Sunday, October 4, 2009

Misconceptions About Rabies.

Every time a newspaper publishes a story about a dog having bitten humans, there is an outcry by the so called “concerned” folks of this country that strays must be killed. Pray do tell me, does the reporter even bother to find out whether the adult or child had provoked the poor canine in the first place?? More than 99 percent of strays in this country are not rabid. They are merely branded so by the print media, especially vernaculars and even the up market English dailies. Therefore, friends of the four legged fraternity, it’s time we got our hocks together and educated the media on the FACT that NO CANINE will ever BITE a Human Being without BEING PROVOKED. Don’t like them, ignore them, but stop stoning them, beating them, and even shooing them away by making aggressive gestures or noises, only then will incidences of dog bites come down drastically. Cooperate with your local municipalities and animal NGO’s in getting female canines spayed and males neutered. Help control stray population. Get off that cushy couch, and swing your arms instead of spouting armchair philosophies. Act now!!

Thursday, August 13, 2009

Animal Welfare Laws Everybody Should Know

ANIMAL PROTECTION LAWS FOR THE GUIDANCE
OF POLICE, HAWOs, NGOs AND AWOs
The Prevention of Cruelty Animals Act,1960
Q 1) What amounts to cruelty on animals?
A) Section 11 (1) (a) to (o) of The Prevention of Cruelty to Animals Act, 1960 prescribes
and enumerates the forms of cruelty mentioned hereunder:
Sect 11(1)(a) Beating, Kicking, Over-riding, Over-driving, Over-loading, Torturing,
Causing unnecessary pain or suffering to any animals;
(b) Employing any animal which, by reason of its age or any disease, unfit to be so
employed, and still making it work or labour or for any purpose;
(c) Wilfully and unreasonably administering any injurious drug or injurious substance;
(d) Conveying or carrying, either in or upon any vehicle in such a manner as to subject it
to unnecessary pain or suffering;
(e) Keeping or confining any animal in any cage or any receptacle, which does not
measure sufficiently in height, length and breadth to permit the animal a reasonable
opportunity for movement;
(f) Keeping for an unreasonable time any animal chained or tethered upon an
unreasonably heavy chain or chord;
(g) Being the owner, neglects to exercise or cause to be exercised reasonably any dog
habitually chained up or kept in close confinement;
(h) Being the owner of any animal fails to provide such animal with sufficient food, drink
or shelter;
(i) Being the owner, without reasonable cause, abandons any animal in circumstances,
which render it likely that it will suffer pain by reason of starvation or thirst;
(j) Wilfully permits any animal, of which he is the owner to go at large in any street while
the animal is affected with a 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;
(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 illtreatment
(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;
(m) Solely with a view to providing entertainment -
(i) Confines or causes to be confined any animals (including tying of
an animal as bait in a tiger or other sanctuary) so as to make it an
object of prey for any other animal;
(ii) Incites any animal to fight or bait any other animal.
(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;
(o) Promotes or takes part in any shooting match or competition wherein animals are
released from captivity for the purpose of such shooting.
Q 2) Is treating animal cruelly, a punishable offence?
A) Yes. If any animal is subjected to any form of cruelty specified treated in any cruel
way, in any of the ways provided under Section11 (a) to (o) of The Prevention of Cruelty
to Animals Act, 1960, the offender (in the case of a first offence) will have to pay fine
which shall extend to fifty rupees and if it is the case of second offence or subsequent
offence committed within three years of the previous offence, he will be fined with not
less than twenty-five rupees but which may extend to one hundred rupees or with the
imprisonment for a term which may extend to three months or with both. Also, in the
case of second offence, the offender’s vehicle is confiscated, and he will never be
allowed to keep an animal again.
Q3) What are Cognizable and Non-Cognizable offences?
A) Section 2 (c) of the Code of Criminal Procedure, 1973 defines “Cognizable
Offence”. The cognizable offences means that such of the offences wherein
Police Officer is empowered to arrest the accused/ offender without warrant. All
cognizable offences comes under the specified offences under the Indian Penal
Code such as Murder, Robbery, Theft, Rioting, Counterfeiting etc.
B) Section 2 (l) of the Code of Criminal Procedure, 1973 defines “Non-Cognizable
Offences”. The non-cognizable offences are such offences where the Police
Officer is not empowered to arrest the accused/offender without warrant. In the
commission of any Non-Cognizable Offences, the Police Officer should obtain a
warrant from the Magistrate concerned to arrest the accused/offender. The cases
of Public nuisance, Mischief, Assault, Causing Simple Hurt, are some of the
offences which are Non-Cognizable Offences.
Q 4) What are the common offences against the PCA and which ones are
cognizable?
A) The following tabulation/chart enumerates the forms of offences – Cognizable and
Non-Cognizable under the PCA Act, 1960:
Nature Of Offence Section Violated Cognizable (Cog.) Or
Non-Cognizable (Non-
Cog.)
Beating, Kicking, Overriding,
Over-driving, Overloading,
Torturing, Causing
unnecessary pain or
suffering to any animals;
Section 11(1)(a) Non-Cog
Employing any animal
which, by reason of its age
or any disease, unfit to be
so employed, and still
making it work or labour or
for any purpose;
Section 11(1)(b) Non-Cog
Wilfully and unreasonably
administering any injurious
drug or injurious substance;
Section 11(1) ( c) Non-Cog
Conveying or carrying,
either in or upon any
vehicle in such a manner as
to subject it to unnecessary
pain or suffering;
Section 11(1) (d) Non-Cog
Keeping or confining any
animal in any cage or any
receptacle which does not
measure sufficiently in
height, length and breadth
to permit the animal a
reasonable opportunity for
movement;
Section 11(1)(e) Non-Cog
Being the owner, neglects
to exercise or cause to be
exercised reasonably any
dog habitually chained up
or kept in close confinement
Section 11 (1)(g) Non-Cog
Being the owner of any
animal fails to provide such
animal with sufficient food,
drink or shelter;
Section 11(1)(h) Non-Cog
Without reasonable cause,
abandons any animal in
circumstances which render
it likely that it will suffer
pain by reason of starvation
or thirst;
Section 11(1)(i) Non-Cog
Willfully permitting any
animals, 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;
Section 11(1)(j) Non-Cog
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 illtreatment
Section 11(1)(k) Non-Cog
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;
Section 11(1)(l) Cog.
Solely with a view to
providing entertainment
1) Confines or causes to be
confined any animals
(including tying of an
animal as bait in a tiger or
other sanctuary) so as to
make it an object of prey for
any other animal;
2) Incites any animal to
fight or bait any other
animal.
Section 11(1)(m) Non-Cog
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;
Section (1)(n) Cog.
Promotes or takes part in
any shooting match or
competition wherein
animals are released from
captivity for the purpose of
such shooting.
Section 11(1)(o) Cog.
If any person performs upon
any cow or other milch
animal the operation called
phooka or any other
operation, including
injection of oxytocin given
by dairies to their milch
animals in order to induce
milk, which is injurious to
health
Section 12 Cog.
Q5) Can an individual ‘arrest’ someone who is treating an animal cruelly and bring
him to a police station?
A) Any person or individual under whose presence any offence under the Act is
committed, such person can immediately lodge a written complaint with the nearest
Police Station for taking action.
Q 6) What are the powers that a police man can exercise when he see the cruelty
being done on animals?
