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EVOLUTION IN THE

Authored by: Rashi Sharma *

* 4th Year BBA LL.B. (H)

______

ABSTRACT

As a normal Human being living a natural life animals too have emotions and living rights like humans in this world. The morale progress of a nation is portrayed when their animals in the country live with all freedom and facilities. Progress is the phenomena which tells us the exact status of the country and how the organisms present in it are living and are they entitled to all the rights stated by the law and whether are allowed to follow the same. Animals have rights of their own and the humans should be blocked from interfering in between the rights assigned to them. This study will tell us how the humans are obligated to follow and obey the rights assigned to all animals and what cruelty animals use to face because of which these rights are assigned to them. Past of these beautiful creatures have been devastating and dangerous and they also have a right to live with all due respect given by humans. They are not regarded as inferior than humans in eye of the morale justice system and are included in the liberal theory of justice. According to our fundamental rights stated by the Indian constitution according to article 21 we all have right to freely in whichever manner we like included animals which cannot be taken away from them. Theories states that actions have been taken by the Indian government to stop any dangerous attempts made and used on animals of the country. This states that the actions are taken against people who are performing such activities. This study will further update you with the act of cruelty performed against the animals of any kind and status. People use the method of harming and destroying just for the matter of their fun and enjoyment and use the means of violence on them in a very cruel and deprived manner. This study will also state the measures used to stop such kind of activities.

Keywords- Animal, Rights, Cruelty, Brutal, Inhumane, Humane, Activity, Slaughter etc

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INTRODUCTION

Animals have mainly been excluded from the societies of any type of country or from the world. On the contrary the facilities and establishments that are faced by the humans in their day to day living are not really experienced by animals. The question that arises in everybody’s mind is that what we actually owe to animals in the means of their rights and laws in every question. All the policy maker and law maker revolves around this concept to bring equality at all levels. Animals’ rights and traditional treatment is all-together a dynamic topic for all the philosophers and debaters to debate on. Every country and actually continent has taken the issue of animal protection very seriously to stand out in front of other countries of the world. But still the question remains that what do we actually owe to animals is still is continuation process of minds. When this matter started becoming a hot topic of the country the people did not actually took this matter seriously and thought that rights for animals is strictly a matter of not to throw attention on. But with the increase in violence and cruelty against animals it has become a need to establish and introduce all possible rights for animals. So that violence against them can legally be treated in the country.1 Environment is a place where every animal should feel free and comfortable but when environment also turns out to be place where they are beaten and eaten that is called cruelty. Where they feel scared, terrorized, deprived of healthy food all this comes under animal cruelty. It is myth that every human’s thinks that they have a control over the lines of the animals but on the other hand this is not the reality. Day- by- Day every animal is crumbled, attacked and beaten brutally, maybe in order to eat it or for the self-Satisfaction. Animals are proved to be the most beautiful and honest creatures of god who likes to be loved and spread love. The reason for the enormous beating and killing of animals which is going on increasing day today is not yet discovered properly. 3

Animal welfare or animal rights in India is different from the animal conversation. India being a democratic country and a home for several religion, and traditions that prevails from the ancient times in the country welcomes animals of all kinds to live in as their home. This country aims at providing them the violence free and healthy environment to live in. Although people have lost all type of humanity in taking care of wild

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ISSN 2455-4782 life and animals. Cases more than 650 including road killing of wild animals in a months, mans raping female dogs and puppies, people beating animals in order to satisfy their anger seems inhuman on the other level.

In our own colonies and lanes we have adults throwing stones and harming street dogs and animals and shooting innocent birds etc are the example of fun cruelty according to humans. In spite of behaving like open in tolerant creatures of universe people should to do as much as possible for the welfare of the wildlife. Evolution in treating animals positively and taking good cruel of them turned out in amending laws by the Indian constitution to protect them in better way.5 It is important for, every person living in the society to strictly follow these laws amended by the constitution. To understand the problem faced by animals and the need to introduced laws for them one should read and examine the evolution in the life of animals that occurred from 1760s to 2020.6 In 1975 The Singer published a book called ‘’ which change the concept of animals’ treatment and transformed a new picture in the minds of human beings. He exposed the reality of animals’ that how they are treated in big farms and for making specific items of human usage and also exposed the traditional way of cruelty towards animals. He explained the concept of love towards animals in a very polite and calm manner and also explained why we as humans need to take such reforms seriously. He also explained the difference between the humans and animals tendency of living and explained the sentiments and emotions of both in a very morale developing way.

