Animal.
A word used to describe all species under the Kingdom Animalia, except human beings, of course. The words “human” and “animal” have long been used in opposition to each other to demarcate the former’s supposed superiority over the latter, allowing various modes of anthropocentric oppression.
The status of animals across cultures and eras has varied across time, with different species being classified under specific categories: pets (dogs and cats), mass-produced meat (pigs and poultry), burden bearers (camels and horses), exotic pets (reptiles and pangolins), vermin (rats and lizards), and more. Similarly, laws pertaining to animal welfare and their rights too have been modified to suit such classifications over time.
According to a research conducted, the first animal rights legislation was passed by the British during its rule over India in 1860. While banning certain forms of cruelty, the Act did not fund any shelters for victims of abuse. The first animal rights legislation passed in post-independence India was in 1960, and was called the Prevention of Cruelty to Animals Act (PCA). This was later followed by the more comprehensive Wildlife (Protection) Act of 1972 (WPA).
The Prevention of Cruelty to Animals Act of 1960
According to Indian law, the PCA is “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”. In other words, the objective of the Act is to ensure that no suffering is caused to animals, and to revise the law consistently to prevent cruelty.
The robust framework of the PCA qualifies beating, kicking, torture, mutilation, and administering injurious substances as crimes. Through the following precepts, this Act prevents domestic animals from experiencing brutality:
1. Legal Protection: One of the primary merits of the Act is that it provides legal protection to animals. It establishes guidelines and regulations to prevent cruelty towards animals and holds individuals accountable for any acts of abuse or mistreatment. This legal framework ensures that offenders are penalised.
2. Animal Welfare Standards: The Act sets specific welfare standards by outlining provisions for proper housing, food, water, and medical care for animals in captivity or under human control. The purpose behind this is to make sure that animals are treated with dignity and have their basic needs met.
3. Prevention of Cruel Practices: Another key merit of the PCA is its ability to prevent and discourage animal fighting, animal baiting, and other forms of entertainment involving harm to animals. By outlawing these practices, the Act aims to reduce animal suffering and promote a compassionate society.
4. Animal Transportation Regulations: The Act also addresses the transportation of animals under captivity. It lays down guidelines to ensure that animals are transported in a humane manner, with adequate provisions for their comfort, safety, and well-being. This helps prevent unnecessary stress, injuries, and suffering during their movement.
5. Testing Regulations: The PCA recognises the importance of regulating practices related to experiments on animals. It emphasises the humane and ethical treatment of animals used in scientific experiments, and that such experiments should only be carried out when absolutely necessary.
The Wildlife (Protection) Act of 1972
The Wildlife (Protection) Act of 1972 (WPA) is “An Act to provide for the protection of wild animals, birds and plants and for matters connected therewith or ancillary or incidental thereto with a view to ensuring the ecological and environmental security of the country”. The WPA is regarded as a milestone for the protection and conservation of wildlife in India, because of the following decrees:
1. Protection of Endangered Species: The WPA includes six schedules that slot animal species under varying degrees of protection and penalties for crimes against them. It identifies specific animal species, including Asian elephants and sloth bears, as endangered, listing them under Schedule I of the Act. This means that endangered species receive the highest level of protection, and the Act criminalises their hunting, poaching, and trading. Animals listed under Schedule II are given high protection as well. Those under Schedule III and IV are not endangered but are protected, while Schedule V includes vermin species. Schedule VI has a list of plants that cannot be cultivated due to their harmful tendencies of invading ecosystems.
2. Preservation of Habitats: WPA prohibits injury not only to wild animals but also to their habitats, thus highlighting the importance of ecosystem preservation. This Act emphasises the establishment and management of protected areas that serve as crucial habitats for animal species. These include national parks and wildlife sanctuaries, which fall under government surveillance.
3. Prevention of Illegal Trade: The Act prohibits the trade of wildlife products, such as animal skins, ivory, and bones. Strict penalties and imprisonment are imposed on individuals involved in smuggling or trading wildlife products. The Act empowers forest officers and wildlife authorities with the necessary tools and control to enforce wildlife protection laws effectively.
5. Community Reserves: Local communities are the vital backbone of the wildlife conservation efforts in India. The WPA authorises the state government to declare those areas outside national parks or sanctuaries that have been voluntarily conserved by individuals or a community as protected Community Reserves. Introduced as an amendment to the WPA in 2002, such efforts by citizens that aim to protect the local flora and fauna are recognised and promoted.
Robust Frameworks for Domestic and Wild Animals
Both PCA and WPA are strong testaments to the capacity of the Indian legal framework to protect the rights of the country’s non-human residents. The PCA can be credited with ushering forth, for the first time, legal actions against injustice to animals, however, certain aspects under the law manage to provide leeway to potential disruptors. For instance, the PCA does not prohibit experimentation on the animal if the process leads to the advancement of medical knowledge or provides an opportunity to combat diseases. However, close supervision on following ethical guidelines are required to avoid fraudulence.
The WPA manages to encompass powerful and holistic animal welfare regulations, even though specific loopholes are yet to be addressed. Community Reserves are protected by the forest department in the same way as sanctuaries are, which results in preventing local people of the area from accessing essential forest resources.
Robust laws require strict implementation on the ground. This is where you, as an informed citizen of India, come in! Support organisations that are fighting for the rights of animals, and share legal awareness on animal welfare among your peers. Wildlife SOS provides rescue and rehabilitation services to animals found in distress. If you witness acts of animal cruelty or abuse, please inform the nearest forest officials immediately. If you are based out of any of the following areas, contact Wildlife SOS on their 24×7 hotlines:
Delhi NCR: +91-9871963535
Agra, Uttar Pradesh: +91-9917109666
Vadodara, Gujarat: +91-9825011117
Srinagar, Jammu and Kashmir: +91-7006692300/ +91-9419778280
