Procedure or Ways  to File a Complaint for Animal Cruelty in India: How  & Where to Report Animal Cruelty

Cruelty is cruel or harsh behaviour towards someone. Animal cruelty means treating animals with brutality. It involves inflicting harm upon animals or killing them. Cruelty can be induced in various forms like kicking, burning, stabbing, beating, and shooting. In some religions, it is considered good fortune to sacrifice an animal to God as a peace offering and then start their work. This offering of animals is subjected to animal cruelty as we humans have no right to decide who lives and who dies and killing an innocent living organism is inappropriate.

All the rights we have as humans make us strong and help us live a more comfortable and convenient life. But we are not alone on this planet. We coexist with other animals, nature, and our atmosphere. As we have laws for the safety of humans we have laws for the protection of animals too.

Furthermore, there are effective animal welfare organizations in India. They support animal laws and stand up for their justice. The Prevention of Cruelty to Animals Act, 1960 is a Central Legislation about animal protection laws in India. The main object of the Act is to prevent the infliction of unnecessary pain or suffering on animals.

Animal Protection Under the Indian Constitution

The welfare and protection of animals are a fundamental duty of the citizens of India. There are certain animal protection rights which are as follows:

• Under the Constitution of India, Article 51A(g) protects animal rights. It states that it is a fundamental duty of every citizen of India to respect, protect wildlife, and treat all the living species with compassion.
• As per Article 48 of the Constitution of India, the State must organize agriculture and animal husbandry on scientific lines. The State can take steps for preservation and improving breeds. It can prohibit the slaughter of calves and cows and other draught cattle.
• Article 48A provides that the State also must protect, safeguard, and improve the forests and wildlife of the country.

Under the State List, Seventh Schedule provides that the State has the power and authority to:

• Preserve, protect, and improve stock and prevent animal diseases, and to enforce veterinary training and practice.

The Concurrent List provides that both the Centre and the State have the power and authority to:

• Prevent cruelty towards animals.
• Protect wild animals and birds.

Under the Eleventh Schedule (Article 243 G), the Panchayati Raj institutions possess duty and authority to deal with matters relating to:

• Animal husbandry, dairying, and poultry
• Fisheries

Various Laws for Protection of Animals

We need to acquaint ourselves with the existing animal protection laws to take action. The loopholes can be filled-in and the laws can be made to be strictly applied. A list of animal protection laws in India are given as follows:

• The Prevention of Cruelty to Animals Act, 1960 is the Central Legislation about animal protection in India. The object of the Act is to prevent the infliction of unnecessary pain or suffering on animals.
• The Wildlife Protection Act, 1972 is another Central Act. It provides for the protection of wild birds, animals, plants, and other species.

Other laws are found in the following Rules which are as follows:

• The Dog Breeding and the Marketing Rules (2017)
• The Prevention of Cruelty to Animals (Regulation of the Livestock Markets) Rules (2017) 
• The Prevention of Cruelty to the Animals (Regulation of Livestock Markets) Rules (2017) 
• The Prevention of Cruelty to the Animals (Care and Maintenance of Case Property Animals) Rules (2017)
• The Animal Birth Control (Dog) Rules (2001)

Procedure To File a Complaint

In India, various Acts lay down the procedure for filing complaints about animal protection. The following steps will guide you over filing such complaint:

STEP 1: Sending a Legal Notice

You can send a legal notice to the person who has abused the animal. You can do this yourself or with the help of a lawyer. You can report the matter to the animal welfare organizations in India. They would help you to send legal notice. When the animal abuser does not respond to the legal notice, you can file an official complaint.

STEP 2: Registering the Wildlife Case

Different states give different names to an offense report. Preliminary Offence Report, Offence Report, First Information Report, Seizure Intimation are some examples. These are called wildlife offense reports and are used to make the reports more uniform. Under Section 50(4) of the (Wildlife Protection) Act, 1972 the reports are prepared. Animal welfare organizations and any individual can file a report against any abuse of animals in India.

STEP 3: Filing a Complaint in Support of the Rights of Animals

In case one wants to file a ‘complaint’ then one needs to approach a magistrate.  An allegation is made orally or in writing. A forest officer can be approached, who can further file a complaint to the magistrate. Under Section 55 of the WLPA, the following persons can file a complaint to the magistrate:

1. The Director of Wildlife Preservation or any other officer authorized on his behalf, by the Central Government, Members of Central Zoo Authority or Member – Secretary of Tiger Conservation Authority, Director of the concerned Tiger Reserve.
2. The Chief Wildlife Warden
3. Any person who has given another person or group notice of at least sixty days, of his intention to make a complaint.

