THE PREVENTION OF CRUELTY TO ANIMALS ACT 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.

(a) Beats, kicks, over-rides, over-drives, over-loads, tortures or otherwise treats any animal so as to subject it to unnecessary pain or suffering or causes or, being the owner permits, any animal to be so treated; or

(b) Employs in any work or labour or for any purpose any animal which, by reason of its age or any disease, infirmity, wound, sore or other cause, is unfit to be so employed or, being the owner, permits any such unfit animal to be so employed.

(c) Wilfully and unreasonably administers any injurious drug or injurious substance to any animal or wilfully and unreasonably causes or attempts to cause any such drug or substance to be taken by any animal.

(d) Conveys or carries, whether in or upon any vehicle or not, any animal in such a manner or position as to subject it to unnecessary pain or suffering; or

(e) Keeps or confines any animal in any cage or other receptacle which does not measure

sufficiently in height, length and breadth to permit the animal a reasonable opportunity for movement; or

(f) Keeps for an unreasonable time any animal chained or tethered upon an unreasonably short or unreasonably heavy chain or cord; or

(g) Being the owner, neglects to exercise or cause to be exercised reasonably any dog habitually chained up or kept in close confinement; or

(h) Being the owner of any animal fails to provide such animal with sufficient food, drink or shelter; or

(i) Without reasonable cause, abandons any animal in circumstances which render it likely that it will suffer pain by reason of starvation or thirst; or

(j) Willfully permits any animal, of which he is the owner, to go at large in any street while the animal is affected with contagious or infectious disease or, without reasonable excuse permits any diseased or disabled animal, of which he is the owner, to die in any street; or

(k) Offers for sale or, without reasonable cause, has in his possession any animal which is suffering pain by reason of mutilation, starvation, thirst, overcrowding or other ill-treatment; or

(l) Mutilates any animal or kills any animal (including stray dogs) by using the method of strychnine injections in the heart or in any other unnecessarily cruel manner; or

(m) Solely with a view to providing entertainment—

(i) Confines or causes to be confined any animal (including tying of an animal as a bait in a tiger or other sanctuary) so as to make it an object of prey for any other animal; or

(ii) Incites any animal to fight or bait any other animal; or]

(n) Organizes , keeps, uses or acts in the management of, any place for animal fighting or for the purpose of baiting any animal or permits or offers any place to be so used or receives money for the admission of any other person to any place kept or used for any such purposes; or

(o) Promotes or takes part in any shooting match or competition wherein animals are released from captivity for the purpose of such shooting.

ANIMAL WELFARE BOARD OF INDIA GUIDELINES FOR

RESIDENTS WELFARE ASSOCIATION , APPARTMENT OWNERS ETC.

1. Banning pets - Even by obtaining consensus, or even if majority of occupiers want , RWA and apartment owners associations cannot legally introduce any sort of ban on keeping pet dogs. They cannot insist that small sized dogs are acceptable and large sized dogs are not. They cannot cite dog barking as a valid and compelling reason for any proposed ban or restriction. Citizens hold the fundamental right of freedom to choose the life they wish to live, which includes facets such as living with or without companion animals.

2. Use of lifts by pets - RWA and AOA cannot disallow pets from the use of lifts and no charge can be imposed by them either.

3. Use of park by pets - Seeking a ban pets from gardens or park is short sighted. Public park is not a private property so the right over the park/garden is questionable. Secondly , pets that are not properly exercised may exhibit aggression in frustration. Residents must work on acceptable timings when pets can be walked without inconvenience to other residents .

4. Use of leashes/muzzles by pet owners in community premise, imposition of fines and other similar measures - Pet owners are advised to and must leash their pets in all common areas. However , RWA and AOA cannot insist the use of muzzles. The law already provides for penalties for negligent pet owners , which the aggrieved parties can avail of. Please

   Please bear in mind that the absence of central or state laws requiring cleaning of excreta by pet owners RWA and AOA cannot impose any rule , by law or fine on pet owners.

5. Intimidation - Please bear in mind that if any association succeeds in intimidating a pet owner into giving up or abandoning a pet, it will actually have abetted the violation of law ; and may well be aggravating the menace of ownerless animals on the streets, that is not accustomed to living on the street and therefore get involved in and lead to accidents, injuries and deaths. INTIMIDATION is an offense under IPC 503.