The first one to instigate was the singer only who evaluated the matter and need for law reforms towards all kinds of animals. 7Equality does not mean that we vote against pigs or cows but equality means showing consideration towards every caste and creation of animals. Although criticism are always available with each reform but all these criticism were faced very positively by the theorists and practioners of those times and till date. Every law that is made and amended in the country it is the responsibility of the citizens to follow it with complete heart and soul if any practice is not really followed then the possibility of bringing changes in the society diminishes completely. In order to bring change in the conditions of the animals it is necessary to follow these reforms and bring a change in the healthy lifestyle of the country. Every creation by god

5 Available at www.blog.ipleaders.in 6 T Regan, P Singer- 1989- philarchine.org 7 J. feiinberg- Animal Rights and Human Obligations, 1976 12 | P a g e JOURNAL ON CONTEMPORARY ISSUES OF LAW [JCIL] VOLUME 6 ISSUE 7

ISSN 2455-4782 whether as a human being or as an animal is made for same specific purpose or need to maintain to equal biological and ecological balance in the country now is the responsibility of every human to provide equal stake for all animals like humans to live freely in the environment.

CONDITION OF ANIMALS

Past (Ancient Times) Condition: The recent reforms in the condition of animals are not made in one day but by examining the conditions of animals in the past it has become a need to do so. The old scriptures and Vedas of India have taught us to follow the path of non-ahinsa that is non- violence towards all living creatures.8 In old Vedas of Hinduism killing of animal is treated as a violent behavior and leads to bad karma of that particular living being or the myth of turning into an animal in his next birth. This theory gave rise to the concept of and decrease in the killing of animals in earlier 70s. Jainism and Buddhism were the kind of religions that do not eat certain vegetables thinking of them being non-vegetarian. In 262 BE during the Mauryan King Ashoka the animals killing and sacrifice on their lives decreased to minimum in India. From the starting of 1860s from the commencement of British Rule in India the culture towards animals took the other the other side of the coin. Various experiments with the help of animals started taking place in the country in making of different types of drugs and the means of intoxication from their fun and satisfaction in life. Few practioners introduced the concept of ban on the cruel practices towards animals in 1861 but it all started going in vain. An act was introduced by the Britishers in the Indian economy in 1876 which imposed the regulations on conducting experiments on animals. Cow protections movement which was started by native Hindus started prohibiting sanctuaries for cattle’s and increasing more for cows in the early 90s. The practice of eating animals and beating them which was started by Britishers prevailed for long and is still prevailing as a concept of non-vegetarianism in the country.

Present (Post Independence)9: After 1910 when Mahatma Gandhi came in force in India he stated saying that the greatness of every country and its progress is visible by the way in which every living including animals are treated in whichever manner. According to the ancient Mythology

8 Available at www.wikepedia.org 9 Available at www.legalserviceIndia.com 13 | P a g e JOURNAL ON CONTEMPORARY ISSUES OF LAW [JCIL] VOLUME 6 ISSUE 7

ISSN 2455-4782 the animals like cows, lions, monkeys, etc were worshiped but not really treated well in the economy although were beaten brutally. Gandhi being vegetarian promoted the benefits of being a vegetarian all over the country. First welfare act for the wildlife was introduced in 1960 as prevention of Act 1960) which states the provisions to arrest criminals who practices the violence or the matter of cruelty against animals in any manner.

With the introduction of this act in India the evolution in the condition of animals started commencing. The practices of using draught animals in making drugs clothing and cosmetics was reduced to minimum and whosoever was found practicing such matter was immediately arrested by the police. Rules and Regulations were imposed by the court in using animals in making of important medicines and welfare products which was need of the society. Control and supervision rules of 1988 imposed regulations on breeding and experimenting usage of animals in Research work. In 2013 the live use of all kinds of animals was banned in medical education and in 2006 less use of animals was done in making of any luxury product in the country. In 2014 India became first country in whole Asia to ban the use of animals or Experimenting animal’s skin in making of beauty products for the women all over the world and this practice was appreciated by all in the world. After 2015 different Acts, Laws, Rules, were imposed on the less usage of animals in industries and this brought a positive evolution in condition of animals in the country like India.

