ENFORCEMENT OF ANIMAL WELFARE LAWS – OVERLOADING, TRANSPORTATION AND SLAUGHTER IN INDIA
The 42nd Amendment to the Indian Constitution in 1976 was a progressive step towards laying the groundwork for animal protection in India. The constitutional provisions establishing the duty of animal protection have resulted in the enactment of animal protection legislations both at the central and state level, most notable of which being the Prevention of Cruelty to Animals Act 1960. Furthermore, over the years Indian courts have developed a growing legal jurisprudence in animal law.
http://www.awbi.org/awbi-pdf/APL.pdf
However, there is a still a long ways to go in truly developing a solid foundation for animal law in India. The provisions for animal protection in the Indian Constitution remain principles instead of concrete law enforceable in courts. The penalties under the Prevention of Cruelty to Animals Act 1960 for cruelty against animals are simply not strict enough to truly deter crimes against animals. The law is not strictly enforced and contains several provisions which provide leeway through which liability can be escaped. Extensive reforms need to take place in this regard to provide a stronger animal protection law for India.
KEYWORDS
Contravention: An action which offends against a law, treaty, or other ruling.
Draught: An animal used for pulling heavy loads.
Endemic: Disease that occurs in a certain place or group of people.
Harness: A set of straps and fittings by which a horse or other draught animal is fastened to a cart, plough, etc. and is controlled by its driver.
Lairage: A place where animals may be rested on the way to market or slaughter.
Oxytocin: Hormone controlling key aspects of the reproductive system, including birth and lactation, and aspects of animal behaviour.
Pneumatic: Containing or operated by air or gas under pressure.
Quarantined: Restriction on the movement of animals to prevent the spread of disease(s).
Repugnancy: Inconsistency or incompatibility of ideas or statements.
Slaughter: To kill (animals) for food.
Stunning: A process ensures the animal is unconscious and insensible to pain before being bled out at slaughter.
laws relating to transport, slaughter and overloading of animals and corresponding legal provisions.
It is important to note that laws specifically pertaining to farmed animals are covered under two aspects, i.e. animal husbandry which is on the state list and prevention of cruelty to animals, which is on the central list. That is why states sometimes have varying legal restrictions on the treatment of certain animals (e.g. Cow slaughter laws, or animal sacrifice relating laws). In the event of a repugnancy between the laws made by the central and state legislature, the Central law will override the state law. A state law passed subsequent to the Central law will prevail, however, if it has received Presidential assent under Article 254.
https://www.pashudhanpraharee.com/sop-of-pca-act-related-laws-for-strayindian-dogs/
CATTLE SPECIFIC OFFENCES
Illegal Use of Oxytocin and Other Substances in Dairies
Section 12 of the PCA Act, 1960 states that no person use any drug including oxytocin to increase lactation in any animal or for non-therapeutic purposes. Injecting any substance to an animal without veterinary prescription is an offence. Oxytocin cannot be openly sold in the market. It can only be sold with a prescription and records need to be maintained by chemist as per the Drugs and Cosmetics Act and Rules framed under the same. It can only be available in registered hospitals but is illegally purchased / procured by dairies across the country.
Procedure for Reporting
Any police officer not below the rank of a Sub Inspector can take cognizance of the offences related to illegal use of Oxytocin and other prohibited substances in dairies.
An unlabelled, white or colourless drug in a glass or plastic vial reported in a dairy can be sent for testing for suspicion of oxytocin.
All containers of the drug, the syringe and any other evidence must be taken into custody immediately.
The Drug Inspector and a veterinarian will be needed for sealing the sample.
The veterinarian must write a prescription for purchase of oxytocin from the market.
The veterinarian’s sample and the confiscated drug must be sealed and stamped by Drug Inspector and sent to the lab for testing.
The animals must be seized and sent to the shelter or SPCA following due procedure prescribed in Care and Maintenance of Case Property Rules.
FIR must be drawn carefully taking into account any other general cruelty issues or irregularities that may be reported at the event.
If the lab confirms presence of Oxytocin in the sample drug, charge sheet must be prepared.
