“It is the dharma of every human being to provide food, medicine and shelter to every man, animal and plant in the range of your sight” says Yogi Ashwini.
Animal Cruelty is a punishable offence…but it is a bigger sin to turn away from an animal in distress, pain or victim to cruelty.
Article 51A (g) of the Constitutional Law of India, lays down fundamental duties for every citizen one of which includes compassion for all living creatures.
As an Animal Lover and Activist for their freedom, every law abiding citizen of India must know basic laws that protect animals & wildlife and animal lovers fighting for them.
KNOW YOUR LAWS
- Section 11 (1) (a) to (o) of The Prevention of Cruelty to Animals Act, 1960 prescribes and enumerates different forms of cruelty to animals. In particular,
- 11 (1) (d) – Carrying an animal in any vehicle in a way that causes pain and discomfort to it. Also Motor Vehicles Act
- 11 (1) (e) – Keeping any animal in a cage where it doesn’t have reasonable opportunity of movement.
- 11 (1) (i) – Abandoning an animal.
- 11 (1) (l) – Mutilating or killing an animal cruelly.
- 11 (1) (m) – Using an animal as a bait for another animal.
- 11 (1) (n) – Organising, keeping, using or managing any place for animal fighting.
- 11 (1) (o) – Shooting an animal when it is released from captivity for such purpose.
- Under Section 22 (ii) of the PCA Act,1960, Bears, monkeys, tigers, panthers, lions and bulls are prohibited from being trained and used for entertainment purposes, either in circuses or streets.
- Sections 428 and 429 of the Indian Penal Code 1860 make it illegal to maim or cause injury to any animal and will result in imprisonment which extends to five years or fine or both.
- 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.
- No Resident Welfare Association has the right to ban residents from keeping pets in their apartments, not even by getting a majority vote in the society with the help of other tenants or residents. Doing so is a violation of the law.
- Cosmetics tested on animals and the import of cosmetics tested on animals is banned. Rules 148-C and 135-B of Drugs & Cosmetics Rules, 1945.
- Capturing, trapping, poisoning or baiting of any wild animal or even attempting to do so is punishable by law, with a fine of up to Rs.25000 or imprisonment of up to seven years or both. Section 9, Wildlife (Protection) Act, 1972.
- Monkeys are protected under the Wildlife (Protection) Act, 1972 and cannot be displayed or owned.
KNOW YOUR RIGHTS
- Section 43 of Criminal Procedure Code empowers every citizen the right to perform a ‘citizen’s arrest’ i.e. the right to arrest a person who has committed in their presence a ‘cognizable’ offence, an offence for which the offender can be arrested without a warrant.
- 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 India
- 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.
