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Every day Krupa Animal Help line gets distress calls from people who
want to know what to do if they see an animal being maltreated. The
questions range from bad conditions at zoos, length of dogs' leashes,
animal in educational institutes, camel brought for meat, and animal
sacrifices, farm animals in their neighborhoods, to temple elephants
being misused for begging from devotees. People want to know what to do
when they see madaris beating their monkeys, or when they witness an
animal knocked down by a vehicle. Everyday helpline executives fell in
to the helplessness of the callers and most of the time callers ask
...... "Is there no Law???"
There are hundreds of laws for the protection of animals in India. The
main laws are the Prevention of Cruelty to Animals Act 1960, and the
Wildlife Protection Act 1972.and rules framed under these acts. Few
people, and even fewer policemen, know the law; in the face of such
ignorance the animals are helpless. There is a very strong law banning
cattle from being taken from one state to another for slaughter. Since
nobody in authority knows about this law, lakhs of cattle are thrown
helplessly into trucks and taken to slaughterhouses in other states.
Kerala alone kills 2.5 lakhs of cattle every year-every single one of
these poor beasts is beaten and trucked hundreds of miles from
Karnataka, Tamilnadu, or Maharashtra. Goa, too, kills cattle only from
Karnataka, as it finished its own animal's years ago. Al Kabeer, India's
main slaughter factory situated in Andhra Pradesh, takes cattle from all
over Northern India in defiance of the law, and is secure in that no
policeman anywhere knows enough about the law to take action.
One of our activist found a madari with four baskets of snakes. She took
him to the police station and, after a great deal of arguing, managed to
get the police to confiscate the snakes. Since the animals had to be
rehabilitated she went to call for the ambulance to shift the animals to
rehabilitation centre, when she returned, however, she found that the
baskets had been returned to the madari who had vanished. The police
informed her that they could not find the law which enabled them to keep
the snakes.
We must stop hiding behind such ignorance!
The law of our land provides for protection and humane treatment of
animals, as citizens of India it is our fundamental duty to enforce
these laws to protect the helpless animals who suffers in name of
Religion, Science, Health, Commerce etc.
Contact local humane societies, SPCA or animal shelters to investigate
and take action in cases of cruelty seen. If not available, ask the
local Police Station for help in enforcing the law - giving the officer
a concise, factual, written statement of cruel acts seen, with dates and
approximate time. Photographs (dated) are very useful. Keep a record of
the names of people contacted, and photocopy all your evidence before
handing papers to officials If they are uncooperative, after being
informed that you wish to pursue the case and are willing to assist as
required, present the documents to their supervisors, and if necessary
to local government officials (e.g. MLA) and ask them to act. If you
yourself have witnessed the cruel act, ask the local Police officer to
get a warrant issued by the magistrate to summon the accused to court.
Expert opinion from a veterinarian is vital in most cases; inform
officers that you have expert support. If there is an SPCA branch in
your area, lodge a written complaint with them, and take Inspectors to
the site. Police of sub-Inspector rank and above have power to enter a
place where animal crime is suspected - to collect evidence (Oral,
documentary, or articles), provided they have a search warrant issued by
one of the authorities mentioned in section 33 of Prevention of cruelty
to Animals Act 1960.
A written order by an Authority to an Officer (Writ petition can be a
powerful tool in righting animals' wrongs. Article 226 of the
Constitution confers on every High Court the power to issue writs,
including that of mandamus (i.e. command) demanding action from the
addressee. It applies to any authority, officer, or person who is duty
bound by law to take certain action, but refuses to do so.
For example:-
(a) Direction to the Corporation to frame rules about transporting
animals, slaughterhouses, butchers shops in colonies, etc.
(b) Direction to the State to set up proper animal shelters and provide
medical help.
(c) Direction to the Police to initiate action against violators of the
PCA.
(d) Direction to the Police to register FIRs if they have been unwilling
to do so.
The Supreme Court has made it mandatory for the police to register First
Information Reports (FIR).
If a policeman refuses to take any notice of a complaint there are two
options available:
(1) If somebody has committed a cognizable offence in your presence,
arrest him (section 43 of Cr. P.C.) provided that the offence is one for
which the perpetrator may be arrested without a warrant. Any such
arresting citizen may also search the culprit, and place any evidence
found on him/her in safe custody. The citizen must hand over offender
and articles to a police officer or Police Station without delay.