Cow Slaughter Laws
As agriculture is on the “State List” under the Constitution, different states can impose different laws relating to cow slaughter. Most states in India do not have a complete ban on the slaughter of cattle. Many states however have a lot of restrictions on which kinds of cattle can be slaughtered. Listed in the Box are the laws relating to restrictions on cow slaughter in various states.
Enforcement of Animal Welfare Laws – Overloading Transportation and Slaughter
| Box 8.1: Laws Relating to Restrictions on Cow Slaughter of Various States | |
| Andhra Pradesh Prohibition of Cow Slaughter and Animals Preservation Act, 1977 (Applicable in Telangana State) | Section 5 – Total prohibition of slaughter of cow and buffalo calves or any buffalo that is likely to become economical (breeding or agricultural purposes). |
| Assam Cattle Preservation Act, 1950 | Section 5 – Prohibition of slaughter of cows, calves, bulls, male and female buffaloes which are less than 14 years old, unless they are unfit for work or breeding. |
| Bihar Preservation and Improvement of Animals Act, 1955 | Section 3 – Prohibition of slaughter of cows. Bulls and female buffaloes older than 25 years may be given written permission, if they have become unfit for work or production. |
| The Chhattisgarh Agricultural Cattle Preservation Act, 2004 | Section 4 – Prohibition of slaughter of cows, bulls, calves, male or female buffaloes. |
| The Delhi Agricultural
Cattle Preservation Act, 1994 |
Section 4 – Prohibition of slaughter of cows. |
| The Goa Animal Preservation Act 1995 | Section 4 – Total prohibition of slaughter of cow and buffalo calves or any buffalo that is likely to become economical (breeding or agricultural purposes). |
| The Bombay Animal Preservation Act 1954 (Applied to Gujarat) | Section 5 – Total prohibition of the slaughter of cow, bull or calf. Prohibition on the slaughter of productive buffaloes (male and female). |
| The Jammu and Kashmir Ranbir Penal Code Samvat, 1989 | Section 298 A – Total prohibition of the slaughter of cow, calf, bull. |
| The Karnataka Prevention of Cow Slaughter and Cattle | Section 4 – Prohibition of slaughter of cow, calf or she buffalo (Section 5 provides for |
|
Common offences against overloading of draught animals and corresponding legal provisions are summarised in Box .
| Common Offences against Draught Animals and Legal Provisions | |
| Section 11 (1) (a) of
PCA Act, 1960 |
Beating, kicking, over-riding, over-loading, or torturing any animal. |
|
Prevention of Cruelty to Draught and Pack Animals Rules, 1965 |
Rule 3: Lists the maximum load an animal can be made to carry on a vehicle/cart. (see Table 8.2) |
| Rule 4: Lists the maximum weight animals can carry on their back (pack) (see Table 8.1) | |
| Rule 6: Using animal for dragging any vehicle or carrying any load for more than nine hours in a day.
Using any animal for more than five hours without a break or rest. Using any animal in any area where the temperature exceeds 37°C (99°F) during the period between 12.00 noon and 3.00 p.m. |
|
|
| Animal | Load (Weight in kg) |
| Small Bullock/Buffalo | 100 |
| Medium Bullock/Buffalo | 150 |
| Large Bullock/Buffalo | 175 |
| Pony | 70 |
| Mule | 200 |
| Donkey | 50 |
| Camel | 250 |
| Animal | Load Limit for vehicles fitted with ball bearing (kg) | Load Limit for vehicles without pneumatic
tyres (kg) |
Load Limit for vehicles fitted with pneumatic tyres (kg) |
| Small Bullock/ Buffalo (>250 kg) | 1000 | 750 | 500 |
| Medium Bullock / Buffalo (250-350 kg) | 1400 | 900 | 1050 |
| Large Bullock/ Buffalo (350 kg <) | 1800 | 900 | 1350 |
| Horse or Mule | – | 500 | 750 |
| Pony | – | 400 | 600 |
| Camel | 1000 | 1000 | 1000 |
Load Limit for Carrying Other Weight
Four Wheeled Vehicles (Cart): For a four-wheeled cart/vehicle, the weight allowance is 1.25 times the load listed in Table 8.2. If it has pneumatic tyres, it is 1.5 times the load listed above. If two animals are carrying the vehicle, then regardless of the number of wheels the acceptable load limit is 2 times that which is listed above and in the case of pneumatic tyres 2.5 times the load listed above.