A) Section 34 of The Prevention of Cruelty to Animals Act, 1960 provides the general
power of seizure for examination to the police officer above the rank of constable. If the
police officer comes to know about an offence against commission of any offence under
PCA Act has been committed or is been committed on any animal, he can seize the
animal and produce the same for examination by the nearest magistrate or by the
Veterinary Officer. Whether it is the case of overloading of animals or beating of animal
or any offences under this PCA Act, the police have the power to seize the animals and
send them to infirmaries for the treatment and care of animals. This is provided under
Section 35 of The Prevention of Cruelty to Animals Act, 1960. Section 35 states that the
animals are to be detained and have to be produced before the magistrate. Animals are to
be treated and cared for in an infirmary, until they are fit for discharge. The animal sent
for care and treatment to an infirmary cannot be released from such places unless the
veterinary officer issues the certificate of its fitness for discharge. The cost of
transporting the animal to an infirmary and its maintenance and treatment in an infirmary,
has to be paid by the owner of the animal.
Q 7) If a person kills another person’s dog or any other pet deliberately, what action
should be taken?
A) Killing of an animal/pet is illegal and its is an offence being to cruelty on animals as
defined under Section 11of The Prevention Of Cruelty to Animals Act. It is a cognizable
offence under Section 428 and Section 429 of the Indian Penal Code. Section 428 of the
IPC deals with the punishment for committing mischief by killing, poisoning, maiming
or rendering useless any animal or animals of the value of ten rupees or upwards. The
punishment for such acts/offences are simple or rigorous imprisonment for a term, which
may extend to two years, or with a fine, or with both. While Section 429 of the IPC
deals with the punishment for the same nature of crime but for the animals of the value of
fifty rupees or upwards. It must be immediately lodged as an F.I.R with the area police
station. The punishment in this case will be imprisonment of either description for a
term, which may extend to five years or with a fine, or with both.
Q 8) What is the legal action to be taken on a complaint of stealing of a dog or any
other animal?
A) Section 378 of Indian Penal Code deals with ‘ Theft’, stating that whoever, intending
to take dishonestly any moveable property out of the possession of any person without
that person’s consent, moves that property in order to such taking, is said to commit theft.
And the property, under this section includes ‘animals’ too. The section itself explains the
matter related to animals. A person, who by any means causes an animal to move, is said
to move that animal without the consent of the owner.
For example; A, being Z’s servant and entrusted by Z with the care of his dog, takes the
dog and sells it to the other party, without Z’s consent. The act of A will amount to theft.
A Pet, or any other animal within the possession of the owner is considered to be the
property of the owner. And any property taken away from the owner without the consent
of the owner, amounts to theft.
Section 379 of Indian Penal Code, penalizes ‘theft’. Under this Section, the punishment
of theft is imprisonment of either description for a term, which may extend to three years,
or with fine, or with both.
So, like in any other theft case, the procedure will be the same. When a person
approaches the police station with the complaint regarding the theft of an animal, the
complainant should be encouraged to give a detailed description of the lost animal, if
possible with a photograph. And it should be immediately filed as an F.I.R in the police
register/records, the copy of which should be duly signed, stamped and dated, along with
the time and be handed to the complainant. The duty officer of the police station is
responsible for making all the necessary entries. The complainant has right to file an
F.I.R. This should be read together with the Prevention of Cruelty to Animals Act 1960
as forcibly taking an animal out of its environs amounting to cruelty.
Q 9) In a complaint under Section 428/429 of the IPC in respect of a dog of the
complainant who has been poisoned by a neighbour, what kind of evidence
should be looked and asked for?
A) If the owner believes that the neighbour is responsible, the owner should immediately
contact the nearest police officer. The police officer should visit the site and note the
condition of the dog. The dog has to be taken to a vet, either private or government, for a
post-mortem to determine the cause and approximate time of death. In the meantime the
police officer can collect any physical evidence that is available, indicating both the
perpetrator and the method used. The police officer must record the statement of the
witnesses who have seen the poisoning or witnesses who can record the attitude or
history of previous cruelty of the alleged perpetrator towards the deceased. Thereafter,
the police officer must put up a challan before the court of the concerned magistrate.
Q 10) Can people who feed animals in their areas be stopped by the RWAs or
Societies or neighbour under the law?
A) Article 51A of the Constitutional Law of India, speaks about the duties of every
citizen of India. One of these duties includes having compassion for living creatures. So
the animal lover is protected under the Constitution.,
Article 19 of the Constitution of India, deals with right to freedom and in this freedom
comes the right to profession, occupation, trade and business. Therefore, it means that
every citizen has the right to occupation and if someone has taken the caring of animals
as his occupation, it is legal and he has every right to carry on with his occupation.
Article 21 of the Constitution of India states the right to personal life and liberty. This is a
very vast right. If someone wants to feed and provide shelter to dogs, he is at liberty to do
so. He has the same right to liberty that the law provides to every citizen of India.
Section 503 of the Indian Penal Code 1860, provides that intimidation is a criminal
offence which is cognizable. Anyone who threatens or intimidates any person taking care
of dogs, is liable for criminal intimidation under Section 503 of Indian Penal Code and
can be arrested without a warrant.
But, above every law and rights, there is a natural right, which is a universal right,
inherent in the nature of ethics and contingent on human actions or beliefs. It is the right
that is claimed to exist even when it is not enforced by Government or society as a whole.
It is the right of the individual and considered beyond the authority of a Government or
international body to dismiss. Therefore, if there are any rights at all, there must be right
to liberty, for all the others depend on this. And the choice of loving, caring, feeding and
giving shelter to dogs is the natural right of any individual.
In a Judgment passed by the Delhi Court, it has been stated that the Animal Welfare
Board of India and the Municipal Authorities have in the guidelines issued by them
specified the problem often faced by individuals and families who adopt and feed stray
animals. The court says that it is necessary to bring into record that these individuals and
families who adopt stray animals are doing a great service to humanity as they are acting
in the aid and assistance of Municipal Authorities by providing these animals with food
and shelter and also by getting them vaccinated and sterilized. Without assistance of such
persons no local Municipal Authority can successfully carry out its ABC programme.
The Court has proceeded to say that the local police and the municipal authorities are
under obligation not only to encourage such adoption but also to ensure protection to
such persons who come forward to take care of these animals specifically the community
or neighborhood dogs so that they are not subjected to any kind of cruelty, finally, the
Court has said that every individual has the right to live his life in the manner he wants
and it is necessary that the society and the community recognize it.
Q11) Can an RWA/Society or any individual remove or have removed the dogs in a
colony that are already sterilized and vaccinated and throw them away
anywhere?
A) Under the Govt. of India, Animal Birth Control Rules 2001, no sterilized dogs can
be relocated from their area. As per five different High Court orders, sterilized
dogs have to remain in their original areas. If the dog is not sterilized, the Society
can simply ask an animal welfare organization to sterilize and vaccinate the dog.
They cannot relocate them. Relocation is not permissible, as it would cause more
problems such as an increase in dog bites as new dogs will move into the area
who are unfamiliar with residents and therefore more likely to be hostile.
B) The Government of India has issued a circular Dy No 1237 dated 30/9/2006,
specifically directing all RWAs and any other recognized citizens associations as
follows:
· As per Section 11 of Prevention of Cruelty to Animals Act,1960, beating,
kicking ,over-riding, overloading, over-driving, torturing or otherwise treating
any animals so as to subject it to unnecessary pain amounts to cruelty on
animals. And whoever indulges in an act of cruelty to animals makes himself
liable for action under Prevention of Cruelty to Animals Act.
· There are designated agencies in Govt/local self-government Organizations
that are authorized to deal with stray animals. Such Organizations regularly
undertake inoculations, sterilization of animals and other programmes.
· Recognized Associations may approach such institution for redressal of their
grievances if any, with regard to stray animals. Un-recognized associations
may also approach such bodies with their grievances, but they should not
pretend to represent the residents in general.