ANIMAL RIGHTS-VIOLATION IN DIFFERENT AREAS

1. Human Overpopulation: The increase in the Human population on the daily basis is a threat for domestic wildlife of the country. Increase in population requires increase in place to live which hampers the growth and healthy living of wildlife on the planet.11 India’s population have increased rapidly and reached the number of 1.2 billion which requires the needs like food, place, water etc. because of the less place forests are been cut to construct building and living which decrease vegetation in the country. This gives rise in the increase of non- vegetarianism in the country and increases more of animal killings to consume healthy food which al-together devastate the ecological balance of the nature. This is the serious issue

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which needs all consideration of Humans and government to reduce this to minimum in the country. Population needs to be controlled to save the ecological balance of the environment. 2. Animal Property: Every animal used to be abused and stay under stress all their lives because all the useful purposes were occupied by humans. They use all organic stems and plants to cure their treatments ass all the property was occupied by humans in the country. To benefit all animals in the country and to a proper place for pets should be arranged to guard their protection. Animals should be given place of companions instead of just treating them like pets and everyone should guard them guardians instead of behaving like typical owners. Many people adopt dogs, cats or rabbits to stay with them at their houses and give them stay in their property. Environment is the major issue which is the only property that animals have. 3. Animals use in Experiments: Animals life has been exhausted because of fear of getting killed or used in something unfavorable everyday continue all types of luxuries in human life. So that women look good they are used to make heavy and healthy kind of cosmetics like Rabbit, dogs etc and decrease their life in the process.13 Animals’ advocates also argue on the fact that this practice shall not prevail because humans are not used for the same purpose. In spite of the act all animals are not saved as many animals do not come in Animal Welfare Act and degrade the whole concept and purpose to start it.

4. Animal : Another issue that prevails in Animals life is hunting. Because of the existence of non-vegetarianism in the country animals have to live with the fear of getting hurt every day to please and satisfy human hunger. Animals like chicken, pigs, goats, buffaloes, prons, fish and even cows are consume by 67% 0f humans in the world. This altogether disturbs the wildlife and their right to live freely in every country.

5. Animal Skin: Another issue is the soft and useful skin of animal skin which is not just used in making fur, but used in making other clothing and bags, show belts etc. specially Sheep’s and Wolves skin used in making warm winter coats for humans which make them go through a lot of pain. Lot of branded bangs and shoes are made of leather which harms lot of wild animals and disturb them to eternity.

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6. Animal Farms: Farming is another cruel way of performing the act of cruelty and abuse towards the animals. Farming is the oldest ancient and the most traditional way of harming animals at any place.15 Farming is practiced so that millions of people are employed in a healthy job regardless of the fact that it disturbs the wildlife. Some farms are being managed in a positive way by independent owners but few farms are managed by the factories which not just harm animals but tear them brutally by using them in life taking experiments. Farming is alone done to store animals so that they are available whenever they are needed for eating purposes. People have been criticizing the matter and are fighting for their rights but are still following the same practices are earlier.

7. Poaching and Ivory Trade: Every 15 minute a new elephant is been killed to export ivory in every part of the world. More than 6000 Indian tigers have been killed to practice the process of poaching in big countries. This matter has led to the most inhumane and illogical way of dealing with criminals. Every vote to stop ivory trade and protest against to stop elephant’s death has taken place but every criticism was further more criticised and stopped. Charities like save Rhino and save Tigers are in motion to stop the process of poaching in one’s country. Elephant charities are still to start in good force and need help so that they can be shattered soon.

8. Entertainment field: Animals like Lions, Tigers, Dogs, Elephants, and Horses etc are caged for the entertainment purposes and shows. Dogs are used to arrange dog race in order to grab Human attention and earn great amount of money from the same. Animals are also used as a big method of making money by training them in human ways and using them to make money for the same and destroying environmental life. They are even used in circuses by humans as a proof in order to grab the attention and make money from the same. Many other means like big Zoos, Dog fighting, Cock fighting, and Bull fighting are planned and organized all together with one motive in hand i.e. to make great amount of money using animals and not thinking about their life and emotions.