STEP 4: Arrest by an Individual

Under the Wildlife Protection Act, the offenses are non-bailable and cognizable. Under Section 43 of the CrPC, an individual can arrest an offender who has committed a non-bailable and cognizable offense. Also, when someone who is a habitual offender and hands him/her over to the police.

Getting Authorities To Take Action

At times citizens are passionate about reporting an incident or about animal welfare in general. They might want to take action, but the concerned authorities may not cooperate with them. It is demotivating and leads people to think that reporting issues related to wildlife or animal welfare as useless. To ensure that authorities take action, you must make sure to do the following:

• You can befriend lawyers and journalists. Sometimes both of them are in exchange for money and sometimes pro bono. It will help you get your case through.
• Meet people in NGOs for animal welfare organizations in India. You can help the aggrieved animal or reprimand an abuser with the help of established animal welfare organizations in India. Animal welfare organizations in India have fought and won many cases in courts. They are a powerful force altogether.
• Try to call or write to higher authorities in case the authorities are not taking action immediately. You can write to politicians, media and so on.
• You can gather people and organize a peaceful protest or demonstration to put forward your claim.
• You can file a grievance on the website of the Animal Welfare Board of India.

Where can you report animal cruelty

• The Prevention of Cruelty Animals Act, 1960 prohibits animal cruelty. The act of animal cruelty can be reported to a police officer. One can call 911 if they witness any kind of animal cruelty or feel that it is likely to happen in any place.
• In India, to report cruelty on animals one needs to call on (0) 98201 22602. One can call the police or on the number of the police station of the respected area where the cruelty is conducted.
• In case one is unable to reach out to any law authority, one can contact the animal service agencies or human societies that help out animals.
• There are even online sites like ‘The Pet Nest’ where one can report an animal cruelty incident.
• PETA India provides different forms for a person to report different kinds of animal cruelty. For instance, if you were to report animal cruelty in a  laboratory, there is a different form and for reporting animal cruelty in a film or any television show there is a different form.
• Organisations like ‘The Humane Society’ come forward and ask people to report animal cruelty, either on their page or with the police.
• Alongside reporting animal cruelty, one shall also follow certain other steps like calling for veterinary care, standing up against the person who is in for animal cruelty, and immediately file an FIR.
• One can report animal abuse through the site of RSPCA– Royal Society for the Prevention of Cruelty to Animals, which has been an animal care organisation since 1824.
• Different states have different ways of reporting. For instance, in  New York, one shall call 311to report animal cruelty. In other countries, people can call 911 and also investigate who is responsible for animal cruelty and then file a complaint against him/her.
• Each country has its own codes and numbers for reporting both ongoing animal abuse and already held animal cruelty. One shall be aware of the codes of the respective country/state they live in.

How can you report animal cruelty 

One can record the incident while making a complaint against it so that it helps the prosecutor further in getting the abuser punished. The report filed for animal cruelty should be as detailed as possible which means it should include the dates and circumstances that happened. A witness or evidence to the said act is a great benefit in proving the offence of the accused. It is not compulsory that the person himself comes forward for making the complaint. He/she can hide his identity and make an anonymous complaint as well.

For making a complaint one can notify the animal control or contact a police officer immediately when one comes in contact with any incident of animal cruelty. It is advised that if you are confused regarding whether the act constitutes animal cruelty or not, you should still notify animal control so that they can look into the matter and make sure that no animal cruelty takes place.

While entering the premises where animal cruelty is taking place, one should be careful and well aware of his surroundings so that they themselves don’t put in any kind of danger because it is a very likely case that either the wrongdoer or the animal might react in a way which proves dangerous or deadly for the witness.

One shall avoid entering another person’s property without his permission or invitation and exercise great caution around unfamiliar animals who may be frightened or in pain. Providing law enforcement with the names and contact numbers of the first-hand witnesses of the scene is also a great help to the authorities.