· All problems of stray animals have to be handled within the institutional
framework available. No association, recognized or unrecognized, shall take
recourse to any action regarding stray animals on their own, either themselves
or through any person employed by them like security guards.
· Where there is no recognized association, residents may take up grievances
through the AWO/Office of the CWO.
· While residents and Associations are free to address institutional agencies for
redressal of grievances in this matter, no resident/association will interfere
with the freedom of other residents in caring and attending animals.
Intimidating in any manner, those who feed and care for animals is a criminal
offence. Apart from action under appropriate criminal law, such persons will
render themselves liable for action under CCS Conduct Rules.
Q 12) Does practicing phooka or doom dev amount to cruelty?
A) Yes. Section 12 of The Prevention of Cruelty to Animals Act, 1960, penalizes
practicing of phooka or doom dev or any other operation being performed upon any cow
or other milch animal, to improve its lactation. This is injurious to health of the animal. It
is a cognizable offence and the person shall be punishable with a fine, which may extend
upto one thousand rupees, or with imprisonment for a term which may extend upto two
years, or with both and the animal on which the operation was performed shall be
forfeited to the Government.
Also, if a Police Officer, not below the rank of Sub-Inspector, has reason to
believe that Phooka or any other operation of the nature referred to in Section 12, has
been performed or will be performed on any animal within the limits of his jurisdiction,
he may enter any place in which he has reason to believe such animal to be, and may
seize the animal and produce it for the examination by the Veterinary Officer in charge of
the area in which the animal is seized.
Q13) Dairies give their milch animals injections of oxytocin in order to induce milk.
Is this illegal?
A) Yes. Use of Oxytocin Inj. on milching animal in order to induce milk is illegal and
amounts to cruelty on animal under Section 12 of The Prevention of Cruelty to Animals
Act, 1960. It is a cognizable offence and the person shall be punishable with a fine, which
may extend upto one thousand rupees, or with the imprisonment for a term which may
extend upto two years, or with both and the animal on which the operation was performed
shall be forfeited to the Government. The proprietor of the shop selling these drugs to a
dairy shall be liable to lose his license as a pharmacist and shopkeeper in addition to
criminal charges with punishment of upto 5 years in prison.
The Government of India has acknowledged the negative effects of oxytocin and has
declared it as a scheduled substance. It is illegal under the Food and Drug Adulteration
act to buy, sell or administer these injections without a physician’s permit. These rule
apply to milkmen too.
Under the provisions of the Drugs and Cosmetics Act, Oxytocin has been classified as a
Prescription drug. No person/milkman can purchase the drug without having the requisite
prescription from a Registered Medical Practitioner or Registered Veterinarian. But,
despite this, Oxytocin ampoules are easily and readily available not only at chemists but
also from other unauthorized outlets in market situated close to dairies.
Q14) How can one tell dairymen or milkmen are using oxytocin?
A) If oxytocin is being used, there will be marks and bruises caused by the needles all
over the body of the cow. Needles, syringes, discarded vials, blood soaked cotton can be
found near the milch animal.
The Performing Animals Rules,1973 and The Performing Animals( Registration)
Rules,2001
Q 15) What are “Performing Animals”?
Under Section 2(b), of the Performing Animals Rules, 1973, Performing Animals
means any animal which is used for the purpose of any entertainment to which the public
is admitted through the sale of tickets.
Section 2(h) of the Performing Animals (Registration) Rules, 2001 specifies that
this includes animals used in films and for equine events.
Q 16) Is the exhibition and training of performing animals restricted?
A) Yes, Section 22 of The Prevention of Cruelty to Animals Act 1960 restricts the
exhibition and training of performing animals, unless the person interested in exhibiting
and training the animal is registered in accordance with provisions of the Act. No animal
can be exhibited or trained, where the Central Government, by notification in the Official
Gazette, has restricted the exhibition and training of such animal. These following
animals can’t be exhibited or trained:
1) Bears
2) Monkeys
3) Tigers
4) Panthers
5) Lions
Q17) What are the conditions for the exhibiting and training of performing
animals?
A) The first and foremost condition is the registration of the person seeking permission to
train and exhibit. Section 3 of The Performing Animals (Registration) Rules, 2001,
provides for Application of registration stating that any person desirous of training or
exhibiting performing animals has to apply for registration to the prescribed authority.
Without being registered such a person is not allowed to exhibit or train any animal as a
performing animal.
Apart from this, Section 8 of The Performing Animals (Registration) Rules, 2001 lays
down general conditions for registration, which the prescribed authority while granting
registration may impose such terms and conditions. The following are the general
conditions:
(1) Every owner who has ten or more such performing animals shall have a veterinarian
as a regular employee for their care, treatment and transport;
(2) The owner shall not transport such animals by road continuously for more than 8
hours;
(3) The owner shall ensure proper watering and feeding halts during such transportation;
(4) The owner after transportation shall provide feeding and retiring enclosures in respect
of the animals;
(5) The owner shall ensure that any animal is not inflicted unnecessary pain or suffering
before or during or after its training or exhibition;
(6) The owner shall not deprive the animal of feed or water in order to compel the said
animal to train or perform any trick;
(7) The owner shall train an animal as a performing animal to perform an act in
accordance with its basic natural instinct;
(8) The owner shall not make a performing animal perform if it is sick or injured or
pregnant;
(9) The owner shall ensure that no sudden loud noise is deliberately created within the
vicinity of any performing animal or bring an animal close to fire, which may frighten the
animal;
(10) The owner in case the performing animal is to be exhibited under artificial light, the
overall intensity of such light shall not be more than 500 LUX;
(11) The owner shall not subject the animals to any action, which may either kill or injure
or use the animals in scenes, which may cause injury to the animals;
(12) The owner shall not use any tripping device or wires or pitfalls for such animals;
(13) The owner shall not expose any animal to either burning fire or to fire accidents;
(14) The owner shall not keep any animal including horses in close proximity while
shooting scenes involving explosives or other loud noises;
(15) The owner shall ensure that props such as spears, nails, splinters, barbed wires or
other such props shall not cause injury to the animals during performance;
(16) The owner shall ensure that equines are not made to walk on hard surfaces without
being shoed and shall further ensure that the animals are not used in downhill slides or
rodeo slide stops without proper skid and hock boots;
(17) The owner of any equine shall not use any whip;
(18) The owner shall ensure that the animal is not used on floors that are very smooth
without the use of non-skidding mats;
(19) The owner shall ensure that a large gathering of animals is not allowed in such a
way, that may cause or result in a stampede.
(20) The owner shall ensure that the animal is not made or incited to fight against other
animal and shall further ensure that sedatives or tranquillizers or steroids or any other
artificial enhancers are not administered to or inserted in any animal.
(21) The owner shall ensure that the animal shall not be transported or kept or confined in
cages and receptacles, which do not measure in height, breadth or length in accordance
with the comfort of animal.
(22) The owner shall ensure that the animal is not continuously used for excessive
number of takes in shooting a film without providing adequate rest to the animal and in
the event of a snake being used it shall not be made to ingest any substances or made to
crawl across tarred or any other heatened surface and shall not be contorted to wrestle.
(23) The owner shall ensure that while using an animal in shooting a film, the fight
sequence shall not be shot in any livestock holding area including poultry area and shall
further ensure that no birds are shown in cages.
