Animal Laws

-1-
THE RIGHT TO PERSONAL LIFE AND LIBERTY 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.
[The Constitution of India, Article 21]

-1a-
THE STATE SHALL ENDEAVOUR TO ORGANISE AGRICULTURE AND ANIMAL HUSBANDRY ON MODERN AND SCIENTIFIC LINES AND SHALL, IN PARTICULAR, TAKE STEPS FOR PRESERVING AND IMPROVING THE BREEDS, AND PROHIBITING THE SLAUGHTER, OF COWS AND CALVES AND OTHER MILCH AND DRAUGHT CATTLE.
[The Constitution of India, Article 48]

-1b-
THE STATE SHALL ENDEAVOUR TO PROTECT AND IMPROVE THE ENVIRONMENT AND TO SAFEGUARD THE FORESTS AND WILD LIFE OF THE COUNTRY.
[The Constitution of India, Article 48A]

-1c-
IT IS THE FUNDAMENTAL DUTY OF EVERY CITIZEN OF INDIA TO PROTECT AND IMPROVE THE NATURAL ENVIRONMENT INCLUDING FORESTS, LAKES, RIVERS AND WILD LIFE, AND TO HAVE COMPASSION FOR LIVING CREATURES.
[The Constitution of India, Part IV, Article 51A(g).]

-2-
WHOEVER KNOWINGLY OR NEGLIGENTLY OMITS TO TAKE SUCH ORDER WITH ANY ANIMAL IN HIS POSSESSION AS IS SUFFICIENT TO GUARD AGAINST ANY PROBABLE DANGER TO HUMAN LIFE, OR ANY PROBABLE DANGER OF GRIEVOUS HURT FROM SUCH ANIMAL, SHALL BE PUNISHED WITH IMPRISONMENT OF EITHER DESCRIPTION FOR A TERM WHICH MAY EXTEND TO SIX MONTHS, OR WITH FINE WHICH MAY EXTEND TO ONE THOUSAND RUPEES, OR WITH BOTH.
[The Indian Penal Code,1860, Sec.289.]

-2a-
WHOEVER VOLUNTARILY HAS CARNAL INTERCOURSE AGAINST THE ORDER OF NATURE WITH ANY ANIMAL, SHALL BE PUNISHED WITH IMPRISONMENT FOR LIFE, OR WITH IMPRISONMENT OF EITHER DESCRIPTION FOR A TERM WHICH MAY EXTEND TO TEN YEARS AND SHALL ALSO LIABLE TO FINE.
[The Indian Penal Code, 1860, Sec.377.]

-2b-
WHOEVER COMMITS MISCHIEF BY KILLING, POISONING, MAIMING OR RENDERING USELESS ANY ANIMAL OR ANIMALS – INCLUDING STRAY ANIMALS – OF THE VALUE OF TEN RUPEES OR UPWARDS, SHALL BE PUNISHED WITH IMPRISONMENT OF EITHER DESCRIPTION FOR A TERM WHICH MAY EXTEND TO TWO YEARS, OR WITH FINE, OR WITH BOTH.
[The Indian Penal Code, 1860, Sec.428.]

-2c-
WHOEVER COMMITS MISCHIEF BY KILLING, POISONING, MAIMING OR RENDERING USELESS, ANY ELEPHANT, CAMEL, HORSE, MULE, BUFFALO, BULL, COW OR OX, WHATEVER MAY BE THE VALUE THEREOF, OR ANY OTHER ANIMAL OF THE VALUE OF FIFTY RUPEES OR UPWARDS, SHALL BE PUNISHED WITH IMPRISONMENT OF EITHER DESCRIPTION FOR A TERM WHICH MAY EXTEND TO FIVE YEARS, OR WITH FINE, OR WITH BOTH.
[The Indian Penal Code, 1860, Sec.429.]

-2d-
INTIMIDATION IS A CRIMINAL OFFENCE WHICH IS COGNIZABLE. ANYONE WHO THREATENS OR INTIMIDATES ANY PERSON TAKING CARE OF DOGS IS LIABLE FOR CRIMINAL INTIMIDATION AND CAN BE ARRESTED WITHOUT A WARRANT.
[The Indian Penal Code,1860, Sec.503.]

-3-
GIVING AN ANIMAL ANY INJURIOUS SUBSTANCE IS AN OFFENCE. IT IS ILLEGAL TO PUT OUT POISONED FOOD.
(Sec.11, The PCA Act,1960.)

-3a-
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 PENAL ACTION.
(Sec.11, The PCA Act,1960.)

-3b-
ABANDONING ANY ANIMAL FOR ANY REASON IS AN OFFENCE AND IS PUNISHABLE FOR IMPRISONMENT FOR UP TO THREE MONTHS.
[Sec.11(1)(i) & (j), The PCA Act, 1960.]

