ANIMAL CRUELTY IN INDIA: A LEGAL DISASTER?- (Blog)


PRELUDE:

“The greatest privilege that comes with freedom of speech is using your voice for those who don’t have one” – Ricky Gervais

To begin with, would you believe me if I told you… the cruelest animal in the world is a Human? Why because? A Pregnant elephant from Kerala, a pregnant cow from Himachal Pradesh and a jackal from Tamil Nadu were killed by feeding explosives-stuffed food. It is disheartening to see how those heartless humans have failed to realize that even a voiceless creature has a right to live. These incidents of Animal cruelty wept my soul and led to think “How humans losing humanity”. What’s being done to stop it? Does the existing legislations are sufficient enough to deter and prevent rampant occurrences in the future? For the answers to these questions, it is important to evaluate where exactly India stands as far as Animal Cruelty Prevention is concerned.

SCANTY LAWS: A PLIGHT OF THE ANIMALS

Are we living in the world of development? Nope. I think we are living in the 60’s era. Why because? Our Country’s most prominent legislation for Animal Cruelty was enacted in 1960. Since then, no amendments were made. Under Section 11 of Prevention of cruelty to animals, 1960, makes the offender liable to pay a fine that may extend to only fifty rupees. It still stands to date. Such a penalty was probably adequate during that period but do you think such a miniscule penalty really matters in this present era? I would say ‘NO’. There are several laws under the Constitution of India (1950), Indian Penal Code (1860), and Wildlife Protection Act (1972) to mention few for the safety, protection and punishment in cases of cruelty. There are also some bills were drafted calling for higher penalties and broadening the scope of offences to revamp the 1960’s Act. But, to be honest, these laws and the bills are not sufficient enough to deal with this present inhumane world. The lack of these effective laws and unawareness of such laws among the public indirectly encourages the occurrence of such dreadful incidences.

PUBLIC OUTRAGE FOR CREUTLY AGAINST HUMANS; WHY NOT FOR ANIMALS?

Do you think that the human beings are only esteemed living creature on earth? Nope, Indeed, Animals are the most esteemed living creature than human beings. For instance,  A woman and a dog were viciously raped by the so-called human beings. There was a huge cry among the public to render justice for the women. But they disdained the dog.  Don’t you think that even an animal suffers pain? In fact, animals too have same emotions just like humans. Then why, justice is not being served to the voiceless? I wish at least in the future, priority has to be given for both living creatures and must voice out as they do for their fellow beings.

JUDICIAL APPROACH:

I can see a ray of hope from the judiciary side as it so far delivered judgments in support of animal personhood. In a case where the court stated that the entire animal kingdom including avian and aquatic are declared as legal entities having a distinct persona with corresponding rights, duties and liabilities of a living person[i]. The court also has included the non-humans under the ambit of the doctrine of ‘parens patrie’[ii]. It has also raised the issue of the lack of role by the legislature and executive in the enactment and implementation of laws respectively.

CONCLUSION:

Although, NGO’s and Animal Right Activists do raises their voices for these brazen killings but their voices are too weak to be heard. Society must aware of the plight that animals face and must raise consciousness about it. There is also an urgent need for the stringent laws and effective implementation of those laws. 

I personally wish that the legislature should enact laws on the same pedestal how they enact for the cruelty against humans. Because, day by day, I can see “Humanity in animals and cruelty in humans”

[i] Karnail Singh and others Vs State of Haryana

[ii] Narayan Dutt Bhatt vs Union of India & Ors, 2018 SCC Online Utt 645


-M. Lavanya
School of Excellence in Law.

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