment and to take care of forests and wildlife. Article 51A(g) also requires every citizen to show compassion for living creatures and to protect the natural environment. While these provisions cannot be directly enforced in courts, they guide the government in creating policies and laws about animal welfare. The judiciary has interpreted the right to life under Article 21 broadly. This interpretation includes environmental protection and the humane treatment of animals, stressing that animals should live without unnecessary pain or suffering.

In case N.R. Nair v. Union of India, circus owners challenged a government notification banning the training and exhibition of animals like bears, monkeys, lions, and tigers in circuses. The Kerala High Court upheld the ban, ruling it was a reasonable restriction under Article 19(1)(g) because preventing cruelty to animals is a legitimate and important state objective.

Institute for Animal Welfare

Many Indian states have set up their own State Animal Welfare Boards to support animal welfare locally. These boards work with the Animal Welfare Board of India and local authorities to enforce animal protection policies. State boards help animal welfare organizations, oversee sterilization programs for stray animals, and run awareness campaigns to inform the public about animal rights and responsibilities.

In case Animal Welfare Board of India v. A. Nagaraja, animal welfare groups challenged the bull-taming sport Jallikattu for causing cruelty to bulls under the Prevention of Cruelty to Animals Act, 1960. The Supreme Court held that animals have a right to live with dignity and freedom from unnecessary pain, and therefore banned Jallikattu and similar events promoting cruelty.

Besides government bodies, several non-governmental organizations are essential in protecting animals. One of the most notable is People for Animals (PFA). This group operates throughout India to rescue animals, provide shelter and medical care, and raise awareness about animal welfare. NGOs often run animal shelters, rescue teams, and veterinary clinics. They also collaborate with law enforcement to report cases of cruelty and push for stronger animal protection laws.

At the district and local level, the Society for the Prevention of Cruelty to Animals (SPCA) plays a vital role in protecting animals. These societies are set up under the Prevention of Cruelty to Animals Act and work in different districts across India. The main function includes rescuing injured or abandoned animals, providing veterinary care, and looking into complaints of cruelty. They often run animal shelters in which rescued animals receive care and rehabilitation.

Other Rules And Regulations

Animals can only be slaughtered in licenced slaughterhouses. Similarly, there are rules for transportation of animals, to ensure they are treated humanely while transportation. Also, the government introduced Animal Birth Control (ABC) rules to reduce the number of street dogs. In many cities municipal corporation have implemented pet licensing rules to encourage responsible pet ownership.

CHALLENGES IN IMPLEMENTING LAWS

Although India has several laws and institutions aimed at protecting animals, putting these measures into practice still faces many challenges. These challenges arise from legal, social, economic, and administrative factors. Therefore, even with a legal framework in place, cases of animal cruelty still increasing in the country. Analysing these challenges is crucial to improve animal welfare policies and the enforcement of existing laws.

Lack Of Public Awareness

People’s ignorance of animal welfare laws and the moral treatment of animals is another significant challenge. Many people are unaware of the legal definition of cruelty, which includes things like beating stray animals, abandoning pets, and transporting animals in crammed cars. People may unintentionally participate in harmful practices if they lack sufficient knowledge and education about animal welfare.

Inadequate Law Enforcement

The weak enforcement of current legislation is one of the biggest challenges to animal protection. Even though India has laws like the Prevention of Cruelty to Animals Act, authorities fail in putting these laws into practice. Animal abuse cases may not be treated as serious crimes by police officers and local authorities, which could lead to a delay in investigations and little legal action. Due to a lack of evidence or carelessness in the investigation process, criminals are usually not punished.

Illegal Animal Trade And Smuggling

Illegal trade and smuggling of animals remain serious concerns in India. Animals are frequently transported illegally for slaughter, breeding, or sale in the exotic pet market. During transportation, animals are often kept in overcrowded vehicles without adequate food, water, or ventilation. These conditions cause extreme suffering and sometimes death. Wildlife trafficking also threatens many endangered species and disrupts ecological balance.

Inadequate Infrastructure For Animal Welfare

Many animal shelters, rescue centres, and veterinary hospitals face shortages of funding, staff, and facilities. This lack of infrastructure limits their ability to provide proper treatment and care to injured or abandoned animals. Especially in rural areas access to veterinary services are limited, making it difficult to address animal welfare issues effectively.

CONCLUSION

Animal cruelty is a major social, legal, and environmental problem that needs immediate attention. As has been discussed throughout this article, animals in India are subjected to various types of cruelty, including physical abuse, illegal transportation, overworking, abandoning pet animals, wildlife poaching, and using animals for entertainment or religious purposes. These activities not only cause immense pain to animals, but they also cause imbalances in nature. If animals are taken away from their natural habitats or treated inhumanely, the balance of nature gets disrupted, leading to imbalances in food chains and ecosystem.

India has a substantial legal system in place to deal with animal cruelty. The Constitution of India, through Article 48A and Article 51A(g), states that it is the duty of both the State and citizen to protect wildlife and have compassion for all living creatures. The Prevention of Cruelty to Animals Act, 1960, and the Wildlife Protection Act, 1972, are some of the laws that protect animals from cruelty and illegal wildlife trade. Organizations such as the Animal Welfare Board of India, State Animal Welfare Boards, People for Animals, and Society for the Prevention of Cruelty to Animals are also playing a major role in spreading awareness about animal welfare and rescuing animals.

However, despite the existence of these laws and institutions, there are still some challenges that continue to hamper the effective implementation of these laws. Lack of awareness among the public, lack of enforcement of laws, smuggling of animals, and lack of infrastructure for animal care are some of the major challenges that affects implementation of animal protection laws. Moreover, in most cases, animal abuse goes unreported, and the abusers go unpunished due to a lack of evidences. It showcases the gap between legal provisions and its ground implementation.

Thus, in order to make animal protection in India more effective, there is a need for a collective effort from the government, law enforcement agencies, and the public.

Reference(S):

Case Laws

Animal Welfare Board of India v. A. Nagaraja, (2014) 7 S.C.C. 547 (India).

N.R. Nair v. Union of India, A.I.R. 2001 Ker. 340 (India).

Legislation

The Constitution of India, 1950

Wildlife Protection Act, 1972

Prevention Of Cruelty to Animals Act, 1960

Secondary Resources

Federation of Indian Animal Protection Organisations (FIAPO), In Their Own Right: Calling for Parity in Law for Animals (2021).

People for Animals, Status of Animal Welfare in India (various reports), https://www.peopleforanimalsindia.org.

Federation of Indian Animal Protection Organisations (FIAPO), Crimes Against Animals in India: A Decadal Report (2010–2020).

Samridhi Soumya, The Legal Standing Against the Issues of Animal Cruelty in India, 1 ILE Weekly Rev. 1–9 (2023).