(24) The owner shall inform the prescribed authority at least four weeks in advance
informing the place, date and time of the actual making of the film wherein the animal is
to be used;
(25) Persons desirous of transporting horses from one place to another shall adhere to the
minimum norms to enhance conditions of travel safety of the horses, namely:-
1) No horse shall be tied up in such a way that his head and neck movements
are unnaturally restricted while traveling
2) All horses must be watered at least every four hours and provided
adequate ration of hay during the journey lasting more than eight hours
3) Adequate ventilation and free flow of fresh air in the vehicle shall be
ensured during transport
4) Rubber mats shall preferably be used for flooring instead of straw bedding
5) Horses shall not be transported within twenty four hours of having raced
6) No horse shall be raced, where the period of journey exceeds six hours,
unless twenty four hours have lapsed since completion of the travel.
Q 18) Are animal fairs where animals are traded, legal?
A) When the sale takes place this fair is normally meant for farmers. However, in recent
years they have become exclusively devoted for providing animals to butchers. This is
illegal. In order to prevent this from happening local administration should make sure that
no trucks are allowed near the fair and that no cattle is put inside trucks and no buyer can
buy more than two animals. The Municipality has a special role to play in animal
protection. The Local authority of the place where the ‘Haat’ or fair is held should check
that there is the proper maintenance of animals by their owners. The municipality must
allocate sufficient funds for the proper cleaning, feeding, housing and treatment of these
animals. The money earned from their auction and release, must be spent on the care of
these animals. Wherever possible, it should involve local NGOs/AWO in the running of
these Pounds. When cattle are auctioned, the buyer must specify for what purpose he is
buying the animal and that should be verified to avert cow slaughter, which is a criminal
offence.
The Municipality can also designate local shelters as Infirmaries for the care and
treatment of impounded animals.
But no wild animals or birds and other wild species any endangered species could be
sold or brought in the fairs.
Q19) Does the Prevention of Cruelty to Animals Act, 1960 provide any procedure
for registration with regard to the exhibition and training of performing
animals?
A) Yes, Section 23 of the above mentioned Act provides procedure for registration. There
are five conditions that need to be fulfilled with regard to the registration of performing
animals.
1. Every person desirous of exhibiting or training any performing animal has to
make an application in the prescribed form, to the prescribed authority and on
payment of the prescribed fee.
2. An application for registration contains such particulars as to the animals and as
to the general nature of the performances in which the animals are to be
exhibited or for which they are to be trained and the particulars so given shall
be entertained in the register maintained by the prescribed authority.
3. The prescribed authority shall give to every person whose name appears on the
register kept by them, a certificate of registration in the prescribed form
containing the particulars entered in the register.
4. Every register is open for inspection by any person on payment of the
prescribed fee.
5. And the person whose name is entered in the register, is entitled, on making an
application for the purpose, to have the particulars entered in the register with
respect to him varied, and where any such particulars are so varied, the existing
shall be cancelled and a new certificate will be issued.
Q20) What does it mean by Prescribed Authority and the prescribed payment of fee
for registration? What are the performing animals? And also, what is the
prescribed payment of fee for inspection of the register by any person?
A) Under Section 2 (b), of The Performing Animals Rules, 1973 performing
animal means any animal, which is used for the purpose of any entertainment
to which the public are admitted through the sale of tickets.
B) The Prescribed Authority is the Animal Welfare Board of India, which is
established by the Central Government. This Board has been established for
the promotion of animal welfare and for protecting them from being subjected
to unnecessary pain or suffering.
Animal Welfare Board of India
Post Box No.8672
No. 13/1, 3rd Seaward Road
Valmiki Nagar
Thiruvanmayur
Chennai-600041
Ph: (044)-24454935, 24454958
Fax:044-24454330
Website: www.awbi.org
E-mail: awbi@md3.vsnl.net.in
Section 4 of The Performing Animals Rules, 1973 prescribes about fee and
registration which says that every application for registration shall be accompanied by a
fee of rupees twenty-five which can be either paid in cash or in such other manner as may
be specified by the prescribed authority.
Section 7 of The Performing Animals Rules, 1973 states that anyone who is
interested in inspecting the register can do so during office hours on any working day
upon payment of a fee of two rupees.
Q21) What rules does the Central Government have with regard to the Performing
Animals Registration?
A) The Central Government has prescribed Rules with regard to the registration of
performing animals, which are provided in The Performing Animals (Registration) Rules,
2001.
Section 2(g) states that Prescribed Authority means the central government, or
such other authority including the Animal Welfare Board of India or the State
Gvernment, as may be authorized by the central government.
Section 2(h) says that the performing animal means an animal, which is used at or
for the purpose of any entertainment including a film, or an equine event to which the
public are admitted. This includes horse races, polo matches and any other public event
involving horses.
Section 4 talks about the fee and registration, where a fee of rupees 500 (five
hundred) shall accompany every application for registration.
Q 22) What are the acts that amount to offences with regard to performing animals?
A) Section 26 of The Prevention of Cruelty to Animals Act, 1960 list the acts that
amounts offences with regard to performing animals. Section 26 says that if any person
a) Not being registered exhibits or trains any performing animal;
Or
a) Being registered under this Act, exhibits or trains any
performing animal with respect to which, or in a manner with
respect to which, he is not registered
b) Exhibits or trains as a performing animal, any animal which is
not to be used for the purpose of exhibition
c) Obstructs or Wilfully delays any person or police officer from
entry and inspecting the premises where the performing
animals are kept
d) Conceals any animals with a view to avoiding such inspection
Any person found guilty of such offences will be punishable on conviction with
fine which may extend to five hundred rupees, or with imprisonment which may extend
to three months or with both. The animal will be confiscated and the person will not be
allowed to keep an animal again.
Q 23) Is it an offence to train or exhibit an animal for police purpose?
A) No. Section 27 of The Prevention of Cruelty to Animal Acts, 1960 acts as an
exemption clause. It permits the training of animals for bonafide military or police
purposes. However, Section 11 of The Prevention of Cruelty to Animal Acts, 1960
applies to those animals too. It has to be kept in mind that no animals can be treated
cruelly or in a way that harms or injures them.
Q 24) Does Police have the power to inspect the premises in which any performing
animals are being trained or exhibited?
A) Yes. If it comes to the knowledge of the Police officer that the training or exhibition
of any performing animal has been accompanied by unnecessary pain or suffering,
Section 25 of The Prevention of Cruelty to Animals Act, 1960, provides that any police
officer not below the rank of sub-inspector may enter at all reasonable times and inspect
any premises in which any performing animals are being trained or exhibited or kept for
training or exhibition and ask for the certificate of registration from the trainer or
exhibitor. Section 26 states that anyone who –
· Obstructs or willfully delays any person or police officer from entry and
inspecting the premises where the Performing Animals are kept
· Conceals any animals with a view to avoiding such inspection
will be punishable on conviction with a fine, which may extend to five hundred rupees, or
with imprisonment, which may extend to three months or with both.
Q 25) Does the Prevention of Cruelty to Animals Act, 1960, provides the powers of
search and seizure to the police?
A) Yes. Section 32 of the Act, states that if a police officer not below the rank of subinspector,
has reason to believe that an offence of cruelty has been committed or that any
person has in his possession the skin of any such animal with any part of the head
attached thereto, he may enter and search place or any place in which he has reason to
believe any such skin to be, and may seize such skin or any article or thing used or
intended to be used in the commission of such offence.
Also, if a police officer, not below the rank of sub-inspector, has reason to believe
that phooka or any other operation of the nature referred to in Section12, has been
performed or will be performed on any animal within the limits of his jurisdiction, he
may enter any place in which he has reason to believe such animal to be, and may seize
the animal and produce it for the examination by the Veterinary Officer in charge of the
area in which the animal is seized.
The Prevention Of Cruelty To Draught And Pack Animals Rules,1965
Q 26) What is the maximum load for draught animals?
A) Below is the table, stating the maximum weight that are allowed for animals or animal
drawn vehicles to carry.