-3c-
ORGANIZING OF OR PARTICIPATING IN OR INCITING ANY ANIMAL FIGHT IS A COGNIZABLE OFFENCE.
[Sec.11(1)(m)(ii) and Sec.11(1)(n), PCA Act, 1960.]

-3d-
NEGLECTING AN ANIMAL BY DENYING HER SUFFICIENT FOOD, WATER, SHELTER AND EXERCISE OR BY KEEPING HIM CHAINED/CONFINED FOR LONG HOURS IS PUNISHABLE BY A FINE OR IMPRISONMENT OF UP TO 3 MONTHS OR BOTH.
[Sec.11(1)(h), The PCA Act, 1960.]

-3e-
TRANSPORT ANY ANIMAL IN ANY MANNER THAT WILL CAUSE HIM OR HER UNNECESSARY SUFFERING. THIS INCLUDES LOADING COWS INTO TRUCKS WITHOUT RAMPS AND OVERCROWDING THE VEHICLE AS WELL AS TYING UP PIGS AND CARRYING THEM ON CYCLES AND VIOLATIONS ARE PUNISHABLE WITH A FINE OF RS 100 AND/OR UP TO THREE MONTHS IN JAIL.
[Sec.11, The PCA Act, 1960.]

-3f-
BEARS, MONKEYS, TIGERS, PANTHERS, LIONS AND BULLS ARE PROHIBITED FROM BEING TRAINED AND USED FOR ENTERTAINMENT PURPOSES, EITHER IN CIRCUSES OR STREETS.
[Sec. 22(ii), The PCA Act,1960.]

-3g-
IT IS ILLEGAL TO SLAUGHTER ANIMALS AT PLACES LIKE TEMPLES AND STREETS, THAT ARE NOT LICENSED TO DO SO.
[The PCA Act, 1960.]

-3h-
NO ANIMAL (INCLUDING CHICKENS) CAN BE SLAUGHTERED IN ANY PLACE OTHER THAN A SLAUGHTERHOUSE. SICK OR PREGNANT ANIMALS SHALL NOT BE SLAUGHTERED.
[Rule 3, of The PCA(Slaughterhouse) Rules, 2001 and Chapter 4, Food Safety and Standards Regulations, 2011.]

-4-
STRAY DOGS THAT HAVE BEEN OPERATED FOR BIRTH CONTROL CANNOT BE CAPTURED OR RELOCATED BY ANYBODY INCLUDING ANY AUTHORITY.
[The ABC Rules, 2001.]

-4a-
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.
[The ABC Rules, 2001.]

-4b-
DOGS CAN BE STERILIZED ONLY WHEN THEY HAVE ATTAINED THE AGE OF ATLEAST 4 MONTHS AND NOT BEFORE THAT.
[The ABC Rules, 2001.]

-5-
MONKEYS CANNOT BE DISPLAYED OR OWNED AND ARE PROTECTED.
[The Wildlife (Protection)Act,1972.]

-5a-
TEASING, FEEDING OR DISTURBING THE ANIMALS IN A ZOO AND LITTERING THE ZOO PREMISES IS AN OFFENCE PUNISHABLE BY A FINE OF RS.25,000/- OR IMPRISONMENT OF UP TO THREE YEARS OR BOTH.
[Sec.38J, The Wildlife (Protection) Act, 1972.]

-5b-
CAPTURING, TRAPPING, POISONING OR BAITING OF ANY WILD ANIMAL OR EVEN ATTEMPTING TO DO SO IS PUNISHABLE BY LAW, WITH A FINE OF UP TO RS.25,000/- OR IMPRISONMENT OF UP TO SEVEN YEARS OR BOTH.
[Sec.9, The Wildlife (Protection) Act, 1972.]

-5c-
DISTURBING OR DESTROYING EGGS OR NESTS OF BIRDS AND REPTILES OR CHOPPING A TREE HAVING NESTS OF SUCH BIRDS AND REPTILES OR EVEN ATTEMPTING TO DO SO CONSTITUTES TO HUNTING AND ATTRACTS A PUNISHMENT OF A FINE OF UP TO RS.25,000/-, OR IMPRISONMENT OF UP TO SEVEN YEARS OR BOTH.
[Sec.9, The Wildlife (Protection) Act, 1972.]

-6-
ANIMAL SACRIFICE IS ILLEGAL IN EVERY PART OF THE COUNTRY.
[Rule 3, Slaughterhouse Rules, 2001.]

-7-
COSMETICS TESTED ON ANIMALS AND THE IMPORT OF COSMETICS TESTED ON ANIMALS IS BANNED.
[Rules 148-C and 135-B of The Drugs & Cosmetics Rules, 1945.]

