Protection of Animals and their rights in India

Protection of Animals and their rights in India

Author:- Amisha Anil Pardeshi, a Student of D.Y. Patil University of Law, Nerul

Introduction:

Every human being on earth is given protection through law and their individual rights. Freedom of speech and expression, Right to equality, Right against exploitation and more are some of the human rights. These rights recognize and protect the dignity of all human beings. It makes sure that every human being is given equal treatment and govern their conduct in the society.               

Just like human beings. Animals are also protected through their rights. India is the seventh largest country in the world, containing four of the world’s biodiversity hotspots which is one of the most bio-diverse regions of the world. Many animal species have been endangered in India. They include Bengal Tiger, Asiatic Lion, Kashmiri Red Stag, One-horned Rhinoceros, Lion- Tailed Macaque and much more. These animals are protected through National Parks, Sanctuaries, Conservation Reserves and Community Reserves. 

Not only the wildlife species, the stray animals like Dogs and Cats are also provided with protection and their rights. There are approximately 6.2 crore stray dogs and 91 lakh street cats in India. Thus, the innumerable number of animals in India are given protection through various laws. 

Rights for Stray animals include:

• A person who is caught feeding poisonous food to animals can be charged under Section 11 of the Prevention of Cruelty to Animals Act of 1960, which extends to the whole of India, except Jammu and Kashmir.            

• Stray dogs are protected under the Prevention of Cruelty to Animals Act, 1960, and rules enacted under Section 38 of the act, particularly, the Animal Birth Control (Dogs) Rules, 2001; Indian Penal Code, sections 428 & 429 and Article 51A (g) of the Constitution. Despite such extensive laws, people go free without punishment because bringing them to justice is a difficult task. 

• The Delhi High Court has stated that there are no laws that prohibit people from feeding stray animals. It further stated that feeding strays is both lawful and helpful since it makes it easy to confine them to one particular area that they belong to. This facilitates efficient birth control and annual vaccination.

• As per Section 11(i) of Prevention of Cruelty to Animals (PCA) Act, 1960 abandoning an animal, leaving it in a situation that it suffers pain due to starvation or thirst, is a punishable offense.

• Street dogs cannot be beaten, killed or driven away or displaced or dislocated, they can only be sterilized in the manner envisaged in the Animal Birth Control (Dogs) Rules, 2001, vaccinated and then returned back to their original locations. 

Rights for Wild animals include:

• Article 48 A states that the State shall endeavour to protect and improve the environment and safeguard the forests and wildlife of the country.

• Article 51A(g) states it to be a duty of every citizen of India “to protect and improve the natural environment including forests, lakes, rivers, and wildlife, and to have compassion for living creatures.

Wildlife Protection Act, 1972:

• As per Section 9 of the Wildlife (Protection) Act, 1972, any illegal hunting or killing of any species is stated under the schedules of the Wildlife (Protection) Act, 1972, or even the slightest attempt to do so.

• Under Section 27 and Section 35(8), causing harm or destruction to any National park or Sanctuary is punishable.

• Illegal possession of wild animals and/or their derivatives require signed authorization from the Chief Wildlife Warden to keep all “animal articles, trophy or uncured trophy” that are produced from animals stated listed in Schedule I or Part II of Schedule II as well as salted and dried skin of any such animal, as well as the musk from musk deer or rhino horns. Such possession, even if it predates the CITES treaty or Indian law, is prohibited without a certificate of ownership from the Chief Wildlife Warden. 

• Section 40(2), 43, 44, 49, 49B prohibits the domestic or foreign commerce of specified species or their derivatives.

• Entrance into a national park or wildlife refuge without authorization as given under Section 27, 35 (8).

• Invasion of a national park or wildlife sanctuary with a weapon according to Section 31, 35(8).

• Arson and the use of harmful chemicals within a sanctuary, a national park, or a Conservation reserve as per Sections 30, 32, 35(8), 36A (2), 36C(2), 38V(2).

• The act of mocking or assaulting animals in a zoo, or causing disruption or littering is punishable according to Section 38J.