THE WILDLIFE PROTECTION ACT 1972

The Wild Life (Protection) Act, of 1972 provides a legal framework for the protection of various species of wild animals and plants, management of their habitats, regulation, and control of trade in wild animals, plants, and products made from them

The act also lists schedules of plants and animals that are afforded varying degrees of protection and monitoring by the government.

Animal” includes amphibians, birds, mammals and reptiles and their young, and also includes, in the cases of birds and reptiles, their eggs.

“Animal article” means an article made from any captive animal or wild animal, other than vermin, and includes an article or object in which the whole or any part of such animal has been used, and ivory imported into India and an article made therefrom.

Schedules under the Act:

• Schedule I:

  • It covers endangered species that need rigorous protection.

  • A person is liable to the harshest penalties for violation of the law under this Schedule.

  • Species under this Schedule are prohibited to be hunted throughout India, except under threat to human life or in case of a disease that is beyond recovery.

  • Some of the animals listed under Schedule I include the Black Buck, Snow Leopard, Himalayan Bear and Asiatic Cheetah.

• Schedule II:

  • Animals under this list are also accorded high protection with the prohibition on their trade.

  • Some of the animals listed under Schedule II include Assamese Macaque, Himalayan Black Bear and Indian Cobra.

• Schedule III & IV:

  • Species that are not endangered are included under Schedule III and IV.

  • This includes protected species with hunting prohibited but the penalty for any violation is less compared to the first two schedules.

  • Animals protected under Schedule III include Chital (spotted deer), Bharal (blue sheep), Hyena, and Sambhar (deer).

  • Animals protected under Schedule IV include Flamingo, Hares, Falcons, Kingfishers, Magpie, and Horseshoes Crabs.

• Schedule V:

  • This schedule contains animals that are considered as vermin (small wild animals that carry disease and destroy plants and food). These animals can be hunted.

  • It includes only four species of wild animals: Common Crows, Fruit Bats, Rats, and Mice.

• Schedule VI:

  • It provides for regulation in the cultivation of a specified plant and restricts its possession, sale, and transportation.

  • Both cultivation and trade of specified plants can only be carried out with the prior permission of the competent authority.

  • Plants protected under Schedule VI include Beddomes’ cycad (Native to India), Blue Vanda (Blue Orchid), Red Vanda (Red Orchid), Kuth (Saussurea lappa), Slipper orchids (Paphiopedilum spp.) and Pitcher plant (Nepenthes khasiana).

PUNISHMENT UNDER WILDLIFE PROTECTION ACT 1972.

Under the Wildlife Protection Act of 1972, offenses related to protected animals or their products, especially those in Schedule I or Part II of Schedule II, can result in imprisonment for a minimum of three years, potentially extending to seven years, and a fine of at least 10,000 rupees.

RIGHTS GRANTED BY THE CONSTITUTION OF INDIA / IPC , CRPC TO SAFEGUARD CITIZENS AND PREVENT ANIMALS CRUELTY.

ARTICLE 19 - Right to freedom of profession (in this context individuals/organisations who undertake the responsibility of feeding stray animals are legally allowed to carry on their occupation by law.

ARTICLE 21 - No person shall be deprived of his life or personal liberty except according to procedure established by law. Animal care takers have the right to feed and provide medical care.

ARTICLE 51A(g) - To value, protect and improve the natural environment including forests ,lakes, rivers, and WILDLIFE and to have COMPASSION for LIVING creatures.

SECTION 428 IPC - whoever commits mischief by killing , poisoning , maiming or rendering useless any animal or animals of the value of ten rupees or more , shall be punished with imprisonment of either description for a term which may extend to 2 years or with fine or both

SECTION 429 IPC - Whoever commits mischief by killing , poisoning , maiming or rendering useless any elephant, camel , cow ,mule, horse , buffalo, bull or ox , whatever may be the value of 50 rs or more shall be punished with imprisonment or description for the term which may extend to 5 years or with fine or with both.

SECTION 503 - Defines criminal intimidation ,which involves threatening someone with harm to their person, reputation, or property to induce them to do or refrain from doing something they are not legally bound to or entitled to respectively. This section safeguards feeders and animal caretakers from intimidation or threats by others.