A complete record shall also be maintained by the person filing the complaint himself or the person he contacted and who is in charge of the complaint so that in case of any nonfeasance or malfeasance by the official, the person can report to higher authorities. If one does not know the procedures or methods, they can contact the animal welfare association of their area or native place because they are a big help in fighting the case of animal cruelty.

Who can report animal cruelty 

• Anyone and everyone can report animal abuse.
• Anyone who witnesses animal cruelty can file a case against it.
• In case one did not witness the incident of animal cruelty himself but got to know from a friend or a neighbour, he/she can still report for animal cruelty provided they have the details of its whereabouts.
• They can even make the eye-witness come forward for him to speak against the ill-treatment faced by any animal, be it a dog or a bird or even a wild animal.
• No one should tolerate even the slightest of cruelty or harm being caused to any living organisms around them. There are provisions for reporting animal cruelty both via phone or online which one should be aware of.
• One can even report animal cruelty seen on TV or in movies or in any online series.
• A report can even be made against the owner of the pet if the other person feels that it inflicts any kind of cruelty upon the pet by the owner.
• Animal cruelty has become a common thing in the world even though the laws, treaties, and conventions are made for their protection.
• India is the seventh largest country in the world in its cultural, artistic, historical, and geographical diversity, containing four of the world’s 36 biodiversity hotspots, the Himalayas, the Western Ghats, the Indo-Burma region and the Sunderland, etc. It is home to various animals, ranging from the Bengal Tigers to the Great Indian Rhinoceros, and animal protection and welfare in the country have taken a prominent position over recent years.
• India is a country where animals are kept as domestic animals and worshipped by people in India.
• Despite the fact that there are numerous laws, conventions, treaties, court declarations, government efforts, and projects in place, we have failed to protect the animals.
• Animal cruelty occurs every day yet is not reported despite all the laws and efforts made in this country.

Laws Relating to Protection of Animal Rights in India

 Human beings often forget that the pain and feelings that the animals have are the same feelings that humans face when they are subjected to the same level of cruelty, abuse and torture. In India, animals are treated as a commodity. Every day, countless dogs, monkeys and other animals are burned, buried, cut open, poisoned, starved and drugged all over the country for economic reasons, convenience and other old habits. It is high time we ask ourselves- Do we have any right to imprison and harm other sentient beings?

What are the Laws that Protect the Animals?

The Constitution of India

The Directive Principles of State Policy- Part IV- Article 48 and 48A– The state shall take steps for preserving and improving the breeds and prohibition of slaughter of animals and to protect and improve the environment and wildlife of the country.

Fundamental Duties- Part IVA- Article 51A(g)– It is the fundamental duty of every citizen of India to improve the natural environment which includes wildlife and have compassion towards all living creatures.

The Indian Penal Code 1860

Section 428– Mischief by killing, poisoning, maiming or rendering any animal or animals of the value of ten rupees or higher shall be punished with imprisonment up to two years, or with fine, or with both.

Section 429– Mischief by killing, poisoning, maiming or rendering any animal or animals of the value of fifty rupees or higher shall be punished with imprisonment up to five years, or with fine, or with both.

Prevention of Cruelty to Animals Act 1960

The main objective of this Act is to prevent any form of infliction of suffering or torture on the animals and to make necessary changes in the laws related to the protection of animals in the country.

The Wild Life (Protection) Act,1972

A comprehensive piece of legislation regulating sanctuaries, zoos aimed at protecting the animals and their natural habitats. The Act focuses on curbing the illegal trade in wildlife and other derivative parts.

Prevention of Cruelty to Animals Act 1960

The following have been laid down as forms of cruelty under Section 11 of the Act:

1. Beating, kicking, over-riding, over-loading, torturing or treating any animal to inflict unnecessary pain or suffering.
2. Employing an animal who is injured or unfit for the work.
3. Administering any injurious drug or substance to any animal.
4. Carrying of any animal, in vehicles, in such a manner or position that causes unnecessary pain or suffering.
5. Keeping an animal confined in a cage where it does not have sufficient place to move around.
6. Keeping an animal chained for an unreasonable period of time.
7. Being the owner, keeping the animal in confinement with no opportunity of exercise.
8. Being the owner, failing to provide the animal with sufficient food, drink or shelter.
9. Without any reasonable cause, abandoning any animal in any circumstance is likely to inflict pain due to starvation and thirst.
10. Wilfully permitting the owned animal to go to the streets or abandoning it to die of diseases, old age or disability.
11. Offering for sale an animal that is suffering pain by reason of mutilation, starvation, thirst, overcrowding or other ill-treatment.
12. Mutilating or killing any animal, including stray animals) by using the method of strychnine injections in the heart, or in any other unnecessarily cruel method.
13. Confining any animal to make it prey for other animals or inciting an animal to fight, solely for the purpose of entertainment.
14. Organising, keeping and using any place for animal fighting or for the purpose of baiting any animal or offering such a place so as to receive money.
15. Promoting or taking part in any shooting match or competition where animals are released from captivity for the purpose of being shot down.