TABLE I
1) Small bullock or
Small buffalo
Two wheeled vehiclea)
if fitted with ball
bearings
b) if fitted with pneumatic
tyres
c) if not fitted with
pneumatic tyres
1000 kilograms
750 kilograms
500 kilograms
2) Medium bullock or
Medium buffalo
Two wheeled vehiclea)
if fitted with ball
bearings
b) if fitted with pneumatic
tyres
c) if not fitted with
pneumatic tyres
1400 kilograms
1050 kilograms
700 kilograms
3) Large bullock or
Large buffalo
Two wheeled vehiclea)
if fitted with ball
bearings
b) if fitted with pneumatic
tyres
c) if not fitted with
pneumatic tyres
1800 kilograms
1350 kilograms
900 kilograms
4) Horse or mule b) if fitted with pneumatic
tyres
c) if not fitted with
pneumatic tyres
750 kilograms
500 kilograms
5) Pony b) if fitted with pneumatic
tyres
c) if not fitted with
pneumatic tyres
600 kilograms
400 kilograms
6) Camel Two-wheeled vehicle 1000 kilograms
27) What is the maximum load permitted on pack animals?
A) Provided is a table giving the maximum loads that may be carried by pack animals
TABLE II
1) Small bullock or buffalo 100 kilograms
2) Medium bullock or buffalo 150 kilograms
3) Large bullock or buffalo 175 kilograms
4) Pony 70 kilograms
5) Mule 200 kilograms
6) Donkey 50 kilograms
7) Camel 250 kilograms
Q 28) What are the powers provided to police officers under The Prevention of
Cruelty to Draught and Pack Animals Rules, 1965?
A) Section 11 of the Act, provides that if a police officer above the rank of a constable
feels that the animal is overloading, he may ask the owner or any other person in charge
of such animal to take the animal or the vehicle or both to the weighbridge for the
purpose of determining the weight of the load which animal has been or is drawing or
carrying.
And if the owner in charge of the aforesaid animal refuses to comply with the
demand of the police officer, the policeman has every right to take the animal or the
vehicle or both to the weighbridge and get it weighted. And as soon as any weight is
determined under this rule, the owner or other person in charge of the said animal shall be
given a statement in writing signed by the police officer as to the weight so determined
and any other information relevant for the purpose.
Q 29) What are the general conditions for the use of draught and pack animals?
A) Section 6 of The Prevention of Cruelty to Draught and Pack Animals Rules, 1965,
lays down the general conditions for the use of draught and pack animals. No person is
allowed to use any animal for drawing any vehicle or carrying any load: -
(i) For an average of more than nine hours in a day;
(ii) for more than five hours continuously without a break or rest for the animal;
(iii) in any area where the temperature exceeds 37 degree C (99 degree F ) during the
period between 12 noon and 3 p.m.This means it is illegal to use draught and
pack animals in North India, Chennai and all other places where the temperature
remains routinely above 40 degrees Celsius in summer.
Q30) What are the other relevant provisions with regard to The Prevention of
Cruelty to Draught And Pack Animals Rules, 1965?
A) The following are the important sections that should be noted, observed and
implemented. These are:
Section 7: - Animals to be disengaged after work:- No person shall continue to keep in
harness any animal used for the purpose of drawing vehicles, after it is no longer needed
for such purpose.
Section 8: - Use of spiked bits prohibited:- No person shall, for the purpose of driving
or riding an animal or causing it to draw any vehicle or for otherwise controlling it, use
any spiked stick or any other sharp tackle or equipment which causes bruises, swellings,
abrasions or sever pain to the animal.
Section 9: - Saddling of horses: - No person shall cause a horse to be saddled in such a
way that the harness rests directly on the animal’s withers without there being sufficient
clearance between the arch or the saddle and the withers.
The Transport of Animals Rules,1978
Q31) What are the general conditions for transport of animals?
A) Section 98 of The Transport of Animals Rules, 1978 provides the general conditions
for transport of animals.
1) Animals to be transported shall be healthy and in good condition. They should be
examined by a veterinary doctor for freedom from infectious diseases and their
fitness to undertake the journey, provided that the nature and duration of the
proposed journey shall be taken into account while deciding upon the degree of
fitness.
2) An animal which is unfit for transport shall not be transported and the animals
that are newborn, diseased, blind, emaciated, lame, fatigued or having given birth
during the preceding seventy-two hours or likely to give birth during transport
shall not be transported.
3) Pregnant and very young animals shall not be mixed with other animals during
transport.
4) Different classes of animals shall be kept separately during the transport
5) Diseased animals, whenever transported for treatment, shall not be mixed with
other animals.
Q32) What should be noted and observed when animals are being transported?
A) As mentioned above, the general conditions laid down in Section 98 of The
Transport of Animals Rules, 1978 should be strictly adhered to. And apart from that,
there are different rules for transporting different categories of animal, provided under
The Transport of Animals Rules, 1978. Overloading of animals amounts to treating of
animals cruelly under Section 11 of The Prevention Of Cruelty to Animals Act, 1960.
If the above general conditions with regard to the transportation of animals are not
met, the animals should be immediately unloaded and sent to the nearest animal
shelter. Some further conditions that must be observed are:
In the case of trucks whose wheelbase is over 142 inches shall not carry more than
six cattle without calves or five with calves.
· The Vehicle transporting them should be large enough to carry animals
comfortably and the animals should not be packed and jammed inside. The
animals should also be protected from the weather.
· Animals are not allowed to be transported by tempo.
· Within the vehicle, partitions, must be provided at every two or three metres
across the width to prevent the crowding and trapping of animals.
· Sufficient food and water shall be carried to last during the journey and
watering facility should be provided at regular intervals.
· First aid equipment should be available in the vehicle.
· Suitable ramps should be provided for loading and unloading the animals.
· Materials for padding such as straw, shall be placed on the floor to avoid injury
and this shall be not less than 5 cm thick.
Apart from this, there are specific rules for transporting different categories of
animals provided under The Transport of Animals Rules, 1978 which specifies the
maximum number of animals that can be carried by different types of vehicles.
Overloading of animals amounts to treating of animals cruelly under Section 11 of
The Prevention of Cruelty To Animals Act, 1960. The offender (in the case of a first
offence) will have to pay a fine which shall extend to fifty rupees and if it is the case
of second offence or subsequent offence committed within three years of the previous
offence, he will be fined with not less than twenty-five rupees but which may extend
to one hundred rupees or with imprisonment for a term which may extend to three
months or with both. Also, in the case of second offence, the offender’s vehicle is
confiscated, and he will never be allowed to keep an animal again.
Q33) What are the Rules of transportation for monkeys provided under The
Transport of Animals Rules, 1978 ?
A) Monkeys are to be transported in suitable wooden or bamboo cages. The following
two sizes of cages shall be used during the transportation of monkeys through rail.
a) 910 x 760 x 510 mm- This cage shall contain not more than twelve monkeys,
weighing between 1.8 and 3.00 kilograms each or ten monkeys weighing
between 3.1 and 5.0 kilograms each
b) 710 x 710 x 519 mm- This cage shall contain not more than ten monkeys
weighing between 1.8 and 3.00 kilograms each or eight monkeys weighing
between 3.1 and 5.00 kilograms each.
Also, not more than one cage shall be placed over the other and gunny packing shall
be placed between two cages, when one is placed over the other.
But when the monkeys are transported by air the following two sizes of cages shall
be used:
(a) 460 x 460 x 460 mm- This cage shall contain not more than ten monkeys
weighing from 1.8 to 3.0 kilograms each or four monkeys weighing from 3.1
to 5.0 kilograms each
(b) 760 x 530 x 460 mm :- This cage shall contain not more than ten monkeys
weighing from 1.8 to 3.0 kilograms each or eight monkeys weighing from 3.1
to 5.0 kilograms each.