9. Change in Climate and Habitat: Another issue that arises in the life of an animal is the climate change which is the biggest problem in India’s climate. It has impact on both animals and

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humans in two different ways. Humans are prone to every climate change on the other hand animals are not really prone to every climate change. The ecological balance of the country is disturbed the most as afforestation and deforestation is two balances of ecosystem which helps the animal balance to the largest. Many forests are threatened because of the large rain and wind which decreases the amount of healthy place for the animals like elephants, tigers and rhinos etc. 90% impact of climate leads to effects the wildlife the most. Some animals are not even active during some climate like lizards are not active during winters so enough of healthy environment should be present there so that they can be prepared best for the hibernation. Climate also has a great impact in habitat and habits of certain and actually all animals like humans. If we as humans will not destroy their forests for our benefits so there can be proper place for them as their property in which they can feel free and secure.

INHUMANE PRACTICE AND CRUELTY TOWARDS ANIMALS

1. Bestiality: Bestiality is the term used for the sexual assault with animals when they as animals are forced by humans to perform sexual intercourse with a non-human or human category.17 Horrifying and shocking cases have come out which showcase such inhuman activity performed by real humans. In July 2018, eight men gang raped a pregnant goat in Gujarat. In Kolkata in same month in 2018 a 35 year old man raped a female dog brutally for hours. Many such incidents took place and are a clear vision of the fact that what has happened to men living in the society. Because of the fact that animals cannot speak they are brutally sexually played. 70% women claimed that their husband has a tendency of beating animals which were engaged in the concept of domestic violence. 2. Planned Animal Abuse: All the entertainment purposes come under the category of such abuse. As the entire Dog fighting, Cock fighting and Bull fighting are pre-arranged inspite of knowing the fact that animals will be harmed by the other animal.19 They are knew this concept then also these fighting’s arranged in order to satisfy human’s fun. In the end it’s the animal that dies or gets hurt and this concept doesn’t comes in the eyes of the higher authorities to take change.

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3. Chemical Abuse: Chemical is the type of abuse which happens in laborites of all kinds. 100 Millions Animals are killed because of this abuse that happens on animals in making of drug, chemical and food and specially cosmetics. This type of cruelty is inhumane on the other level and selfish on the part of all humans around the globe.21 4. Hoarding: Hoarding is the type of activity that is harming animals and most especially dogs and cats all over the world. This is the method which comes under domestic abuse as this method is performed when these animals are treated as pets in the house of the humans. They are beaten, stabbed and treated like shit by their owners. More than 10,000 cases of hoarding are estimated in India every year. 5. Manipulation of Genetics: Manipulation of Genetics is the other harmful method that is done with animals to increase their productivity and increase the process of growth amongst them. This process has increased in recent years and badly impacts the growth and health conditions of all animals. Approximately 92% of chicken face problems in their health because they are genetically manipulated for the consumption of chicken by the people. This is the most hurtful and dangerous way of animal abuse in nation.23

RELIGIOUS WAYS OF ANIMAL ABUSE AND CRUELTY

1. Gandhimai Festival in Nepal India: Gandhimai festival takes place on 28th and 29th of November every year in the small towns situated in Nepal.25 This festival is considered to be the world’s largest sacrifice of animals. This is the most dangerous and inhumane way of hurting animals. More than 500000 animals are innocently killed in two days during the occasion of festival. This can be considered as the cruelest form of harming and beating animals for the religious purposes and human activities. These animals are beaten ruthlessly and shown the stairs of death slowly and with more pain. According to the statistics more than 500000 animals were killed in 2009 and 300000 animals were thrown to death in 2014. Children of cows and buffalos looks at their mother when they to be dead for the religious cause. What inhumane can the human practice extend to satisfy the name sake of religion.

21 Available at www.youthkiawazz.com 23 Available at www.humansociety.org 25 Available at www.fiapo.org 18 | P a g e JOURNAL ON CONTEMPORARY ISSUES OF LAW [JCIL] VOLUME 6 ISSUE 7

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2. Jallikattu, Tamil Nadu India: Jallikattu is the festival which is celebrated in every part of Tamil Nadu on the second day of Pongal every year. 27 This festival is called “yeru thazhurvithal” which means embracing the bull. All the coins are attached in the bulls horns filled in a bad which will be awarded to the winner of the festival. It is part of the culture of the festival of Pongal. This sounds fun from outside to see it as a festive celebration but for this the bulls are trained in a very brutal manner. With the help of alcohol and chili powder and beating with sticks and iron rods etc is the brutal mode of training these bulls to perform the activity in the form of custom. Animals are been treated in inhumane way to perform the festive celebrations of humans.