Other Laws Protecting Animals in India

• The Prevention of Cruelty to Animals (Slaughter House) Rules, 2001, prohibits slaughtering of animals in the country except in recognised or licensed houses-

1. No person has the right to slaughter any animal in a municipal area other than in a slaughterhouse that is recognised or licensed by the authority in power under the law.
2. No animal shall be slaughtered that

• Is Pregnant
• Has an offspring of fewer than three months olds.
• Is under the age of three months.
• Is not certified by a veterinary doctor as fit to be slaughtered.

1. The municipal or other local authority specified by the Central Government shall determine the maximum limit of animals that can be slaughtered in a day based on the local population of the area in which the slaughterhouse is situated.

• Under The Drugs and Cosmetics Rules 1945, Rule 148-C prohibits the testing of cosmetics on any animals- No person has the right to use animals for the testing of cosmetics.
• Under Section 38J of Wild Life (Protection) Act, 1972, teasing, feeding or disturbing the animals in a zoo or littering the premises is a punishable offence with imprisonment of up to three years or with a fine of Rs 25000 or with both.
• The Wild Life (Protection) Act 1972 prohibits hunting of any animals specified in Schedules I, II, III and IV. Killing of animals under Schedule I will bring upon imprisonment for a term of 7 years and a fine of Rs 25000.

What Is Animal Cruelty?

• Animal cruelty is also called animal abuse or animal neglect. It is basically described as depriving animals of basic facilities like food, water, shelter, and veterinary care. Torturing or killing animals also refers to animal cruelty.
• It also means inflicting physical pain and suffering, leading to the animal’s death.

Animal cruelty is basically of two types: –

1. Physical abuse:In physical abuse it involves causing physical trauma to the animal i.e., soaring a horse to make it perform better for competition.
2. Neglect: Animal neglect is basically a failure to provide the Basic necessities to the animal like food, shelter, and veterinary care unintentionally or due to financial reasons or other it is animal cruelty.

How To Register An Offence Related To Animal Cruelty In India?

• As mentioned in the constitution, it is the duty of every citizen to safeguard the animal anyone who violates it will be punished according to the procedure established by law.
• Anyone who witnessed cruelty to the animals must report it to the local police station or SPCA (society for the prevention of cruelty to animals) and seek their help in enforcing the law for punishing the offender. If the police are unresponsive, then a complainant can reach a nearby NGO like PETA (People for the Ethical Treatment of Animals), and they will assist to take a stand against animal cruelty.
• Upon witnessing cruelty, one can take the following steps to file an official complaint against the violation of animal rights.

1. Legal notice: If a person wants to file a complaint against the animal abuser they must have to file an official notice through a lawyer or an NGO. If there is no response from the accused for the legal notice, then an official complaint can be filed.
2. Complaint:An official complaint can be filed by approaching a magistrate or a forest officer who will further make the complaint to the magistrate. But the magistrate can be approached to file a complaint only by the director of wildlife preservation officer or any other authorized officer, the chief wildlife warden, or any person who has given a legal notice for at least sixty days.

• WLOR: According to Section 50(4) of the Wildlife Protection Act, 1972, a Wildlife Offence Report (WLOR) can be filed. A WLOR is nothing but the first report submitted in the jurisdictional Court in wildlife crime cases. In wildlife cases, an investigation will start only after seizing the material or appropriating the evidence, and subsequently, it will lead to registering a wildlife offence.
• Animal cruelty complaints can be directly reported to:

1. Local police station.
2. SPCA (Society for the Prevention of Cruelty to Animals).

• Senior Government officials at the State or District Animal Welfare Board.

