CRUELTY TO ANIMALS IS A PUNISHABLE OFFENCE
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 animalwhich is suffering pain by reason of mutilation, starvation, thirst, overcrowding or other illtreatment.
1) (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.
The old Act recommends a fine of Rs. 10 to 50 for being cruel to animals – whether beating and kicking it, abandoning or overloading it, or even mutilating or killing it. A second offence within three years could be punished with a fine of Rs. 25 to 100 or a prison sentence of three months; hardly a deterrent in the current scenario.
Under the draft Act, similar offences are punishable with a fine of Rs. 10,000 to Rs. 25,000 or a prison term up to two years. A second offence invites a penalty of Rs. 50,000 to Rs. one lakh and imprisonment up to three years. It also allows for the government to increase these penalties at a later date.
Even if many of the regulations remain similar, there is a clear attitudinal change. Fines in this section have been hiked from Rs. 200 to a much more serious Rs. 20,000 to Rs. 50,000, with institutional punishments also applicable.http://www.thehindu.com/news/national/article1475211.ece
TAKING CARE OF STRAYS
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 .
One of these duties includes having compassion for living creatures. So
the animal lover is protected under the Constitution.,
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.
Q
) 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
For more information visit http://www.awbi.org/awbi-pdf/APL.pdf
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 animalwhich is suffering pain by reason of mutilation, starvation, thirst, overcrowding or other illtreatment.
1) (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.
The old Act recommends a fine of Rs. 10 to 50 for being cruel to animals – whether beating and kicking it, abandoning or overloading it, or even mutilating or killing it. A second offence within three years could be punished with a fine of Rs. 25 to 100 or a prison sentence of three months; hardly a deterrent in the current scenario.
Under the draft Act, similar offences are punishable with a fine of Rs. 10,000 to Rs. 25,000 or a prison term up to two years. A second offence invites a penalty of Rs. 50,000 to Rs. one lakh and imprisonment up to three years. It also allows for the government to increase these penalties at a later date.
Even if many of the regulations remain similar, there is a clear attitudinal change. Fines in this section have been hiked from Rs. 200 to a much more serious Rs. 20,000 to Rs. 50,000, with institutional punishments also applicable.http://www.thehindu.com/news/national/article1475211.ece
TAKING CARE OF STRAYS
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 .
One of these duties includes having compassion for living creatures. So
the animal lover is protected under the Constitution.,
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.
Q
) 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
For more information visit http://www.awbi.org/awbi-pdf/APL.pdf