News Highlights:
- Recently, the Central Government laid down the procedures for dehorning cattle and castration, branding or nose-roping of any animal.
- The procedure was laid down after 63 years after the implementation of The Prevention of Cruelty to Animals Act in 1960.
Key Takeaway:
The procedures were earlier undefined under Sections 11 and subsection 3 of the Prevention of Cruelty to Animals Act, which made it difficult to prevent cruelty against animals.
Highlights of the procedures:
- Overview:
- The earlier procedure was undefined under Sections 11 and subsection 3 of the Act, which made it difficult to prevent cruelty against animals.
- Section 11 defined the acts that amount to treating animals with cruelty.
- But subsection 3 allowed exceptions for animal husbandry procedures, which involve dehorning cattle and castration, branding and nose roping of animals in a prescribed manner.
- The rules also demand the breeding of naturally hornless cattle over dehorning and using face halters and other humane procedures for nose roping and preventing cold and hot branding on live tissues.
- The rules prescribe a methodology for euthanasia for ill animals to avoid a painful death, adding the rules also require using pain-reducing methods for dehorning and nose roping.
- Need for reforms:
- The new law was announced through a notification and defined how painful procedures such as the castration of bulls, horses and other animals are to be carried out.
- All procedures are to be carried out with the involvement of a registered veterinary practitioner, along with the mandatory use of general and local anaesthetics.
- The existing methods involve pushing a bull to the ground to use a castrator sans painkillers.
- Dehorning is done by disbudding by chemical or hot iron destroys the horn-producing cells of the horn bud.
Laws for the protection of animals in India:
- Constitutional protection:
- According to the Indian Constitution, it is everyone’s responsibility to care for and preserve the country’s natural resources, such as its forests, lakes, rivers, and animals.
- However, many of these provisions come in the DPSPs and Fundamental Duties – which cannot be enforced without statutory backing.
- 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.”
- Indian Penal Code:
- Section 428: whoever commits mischief by killing, poisoning, maiming or rendering useless any animal or animals of the value of ten rupees or upwards shall be punished with imprisonment of either description for the term which may extend to two years or with fine or with both.
- Section 249: whoever committing mischief by killing, poisoning, maiming or rendering useless any elephant, camel, horse, mule, buffalo, bull, cow or ox, whatever may be the value thereof or any other animal of the value of fifty rupees or upwards, shall be punished with imprisonment of either description for a term which may extend to 5 years or with fine or with both.
- Legislative Interventions:
- The Prevention of Cruelty to Animals Act of 1960: An Act to prevent the infliction of unnecessary pain or suffering on animals and, for that purpose, to amend the law relating to the prevention of cruelty to animals
- Wildlife Protection Act, 1972: It is an Act of the Parliament of India enacted for the protection of plants and animal species.
- Cosmetics Rules, 2020: alternatives to animals in experimentation.
- Judicial Interventions:
- Animal Welfare Board of India v. Nagaraja and Others (2014): The Supreme Court expressly decided on Article 21 in favour of animals.
- State of Gujarat v. Mirzapur Moti Kureshi Kassab Jamat and Ors (2005):
Conclusion:
- While seeing animal cruelty can be painful, one must be prepared to respond in a way that will shield the animal from future harm.
- Animal abuse can be diminished by notifying the proper authorities and educating kids and adults.
Pic Courtesy: Freepik
Content Source: Down To Earth