1. Area MLA.

• The person who witnessed the cruelty against the animals can file FIR against the culprit under section 428 and 429 of the IPC both are regarded as cognizable and bailable offences and make the video or photograph during the act for the evidence purpose and submit it at the time of the complaint.

Punishment For Animal Cruelty In India

• The punishment for animal cruelty under PCA ACT 1960, is any person causing harm or injury to the animals, if convicted can get away by paying 50 rupees as a penalty according to the old law.
• The government prepared a draft to amend the 60-year-old Prevention of Cruelty to Animals Act, 1960 by proposing a penalty of up to 75,000 or three times the cost of the animal with a jail term of up to 5 years or both if an act of an individual or an organization leads to an animal’s death.
• The draft has proposed offences in three categories – minor injury, major injury leading to permanent disability, and death to an animal due to cruel practice – and prescribed different penalties ranging from Rs 750 to Rs 75,000 and jail terms up to five years for different crimes.

The Laws Were Made To Prevent Animal Cruelty In India

• There are millions of cases are reported around the world due to animal cruelty because of meat consumption, testing on animals in laboratories and medical experiments etc.
• Protection of animals against animal cruelty is a fundamental right as mentioned in the constitution this multiple laws and legislations made for the protection of animal cruelty in India are as follows,

1. Prevention of Cruelty to Animals Act 1960
2. The Wildlife Protection Act 1972

• Sections 428 and 429 of the Indian penal code provide for the punishment of all acts of cruelty towards animals.

1. Prevention of Cruelty to Animal Act, 1960:-

• The prevention of cruelty to Animals Act, of 1960 is one of the important acts established to end animal cruelty in India. The main objective of the act was to prevent the infliction of unnecessary harm or physical pain, and medical experiments on animals. The act elaborates on different kinds of cruel treatment towards animals and prescribes the punishments for the same. This Act was established by the Animal Welfare Board of India in 1960.
• The main functions or objectives of the act are as follows;

1. The act provides punishment for persons and causes unnecessary cruelty and suffering to the animals.
2. Defines animals and their different kinds under this Act.

• Provisions relating to the establishment of an animal welfare board and its constitution, powers, and functions.

1. Providing guidelines for the experimentation on animals for scientific purposes.
2. Discuss different forms of cruelty, exceptions, and the killing of a suffering animal from cruelty to save it from further cruelty.
3. Provisions relating to exhibition and offences against the performing animals from further cruelty.

• This Act provides for a limitation period of 3 months beyond which no prosecution shall lie for any offences under this Act.
• The Act also restricts the exhibition, performance, and training of the animals.

1. Encouraging and supporting the construction of rescue homes, animal shelters, etc.

• There are various forms of animal cruelty that are covered in the PCA Act 1960. It has 16 sub-sections that talk about the forms of animal cruelty. The Act also explains the punishment for animal cruelty that is to be given for each of these forms of cruelty to the animals.
• The government proposed to change the old law i.e., a change in penalties from 10 – 50 rupees range to 750 to 75000 and jail for up to five years.

2. The Wildlife Protection Act 1972:-

• Wild Life, a part and parcel of the environment, constitutes the nation’s wealth. it included wild animals, birds, plants, etc.
• But due to development and progress, for selfish needs of man-caused much damage to the flora and fauna. So, to protect the endangered flora and fauna the govt introduced this Act.
• The Wildlife Protection Act came into force on 9th September 1972. The Act was passed to protect the wild animals who were being tortured, poached, and hunted down at an alarmingly increasing rate.
• The Wildlife Protection Act of 1972 consists of 60 sections with VI schedules which were further divided into 8 chapters.
• According to section 2, the term “wildlife” is defined ‘as any animal aquatic or land vegetation which forms part of any habitat’.
• The main objective of the Act is to protect India’s wildlife and to protect the remaining population of endangered species by banning hunting, giving legal protection to their habitats, and finally, restricting wildlife trade.

