Prevention of Cruelty to Animal Act

The Union Government recently proposed 61 amendments to the Prevention of Cruelty to Animals Act 1960.

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• The Ministry of Fisheries, Animal Husbandry, and Dairy has prepared the draught Prevention of Cruelty to Animals Act, (Amendment) Bill-2022.

The following are the draft's key provisions:

Imprisonment for animal cruelty:

• For killing an animal, the draft proposes a maximum 5-year prison sentence plus a fine. A new clause has been proposed to address this.
• The Act defines gruesome cruelty as "an act that causes extreme pain and suffering to the animals, which may result in lifelong disability or death."
• Gruesome cruelty is punishable by a minimum fine of Rs 50,000, which may be increased to Rs 75,000, or by a judicial magistrate in consultation with the jurisdictional veterinarians, whichever is greater, or by imprisonment for one year, which may be extended to three years, or by both.
• Bestiality:Under the new category of 'gruesome cruelty,' the draught includes 'bestiality' as a crime.

Community animals:

• The local government is responsible for the care of community animals.
• According to the draft proposals, a community animal is any animal born in a community for which no ownership has been claimed.
• It does not include wild animals as defined by the Wildlife Protection Act of 1972.

Animals have five freedoms:

• The draft also proposes adding a new Section 3A that gives animals "five freedoms."
• Every person in charge of an animal must ensure that the animal in his care or under his charge has the following freedoms: freedom from thirst, hunger, and malnutrition; freedom from discomfort caused by the environment; freedom from pain, injury, and diseases; freedom to express normal species behaviour; and freedom from fear and distress.

Animals have constitutional protection.

• The Indian Constitution imposes a duty on both the state and the people to ensure the safety and conservation of animals at all costs.

Article 48A :

• According to Article 48A, it is the responsibility of the state to improve animal strength and protect the country's wildlife. It will work to increase the population of animals and protect them from all forms of attack.

Article 51A(g):

• According to Article 51A(g), it is every citizen's Fundamental Duty to protect and improve forests and wildlife, as well as to have compassion for all living creatures.

Article 21:

• Because of the courts' broad interpretation, the rights of animals are also protected under Article 21 of the Constitution.
• According to the law of the land, every species has a right to life and security, and this right is not limited to humans but extends to include animals and birds as well.

The key provisions of the Animal Cruelty Prevention Act of 1960:

The Prevention of Cruelty to Animals Act, 1960 (hereinafter PCA Act, 1960) was the first law enacted to protect the rights of animals and protect them from the pain and suffering inflicted by humans.

The following are some of the Act's main features:

Definition:

• The definition of animals in the Act includes any living creature other than humans and various forms of animals.

Offenses and penalties:

• To protect animals from suffering and pain for the rest of their lives, the Act establishes penalties for those who cause unnecessary suffering and cruelty to animals.
• The Act also discusses different types of animal cruelty, its exceptions, and the process of killing a suffering animal when cruelty has been imposed in order to prevent further suffering for that animal.

Guidelines for Animal Experimentation:

• The Act emphasizes the guidelines to be followed when experimenting on an animal for scientific purposes, as well as the offenses associated with the exhibition of performing animals.

India's Animal Welfare Board:

• One of the provisions of the Act is the establishment of the Animal Welfare Board of India

Key provisions of the Wildlife Protection Act, 1972:

• The Wildlife Protection Act of 1972 aims to preserve wildlife species of both fauna and flora by establishing protected areas.
• The Act also limits the number of animal species that can be hunted.

Some of the most important aspects of protecting animals' interests are:

• Hunting is prohibited under the Act for the animals listed in Schedules I, II, III, and IV.
• Installation of the following boards: The National Board for Wildlife and the State Board for Wildlife are statutory bodies established under the Act that is responsible for advising the government on wildlife conservation, reviewing and approving various wildlife projects, and promoting wildlife conservation and development.