Q34) What is the distance between different types of gauges of railway tracks?
A) Gauge is the distance between two parallel railway tracks where;
a) In Broad Gauge the distance between two tracks is 5 feet 6 inches
b) In Metre Gauge the distance between two tracks is 3 feet 3 inches
c) In Narrow Gauge the distance between two tracks is 2 feet 6 inches)]
Q 35) What are the Rules of transportation for Cattle provided under The
Transport of Animals Rules, 1978?
A) When cattle are to be transported by rail an ordinary goods wagon shall carry not
more than ten adult cattle or fifteen calves on broad gauge, not more than six adult cattle
or ten calves on meter gauge, and not more than four adult cattle or six calves on narrow
gauge. While transporting cattle by goods vehicle, only six cattle can be loaded per truck.
The permissible loading in a truck is only 4 buffaloes, and truck having wheelbase below
142 inches, shall not carry more than five cattle without calves or four with calves.
Q36) What are the Rules for transportation of Equines provided under The
Transportation of Animals Rules, 1978?
A) For the transport of equines by rail, an ordinary goods wagon shall not carry more
than eight to ten horses or ten mules or ten donkeys on broad gauge and not more than six
horses or eight donkeys on meter- gauge.
If equines are to be transported by a goods vehicle, each vehicle may not carry more than
four to six equines.
With regard to the transport of equines by sea, horses may normally be accommodated in
single stalls and mules in pens, each pen holding a maximum of four to five mules.
Q37) What is the Rule for transportation of sheep and goats provided under “The
Transportation of Animals Rules, 1978?”
Following is the chart of transport of sheep and goats through railway wagon, for
different gauge.
Broad Gauge Metre Gauge Narrow Gauge
In the area of a
wagon less thann
21.1 sq Metres
permissible
number of sheep
or goats is 70
In the area of a
wagon 21.11 Sq
Metres and above
permissible
number of sheep or
goat is 100
In the area of a Wagon
less than 12.5 Sq
Metres permissible
number of sheep or
goats is 50
In the area of a wagon 12.5
Sq Metres and above
permissible number of sheep
or goats is 60
Goods vehicle of capacity of 5 or 4.5 tons, which are generally used for transporting
animals, shall not carry more than forty sheep or goats.
38) What are the rules provided for the transportation of poultry by rail, road and
air?
A) Containers are used for transporting poultry by rail, road and air. The crates used for
transporting poultry must be sterilized and may not be piled one above the other. There
are specific numbers of poultry that may be accommodated in such containers.
Type of Poultry Number in a container
1) Month old chicks 24
2) Three-month old chicks 12
3) Adult stock (excluding geese and
turkeys)
12
4) Geese and turkeys 10 young
2 growing
1 adult
5) New born chicks 80
6) Poult 60
Q39) What are the Rules provided for the transportation of pigs by rail or road?
A)In transport of pigs by road, goods vehicles, which are generally used for transporting
of animals, shall not carry more than twenty pigs.
While transporting pigs by rail, no railway wagon shall accommodate more than the
number of pigs as provided in the following table: -
Broad Gauge Metre Gauge Narrow Gauge
In the area of a
wagon less than
21.1 Sq Metres
number of pigs
allowed is 35
In the area of
wagon more
than 21.1 Sq
Metres number
of pigs allowed
is 50
In the area of
wagon less than
12.5 Sq Metres
number of pigs
allowed is 25
In the area of
wagon more
than 12.5 Sq
Metre the
number of pigs
allowed is 30
Not Allowed
· Only four passengers excluding the driver are allowed on a tonga or a total of
325 kgs.
Q40) Are there any regulations regarding transporting animals by foot?
A) Yes. The Prevention of Cruelty to Animals (Transport of Animals on Foot) Rules
2001 applies wherever the distance involved is 5 Km or more.
· Each animal must be certified healthy by a Vet in the prescribed form.
· The owner must provide first aid equipment to accompany the animals as
well as make proper watering and fodder arrangements en route. Animals
must be rested for 20 minutes after watering and one hour after feeding.
· No whip or stick may be used to hurry up the animals.
· No animals shall be tied by the nose or leg, only around the neck. Only
two animals and only of the same size may tied adjacent to one another
using a single rope. The space between then shall be a minimum of two
feet.
· No animals shall be transported on foot before sunrise or after sunset or
during heavy rain or extremely dry conditions.
· Heavily pregnant, new born, blind, emaciated, diseased and lame animals
may not be taken on foot.
· Animals who are not shod eg. goats, elephants etc cannot be transported
on foot on hard cement or metal tarred roads or rocky terrain.
· Any police officer above the rank of constable or any other person
authorized by Central or State Govt or AWBI can require any owner who
is violating these rules to take the animals to the nearest magistrate.
The Prevention of Cruelty to Animals( Slaughter House) Rules,2001
Q 41) What Laws governs slaughterhouses?
A ) There are certain rules provided under The Prevention Of Cruelty To Animals
Act,1960 namely Slaughter House Rules, 2001.
Section 2(c) of the above mentioned Act defines ‘slaughterhouse’ as a place wherein 10
or more than 10 animals are slaughtered per day and is duly licensed or recognized under
a Central, State or Provincial Act or any rules or regulations made thereunder.
Section 3(1) of the above mentioned Act provides that animals cannot be slaughtered
except in a recognized and licensed slaughter house.
Section 3(2), prohibits slaughtering of any animal
· which is pregnant or
· has an offspring less than three months old, or
· the animal which is under the age of three months or
· which has not been certified by a Veterinary Doctor that it is in a fit condition to
be slaughtered.
Q42) Is slaughtering of an animal apart from in the slaughter house, legal ?
A) Wherever there is a Government slaughterhouse, slaughter cannot be done anywhere
else. If there is no government slaughterhouse in that area then killing can only take place
in licensed slaughterhouse, which should be situated, where they are not a public
nuisance or an environmental hazard. These slaughterhouses have to follow all Municipal
Corporation laws and the ISI regulations. No animals can be slaughtered in slums, in
roadside meat shops or in dhabas or in private houses. Slaughtering of any animal at any
place other than a licensed slaughterhouse is prohibited. .
With regard to environmental hazard and public nuisance. Smt. Maneka Gandhi moved
the Delhi Court against the Idgah Slaughterhouse of Delhi, in the larger public interest.
The court gave the following directions, which apply, to all slaughterhouses:
(1) Children below the age of 18 years shall not be allowed to work in the
slaughterhouse
(2) Each Slaughterhouse has a licence for a prescribed number of animals. The
number of animals slaughtered may not exceed 2500 per day, i.e. 2,000 sheep and
goats and 500 buffaloes.
(3) There should be adequate number of veterinary doctors for the purpose of proper
examination of animals thoroughly before issuing a fitness certificate for the
animals to be slaughtered.
(4) Compounding fee in respect of sheep/goats is increased from Rs 50 to Rs 500 and
for buffaloes from Rs 200 to Rs 2000.
(5) The maximum number of animals allowed to be carried in open trucks must not
exceed 40 goats/sheep and 4 buffaloes.
(6) The slaughterhouse should have proper light, electricity, fans and coolers in its
various section.
According to the Municipal laws, if there is a Municipal Authorised slaughterhouse
then there can be no private slaughterhouse and no licence can be issued to such
slaughterhouses, as they are illegal.