Based on Route: Rule 3(4), Prevention of Cruelty to Draught and Pack Animals Rules, 1965 states that if a vehicle is to be drawn on a route that involves an ascent for 1km or more and the gradient over a distance of 30m is more than 3 meters, the maximum weight specified in all the load Tables mentioned in the section should be halved.
Based on Passengers: Rule 5, Prevention of Cruelty to Draught and Pack Animals Rules, 1965 states that no more than four persons, excluding the driver and children below 6 years of age, can ride on a vehicle drawn by an animal.
Procedure for Reporting
- Any police officer above the rank of a constable shall ask the owner or other person in charge of the animal to take the animal and the vehicle to the nearest weigh bridge available to determine the weight of the load and the cart if they suspect a violation under these rules.
- If weight is excessive, the animal must be seized and an NCR report must be drawn up.
- The custody of the animal must be given to SPCA or any registered animal shelter.
OFFENCES IN TRANSPORT OF ANIMALS
|
Transport of Animals in General
| Important Rules on the Transport of Animals | |
|
Transport of Animals Amendment Rules, 2001 |
Rule 96: Issue of certificate before transportation: A valid certificate issued by an officer or any person or AWO duly recognised and authorised for this purpose by the AWBI or the Central Government shall be procured by any person making transport of any animal before transportation of such animal verifying that all the relevant Central and State Acts, rules and orders pertaining to the said animals including the rules relating to transport of such animals have been duly complied with and that the animal is not being transported for any purpose contrary to the provision of any law. In the absence of such certificate, the carrier shall refuse to accept the consignment for transport. |
| Rule 97: Cancellation of permit or authorisation for transport: In the event of contravention or non-compliance of any of the rules contained in the rule for transport of animals, if it is pointed out in writing by any officer or person or AWO authorised for this purpose by the AWBI or the Central Government, then, any permit or authorisation issued for such transport shall be immediately cancelled by the concerned authority and it shall be the duty of the police to stop the further transport even from the intermediary station and proceed against the said offenders and deal with the animal in accordance with law. | |
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Transport of Animals for Slaughter
In addition to the afore mentioned rules, the FSSAI has included an animal welfare section in the FSS (Licensing and Registration of Food Businesses) Regulations, 2011 (FSSR, 2011) under Part IV, that inter alia lists conditions for the transport of animals for slaughter .
Conditions for the Transport of Animals for Slaughter
Only healthy animals in good condition should be transported unless they are meant for emergency slaughter. The animals must be certified for their fitness to undertake the journey and freedom from infectious diseases and eco parasites.
If they have been transported from an area of endemic disease to one without, they must be vaccinated and quarantined for 30 days prior to the journey.
Animals in advanced stages of pregnancy cannot be transported.
Provisions must be made to prevent the animals from infighting (if they are large) and from being crushed (if they are small).
The animals must have enough space to stand or lie and they should not be bound or chained.
An attendant along with first aid equipment shall accompany the animals in transit.
Animals from different pens/sheds should not be mixed. Male stock should not be transported with female stock.
Watering must be done at regular intervals. If it is more than 12 hours, sufficient feed must be carried.
The vehicles have to be examined prior to loading the animals.
A layer of clean sand to cover the floor to a thickness of not less than 6 cm should be provided. This layer of sand should be moistened with water during the summer months. During hot months arrangements should be made to sprinkle water on the animals at frequent intervals. In winter, a 2 cm layer of clean sand with another 6 cm layer of whole straw should be provided
The truck should not exceed a speed of 40 km per hour.
No overcrowding. Each animal shall have enough space to lie down.
Note:The laws relating to the transport of animals is extensive. There are prescribed limits on the number of animals, the space requirements, age restrictions, and corresponding requirements etc. under the Transport of Animals Rules, 1978. In addition to the laws mentioned in the tables above, the Prevention of Cruelty to Animals Act, 1960; Indian Penal Code, 1860; and the Motor Vehicles Act, 1988 may apply.