3. Dog Meat Festival China (Yulin): This is another horrifying experience faced by Dogs of China. All kinds of dogs are been caged for dogs and kept without food and water and then are hanged on pillars from their ears and they are been sent to death in a very brutal and painful manner.29 This culture is considered as a festival in China but is the creepiest way to celebrate a religious occasion as it is hurting a creature not celebrating it in living manner.

4. Grindadreap, Faroe Islands: It is yearly event of Faroe Islands people who celebrate the killing of pilot whale as the tradition of their festival including the other water species.31 The concept was started in 1584 when they started with the motive just by killing 100 or 200 whales now the amount have reached to 1000s of whales killings in the name of tradition. They think that whales are not fit for the marine life that is why they should be killed and not leave in oceans they are taken on the shore and their throats are cut and eaten in form of meat. The concept of tradition has not spared no country in the world as it is turning out to be the method just to satisfy human life.

WHAT WE (HUMANS) CAN DO TO SAVE WILDLIFE

We as humans can help animals to maintain their habitat in preserve it by not disturbing the ecological balance and natural habitat of the environment. Their habitat is destroyed by the increase in pollution, deforestation, afforestation and unhealthy use of the natural environment which we on our part can decrease to maintain the balance of the nature. Secondly we can provide

27 Available at www.ipleaders.org 29 Available at www.peta.org 31 Available at www.thelifegate.com 19 | P a g e JOURNAL ON CONTEMPORARY ISSUES OF LAW [JCIL] VOLUME 6 ISSUE 7

ISSN 2455-4782 water to as many possible animals by storing some water material outside our houses or by keeping a container on the terrace of our houses for the birds and animals who travel from one place to another.

Use of chemicals and other fertilizers by famers should be reduced or decreased to minimum as their great amount of use can affect the wildlife in the forests. We should try and use more of ecofriendly products. In certain climatic conditions food for birds and different air animals’ decrease in the forests so we should try and keep some food items for them in our backyard or terrace of the houses. Most animals have their life dependent on the trees and greenery of the nature so it is important from our side to decrease the amount to minimum in cutting or shredding of trees or plants.

We can even protect the habitat of the small animals by planting more trees or plants or cultivating our own garden in our houses and providing them with the more healthy and green environment to live in. It is our responsibility to keep our pets and home animals indoors and save in the houses as the pets have the tendency to catch diseases and viruses when they are prone to go out and meet the animals on the streets.

We can help in the process of conservationist as humans as we can help in providing home to the bare an street animals around our area by taking them to the teams or groups who provide help to the left out animals in the possible manner. As humans it is our responsibility to take part in the conservation in the wildlife and environment by joining the different communities and groups who do such process as it is always in our hand to do something good or bad for the economy.

Reduce, Reuse and Recycle policy can make a great difference in protecting the environment as reduction in manufacturing and reusing the manufactured products and trying in recycling in whatever way possible increase the chances of making the environment more happy and healthy to live in. It is very important to save energy so that they are impacted less. Less use of cars and more and more use of bicycles can help in saving the energy and pollution which devastates the nature more.

We should start becoming the smart and educated consumers in every kind of product as it is very important to consume wildlife favoring products. Non-vegetarianism should be decreased to

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ISSN 2455-4782 minimum in order to save the animals. Religious customs should not be followed are all these things are stereotype generated from the ancient times of the history and no practical knowledge teach us to break the healthy and effective way of living of wildlife. We should not try and pet the wild animals such as lions, tigers, beers, wild cats etc. which can in return turn out to be dangerous for the owner and people living near that area they should not be separated from their natural life. Manufacturing of the products used and made from the use of animals and animal skin should not be bought as educated and literate humans of the planet earth.