As per the Indian Standard (IS), the basic requirement for a slaughterhouse are as
follows :-
a) Slaughterhouse may be located outside or on the periphery of a city or town and
away from an airport.
b) There must be services of potable water, electricity and proper hygienic sewage
disposal facilities.
c) There must be a resting place for the animals before slaughter.
d) There must be adequate facilities for ‘before-killing’ inspection.
e) Carrying out of humane slaughter
f) Flaying, dressing and washing of the carcasses
g) Inspection of meat and disposal of meat unfit for human consumption.
If any slaughterhouse does not adhere to these standards, it cannot be licensed.
The Prevention of Cruelty to Animals (Slaughter House) Rules, 2001 prescribes the
following requirements for a slaughterhouse.
Section 4 (1) to (8) states that: -
· The slaughterhouse shall have a reception area of adequate size sufficient for
livestock subject to veterinary inspection.
· The veterinary doctor after examining the animal shall issue a fitness
certificate for each animal.
· The veterinary doctor shall examine thoroughly not more than 12 animals in
an hour and not more than 96 animals in a day
· The reception area of slaughter house shall have proper ramps for direct
unloading of animals from vehicles or railway wagons and the said reception
area shall have adequate facility sufficient for feeding and watering of
animals
· Separate isolation pens shall be provided in slaughter house with watering
and feeding arrangements for animals suspected to be suffering from
contagious and infectious diseases, and fractious animals, in order to
segregate them from the remaining animals.
· Adequate holding area shall be provided in slaughterhouse according to the
class of animals to be slaughtered.
· Ante-mortem (before death) and pen area shall preferably be covered and
shall be paved with material such as concrete non slippery herring bone type
or brick suitable to stand wear and tear by hooves, and suitable drainage
facilities shall be provided around the borders of the area except at the
entrances.
Section 5 (1) to (5) states that:-
· Every animals after veterinary examination shall be passed on to a resting
place, adequate in size and sufficient for the number of animals for resting
for 24 hours before slaughtering.
· The space provided in the pens shall be not less than 2.8 sqm per large
animal and 1.6 sqm. per small animal.
· The animals shall be kept separately depending on their type and class
and protected from heat and rain.
· The resting place shall have adequate facilities for watering and postmortem
inspection..
Q43) What are the Laws, Rules governs Meat Shops or Stalls?
A) Meat shop refers to the shop that does not kill the animal but sells the meat. There are
rules that regulates such outlets. The Bureau of Indian Standard rules deals with the basic
requirements for a stall for sale of meat of small and large animals. It is the norm to be
followed for licensing and regulating the sale of meat and maintenance of hygienic
conditions of the meat stall. It states that-
· All meat stalls can only be set up in designated places, as a unit of a meat market
and shall be located at a place away from vegetable or other food markets
· The meat shall be free from undesirable odour, smoke, dust or other contaminants
· The main services, such as potable water supply, electricity and proper hygienic
sewage disposal facilities are essential prerequisites
· A block shall consists of a number of meat stalls and shall be enclosed in
compound walls which barricades entry of dogs, cats, birds and other undesirable
elements into the block
· Each block shall be provided with potable water storage supply tank with taps to
facilitate withdrawal of water by meat stalls
· A meat stall shall consist of a meat preparation room, sales counter or ante-room
and covered passage in front or a verandah for customers
· The meat preparation room may be of minimum 3.75 x 3m x3m for small animals
and 4.5 x 4.5 x 4.5 m for large animals depending on the stock
· Screened ventilators shall be provided near the ceiling for facilitating cross
ventilations
· Care should be taken that no direct sunlight falls on the dressed carcasses.
· The room shall suitably be made fly-proof and provided with fly-traps
· The floors of all the rooms shall be of such construction that easy washing and
cleaning with water is possible.
· A covered passage protected from the rain and sun shall be provided in the meat
stall for the customers
· Each stall shall be provided with a water tap
· The Knives, tools, and hooks used shall be of stainless steel.
Q44) Is it crime to kill or sell camel’s meat?
A) Camel’s meat is not notified a item of food, as per the provisions of the Prevention of
Cruelty to Animals Act, 1960. Presently, provision is available only for slaughtering
cattle, goats, sheep and pigs, within the Corporation limits. There is no qualified
Veterinary Surgeon, who can certify the fitness of a camel or the suitability of its meat
for consumption by human beings, or a licensed person to slaughter a camel. There are no
licensed persons within the Corporation limits for the sale of camel’s meat. The license to
sell beef will not enable the sale of camel’s meat.
Q 45) Is slaughtering of cows on Bakri-id considered illegal?
A) .No animal can be slaughtered except goats. The Division Bench of Calcutta has ruled
that the slaughter of cows by members of Muslim community on Bakri-eid day is not a
requirement of the Muslim religion and should be banned. The Supreme Court has upheld
this decision.
The Prevention of Cruelty To Animals (Slaughter House) Rules, 2001 provides that no
one can slaughter animals in slums, in roadside meat shops or in dhabas or in private
houses. This rule applies in the slaughtering of goats on Bakri-Eid. Slaughter can only
take place in government designated Idgahs, but not in mosques.
Laws on Animal Sacrifice
Q46) Is it illegal to sacrifice animals ?
A) Yes, animal sacrifice is illegal. The act of animal sacrifices is covered under
Local Municipal Corporation Acts, Prevention of Cruelty to Animals Act,
1960, Wildlife (Protection) Act, 1972, Indian Penal Code (IPC). It is also
specifically forbidden in the following states under The Prohibition of Bird
and Animal Sacrifice Act:
a) Andhra Pradesh
b) Gujarat
c) Karnataka
d) Kerala
e) Pondicherry
f) Rajasthan
g) Tamil Nadu
· Local Municipal Corporation Acts:
Municipalities laws prohibit the slaughter of any animal within a Corporation area,
other than in a licensed slaughterhouse. Since temples and streets, where animal
sacrifices usually occur, are unlicensed, it becomes illegal to slaughter animals at these
places.
· The Prevention of Cruelty to Animals Act, 1960
The Act, prohibits the infliction of unnecessary pain and suffering on an animal and
makes such unnecessary pain and suffering a penal offence. Sub- section (3) of section 11
PCA says that it is the duty of every person having the care and charge of any animal to
take all reasonable measure to ensure the well being of such animal and to prevent the
infliction of unnecessary pain or suffering. The penalty under this Act is, the offender (in
the case of a first offence) will have to pay fine which shall extend to fifty rupees and if it
is the case of second offence or subsequent offence committed within three years of the
previous offence, he will be fined with not less than twenty-five rupees but which may
extend to one hundred rupees or with the imprisonment for a term which may extend to
three months or with both. Also, in the case of second offence, the offender’s vehicle is
confiscated, and he will never be allowed to keep an animal again.
· Wildlife (Protection) Act, 1972
This Act prohibits injury to any wild animal, which is considered to be government
property, under section 39. The definition of an “animal” in the Act includes amphibians,
birds, reptiles and mammals and their young. In the case of bird and reptiles, even their
eggs are included in this category. Section 51 of the Act provides the penalty for the
person guilty of an offence under this Act. The accused on conviction, will be punishable
with imprisonment for a term of three years or with fine of twenty- five thousand rupees
or with both. And in the case of a second or subsequent offence, the term of
imprisonment will be seven years with fine of ten thousand rupees.
· Indian Penal Code (IPC):
Under Section 268 of IPC, 1860 a person is guilty of a public nuisance who does any
act or is guilty of an illegal omission which causes any common injury, danger or
annoyance to the public or to the people in general who dwell or occupy property in
the vicinity or which must necessarily cause injury, obstruction, danger or annoyance
to persons who may have persons who may have occasion to use any public right. A
common nuisance is not excused on the ground it causes some convenience or
advantage. Under 269/270It can be a negligent act or a malignant act which can
spread infection or disease dangerous to life. These sections enable a person to file a
charge sheet to prohibit the killing of an animal or the sale of the meat obtained from
sacrificed animals, in any public place, other than those which are registered for this
purpose. Also, the killing of an animal in public place amounts to public nuisance,
and annoyance to the public.
