INTRODUCTION:
Animal welfare is the well-being of all animals. Formal standards of animal welfare may vary with context but are debated largely by animal welfare groups, legislators, and academicians. Animal welfare sciences use measures like longevity, disease, immunosuppression, behaviour, physiology, and reproduction although there’s a debate about which of those indicate animal welfare. Regard for animal Government assistance is regularly founded on the conviction that nonhuman animals are conscious and that thought ought to be given to their prosperity or enduring, particularly when they are under the consideration of humans. These worries can incorporate how animals are butchered for nourishment, how they are utilized in logical research, how they are kept (as pets, in zoos, ranches, bazaars, and so forth.), and how human exercises influence the Government assistance and endurance of wild species. This article is focused on animal welfare in India. Some religious textsconcerning animals in India and the regulation of slaughterhouses will also be found in this article.
Animal welfare in India:
The Constitution of India recognizes animal welfare and make it a fundamental duty for the citizens of India to treat all living creatures with compassion.
- Animal rights are protected under the Constitution of India. Article 51(g) of the Constitution makes it a fundamental duty to protect wildlife and have compassion for all living creatures.
- According to Article 48 of the Constitution, the Government must organize agriculture and animal husbandry on modern, scientific lines and to take steps for preserving and improving breeds, prohibiting the slaughter of cows and calves and other milch and draught cattle.
- Article 48 A provides a fundamental duty to the state to protect, safeguard, and improve forests and wildlife in the country.
- In List-II (State List), Seventh Schedule, it is provided that the State has the power and authority to:
14 Preserve, protect, and improve stock and stop animal diseases, and enforce veterinary training and practice.
- In List III (Concurrent List), it is provided that both the Centre and the State have the power and authority to:
17 Prevent cruelty to animals.
17B. Protect wild animals and birds.
- Under the Eleventh Schedule (Article 243 G), the Panchayati Raj institutions have the duty and authority to deal with matters relating to:
- Animal husbandry, dairying, and poultry.
- Fisheries
2.1 Law relating to street animals:
- Killing, maiming, poisoning, or rendering an animal useless is punishable under Section 428 of Indian Penal Code with two years of jail or fine or both. Section 429 of the Indian Penal Code punishes a person for five years or fine or both. This section applies when the cost of an animal is above Rs 50.
- Section 11 of Prevention of Cruelty Act provides that if a person allows or himself beats, kicks, and tortures, in any way any animal is subject to unnecessary pain will be fined upto Rs 50. In case of repetition of the offence, fine can be increased or 3 months of jail term can be granted.
2.2 Law relating to work animals/ cattle:
Chapter III of the Prevention of Cruelty to Animals Act deals with “Cruelty to animals generally” consistent with Section 11, the subsequent acts are punishable by fines upto Rs. 25-100 and a maximum of three months of imprisonment on the repetition of the said acts.
- anybody who employs any unfit animal, suffering from a wound, infirmity, sores, or an animal of old age, to work. -Section 11 (b)
- Anybody who carries any animal subjecting it to pain or suffering. – Section 11 (d)
- keeps an animal in a cage or any other such confinement which is not sufficiently big enough to let the animal move freely. -Section 11 (e)
- Any owner of an animal who allows his animal, affected with a contagious or infectious disease to die in any street. -Section 11 (j)
- any person who offers for sale an animal that is suffering from pain due to mutilation, starvation, thirst, overcrowding, or ill-treatment. -Section 11 (k)
- In October 2014, non-binding guidelines called the National Code of Practices for Management of Dairy Animals in India were released by the Government in consultation with an NGO named World Animal Protection.[1]
Laws relating to wildlife in India:
The chief law to protect wildlife is The Wildlife Protection Act 1927. This Act prohibits killing, poaching, trapping, poisoning, or harming in any other way of wild animal or bird.
- Section 2 (37) of the Act, wildlife includes animal, aquatic or land vegetation which forms the part of the habitat.