3. Sec 428 And 429 Of The Indian Penal Code:-

• With respect to sections 428 and 429 of the IPC, it states that it is illegal to harm or injure any animal through cruel acts such as poaching, injuring strays, throwing toxic substances on animals, etc. The injury can also be in the form of running over animals with vehicles or injuring them with cars or bikes is punishable.
• Any person who disobeys Sections 428 and 429 of the IPC will be made to pay a penalty of a minimum of Rs.2000 or above. Some culprits can also be imprisoned for 5 years or above based on the severity of the injury caused.
• Sec 428 of IPC: Whoever commits mischief by killing, poisoning, maiming, or rendering useless any animal of the value of ten rupees or upwards shall be punishable with imprisonment of a maximum of two years with a fine, or with both.
• Section 429 of IPC:  Whoever commits mischief by killing, poisoning, maiming, or rendering useless any animal of the value of fifty rupees or upwards shall be punishable with imprisonment of a term which may extend up to five years, or with fine, or both.

Judicial Reference And Animal Rights Case Laws

1. Tilak Bahadur Rai v. State of Arunachal Pradesh (1979)

• The accused in this case shot and killed a tiger. The court held that while deciding whether the accused acted in good faith or not when he killed a wild animal, it is imperative to understand the nature and dangers that lurked around the accused and under what circumstances the accused killed the animal.
• After due consideration, the Court stated that the accused shot the tiger that charged at him in good faith and to protect himself.

2. Animal Welfare of India v. A Nagaraja and Ors. (2014)

• The traditional sport of Jallikattu, which is practiced in the State of Tamil Nadu (involved a series of fights between bulls) as a part of a ritual during the Pongal festival every year was brought under the scanner of the Madras High Court, and the constitutionality of the traditional sport was challenged. Under this sport, these robust bulls were released into the crowd of participants who tried to hold onto the fierce bulls. Whoever could fight the bulls and reach the finish line was awarded prizes sponsored by the various sponsors of the festival.
• In 2014, the Supreme Court held that the state law passed by the State of Tamil Nadu was unconstitutional and unreasonable. It instructed the Union Government to amend the provisions of the Prevention of Cruelty Act (PCA), 1960, and laid down guidelines stating that “bulls” shall be included under the ambit of the Act. Going against the Supreme Court’s ruling, the Ministry of Environment and Forests further went on to issue a notification in 2016, again providing a green signal to the organizers of the Jallikattu event to practice the ancient sport. However, the Animal Welfare Board and PETA India decided to take cognizance of the said issue.
• On 14th January 2016, they filed several pleas in the Apex Court, The Jallikattu event is now organized extravagantly, and the organizers are exorbitantly spending big sums, despite the ban imposed by the Supreme Court of India.

3. Nair, N. R., and Ors. Vs. Union of India and Ors. :

• Here, the Supreme court held that bears, monkeys, tigers, panthers, and lions should not be exhibited or trained as performing animals though this violates the right to carry out any trade or business which is guaranteed under Article 19(g).
• Re: Bruno: In this case, recently, in July 2021, the Supreme Court renamed a suo moto case on the prevention of cruelty to animals as “In Re Bruno”. The judges felt that it was an apt tribute to the poor dog that died at the hands of human cruelty.

Top 13 Facts About Punishment For Animal Cruelty

1. Animal cruelty is also called animal abuse or neglect. It is basically described as depriving animals of basic facilities like food, water, shelter, and veterinary care. Torturing or killing animals also refers to this.
2. Anyone who witnessed the animal cruelty can file a complaint or give legal notice and report to WLOR report ( under the wildlife protection Act ).
3. According to IPC under sections 428 and 429, it is illegal to harm or injure any animal through cruel acts and made to pay a penalty of a minimum of 2000 or above and imprisoned for 5 years or more based on the severity of the injury caused leads to an animal’s death.
4. To protect animal rights PETA was established in the year 2000 and based in Mumbai. It basically deals with animal issues in laboratories, the food industry, the leather trade, and entertainment.
5. The laws made in India for the protection of animal rights are;
6. Prevention of Cruelty to Animals Act 1960
7. The Wildlife Protection Act 1972
8. Sections 428 and 429 of the Indian penal code provide for the punishment of all acts of cruelty towards animals.
9. The government proposed to Amend the 60 years old law under PCA ACT 1960 and proposed a penalty of  750 to 75000 or jail up to 5 years or both if an act of an individual or an organization leads to an animal’s death.
10. The constitution of India also imposed a duty on the state as in DPSP ( Directive principles of State policy) under Article 48A i.e the protection of animals.

” The State shall endeavor to protect and improve the environment and to safeguard the forests and wildlife of the country”.

