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Soundara Rajan.R

2nd Year- Symbiosis Law School, NOIDA

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SOUNDARA RAJAN.R

“We make a living by what we get, but we make a life by what we give.”

-Sir Winston Churchill

 

Introduction

Equality not only means treating equally; but also considering equally. I strongly believe that the only noble weapon we have is law which are ought to be used but we still do not use it; on the other side we use harmful weapons to hunt and slaughter these animals. In this paper I throw light upon the certain statutory provision which not only regulates animal rights but also controls and prescribes punishment for the offenders.

Animals – defined

Section 2 (a) of Prevention of Cruelty to Animals Act, 1960 defines animal; means any living creature other than a human being (impliedly both vertebrates and invertebrates).

Section 2 (1) of Wildlife Protection Act, 1972 defines “animal” – includes amphibians, birds, mammals, and reptiles, and their young, and also includes, in the cases of birds and reptiles, their eggs.

Birds are widely covered under the Wildlife Protection Act. India is a signatory of a International protocol which ensures full protection to all migratory birds. Hunting and destroying their nests are illegal.

The green birds that we mistakenly refer to as parrots are actually parakeets. It is illegal to keep them in cages. So called fortune tellers often use these birds. The punishment is a fine and up to 5 years in jail. How many of us care for these parakeets future? Rather we all are worried about the words of the fortune teller which he scribbles himself!

Basic requirements

Let us take our eye towards Section 11 of Prevention of Cruelty to Animals Act, 1960; if animals are being kept on the premises, they must be provided proper food, water and shelter which mean shade from the heat and protection from the cold. Keeping chickens stuffed into cages is illegal as it denies them opportunity to exercise and causes unnecessary suffering. Keeping animals constantly tethered or on short ropes / chains is illegal.

 

Effect in films

You must have often come across this statutory warning ‘Drinking and smoking are injurious to health!’ and there is a new addition to it these days which reads as ‘NO ANIMALS have been tortured in making of this film’.

No animals can be shown caged for no purpose or suffering unnecessarily in movies which provosts an ill thought in the minds of the viewers. Obviously aquarium comes with an exception since fishes are ought to be stored in a closed containers!

No more harmful scenes like breaking of aquarium by heroines, heroes performing stunt scenes with wild animals. Films that use animals are required to file for registration under the Animal Performing Rules 1973.

Penalty for practising phooka or doom dev

There is also a provision in Prevention of Cruelty to Animals regarding practising phooka(illegal).This provision is self explanatory. This particular Sec 12 of PCA reads as- If any persons upon any cow or other milch animal the operation called practising phooka or [doom dev or any other operation (including injection of any or doom dev. substance) to improve lactation which is injurious to the health of the animal] or permits such operation being performed upon any such animal in his possession or under his control, he shall be punishable with fine which may extend to one thousand rupees, or with imprisonment for a term which may extend to two years, or with both, and the animal on which the operation was performed shall be forfeited to the Government.

Special eye on Slaughter animals

It is a cake walk for people to get meat animals from market these days. But this actually involves a wide and ‘statutory’ procedure which has been dumped in dark room. Section 3 of Prevention of Cruelty to Animals (Slaughter House) Rules, 2001 is a negative clause which prevents persons from slaughtering animals of prescribed kind Section 3(1) No person shall slaughter any animal within a municipal area except in a slaughter house recognised or licensed by the concerned authority empowered under the law for the time being in force to do so.

The word’ person’ is not only restricted to Indian citizens but also to other persons who reside in India (citizenship is immaterial in this section even women are included in the scope of ‘person’)

Animals which are not to be slaughtered (according to sec 3 of prevention of Cruelty to Animals (Slaughter House) Rules, 2001):

Animal which is pregnant;

has off springs less than 3 months;

is less than the age of 3 months;

has not been certified by a veterinary doctor as fit to be slaughtered.

No animal can be slaughtered before the view of the any other kind of animal as this creates an ill fell even for them. Look at the living law we have, it even respects the feelings of animals but we human beings often fail in this aspect. But the most debateable question is that whether the law is enforced in full force when it comes to laws related to animal or its rights.

Every slaughterhouse should have only a maximum number of animals that are permitted to be slaughtered.

Conclusion

Why not a PIL for these creatures? Cruelty has the same meaning whether it’s caused to humans or animals. I never wanted to conclude this paper as I could not stop writing on animal violence. Everything needs a provocation no matter whether it’s researching or terrorism; unless and until it is incited it can’t be successful as expected. So I bow before people who encouraged (rather incited) me to give a critique on implementation of animal rights. We as a human must be a thought provoking voice for these voiceless animals. We have a sixth sense where as they do not, but still we are not concerned about it. It is not my contention that as a citizen you must follow the law (we are bound to follow); but at least as a human we can put a stop against harming these animals.

 

Note: The Idea of highlighting the word no animals is to convey the message that our country will be left out with no animals in future if this cruelty prevails.

 

 

References

http://moef.nic.in/downloads/public-information/draft-animal-welfare-act-2011.pdf

http://www.animalinfo.50megs.com/custom.html

http://pets.indiatimes.com/articleshow/668780891.cms

http://www.envfor.nic.in/legis/awbi/awbi01.pdf

http://envfor.nic.in/legis/wildlife/wildlife1.html

 


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