OFFENCES IN TRANSPORT OF ANIMALS
|
| Important Rules on the Transport of Animals | |
|
Transport of Animals Amendment Rules, 2001 |
Rule 96: Issue of certificate before transportation: A valid certificate issued by an officer or any person or AWO duly recognised and authorised for this purpose by the AWBI or the Central Government shall be procured by any person making transport of any animal before transportation of such animal verifying that all the relevant Central and State Acts, rules and orders pertaining to the said animals including the rules relating to transport of such animals have been duly complied with and that the animal is not being transported for any purpose contrary to the provision of any law. In the absence of such certificate, the carrier shall refuse to accept the consignment for transport. |
| Rule 97: Cancellation of permit or authorisation for transport: In the event of contravention or non-compliance of any of the rules contained in the rule for transport of animals, if it is pointed out in writing by any officer or person or AWO authorised for this purpose by the AWBI or the Central Government, then, any permit or authorisation issued for such transport shall be immediately cancelled by the concerned authority and it shall be the duty of the police to stop the further transport even from the intermediary station and proceed against the said offenders and deal with the animal in accordance with law. | |
|
Transport of Animals for Slaughter
In addition to the afore mentioned rules, the FSSAI has included an animal welfare section in the FSS (Licensing and Registration of Food Businesses) Regulations, 2011 (FSSR, 2011) under Part IV, that inter alia lists conditions for the transport of animals for slaughter .
Conditions for the Transport of Animals for Slaughter
Only healthy animals in good condition should be transported unless they are meant for emergency slaughter. The animals must be certified for their fitness to undertake the journey and freedom from infectious diseases and eco parasites.
If they have been transported from an area of endemic disease to one without, they must be vaccinated and quarantined for 30 days prior to the journey.
Animals in advanced stages of pregnancy cannot be transported.
Provisions must be made to prevent the animals from infighting (if they are large) and from being crushed (if they are small).
The animals must have enough space to stand or lie and they should not be bound or chained.
An attendant along with first aid equipment shall accompany the animals in transit.
Animals from different pens/sheds should not be mixed. Male stock should not be transported with female stock.
Watering must be done at regular intervals. If it is more than 12 hours, sufficient feed must be carried.
The vehicles have to be examined prior to loading the animals.
A layer of clean sand to cover the floor to a thickness of not less than 6 cm should be provided. This layer of sand should be moistened with water during the summer months. During hot months arrangements should be made to sprinkle water on the animals at frequent intervals. In winter, a 2 cm layer of clean sand with another 6 cm layer of whole straw should be provided
The truck should not exceed a speed of 40 km per hour.
No overcrowding. Each animal shall have enough space to lie down.
Note:The laws relating to the transport of animals is extensive. There are prescribed limits on the number of animals, the space requirements, age restrictions, and corresponding requirements etc. under the Transport of Animals Rules, 1978. In addition to the laws mentioned in the tables above, the Prevention of Cruelty to Animals Act, 1960; Indian Penal Code, 1860; and the Motor Vehicles Act, 1988 may apply.
MEAT SHOPS AND SLAUGHTERHOUSE OFFENCES
The only animals that can be slaughtered for consumption within the territory of India are Ovines (sheep), Caprines (goats), Suillines (pigs), Bovines (cattle), Poultry and Fish (FSSAI Notification, Dated 6.08.14). Rabbits have recently been added to the list of animals that are permissible for consumption and slaughter (FSSAI Notification, Dated 12.08.17).
Slaughter houses and meat shops are provided separate licences under the FSSR, 2011 rules. A slaughterhouse requires specific infrastructure and upon compliance duly licensed. The license of the slaughterhouse will provide for its capacity and the slaughter house may only slaughter those numbers of animals as specified. In addition to the FSSR, 2011, the PCA (Slaughter House) Rules, 2001 applies to all animals that are used for consumption .
Some Important Provisions of Laws that Relate to Slaughter and Sale of Meat
Food Safety and Standards Act, 2006
- Sale of meat or slaughter of animals without FSSAI license – Imprisonment up to 6 months and fine up to 5 lakh
- Misbranded meat (e.g. beef sold as mutton) & Selling meat with flies, dust, and smoke sticking to it, or anything else that is not supposed to be in the meat – Penalty may extend up to 1 lakh rupees
- Meat prepared and sold in unhygienic conditions – Penalty may extend up to 1 lakh rupees.
