In this blogpost, Mr.Sreeraj.K.V, Student, Government Law College, Kerala writes an article on the impact of animal testing in India. The areas covered under this article includes cruelties faced by animals, laws for the protection of animals as well as various current issues such as the ban on cosmetic testing on animals.

We all have certain fundamental rights especially right to life which has to be enforced by law. Any infringement of this right may lead to certain penal actions. In this context, is there any law which enforces right to life for animals? In fact, there are no certain laws or statutes working in favour of animals irrespective of the fact that they too have equal right in this universe as they share a habitat with us. Recently, Government of India banned the testing of cosmetics on animals by adding a new rule 148 –C which prohibits testing cosmetics on the animals in India – no person shall use any animal for testing cosmetics in India.[1] This can be treated as a major step towards the protection of the life of animals in India.

There was yet another issue regarding the killing of street dogs in many cities of Kerala. The issue gained mass public response as the issue was then taken by various animal welfare boards including celebrities. There arises a question that whether animals also have their own right to life or they are deprived of this right as they can’t express it through words. Various discussions and debates are going on in this matter and majority are of the opinion that animals also have a right on their life but not par with humans.

Looking to its legal factors, we have Prevention against cruelty to animals Act, 1960 as one of the major enactments for the protection animals from any kind of cruel acts or tortures. Under the light of this statute, the Animal Welfare Board was formulated. But the Act has limited powers as it does not extend to the various rights of animals but looks into the matter of right to life of the animal in a much serious way. Chapter I deal with definitions of various terms like animal, which means any living creature other than human being. There are certain other provisions as to the definitions regarding terms like ‘captive animals’, ‘domestic animals’, ‘local authorities’ etc. Section 3 of the Act deals with various duties of a person to take care of an animal and not to inflict any harm or pain towards such animals. Chapter II deals with the establishment as well as the importance of Animal Welfare Board by the Government of India. The importance of such an organisation is that it regulates or prevents certain cruelties monitors whether such acts are done in any of the places in India. The Act also depicts certain functions by the board which involves:

• To keep law enforced in all parts of India for the prevention of any types of cruelty to animals and making constant studies and advice the Government in making certain amendments from time to time.
• To advise the Central Government in making certain rules regarding protection of animals from certain unnecessary pains or sufferings especially during the time of its transportation from one place to another.
• To advise the concerned authorities regarding certain improvements in designing vehicles so as to lessen the burden of draught animals.
• To advise the authorities in the construction of shelters, sheds, water troughs and other basic amenities regarding veterinary assistance to them
• To advise the authorities in maintaining slaughterhouses in such a way that slaughter may not inflict physical or mental pain during pre-slaughter stages and it must be done as humane as possible.
• To advise the authorities in destroying unwanted animals if they feel fit to do so, either instantaneously or after being rendered insensible to pain or suffering.
• For making necessary steps in forming shelter for such animals and birds who are old and useless or the one who needs protection
• To give financial assistance to certain animal welfare committees for activities involving protection and welfare to them.
• To provide certain steps regarding proper medical assistance to the animals.

Chapter III deals with various cruelty against animals by the people such as beating, kicking, not providing adequate food and shelter, inflicting certain injuries to them etc. All such acts may lead to certain penal liabilities upon the persons. Presiding chapters deal with experimentation upon animals and exhibition and performance of animals in various occasions. The Act clearly states that experimentation and operation upon animals for the purpose of enhancement of certain knowledge in the field of physiology or any other field in favour of humans or animals pretend to be unlawful. It also provides for the implementation of various committees and sub-committees in order to regulate the experimentation on animals.[2]  The Act has its own limitation as it does not interfere in killing of animals for religious ceremonies of various communities in India.

In the light of certain issues which took place recently, Government took a major step in protecting the life of animals from being a testing sample for certain cosmetics. Under the Drugs and cosmetic Rules 1945, a new provision under rule 148 C was introduced as no animal must be used for testing of cosmetics. This rule not only brings regulations but also brings hope that further enactments will be developed in future regarding protection of animals from being harmed or killed. The government also took a major step in banning of import of cosmetics which is tested on animals. So it will make the companies concerned to take such essential steps regarding this so that no animals will be harmed anymore for such commercial purposes. Not only in the field of business, but also in the field of science and technology, various tests and researches are being done on animals for testing.

The issues regarding cruelty against animals have gained international concerns as in many countries; animals are being sexually exploited also. In India, even though there are very few cases dealing with this matter, we have section 377, IPC, which deals with unnatural offences wherein a person voluntary has carnal intercourse against the order of nature with any man, women or animal, shall be punished with an imprisonment for life or, a term which may be not less than 10 years along with a fine.[3]

Conclusion

Animals are one of the best companions of a human being. But at times, they turn out to be the worst affected victims of certain cruelties against them. In India, the Protection against the cruelty of animals Act, 1960 was later on amended as Indian Animal Welfare Act, 2011 due to the increase in various types of cruelties against them and also due to the emerging needs in updating the 51 years old Act. Even though there are certain laws in favour of animals, the attitude against them still has not changed due to the prevailing social conditions. But there is an increase in various animal welfare organisations protecting them from such cruelties. All such organisations are running short of money and certain other facilities. So it is up to the Government to look after such matters involving improvement of working ability of certain organisations so that they can reach certain areas where animals are being harmed and abused by others.

[1] Retrieved on: http://www.petaindia.com/blog/cosmetics-testing-banned-on-animals/

[2] Retrieved on: http://bamu.ac.in/dept/zoology/1.%20Prevention%20of%20cruelty%20to%20animals%20act.%201960.pdf

[3] Retrieved on: https://www.quora.com/What-does-Section-377-of-the-Indian-Penal-Code-make-illegal