- Section 19 of the Act prohibits hunting of any animal. It slaps a punishment which can extend to jail for three years or fine which can be extended to Rs. 25000 or above.
- The Central or State Government hasthe power to declare any area as restricted and make it a wildlife sanctuary, national park, etc. under this act. Any industrial activity is prohibited in this area.
- Section 48A of the Act prohibits the transportation of any wild animal, bird or plants except with the permission of the Chief Wildlife Warden or any other official authorised by the State Government.
- Section 49 prohibits the purchase without the license of wild animals from dealers.
In People for Ethical Treatment of Animals v. Union of India[2] Bombay High Court held that an animal to be used for filming purposes must obtain No Objection Certificate. In Shri Ajay Madhusudan Marate v. New Sarvodya CHS Ltd.[3] it was held that a society cannot prohibit a resident from having pets and utilising his/her facilities for pets. In Ozair Hussain v. Union of India[4] it was held that non-vegetarian food must be packed with a red colour and vegetarian with green. In Gauri Maulekhi v. Union of India and Ors.[5] the Supreme Court held that there should be strict implementation of the prohibition of cattle smuggling. In Nair NR and Ors. v. Union of India[6] it was held by Kerala High Court that bears, monkeys, tigers, panthers, and lions shall not be trained or exhibited as performing animals. In Animal Welfare Board v. A. Nagarajan and others[7] Supreme Court held that bulls cannot be used as performing animals and Jallikattu and other sports involving bulls are prohibited.
Animal Protection Index:
India has showcased its best performance in the Animal Protection Index. This index shows in which countries animals are well protected and where they still fall short of welfare legislations so that those countries. India has attained a C ranking in the index, along with countries like New Zealand, Mexico, France, and Spain.
However, there is room for improvement in many domains related to animal welfare. For instance, animals used in scientific research are exempt from cruelty considerations in the Prevention of Animal Cruelty Act 1960[8]. Furthermore, there is a lack of regulations regarding the rearing of farm animals, notably with unregulated dairy systems is quickly developing with low standards. Sweden, the United Kingdom, and Austria are rated with the highest scores, which is encouraging. More countries need to follow their lead and World Animal Protection is calling on all Governments to immediately improve their animal welfare standards, not only for the benefit of animals but also to reduce the risk to public health[9]. In the United Kingdom, the Welfare of Farmed Animals (England) Regulations 2007 set minimum standards for all farm animals. These regulations replaced the Welfare of Farmed Animals (England) Regulations 2000 on 1st October 2007. The new regulations are made under the Animal Welfare Act 2006 and are very similar to the previous regulations[10].
Religious Texts Quoting Animal Welfare:
4.1 Buddhism:
Buddhism is known to be a religion that practicesthe safeguarding of animals and non-animals. The Buddha said in the Dhammapada:
“All beings tremble before danger. All fear death. When you consider this, you will not kill or cause someone else to kill. All beings fear before danger. Life is dear to all.”
Compassion is sought after by all who practice Buddhism. Therefore, Buddhists try to do as little harm as possible to animals, avoid any jobs in connection with the killing of animals, respect animals and humans equally, and believe that both humans and non-human animals are capable of reaching Nirvana, the highest state of well-being[11].
4.2 Christianity:
Christianity is the most populous religion and it is practiced by a billion people in America, Europe etc. Animal rights are debated heavily in Christianity, mostly among the United States and England.
Genesis 1:26 to 28:
“Then God said, Let Us make man in our image, according to our likeness; let them have dominion over the fish of the sea, over the birds of the air, and over the cattle, over all the earth and over every creeping thing that creeps on the earth. So God created man in His own image; in the image of God He created him; male and female He created them. Then God blessed them, and God said to them, be fruitful and multiply; fill the earth and subdue it; have dominion over the fish of the sea, over the birds of the air, and over every living thing that moves on the earth.”[12]
4.3 Hinduism:
Hinduism is a compilation of many religions. It is referred to as a way of life instead of religion. Hindu teachings hold the belief that all living creatures have a soul, and that they are a part of the supreme soul. Therefore, all living creatures – both human and non-human – are respected similar to Buddhist traditions.