The Experiments On Animals( Control And Supervision) Rules,1968
Q 47) What does the law say regarding the conducting of experiments on animals?
A) Section 4 of the Experiments on Animals ( Control and Supervision ) Rules, 1968 lays
down certain conditions regarding the conducting of experiments which are as follows :-
e) Experiments should be performed with due care and humanity
f) Experiments shall be performed in every case by or under the
supervision of persons duly qualified, in a laboratory
adequately equipped and staffed for the purpose and under the
responsibility of the person performing the experiment.
g) Minimum number of animals shall be used in an experiment
h) Experiments involving operative procedure more severe than
simple inoculation or superficial venesection shall be
performed under the influence of anaesthetic of sufficient
power to prevent the animal feeling pain and it shall remain so
throughtout the experiment.
i) The experiment shall not be performed for the purpose of
attaining or retaining manual skill.
j) Experiment shall not be performed by way of an illustration of
lecture in schools or colleges
k) Experiments shall not be performed as a public demonstration
except for advancement of knowledge
l) The substance known as Urari or Curari or any such paralysant
shall not be used or administered for the purpose of any
experiment except in conjunction with anaesthetic of sufficient
depth to produce loss of consciousness;
Q 48) Is it illegal to sell animals for experiments?
A) Yes, it is illegal to sell animals for experiments. Section 4A of The Experiments on
Animals (Control and Supervision) puts restriction on sale etc., of animals for
experiments. It says that no officer, employee or agent of any animal-control authority
shall sell, give, transfer, trade, supply or otherwise provide any animal coming into his or
her possession to any animal dealer, commercial kennel, pet shop, laboratory, educational
institution or other person for the use in research, product development testing, education,
biological production or other scientific, biomedical or veterinary purposes. Also the
hospital, educational institution, laboratory or any person is prohibited to purchase or
accept any dog or cat not purposely bred for research from any animal-control authority,
commercial kennel, pet shop or animal dealer for use in research, product development,
testing, education, biological production, or other scientific, biomedical or veterinary
purpose.
The Wildlife Protection Act,1972
Q 49) What kind of birds is it legal to keep?
A) No Indian birds can be legally kept under the Wildlife Protection Act, 1972. Only
exotic species can be kept and that too if the seller/ owner establishes that they have come
from outside the country. In order to prove that, the seller must have an import licence
and permission from the CITES Bureau.
CITES or the United Nations Convention on International Trade In Endangered Species
of Wild Fauna And Flora came into effect in order to protect rare and endangered species
of wild fauna and flora against over-exploitation. The convention ensures that
international trade does not pose a threat to the survival of species in the wild.
The convention also provides strict regulation over export of those species threatened by
trade.
Even the keeping of a permissible bird must be in conformity with the provisions of
Section 11 of the Prevention of Cruelty to Animals Act, which stipulates that any person
who keeps and confines any animal in any cage which does not measure sufficiently to
permit the bird a reasonable opportunity of movement or does not provide the bird with
sufficient food, drink and shelter shall be guilty of treating that bird cruelly. The failure to
comply with these provisions of Section 11 of PCA is a punishable offence and the
offender would be liable to be arrested and punished. Hence the sane and safe course of
action is to let the birds go free.
Q 50) What does the law say about selling wild birds in the local market?
A) The word ‘ wild bird’ means a bird that has come under the purview of The Wildlife
Protection Act, 1972, which extends its protection to about 122 species of birds.
Section 9 of the WPA prohibits hunting of wild birds. “Hunting” in common parlance
signifies the pursuit, trapping and then killing of an animal. But under the WPA ‘hunting’
also includes capturing and trapping of any wild animal. Further, Section 57 of W.P.A
raises a legal presumption that if a person is in possession, custody or control of any
captive animal (including wild birds), it shall be presumed that such a person is not in
lawful possession of such a captive animal. Hence, a person selling a wild bird in the
local market is guilty of the offence of ‘hunting’ and is liable to be punished with
imprisonment for a term, which may extend to three years as stipulated under Section 51
of the WPA.
Q 51) Does the Police have the power to arrest under the Wildlife Protection Act?
A) Section 50 of WPA authorizes the Director, or the Chief Wildlife Warden or any
officer authorized by them or any forest officer or any police officer not below the rank
of sub-inspector to arrest any person without warrant and detain him, if the arresting
officer has reasonable grounds for believing that such person has committed an offence
against the WPA. Section 51(1) of the WPA stipulates that any person who contravenes
any provision of Act or any rule or order made thereunder shall be guilty of an offences
under this Act and shall, on conviction, be punishable with imprisonment for a term
which may extend to three years or with fine which may extend to twenty-five thousands
rupees or with both.
Q 52) What are the duties and responsibilities of Honorary Wildlife Wardens?
A) Honorary Wildlife Wardens are appointed under sub-section (c) of section 4 of the
Wildlife Protection Act, 1972 and are deemed to be public servants. The main duty and
responsibility of an Honorary Wildlife Warden is to assist wholeheartedly the State
organization responsible for wildlife conservation work, especially with regard to the
following matters:
a) Control of poaching and clandestine trade in wild animals and products/articles
thereof
b) Detection and prosecution of offences under the Wildlife (Protection) Act and the
Rules made thereunder
c) Preventing damage to the habitat of wildlife
d) Identification and selection of areas suitable to be declared as sanctuaries, national
parks, closed areas, etc., as well as measures for their proper protection
e) Measures for dealing with the problem of damage by wild animals to life and
property, including the assessment and payment of compensation, etc.
f) Carrying the message of conservation to the people and enlisting public support
for nature and wildlife conservation. The effort should be specially directed
towards the communities living in or near the declared wildlife reserves.
g) Any other matter connected with the protection of wildlife, which may be
entrusted by the Wildlife Advisory Board or the Chief Wildlife Warden of the
State, from time to time.
Along with , their duties Honorary Wildlife Wardens have specific powers delegated
to them under the Wildlife Protection Act, 1972, for making them useful and
effective. These powers are:
(a) Power to inspect records of the licenses under section 47 (b) of the Act
(b) Powers of entry, search, seizure, and detention under Section 50 for the
prevention and detection of offences.
(c) They are also authorized to complaint in court in accordance with Section
55 of the Wildlife Protection Act, 1972.
Q 53) What is the law that pertains to madaris/kalandars?
A) No private person in India is allowed to capture, own, buy, sell, train or show any
wild animals for public exhibition. The animals that are sued by madaris; i.e. monkeys,
snakes, bears, mongooses, parakeets are all protected by the Wildlife Protection Act,
1972 and cannot be used. Section 22 of the Performing Animals Rules of the Prevention
of Cruelty to Animals Act, 1960 is also applicable. Since, both are cognizable offences,
the madari can be arrested on the spot, and the animal confiscated and handed over to the
Wildlife Dept, Zoo or a Local Animal Welfare Shelter. In the case of healthy snakes,
mongooses or birds, the animals should be released in a wooden area.
Q 54) Can anyone including the Government hire people with langurs to drive away
monkey from their premises?
A) No, this is illegal. Langurs are covered under the Wildlife Protection Act making it
illegal to buy, sell, own or keep them. If a madari is not allowed to own a protected
species, how can he use that animal in his trade or profession and how can Government
recognize the illegal use of an animal. The person recruiting the madari and langur is to
be arrested under the same laws as the madari.