-8-
CONVEYING OR CARRYING ANIMALS WHETHER IN OR UPON ANY VEHICLE, IN ANY MANNER OR POSITION WHICH CAUSES DISCOMFORT, PAIN OR SUFFERING IS A PUNISHABLE OFFENCE.
[Sec.11(1)(d)of The PCA Act (Transport of Animal) Rules, 2001 and The Motor Vehicles Act, 1978.]

-8a-
ANIMALS SHOUD BE HEALTHY AND IN GOOD HEALTH CONDITION WHILE TRANSPORTING THEM. ANY ANIMAL THAT IS DISEASED, FATIGUED OR UNFIT FOR TRANSPORT SHOULD NOT BE TRANSPORTED. FURTHERMORE, PREGNANT AND VERY YOUNG ANIMALS SHOULD BE TRANSPORTED SEPARATELY.
[Sec.98 of The PCA Act (Transport of Animal) Rules.]

-9-
ENSURING ENVIRONMENTAL SUSTAINABILITY, ECOLOGICAL BALANCE, PROTECTION OF FLORA AND FAUNA, ANIMAL WELFARE, AGROFORESTRY, CONSERVATION OF NATURAL RESOURCES AND MAINTAINING QUALITY OF SOIL, AIR AND WATER IS A RECOGNISED CSR ACTIVITY.
[Sec.135 Schedule VII(vi),The Companies Act, 2013]

-10-
IT IS ILLEGAL TO THROW ACID ON COWS (SOMETHING THAT VEGETABLE SELLERS DO AS A MATTER OF ROUTINE). THE CODE ALSO MAKES IT ILLEGAL FOR CARS TO PURPOSEFULLY INJURE OR KILL DOGS, CATS AND COWS ON THE STREET. OFFENDERS CAN BE REPORTED TO THE LOCAL ANIMAL PROTECTION GROUP AND POLICE STATION AND A CASE FILED UNDER THE ABOVE-REFERENCED SECTIONS. PUNISHMENT IS A FINE OF RS.2000/- AND/OR A JAIL TERM OF UP TO FIVE YEARS.

-11-
KEEPING OR CONFINING ANY ANIMAL CHAINED FOR LONG HOURS WITH A HEAVY CHAIN OR CHORD AMOUNTS TO CRUELTY ON THE ANIMAL AND IS PUNISHABLE BY A FINE OR IMPRISONMENT OF UPTO 3 MONTHS OR BOTH.

-12-
IT IS ILLEGAL TO KILL HOMELESS ANIMALS. CITIZENS MAY ONLY REPORT WHAT THEY PERCEIVE AS A NUISANCE TO THE MUNICIPAL AUTHORITIES. THE MUNICIPALITY IS REQUIRED TO MAINTAIN AN ANIMAL POUND FOR ANIMALS. AFTER 1992, IT BECAME ILLEGAL FOR MUNICIPALITIES TO KILL STRAY DOGS. THE HIGH COURTS OF DELHI, RAJASTHAN, GUJARAT, MUMBAI AND SEVERAL OTHER STATES HAVE SPECIFICALLY FORBIDDEN THE KILLING OF STRAY DOGS AND HAVE DIRECTED THE MUNICIPALITY TO INTRODUCE A SENSIBLE STERILISATION PROGRAMME INSTEAD. THE ANIMAL WELFARE BOARD OF INDIA HAS ESTABLISHED A CODE OF CONDUCT FOR MUNICIPALITIES. FAILURE TO FOLLOW THE CODE CAN INVITE CONTEMPT OF COURT PROCEEDINGS.

-13-
STRAY ANIMALS MAY NOT BE USED FOR RESEARCH. THE RULES FOR EXPERIMENTAL ANIMALS, AS FORMULATED BY THE COMMITTEE FOR THE CONTROL AND SUPERVISION OF EXPERIMENTAL ANIMALS, STATE THAT ONLY ANIMALS BRED FOR THE PURPOSE OF RESEARCH BY INSTITUTES REGISTERED BY THE COMMITTEE MAY BE USED FOR EXPERIMENTATION (ALTHOUGH, OF COURSE, SUCH ANIMALS SUFFER AND FEEL PAIN JUST AS MUCH AS STRAYS OR ANY OTHER ANIMAL). IT IS ILLEGAL FOR ANY MEDICAL, EDUCATIONAL OR COMMERCIAL RESEARCH INSTITUTE TO PICK UP STRAY ANIMALS FROM THE STREET OR FROM THE MUNICIPAL POUND FOR THIS PURPOSE.

-14-
WHEN YOU SEE A DOG OR COW BEING HIT OR STONED, BE SURE TO INFORM THE OFFENDER OF THE LAW AND GET HIM OR HER TO STOP. SHOULD THE ABUSE PERSIST, REGISTER AN FIR AT THE CLOSEST POLICE STATION. DO NOT BECOME DISCOURAGED IF THE POLICE DO NOT, AT FIRST, TAKE YOU SERIOUSLY. IN MANY CASES, THEY MAY NOT KNOW THE LAWS PERTAINING TO ANIMALS. BE POLITE BUT FIRM.

