This article is written by Khubi Agrawal.

Introduction

It can hardly be debated upon that animals as a species have not been given legal recognition as to their right to share space as a part of the ecosystem which can be further expounded by the judgments such as Animal Welfare Board of India vs. A. Nagaraja and others. From this said judgement, it can be naturally concluded that animals have been given statutory recognition and entitlements in their own rights as a corollary to which their protection and the subsequent criminal provisions in the event of its breach thereof warrants for an equitable measure for their suitable protection. This article in the furtherance thereof, aims at elucidating upon the various provisions across several laws including the Indian Penal Code, which prescribe for the protection of animals with penal sanctions attached forthwith to them. The aspects of criminal provisions concerning different kinds of animals including milch animals like cows and performing animals have also been discussed along with touching upon other authorities established for seeking other kinds of redressals in light of cruelty against animals by dealing mainly with IPC and the Prevention of Cruelty to Animals Act, 1960.

What are the general laws concerning cruelty against animals?

The general laws concerning cruelty against animals can be found in two major laws namely the Indian Penal Code, 1860 (hereinafter referred to as ‘IPC’) and the Prevention of Cruelty Against Animals Act, 1960 (hereinafter referred to as ‘PCAA’) have been enumerated as hereunder:

• Indian penal code, 1860

The IPC provides for remedial provisions against animals under the sections namely sections 428, 429, 379, 503 and other such applicable provisions that may be necessary to invoke on the basis of a particular case at hand.

Section 428 deals mainly with the 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 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. The punishment in this case will be imprisonment of either description for a term which may extend to five years or with fine, or with both.  

Besides these said provisions, other sections include section 378 which deals with the offence of ‘theft’. The section prescribes that a person who dishonestly with an intention to take out of the possession of a person, without his consent, anything movable including animals, shall be liable for punishment under this section. Section 379 is the penal section for the aforementioned offence, the punishment for which may extend to 3 years, with fine or both.

The other provisions under IPC include section 503 which prescribes for intimidation which is caused to a person taking care of the animal. 

• Prevention of cruelty to animals Act, 1960

This is a special law concerning the protection of animals from cruelty inflicted upon them which ranges to a plethora of malpractices against them. Section 11(1) provides for 15 such offences each dealing under a separate sub-sections from sub clause (a) to (o). Some of the relevant provisions have been enumerated as hereunder:

1. Section 11(1)(a): Beating, Kicking, Overriding, Over-driving, Overloading, Torturing, Causing unnecessary pain or suffering to any animals;
2. Section 11(1)(c): Wilfully and unreasonably administering any injurious drug or injurious substance; 
3. Section 11(1)(d): Conveying or carrying, either in or upon any vehicle in such a manner as to subject it to unnecessary pain or suffering; 
4. Section 11(1)(g): Being the owner, neglects to exercise or cause to be exercised reasonably any dog habitually chained up or kept in close confinement;
5. Section 11(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; 
6. Other provision under this act which deals with prevention of cruelty against animals is that of section22 which provides that no animal can be trained for performance or made to perform without a valid Performing Animal Registration Certificate issued by the Animal Welfare Board of India. 

In the event of offences committed under the said section, on the basis of a complaint registered with the police, the perpetrator can be arrested by the police, provided that the particular section provides for an arrest under the given offence. 

What are the laws for crimes against cows? 

Concerning offences against cows, there is a dedicated provision under section 12 which provides as follows:

“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.”

Use of Oxytocin Injection on milching animal in order to induce milk is illegal and 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. 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 up to 5 years in prison. 

It is to be noted that taking cognisance of the offenses against milching animals, Government of India has acknowledged the negative effects of oxytocin and has declared it as a scheduled substance under the Food and Drug Adulteration act which makes it illegal to buy, sell or administer these injections without a physician’s permit. These rules 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 markets situated close to dairies which becomes the major source of cruelty against cows, at present. 

Dealing with cow slaughter, given below is a table which provides different laws implemented across various states against slaughtering of cows. The table has been reproduced as hereunder:

1. Andhra Pradesh Prohibition of Cow Slaughter and Animals Preservation Act, 1977: Section 5 – Total prohibition of slaughter of cows and buffalo calves or any buffalo that is likely to become economical (breeding or agricultural purposes) Cognizable offence – Six months imprisonment or one thousand Rupees fine or both.
2. Bihar Preservation and Improvement of Animals Act, 1955:  Section 3 – Prohibition of slaughter of cows. Bulls and female buffaloes older than 25 years may be given written permission if they have become unfit for work or production. Cognizable offence – Six months imprisonment or one thousand Rupees fine or both.
3. The Delhi Agricultural Cattle Preservation Act, 1994: Section 4 – Prohibition of slaughter of cows, calves, bulls production. Cognizable offence – Five years imprisonment and upto ten thousand Rupees fine or both.
4. The Bombay Animal Preservation Act 1954 (Applied to Gujarat): Section 5 – Total Prohibition of the slaughter of cow, bull or calf. Prohibition on the slaughter of productive buffaloes (male and female) Cognizable offence – Six months imprisonment or one thousand Rupees fine or both.
5. The Maharashtra Animal Preservation Act, 1976: Section 5 – Prohibition on the slaughter of cows. Prohibition of slaughter of any other cattle unless its 15 years of age or is unfit for production or use. Cognizable offence – Six months imprisonment or one thousand Rupees fine or both.
6. The Punjab Prohibition of Cow Slaughter Act, 1955 (Applicable in Haryana and Himachal Pradesh as well): Section 3 – Prohibition of the slaughter of cows, bulls, and calves. Cognizable offence – Two years imprisonment or one thousand Rupees fine or both.
7. The Uttar Pradesh Prevention of Cow Slaughter Act, 1955 Section 3 – Prohibition of the slaughter of cows, bulls, and calves. Cognizable offence – Seven years imprisonment or ten thousand Rupees fine or both.

Finally, the Wildlife (Protection) Act 1972 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 birds 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 a  fine of ten thousand rupees.  

Conclusion

It is stated that laws for the protection of animals provide one of the most potent immunities to detest a person to inflict unnecessary and purposeful infliction of harm and injury against animals, which are defined and prescribed under multiple laws as has been discussed above. 

The need of the hour, therefore, is to secure better enforcement of laws and protection accorded to animals in order to ensure that the society in general aims at better inclusion and treatment of animals as a respectable family of the planet.

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