DOES PREVENTION OF CRUELTY TO ANIMALS ACT REALLY SERVE JUSTICE TO THE VICTIM?

Written by P.Gayathri

Prevention of Cruelty to Animals Act,1960 is made to prevent cruelty to animals or any sort of pain or suffering caused to animals by any ways. Animal includes any living being other than human beings.

Acts that are cruel according to Section 11 of the Act of 1960.

1. beats, kicks, over-rides, over-drives, over-loads, tortures or treats any animal so as to subject it to unnecessary pain or suffering or, being the owner allows, any animal to be so treated
2. employs any animal which is unfit because of its age or any disease, infirmity or any wound or, being the owner of the animal, allows any animal that is unfit to be employed as such; or
3. deliberately or unreasonably administers injurious drug to the animal or attempts to administer such drugs or injurious drugs to the animal; or
4. carries, any animal whether in or upon a vehicle or not, in such a manner or position thus causing unnecessary pain or suffering; or
5. confines the animal in such cages or receptacle which is not big enough for the animal’s reasonable movement;
6. keeps any animal chained to unreasonably short or heavy chains or cord;
7. being the owner, fails to exercise or induce to be exercised any dog that is routinely chained or kept in close confinement in a reasonable manner;
8. failing to provide the animal with sufficient food, drink or shelter;

Experiments with animals

Every year about 100 million animals are being treated cruelly in the laboratories for scientific reasons and biological reasons. As per rules 135B and 148C of the Drugs and Cosmetics Rules,1945 it is banned to test cosmetics on animals. As monkey has a close relation with human most of the experiments are been done on monkeys. But the act has made restrictions to perform such experiment.

Offences in relation to performing animals

In terms of Section 26 of the Prevention of Cruelty to Animals Act,1960, a person shall be punished on conviction with fine which may extend to five hundred rupees, or with imprisonment which may extend to three months, or with both, if any person

1. unregistered under the Chapter, trains any performing animal, or
2. exhibits or trains any performing animal with respect to which he is not registered, or in a manner with respect to which he is not registered, despite being registered under this Act.;
3. exhibits or trains any animal as a performing animal which is not to be used for that purpose under Section 22 (11);
4. causes a deliberate obstruction or delay to perform any duty that a person or police officer referred under Section 25 of the Act is empowered to perform;
5. hides any animal to avoid testing;
6. fails to produce their certificate do so without valid justification;
7. apply to be registered when they are not entitled to be so registered;

CONCLUSION

A number of committee and boards have been established in last few years for protection of animals from these kinds of cruelty. We do have laws in IPC like section 428 which speaks about penalties for harming or injuring animals. Prevention of Cruelty to Animals Act,1960 was also great step in defining the terms as to what constituted animal cruelty. Although, these rules are being implemented to protect the animal, they are not stringent and most of the people fail to follow guidelines, continuing to harm animals without any fear of getting punished. The punishments have to become stricter with hefty fines and longer prison terms and the laws must evolve with the changing times.

This article is edited by Kavana Rao.