8. According to Article 51-A (g) of the Fundamental duties of the Indian constitution imposes a duty on every citizen to protect and improve the natural environment including forests, lakes, rivers, and wildlife, and to have compassion for living creatures.
9. The first Indian society was founded for the Prevention of cruelty to animals by Colesworthey Grant i.e the first Indian Society for the Prevention of Cruelty to Animals (SPCA) in 1861 in Calcutta.
10. AWBI was established in 1962 under Section 4 of the Prevention of Cruelty to Animals Act, of 1960. The main function of the board is to prevent cruelty, suffering, and pain to all creatures.
11. According to statistics between 2010 – 2020, a total number of 4,93,910 animals suffered due to animal cruelty.
12. The highest number of animal cruelty cases was recorded in Tamilnadu (52) followed by Maharashtra (43), Kerala (15), Karnataka (14), Telangana (13), and Rajasthan (12). A total of 199 out of the 316 cases relating to cruelty to animals were pending for more than five years.
13. In many states in India it is mandatory to get a pet license. However, there is no legislation for a pet tax.

Some Of The Important Cases Are

• Rajendra Kumar v. Union of India (1998)
• Ivory Traders and Manufacturers Association v. Union of India, (1997)
• Naveen Raheja v. Union of India (2001)
• Tarun Bharat Sangh, Alwar v. Union of India (1992)
• State of Bihar v. Murad Ali Baig (1989)
• People for Ethical Treatment of Animals v. Union of India (2004)
• Ozair Hussain vs. Union of India, (2001)

What Is PETA?

• In India, PETA stands for animal rights organization. It stands for People for the Ethical Treatment of Animals.
• PETA India was founded in 2000 and is based in Mumbai. It focuses on animal issues in laboratories, the food industry, the leather trade, and entertainment.
• It is an American animal rights non-profit organization based in Norfolk, Virginia, led by Ingrid Newkirk, its international president.
• PETA and NGO Animal Rahat, authorized by the Animal Welfare Board of India, participated in a nine-month investigation of 16 circuses in India.
• After the investigation, it revealed that “animals used in circuses were subjected to chronic confinement, physical abuse, and psychological torment”. Then in the year, 2013 AWBI banned the registration of elephants for performance and banned them from performing in circuses.
• In 2018, the Centre notified the draft Performing Animals (Registration) (Amendment) Rules, 2018 proposing to prohibit the performance and exhibition of all animals in circuses.

Did You Know?

• In many states across India, it is mandatory to get a pet license. However, no legislation on pet tax exists. For example, the Punjab government announced a pet tax; of Rs. 250 for dogs & pigs and Rs. 500 for cows.

Ban On Animal Testing Of Cosmetics

• India proposed a nationwide ban on the animal testing of cosmetics in the year 2014. It was to stop the testing of cosmetics by companies on animals. The chemicals present in them are harming the animals and sometimes lead to death also. Thus, the government introduced this ban and made it illegal to use chemicals on their skin or feed them lethal doses. This also included a ban on using stray animals for their medical experiments which could lead to death. To report these acts the nation also launched the helpline.
• There are multiple legislations and Acts being put in place by lawmakers to end animal cruelty in India.
• India became the first South Asian country to ban the use of animals for experiments in cosmetic products on.

Conclusion

• Although there are several developments in legislation and the making of new laws in India on animal protection, it is not effective. The punishments for the culprits who commit animal cruelty offences are not very severe which helps them get away with it easily.
• Different countries have adopted different laws for the protection of animals. Austria, Norway, and Switzerland are some of the countries with the lowest animal cruelty rates. This is only because these countries have very strict laws in place when it comes to safeguarding animals, be it wildlife or strays.
• India needs stronger and better animal protection laws to stop animal cruelty in India. A fine of 20 or 50 rupees is not enough for the government to intend to protect the animals.
• The legislations need desperate improvisation. There should be harsh punishments and strict penalties to reduce animal cruelty in India.
• The imprisonment for some of the offences should be prolonged. It is every citizen’s duty to treat animals with utmost care and affection.
• So, to reduce animal Cruelty the law should be implemented effectively, and it should be the perspective of the people of the country towards the animals and treat them with kindness and love.