“The cow, they say, produces five things — milk, cheese, butter (or ghee), urine and dung. The first three are eaten and used in worship of the Hindu gods, while the last two can be used in religious devotion or in penance or burned for fuel.”
4.4 Islam:
Muslims believe that animal exists for human benefit but it must be treated with kindness and compassion.
“It is God who provided for you all manner of livestock, that you may ride on some of them and from some, you may derive your food. And other uses in them for you to satisfy your heart’s desires. It is on them, as on ships, that you make your journeys.”
Regulation of Slaughter Houses in India:
Recently the Government has enacted a law that prohibits cow slaughter. Under Article 48 of the Constitution of India, the State shall endeavour to take steps for preserving and improving the breeds, and prohibiting the slaughter of cows, calves and other milch and draught cattle.
Article 48A of the Constitution of India mandates that the State enact laws to protect and improve the environment and to make provisions for the safeguard of forest and wildlife of the country.
Also, the Constitution casts a Fundamental Duty upon every citizen of India under Article 51-A(g), to protect and improve the natural environment and to have compassion for living creatures”[13]. Though the Government can justify that ban is constitutional through this it hurts the fundamental rights of people. Article 19 (1) (g) states “Freedom to practise or carry on any profession, trade, business or occupation”. Under this article any citizen has the right to choose the employment of his choice. Butchers, gut vendors, and dairy cattle sellers have endured a lot of misfortunes after the prohibition on cows butcher happened in any event, when the constitution has furnished them with the option to continue any exchange or control of their calling. Article 21 states “No person can be deprived of their right to life or liberty except according to the procedure that has been established under law”. Legislation that bans cattle slaughter have taken the right away from the people to choose what they want to eat and thus right of citizens to be able to consume food of their choice has been snatched away from them which portrays the Indian society as one that is bigoted and anti-liberal[14].
Conclusion:
India is still one of the better-performing countries as compared to the world in Animal Protection Index. But still, India needs to enact laws to set a minimum standard for dairy farming. Over time courts have ascertained that animals be protected by upholding it as an animal whose performance and training are prohibited. When it comes to cattle slaughter ban the Government must uphold the rights of individuals and prevent any infringement of fundamental rights.
[1]Animal Protection Laws in India, Mirzawardahbeg, iPleaders, April 2, 2019, available at https://blog.ipleaders.in/animal-protection-laws-in-india/.
[2]People for Ethical Treatment of Animals v Union of India W.P(C) No. 23480/2005
[3]Shri Ajay Madhusudan Marate v New Sarvodya CHS Ltd First Appeal No 676 of 2009 17/04/2009
[4]Ozair Hussain v Union of India AIR 2003 Delhi 103
[5]Gauri Maulekhi v Union of India and ors5845 of 2015 (O&M)
[6]Nair, NR and ors v Union of India AIR 2000 Ker 340
[7]Animal Welfare Board v A. Nagarajan and others Civil appeal no. 5387 of 2014
[8]India ranks better in Animal Protection Index but still needs improvement, Business Standard, March 12, 2020, available athttps://www.business-standard.com/article/news-ani/india-ranks-better-in-animal-protection-index-2020-but-still-needs-improvements-120031200558_1.html.
[9]Supra note 8.
[10]https://www.gov.uk/guidance/animal-welfare
[11]What each major religion says about animal rights, Sentient Media, November 15, 2019, available at https://sentientmedia.org/what-each-major-religion-says-about-animal-rights/
[12]Supra note 11.
[13]Cattle Slaughter Ban in India, Anubhav Pandey, iPleaders, April 17, 2018, available at https://blog.ipleaders.in/cattle-slaughter-ban-india/
[14]Supra note 13.
By-
Paras Dargarh
(Symbiosis Law School, Pune)