How humane are we towards animals?
India’s ranking in the Animal Protection Index is as disappointing as its treatment towards strays, particularly dogs. Ours is a country which holds religion in high regard. We regard cows as our ‘mata’. Do we really need to kindle the religious feelings of our citizens for them to treat our strays better?
Fourteen years down the lane, in the case of Animal Welfare Board of India v. A. Nagaraja and others[1], the Hon’ble Supreme Court had issued a directive for states to set up an Animal Welfare Board, states across India are still either yet to form a State Animal Welfare Board or, where formed, yet to support its functioning with staff and budget availability. In May 2019 when a RTI was filed enquiring about the same,[2] the situation in respective states were exposed. State Animal Welfare Boards in Maharashtra, Rajasthan and Lakshadweep were griping with issues like non-appointment of officers, non-allocation of budget and no meeting of the board being conducted. Some states and Union Territories like Karnataka, Bihar and Puducherry were yet to form or reconstitute the board, till the time that the reply was received. States like Assam, Goa, Meghalaya, Punjab and Tamil Nadu provided no details in replies to the Right to Information query.
Time and again we read about humans subjecting stray dogs to cruelty or mischief for fun.[3]A rather ironic belief is thinking of them as a nuisance to our household. Abandoning pet dogs, hitting or chasing stray dogs if they ask for food is not regarded as something derogatory by a wide populace.
Birth of the Paw Movement
In the wake of a disturbing video shared by a resident of Lucknow, the team of Desi Kaanoon was highly empathized. The video showed his neighbours spilling water over few puppies who he was trying to feed during this lockdown. When he tried to protest, water was spilled over him as well. He was further abused and assaulted for apparently moving out of his house and ‘contravening the law.’
Recognizing our responsibility as law students, we at Desi Kaanoon have vowed to spread the message of compassion towards these little creatures through our initiative-The Paw Movement.
What the Law says, to be noted:
The Prevention of Cruelty to Animals Act, 1960 is a tailor-made legislation to address animal cruelty. Section 11 of the act provides that-
“(1) If any person-
beats, kicks, over-rides, over-drives, over-loads, tortures or otherwise treats any animals so as to subject it to unnecessary pain or suffering or causes or being the owner permits, any animal to be so treated, or keeps for an unreasonable time any animal chained or tethered upon an unreasonably short or unreasonably heavy chain or cord;… or without reasonable cause, abandons any animal in circumstances which render it likely that it will suffer pain by reason of starvation or thirst;… or willfully permits any animal, of which he is the owner to go at large in any street while the animal is affected with contagious or infectious disease, …or without reasonable excuse permits any diseased or disabled animals, of which he is the owner, to die in any street; ….or needlessly mutilates any animal or kills any animal in an unnecessarily cruel manner;…”
It is to be noted that the accused shall be held to be punishable:
- As in the case of a first offence: punishable with fine which shall not be less than 10 rupees but which may extend to 50 rupees.
- As in the case of a second or subsequent offence committed within three years of the previous offence: punishable with fine which shall not be less than 25 rupees but which may extend to 100 rupees or with imprisonment for a term which may extend to 3 months, or with both.
The Penal Code of our country also prohibits animal cruelty under Section 428 and Section 429 of the code.
Section 428 of Indian Penal Code, 1860 provides that-
“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.”
However, it is to be noted that the contemporary relevance of the fine provided for under these sections is worth pondering.
credits: Press Reader
About the Paw Movement initiative
These difficult times have confined us to our homes, and rendered strays whose daily meals comprised food given by us, helpless. This social media campaign aims at exhorting each spirited individual to feed as many dogs and through whatever means he can do so, outside his home. If each person feeds a dog each day, we will certainly be able to bring a change in the lives of these adorable beings and this will help us making our initiative successful.
If you are unable to physically feed them, do not worry. The team of Desi Kaanoon will accept any voluntary donation above Rs. 10/- which will entirely go into feeding and providing water pots for the dogs. You can share pictures with us and we will share it with the world.
How to be a part of this initiative?
You can donate to us via Google Pay/PayTM/ PhonePe at 7800701816. Follow this initiative on Instagram at @thepawmovement.official and on Facebook at @thepawmovement.India to get all the updates about our initiative.
Looking forward to a great response!
[1] Special Leave Petition (Civil) No.11686 of 2007.
[2] Application under RTI Act, 2005, dated: June 4, 2019 (Ministry of Animal Husbandary, Dairying & Fisheries); http://dadf.gov.in/sites/default/filess/Application%20received%20under%20RTI%202005001.pdf, accessed on 06.04.2020.
[3] Akhil Kadidal, Nrapathunga SK, DHNS, Bengaluru: ‘3 youths detained for animal cruelty during deepavali’ (October 31, 2019 : Deccan Herald), https://www.deccanherald.com/city/bengaluru-crime/3-youths-detained-for-animal-cruelty-during-deepavali-772413.html, accessed on 06.04.2020.