LANDMARK CASES THAT SHOWS THE EVOLUTION IN RIGHTS OF ANIMALS

1. People for Ethical Treatment of Animals vs. Union of India34: In this case in 2006 Bombay high court stated the landmark judgment saying that use of animals in making of movies and other entertainment photography and videography should be done by taking the permission from the Animal Welfare Board of India as animals are used in very reluctant and indecisive manner which can even harm the animal and can even take its life in the process. The 2001 Rules of Animal Welfare Board focus on protecting the state of animals from getting exploited and ill treatment by any company or society in making of life of any animal miserable or hurtful. 2. Shri. Ajay Madhusudan Marathe vs. New Sarvodhya CHS Ltd36: In this case the resident filed the complained in the court stating that dogs should not be allowed to stay in society building or if allowed should not be allowed to use the lifts of the buildings of the society. The society filed the statement stating that any dog is not the consumer and should not be allowed in using the lifts of the buildings the lifts stinks of dogs and gets dirty. The court declared that his owner being the consumer of the co-ho housing of the society so any of his party can enter anywhere in the society and that too dog was from the well managed club of India and its certificate was issued in the municipal corporation of India about his vaccination his health issues and measures taken. Legally the dog is bound to go anywhere taken by its owner.

34 People for Ethical Treatment vs. Union of India And Ors on 5th March 2009 W.P.(C)23480/2005 36 Shri Ajay Madhusudan Marathe vs. New Sarvodhya AHS on 12th January, 2010 Appeal no- 676 of 2009 21 | P a g e JOURNAL ON CONTEMPORARY ISSUES OF LAW [JCIL] VOLUME 6 ISSUE 7

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3. State of UP vs. Mustakeem and Ors38: Earlier from this case it was seen that the goats were exported from the state of UP where they were treated in a very cruel manner and were exported for the purpose of slaughter in India and other countries and all this matter was against the provision laid down by the Animal Protection from Cruelty act 1960. In this case Supreme Court lay down that the animals should no longer be protected under the custody of owners as they use them for the matter to make money rather they should be send to animal protection center or the gowshala’s near the place to take care of them with proper care. 4. Gauri Maulekhi vs. Union of India and Ors40: In this case Supreme Court imposed the ban on the transportation and exportation of the cattle’s in order to celebrate the religious custom of the Gandhimai festival of Nepal in 2014. The Supreme Court state that the cattle were used in very cruel in brutal manner in the name of religion and this practice should no longer prevail in order to save the wildlife. Before this Shashtra Bheema Dal stated the rules and regulations related to cattle market, animal market and every other market which related to the transportation of animals. The Supreme Court laid the rules and stated that all have to follow those full regulations. 5. Animal Welfare Board of India vs. A Nagaraja and Ors42: Another religious that was banned by the court was after this case which banned to religious custom and tradition which was followed for years in Tamil Nadu in form of the Jallikattu festival which was celebrated in order to embrace the Bulls. In this case Section 3 and Section 11 of the PCA Act 1960 was included stating that unnecessary fightings and exploitation of animals should be avoided whether in form of Culture or Tradition or any religious occasion it should totally be banned from the society. After these cases all the improvisation done by the court was to be followed with rules and all applied regulations.

38 State of UP vs. Mustakeem and Ors on 1st October, 2019 Application No- U/S 482 No- 36908 of 2019 40 Gauri Maulekhi vs. Union of India on 15th February 2018 CWP No. 5845 of 2015 42 Animal Welfare Board of India vs. Nagaraja and ORS on 7th May 2014 Appeal No- 11686 of 2007 22 | P a g e JOURNAL ON CONTEMPORARY ISSUES OF LAW [JCIL] VOLUME 6 ISSUE 7

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LEGAL PROVISIONS RELATED TO ANIMAL RIGHTS

After the whole struggle faced by animals of the country few legal provisions were amended to take due care of them as citizens of the country.Various Acts passed by different countries in past are as follows44-

1. The Animal Welfare Act, 1966 signed by the United States of America states the laws which are related to the welfare and protection of the Zoo animals and checked all the inhumane practices which were practiced against all kinds of animals.

2. The ’28 Hour Law’ which was started in 1873 included the laws which states that motor vehicles should be used instead of animals in order to transport the food and other products.

3. The Humane Slaughter Act, 1958 passed by Turkey Government and amended in 1978 stated the fact that in order to cause less pain to animals they should be unconscious before slaughtering. Those various birds and chickens were not included under this Act.