(2) Alternatively, in such cases, file a complaint against the offender
before the Magistrate concerned, and request him/her to initiate
proceedings against the wrongdoer.
Wild birds are often seen in markets. All those named in Schedules I,
II, III, and IV of the Wildlife (Protection) Act 1972 are protected
species, whose capture is totally forbidden. Among often illegally sold
wild birds are: Munias, Parakeets, Peacocks, Weaverbirds, Koel, Mynahs,
and Owls.
Section 9 of Wild Life Protection Act 1972 (WPA) "Hunting" includes
trapping without killing, too. Section 57 of WPA states that anyone in
charge of captive wild animals or birds is guilty of the serious crime
of "Hunting', and liable to imprisonment up to three years (section 51
of WPA).
There are two options for the caring citizen in
this situation:
(1) Lodge an FIR in the nearest Police Station; this does not
necessarily cause the Police to act, so then oblige the deputed Senior
Police Officer to accompany you immediately to the scene of the crime,
lest trader and birds escape.
(2) The second option is citizen's arrest (as detailed previously), for
wild bird hunting is a cognizable offence. Similarly the felling of
trees containing WPA protected wild birds' nests is also a cognizable
offence, as eggs are destroyed.
Draught animals - bullock, buffalo, horses, donkeys, and mules - are too
often maltreated. Look for body sores and/or bleeding, abnormal gait
(lameness, frothing at the mouth, very heavy or unbalanced loads)
causing the animal stress. Has the driver/owner a stick with a nail at
the end? Does he twist the animal's tail, or poke it with a sharp
instrument? Are the animal's hooves correctly pared and shod? Make the
driver/owner understand that a well- treated animal works much better
(particularly if overloading is noticed). Warn extra passengers in
tongas/carts that those above the legal limit will also be prosecuted
under the PCA Act, and persuade them to dismount.
Harming Zoo animals in any way is an offence under Section 38J of the
WPA, which prohibits teasing, molesting, injuring, or feeding any
animal, or causing disturbance by noise or littering the zoo grounds.
These offences carry imprisonment of up to six months and/or a fine up
to Rs. 2000/-; they are cognizable, Citizens arrest is, therefore,
appropriate in all cases. The Zoo Director should also be immediately
informed as he/she is an Officer with powers to take necessary action
under Wildlife Protection Act.
If, conversely, a Government Zoo is badly run, one can take legal
action. Evidence - photographs, visual description of care such as
feeding patterns, quality and suitability of food/water, protection from
extremes of weather, and types of cleaners used - is essential. A writ
petition may be filed in the High Court seeking directions against the
Zoo which being registered under the WPA, is obliged to comply with all
care conditions laid down in the Recognition of Zoos Rules. The Court
can also issue directions to the Central Zoo Authority to ensure the
violating Zoo's future compliance with all rules, or alternatively the
CZA can be directed to close the offending zoo, and relocate the
animals.
Zoos, were all brought under the purview of the Central Zoo Authority (a
statutory body which controls, regulates, and specifies the norms for
all Zoos in the country) in the 1991 amendment to the Wildlife
(Protection) Act, 1972. It was then ruled mandatory for all Zoos to
apply for a license, and to keep specified rules on hygiene, feeding,
upkeep, health, treatment, veterinary facilities, breeding of animals,
and minimum enclosure sizes. The government now has banned all mobile
Zoos.
It is illegal for all people, including tribal, to kill deer or wild
boar for meat. Tribes have no separate rights regarding wild animals.
Similarly the netting of any butterflies anywhere is illegal. Fishing
without a valid permit/license is also illegal as is dynamiting, under
Sub-clause (a) of Sub-section (1) of Section 11 of the PCA Act,
prohibiting any person from subjecting any animal to unnecessary pain or
suffering.
The government of India has further prohibited performance of Bares,
Monkeys, Tigers, Panthers, and Lions. Therefore it is illegal to perform
these Animals on streets or in circus. There is no dearth of animal laws
in India, but what is required is awareness among the masses and law
enforcing authorities.
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The
Author is a student of Law and an animal activist, Readers who are
interested to know more on animal laws can call
09886224434