Slaughterhouse Rules, 2001
- Slaughterhouse is not recognized/ licensed, slaughter of animals under 3 months of age, pregnant/lactating animals or without being verified as fit for consumption by a qualified veterinarian
- The veterinary doctor should issue a fitness certificate and can only examine up to 12 animals in an hour and 96 animals in a day.
- Adequate holding area should be provided in slaughterhouse with water and feeding facilities according to the class of animals to be slaughtered
- All animals deemed fit for slaughter must be transported to a lairage for resting, at least 24 hours prior to slaughter. The space in lairage should not be less than 2.8m2 for a large animal and 1.6m2 for a small animal. The animals should be kept separately depending upon their type and class with protection from heat, cold and rain.
- No animal should be slaughtered in a slaughterhouse in sight of other animal.
- No animal should be administered any chemical, drug or hormone before slaughter except for treatment.
- Every slaughterhouse should provide a separate space for stunning of animals prior to slaughter.
- Ensure necessary infrastructure like rodent and insect control, sanitary and drainage lines, lighting and ventilation, potable water etc.
- People without a valid license or suffering from any communicable or infectious disease cannot be permitted to slaughter an animal.
- All workers must be 18 years or above
FSSR, 2011
- No slaughterhouse is allowed to operate next to food markets like a vegetable market.
- All slaughterhouses must obtain NOC from local authority before a licence can be granted.
- Separate areas must be designated for stunning and the animals cannot be slaughtered in front of one another.
- No person suffering from infectious or contagious diseases should be allowed to work.
- Arrangements should be made to get the staff medically examined regularly to ensure that they are free from infectious, contagious, and other A record signed by a registered medical practitioner must be maintained for inspection.
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It is important to note that some of the provisions of the laws made prior to this have been overridden by the FSSR, 2011. Unless otherwise specified, if there are two conflicting laws, a newer legal source takes precedence over an older one. Earlier, municipal authorities and local bodies were allowed to give licences, however after the FSSR, 2011 only the FSSAI can issue licences. These licences may be issued, only after they have obtained NOC from the appropriate municipal bodies mentioned under FSSR, 2011. Thus, only a licence by the FSSAI is valid.
Further, there are two separate licences that can be obtained either for slaughter (slaughterhouse), or for sale (meat shop). No shop can both slaughter and sell meat at the same shop. No live animals can be kept at a meat shop. These rules apply to poultry as well.
Procedure for Reporting
- Police officer not below the rank of sub inspector has to establish offence.
- Photograph and video evidence must be taken.
- Live animals to be seized and custody given to SPCA or local AWO, following due procedure.
- FIR to be registered under the sections given in the table above under the PCA Act and under Section 268, 269, 429 of the IPC.
- Other offences such as employing children in a meat shop or a slaughterhouse, disposing waste in household drains, causing religious sentiments to be offended, etc. may be noted and action taken.
- Meat to be destroyed by the Designated Officer,FSSA
- Challan to be made by the Designated Officer,FSSA
Reference-
Law commission of India (2017). Transportation and house-keeping of egg-laying hens (layers) and broiler chickens. Report No. 296, Government of India.
- Food Safety and Standards (Licensing and Registration of Food Businesses) Regulations,
- Prevention of Cruelty to Draught and Pack Animals Rules,
- Prevention of Cruelty to Animals (Slaughter House) Rules, 2001.
- Transport of Animals on Foot Rules,
- Transport of Animals Rules,
Notifications
- FSSAI Notification, Dated 08.2014
- FSSAI Notification, Dated 08.2017
Web Resources
Guide to Animal Welfare Laws (Target group – Law enforcement agencies) http:/
/bwcindia.org/Web/Info&Action/Legislation/GuidetoAnimalWelfareLaws.pdf
Source-Further information on the Indira Gandhi National Open University ANIMAL WELFARE courses may be obtained from the University’s Office at
Maidan Garhi, New Delhi-110 068 or visit our website: http://www.ignou.ac.in