4. The PACT Preventing Animal Cruelty and Torture Act, 2019 within United States lays the crime that related to the animal cruelty, torture, smuggling, sexual exploitation, drowning, burning, gaming etc which exploits animal life in some way or the other.

INDIAN LAWS PERTAINING TO ANIMAL RIGHTS

1. Article 51(g) of the Constitution of India states the fact that, it is the fundamental duty of every living being to protect and love every animal with compassion in order to make them feel alike by all means. 2. Section 428 and Section 429 of IPC48 – states that it is a crime by law to kill, maim and slaughter any animal by any means. Its punishment of 5 years and fine of Rs 50 is stated under section 429 of IPC.

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3. Section 11 (1) (i) and Section 11 (1) (j) of PCA, 196049- states that it is a legal crime done by any person if they abandon or mistreat any animal around them. This act lands any person of such kind in Imprisonment of three years. 4. Rule 3 of PCA 2001 and Chapter 4- states that no animal can be slaughtered anywhere in common in the locality animal slaughter can only take place in the slaughter house to prevent the chaos.50 5. Section 11 (1) (h) of PCA, 1960- states that if any animal is tied for hours and is keep without food and water in spite of being a pet is a crime punishable for the imprisonment for 3 Years by this act. 6. Wildlife Protection Act 197251- states the protection for all animals in the country and state. 7. Section 22 (ii) of PCA, 1960- states that all animals like monkeys, dogs, horses etc are been prohibited from being trained by any authorities for the entertainment purposes of the humans.53 8. Rule 3 Slaughter house 200154- states that prohibiting or neglecting any animal for no reason is a crime. 9. Section 11 (1) (m) (ii) Section 11 (1) (n) of PCA, 1960- states that any kind of fight arranged by animals like bulls, dog, cocks is a crime under the eyes of the law as it cause hurt to the animals. 10. Section 38 (j) of Wildlife Protection Act, 197255- states that hurting or mistreating animals in zoo and other places is a crime and can cause punishment of three year and fine of rs. 25000. 11. Section 9 of WPA, 1972- states that poisoning, bating, or capturing wild animals is a crime under the Law. It further states that, destroying and kind of nests or eggs of the animals or using them for wrong purposes is a crime and can be death with fine upto Rs 25000 and imprisonment of Seven years.

49 The Prevention of Cruelty to Animals Act, 1960 50 Ibid 51 Wildlife Protection Act 1972 53 Supra note 47 54 Prevention of Cruelty to Animals (Slaughter House) Rules, 2001 55 Supra note 49 24 | P a g e JOURNAL ON CONTEMPORARY ISSUES OF LAW [JCIL] VOLUME 6 ISSUE 7

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12. Section 11 (1) (d) of PCA, 1960 and Motor Vehicles Act 1978 Rule 2001- states that carrying or using any animal on any motor vehicle is a punishable offence because it cause discomfort to them in every manner.56 13. Article 24 (g) 11th Schedule- states that it is under the state regulation and panchayat to see the matter relating to and industry as a whole.58

CONCLUSION

Animals from the ancient times and till date have faced a great amount of imperfections and struggles in their life and in their rights as creatures of the nature. It has always been necessary to provide them equal stake as we have been given to Human by the Law and by the Government. Seeing the process of inhumane nature and cruelty that has been faced by the animals of every country it has become a need to resolve this problem because of which laws and acts have been laid down by the government to resolve the enormous issue. Laws and Acts have been passed by the government and the state but it is the responsibility of us as humans to follow them for the sake of animals. It is our duty to follow every law and custom sated by the Law. Although lots of cases and theories have come out which states that humans do not really follow the laws laid down by the government as they think that it is the myth that we are following. If animals cannot speak in our language that doesn’t mean that we do not respect them or treat them in inhumane manner as this is strictly against the philosophy of human nature too if not by Law. Every law that is implemented or stated is for the own benefit of the state and the country which should strictly be followed by every citizen. Animal’s rights and laws stated by the government are a reality not a myth that are wholly amended and applicable on every single citizen which should strictly be followed by each and everybody not just for the name sake but for the benefit for the entire human life.

56 Motor Vehicles Act 1978 58 The Constitution of India, 1947 25 | P a g e JOURNAL ON CONTEMPORARY ISSUES OF LAW [JCIL] VOLUME 6 ISSUE 7