Animal cruelty is something that exists around us but is still not reported, the reason being some are not educated about how and where to report and some are even unaware of what all is covered under the scope of animal cruelty. Animal cruelty is an umbrella term that includes almost everything that causes harm or any kind of threat to the life and limb of all the existing animals on this earth. One should have the knowledge that they can either call the police or the animal welfare societies for help against animal cruelty. A complaint can be filed in the police station against the incident resulting in animal cruelty. The animal welfare organisation has been dealing with animal protection work for a long time and have contacts, therefore, they are capable of stopping animal cruelty at earliest which is why contacting them in the absence of any contact with a police officer is really helpful. Reporting animal cruelty should be immediately done by the person either witnessing it or by listening to it from someone else. Our one call can make a lot of difference in an animal’s life. Sometimes one does not willingly engage in animal cruelty. When he/she feels threatened by the animal in front, they do something that ends up hurting the animal.  Instead of taking measures themselves, they should call the municipal corporation of the respective area or any other authority in charge so that animal cruelty is avoided. For reporting animal cruelty, one has broadly 2 options. First, call the helpline number (either of the police or animal control). Secondly, report through online websites for animal welfare. Reporting it is the right thing to do and thus shall be done by everyone.

FAQ ON ANIMAL CRUELTY CASES

How to file RTI application?

A person, who desires to obtain any information under, shall make a request in writing or through electronic means in English or Hindi or in the official language of the area in which the application is being made, accompanying fee of Rs.10/- The RTI application is made to the— (a) the Central Assistant/Public Information Officer or State Public Information Officer, as the case may be, of the concerned public authority; specifying the particulars of the information sought by him or her. Following detail is provide in the RTI application- – Name, address, contact of the Applicant – Detail of the information – Fee of Rs.10 by way of DD, Cheque, postal order, depending on the details of information sought – If BPL, no fee required

What is the legal procedure after police registers the First Information Report?

Once the FIR registered police starts its investigation by recording statement collecting evidence, list of witnesses and once the investigation is completed, charge sheet is filed by the police in the Court within 60 days from the date of FIR.

What are the relevant provisions to register FIR under the Prevention of Cruelty to Animals Act, for the offence against street dogs like killing, beating, torturing etc.?

A complaint against the killing or torturing a dog can be filed under Section 11 (1) (a) of the Prevention of Cruelty to Animals Act, 1960 & under Section 429 of the Indian Penal Code. Section 429 of the IPC makes mischief of killing, maiming, poisoning, rendering useless, any animal with a punishment of which may extend to 5 years or with fine or both.

 

Can action be taken against police for not registering the First Information Report under Prevention of Cruelty to Animals Act and India Penal Code?

Station House Office is duty-bound to register an FIR in a cognizable offence though this practice is not followed. However, the police is at liberty to get their preliminary investigation done prior to registration of an FIR in few cases. If the police refuse to register FIR, the aggrieved person first inform SP/DCP about the complaint and request him to take cognizance, if SP/DCP do not take any action, aggrieved partly candirectly approach the district court and make an application u/s 156(3) of Code of Criminal Procedure for a direction to the police authorities to take cognizance of the case.

 

Can the Resident welfare Societies ask for the removal or relocation of street dogs or can they levy fine on the owner of a pet dog?

The Resident Welfare Societies cannot ask for the removal or relocation of the street dogs, and can only request for their sterilisation and vaccination, so that their population growth is curbed, as per the Prevention of Cruelty to Animals (Animal Birth Control) Rules 2001, Societies can also distribute awareness literature to promote compassion towards animals and to sensitize people and promote harmonious coexistence of man and animals. The Animal Welfare Board of India has also notified an advisory dated 26th February 2015 with guidelines with respect to pet & street dogs, and their care givers and for Resident Welfare Associations and Apartment Owner Associations.For the pet owners it is advised to ensure that their pets are not a source of nuisance. In doing so distinguish should be made between reasonable, unreasonable and lawful and unlawful claims and no amount of pressure should lead to abandonment of a pet animals which is a violation of law. The advisory clearly states that no fine can be levied on the pet owners for the use of property of the societies by pets such as lifts.

NB- The AWBI has its own number i.e. 09650609880 and email id animalwelfareboard@gmail.com to report the case of cruelty to animals / distressed animals or any other issues pertaining to welfare of the animals for immediate necessary help.

Compiled  & Shared by- Team, LITD (Livestock Institute of Training & Development)

Image-Courtesy-Google

Reference-On Request.