-15-
IF THE MUNICIPALITY IN YOUR AREA IS STILL CRUELLY KILLING HOMELESS DOGS, MAKE AN APPOINTMENT WITH THE MUNICIPAL COMMISSIONER. INFORM THE COMMISSIONER THAT IT HAS BEEN PROVEN THAT CRUELLY KILLING DOGS REDUCES NEITHER THEIR NUMBER NOR THE INCIDENCE OF BITES AND RABIES AND THAT THE COURTS HAVE RULED THAT IT IS ILLEGAL TO CRUELLY KILL STRAY ANIMALS. THE ANIMAL WELFARE BOARD OF INDIA HAS DEVELOPED A SET OF GUIDELINES FOR ALL MUNICIPALITIES DIRECTING THE IMPLEMENTATION OF THE ANIMAL BIRTH CONTROL (ABC) PROGRAMME. IF THERE IS AN ANIMAL WELFARE ORGANIZATION IN THE AREA, URGE IT TO TAKE UP THE ABC PROGRAMME.

-16-
IT IS ILLEGAL FOR A MUNICIPALITY TO ROUND UP STRAY DOGS AND ABANDON THEM OUTSIDE CITY LIMITS, AS IT PLACES THEM IN CIRCUMSTANCES LIKELY TO CAUSE THEIR DEATH FROM STARVATION AND THIRST. THEREFORE, YOU SHOULD CHALLENGE THIS CRUELTY IN COURT.

-17-
WHEN YOU FIND COWS OR BUFFALOES ON THE STREET OR TETHERED ON PUBLIC PAVEMENTS, ASK THOSE NEARBY IF ANYONE KNOWS THEIR OWNER OR THE DAIRY TO WHICH THEY BELONG. INFORM THE OWNER THAT IT IS ILLEGAL TO ALLOW COWS TO WANDER. IF THE OWNER DOES NOT HAVE ENOUGH SPACE TO KEEP THE COWS COMFORTABLE OR THE MEANS TO FEED THEM, FILE A COMPLAINT WITH THE MUNICIPALITY ASKING THAT THE COWS BE SENT TO A SUITABLE SHELTER. COWS AND BUFFALOES LEFT ON THE STREET ARE OFTEN HIT BY CARS AND DIE FROM EATING PLASTIC BAGS, BROKEN GLASS AND OTHER TRASH.

-18-
IF YOU NOTICE COWS OR OTHER ANIMALS WITH BURN MARKS, USUALLY ON THEIR RUMPS, NEAR PARTICULAR FRUIT AND VEGETABLE MARKETS, IT IS PROBABLE THAT THE VEGETABLE SELLERS THROW ACID ON THE ANIMALS TO DRIVE THEM AWAY FROM THEIR STALLS. IF THERE IS A MARKET ASSOCIATION, APPROACH THE HEAD AND INFORM HER OR HIM OF THE LAW (IPC, SECTIONS 428 AND 429). REQUEST THAT ALL VEGETABLE VENDORS BE WARNED AGAINST THIS PRACTICE. INFORM THE POLICE STATION IN THE AREA TO KEEP AN EYE OUT FOR SUCH VIOLATIONS.

-19-
WHEN YOU SEE AN ANIMAL KNOCKED OVER BY A VEHICLE, GET THE NUMBER OF THE VEHICLE. CHECK THE ANIMAL FOR SIGNS OF LIFE. IF POSSIBLE, MOVE HIM OR HER TO SAFETY AND ADMINISTER LIFE-SAVING FIRST AID. IF YOU CAN TAKE THE ANIMAL TO A VETERINARIAN YOURSELF, DO SO. IF NOT, CALL AN ANIMAL WELFARE ORGANIZATION THAT HAS AN AMBULANCE. ONCE THE ANIMAL IS TAKEN CARE OF, FILE A COMPLAINT AGAINST THE OFFENDER WITH THE CLOSEST POLICE STATION (IPC, SECTIONS 428 AND 429).

-20-
IF YOU KNOW OF ANY RESEARCH INSTITUTE THAT IS USING ANIMALS, ASK FOR THE SOURCE OF THE ANIMALS. IF YOU SUSPECT THE ANIMALS HAVE BEEN TAKEN FROM THE STREET OR A POUND OR THAT THE ANIMALS ARE BEING ABUSED, CONTACT THE COMMITTEE FOR THE PURPOSE OF CONTROL AND SUPERVISION OF EXPERIMENTS ON ANIMALS (CPCSEA).
IN THE MEANTIME, FILE A CASE WITH THE POLICE.