Why Animal Cruelty in India Needs To Be Addressed Urgently? What Does the Law Say?

Recently, in an unfortunate incident, a dog named Bruno was treated inhumanely. The same visit official link was met with a worldwide virtual protest. [1] However, this is not the first incident but one among the many, which often go unreported.

Despite legislation and rules against animal cruelty, India constantly witnesses unnatural deaths of animals across the country. Nevertheless, surprisingly, India ranked second in the Global animal protection Index in 2020

Cruelty in General

Section 11 of the Prevention of Cruelty to Animals Act 1960 (PCA Act, 1960) makes it an offence to beat or torture animals. [7] All kinds of cruelties towards pet animals by their owners are an offence under this section. Even organising animal fights as a sport/entertainment is an offence that will be punished with a fine ranging from Rs.50 to Rs.100 or imprisonment for three months or both. The PCA Act deals with animal cruelty and Section 428 and 429 of the IPC 1860 [8] criminalise killing or maiming any animals for commercial purposes.[9]

Restriction on Entertainment

Using animals for entertainment and commercial purposes also comes under cruelty and is restricted in animals’ interest. Section 26 of PCA Act 1960 punishes the Act of exhibiting or training any animals, and they will be fined up to RS.500.[10] But there is an exemption for this restriction in Section 27. [11] Training or exhibiting animals for bonafide purposes like military training, educational purposes will be exempted from the hands of Section 26.

Protection of Aquatic Animals

Many must have wondered that why there is no dolphinarium in India? Since dolphins are the aquatic animal of India, they are placed under Schedule I of the Wildlife Protection Act 1972. [12] This legislation provides a list of species in Part II and Part II A of Schedule I, needed to be protected. Thus, India banned the use of dolphins for entertainment shows or any commercial purposes w.e.f May 17, 2013. [13]

Protection of Wild Animals

Wildlife Protection Act defines hunting as not just an act of killing or poisoning wild animals. Still, it includes those acts that disturb wild animals’ lives, such as destroying the egg of animals or reptiles or disturbing their nest. Thus, under Section 9 of the Wildlife Protection Act, hunting is punished with a fine of Rs.25, 000 or imprisonment for up to 3 years or both.[14] Again this Act allows hunting for special purposes like scientific or educational purposes.[15]