This article has been authored by Tejas Parab, a Mumbai based Lawyer.
“You’ll be able to make indefinite laws but laws alone can never succeed without a way of responsibility and timely amendments as the people behind such acts of animal cruelty actually belong in prison for their evil actions, because in some unspecified time in the future these people will most certainly move from animals to children.”
This article provides a sweeping overview of the laws prevailing in India to guard Animal Cruelty in context of the recent Kerala Elephant Case which occurred on May 27, 2020 wherein the elephant was succumbed to its wounds after chewing on an explosive stuffed pineapple.
This article begins with an Introduction and Gist of the incident before proceeding to a summary of the present state of the law because it relates to animals. The Article then explores the approach led by Bhagwad Gita in reference to animal cruelty. It then concludes with a discussion of the long run of animal rights, specifically the kinds of reforms needed to strengthen it.
Gist of the Incident
The gruesome incident and a cowardly act which happened on May 27, 2020 at Thiruvizhamkunnu forest section in Kottopadam grama panchayat which shook the whole nation wherein the elephant had chewed on an explosive stuffed pineapple that went off in its mouth. The injured animal then stood in Velliyar River together with her mouth and tongue destroyed within the explosion where it died a painful death.
A day after the Kerala government ordered a probe into this case while the foremost shocking part was revealed during the post-mortem of the elephant. The doctor who undertook the post mortem said that this was the primary time he was so moved as he could hold the foetus of the baby in his hands. Initially, he never thought the elephant was pregnant. After he had seen its heart then happen to ascertain the ammonic fluid did he realize that it’s pregnant. However, it’s claimed that locals allegedly fed a cracker-filled pineapple to the elephant.
Legal Provisions associated with animal cruelty in India
In India on a routine numerous incidents of animal brutality are witnessed however they’re totally ignored and thus no interrogations or arrests are being made. Animal protection laws aren’t strictly enforced in India. For a widespread action to be taken, it’s important for all people to acquaint ourselves with the existing animal protection laws, in order that the loopholes are often filled in, and therefore the laws are often made properly applied. Below is a list of animal protection laws in India:
Section 428 in the Indian Penal Code
Mischief by killing or maiming animal of the value of ten rupees – Whoever commits mischief by killing, poisoning, maiming or rendering useless any animal or 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.
Section 429 in the Indian Penal Code
Mischief by killing or maiming cattle, etc., of any value or any animal of the value of fifty rupees – 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.
Section 9 in the Wild Life (Protection) Act, 1972
Prohibition of hunting – No person shall hunt any wild animal specified in Schedules I, II, III and IV except as provided under section 11 and section 12.]
Section 11 of the Prevention of Cruelty to Animals Act, 1960
This provides that if any person allows, or himself beats, kicks or tortures, in any way, any animal subjecting it to unnecessary pain and suffering will be liable to pay a fine of up to Rs. 50. In case of repetition of the offence, the fine will increase or an imprisonment for 3 months will be granted.
Article 48A in the Constitution of India,1949
Protection and improvement of environment and safeguarding of forests and wild life. The State shall endeavour to protect and improve the environment and to safeguard the forests and wild life of the country.
Article 51A(g) in the Constitution of India,1949
To protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures.
Approach led down by Bhagwad Gita
sattvikam nirmalam phalam
rajasas tu phalam duhkham
ajnanam tamasah phalam
By acting in the mode of goodness, one becomes purified. Works wiped out the mode of passion end in distress, and actions performed within the mode of ignorance end in foolishness.
Animal life is usually miserable, although, under the spell of the illusory energy, maya, the animals don’t understand this. Slaughtering poor animals is additionally because of the mode of ignorance. The animal killers don’t know that in the future the animal will have a body suitable to kill them. That’s the law of nature.
In human society, if one kills a person he has got to be hanged. That’s the law of the state. Due to ignorance, people don’t perceive that there’s an entire state controlled by the Supreme Lord. Every living creature is the son of the Supreme Lord, and He doesn’t tolerate even an ant’s death. One has to pay for it. So, indulgence in animal killing for the taste of the tongue is the grossest kind of ignorance.
It’s been claimed by several others alongside an Indian Forest Service officer continue to mention that, there are false claims and there have been no intentions to downplay the brutal act as nobody would have fed the pineapple to the elephant. The animal must have found it lying somewhere and must have consumed it herself not knowing what lies ahead for her while pineapples crammed with firecrackers are used as a snare to catch wild boars that destroy the crops.
However, if we carefully examine the laws associated with animal cruelty then in Section 428 & 429 of The Indian penal code, the word “any animal’’ and Section 9 within the Wild Life (Protection) Act, 1972, the word “any wild animal” has been mentioned and thus, it clearly indicates that when it involves any kind of cruelty like killing, poaching, trapping, poisoning, or harming in the other way, of any wild animal or bird, such criminal acts against innocent animals are not any different than acts of meditated murder against other humans and will be punishable under these appropriate laws and thus The Kerala Elephant Case comes under the purview of the above sections and thus a punishable act.
In recent years, New Delhi has earned the title of “Rape Capital” of India. Taking into consideration the widespread incidents of Animal Cruelty the day isn’t far enough when India is historically recognized as the Nation of Animal Cruelty.
In India it might be seen that a way of purpose is missing when it involves incidents of animal cruelty. The very fact when it involves animal cruelty is that neither the legislature is unduly bothered nor the people of this nation generally. Had this been a case of a Rape then thus far you’d have witnessed reactions qualitatively different but these actions can’t be seen when it involves gruesome incidents of animal cruelty and particularly an event just like the Kerala Elephant Case.
You’ll be able to make indefinite laws but laws alone can never succeed without a way of responsibility & amendments. The people behind such acts of animal cruelty actually belong in prison for his or her actions, because at some point these people will most certainly move from animals to children.
“As long as men massacre animals, they’re going to kill one another. Indeed, he who sows the seeds of murder and pain cannot reap joy and love.” – Pythagoras.
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