ISSN 2455-4782 ANIMAL CRUELTY IN INDIA: A FATAL OVERSIGHT Authored by: Kunal Nema*& Akshita Prasad** * 2nd Year BBA.LLB Student, New Law College, BVDU, Pune ** 2nd Year BA.LLB Student, New Law College, BVDU, Pune ABSTRACT Incidences of animal cruelty are on the rise in India and also all over the world. Many a times we turn a blind eye towards the rights of the animals. Like humans animals also have rights against being exploited or persecuted. It is a serious issue that demands our urgent attention. Through this paper we have attempted to bring into the spotlight implications of animal cruelty on the society, how does it affect it and can be a major risk to both animals and humans. The prevention of cruelty to animals act, 1960 is the prime focus as it is the primary law pertaining to animal cruelty. The act itself is over decades old and is plagued with flaws that comes with time and it needs to be reexamined in accordance with the present time. Combating the menace of animal cruelty is a pledge that should be undertaken by everyone including the Government of India, Legal system and citizens themselves. In conclusion we note that animal cruelty is a product of our own making and can only be dealt with harmonious intervention by the law and the people. Keywords: Prevention of Cruelty to Animals Act, 1960; Animal Cruelty; Human Violence. 45 | P a g e JOURNAL ON CONTEMPORARY ISSUES OF LAW [JCIL] VOLUME 5 ISSUE 3 ISSN 2455-4782 INTRODUCTION All residing things have a right to stay on this earth, however, we, very regularly emerge as, completely, insensitive to their pain, only because animals can't communicate the language of human beings, they don't have a voice. This can be seen in a well-known quote which is going as: “The assumption that animals are without rights and the illusion that our treatment of them has no moral significance is a positively outrageous example of Western crudity and barbarity. Universal compassion is the only guarantee of morality”- by Arthur Schopenhauer1. Each day in nations around the world, animals are fighting for their lives. They're enslaved, beaten, and saved in chains to make them carry out for human beings' "amusement"; they're mutilated and confined to tiny cages in order that we are able to kill them and eat them; they're burned, blinded, poisoned, and cut up alive in the name of "science"; they may be electrocuted, strangled, and skinned alive so that human beings can parade in their coats or worse just because they enjoy it. Animal cruelty is a behaviour that is dangerous to animals, from unintended neglect to intentional killing. The infliction of bodily pain, suffering or loss of life upon an animal is animal cruelty. The misuse of animal or the usage of animal for the purpose past the animal restriction is animal abuse. Most of the people who abuse animals do not do it on a cause. They harm animals due to the fact that they do not consider or understand what they're doing. Those humans do not know that what they're doing is cruel; people are merciless because they don't pay interest. To conquer this, there are programs through which we can train people that animals feel ache too and that it could be risky to abuse an animal due to the fact that said animal should grow to be violent and hurt and that is something which is unlawful to a positive extent. In the broadest sense, "animal cruelty” encompasses a range of behaviours harmful to animals, from neglect to malicious killing. Most cruelty cases investigated by humane officers are acts of unintentional neglect that can be resolved through education2. Intentional cruelty is abuse by way of which someone knowingly deprives an animal of food, water, refuse, socialisation, or veterinary care or includes maliciously torturing, maiming, mutilating, or 1Arthur Schopenhauer, On the basis of morality (2001). 2Understanding animal cruelty: A study and activity guide for high-school students and their teachers. (2005). East Haddam, CT: National Association for Humane and Environmental Education. 46 | P a g e JOURNAL ON CONTEMPORARY ISSUES OF LAW [JCIL] VOLUME 5 ISSUE 3 ISSN 2455-4782 killing an animal. “Abuse” occurs when a person causes an animal to suffer as a manner of achieving dominance or a behavioural reaction. That individual does no longer always revel in harming animals for harm’s sake. Instead, he or she is attempting to demonstrate force over an animal or to control an animal’s actions. An example of animal abuse is when an animal instructor whips an elephant to force the animal to perform circus hints. “Neglect” to animals takes place when human beings fail to offer their animals with proper refuge, meals, water, attention, grooming, or veterinary care. Cases of neglect are acts of omission instead of acts of commission and do not give pleasure to the individual whose animals are neglected. An instance of neglect may be determined within the home of a person who “collects” animals. ANIMAL CRUELTY AND HUMAN VIOLENCE: A CRUCIAL NEXUS There is and has been a need of a preferred public policy to save cruelty to animals. Cruelty to animals is a criminal offence; consequently, it's far an offence towards the society. But it's far inhumane of us and dangerous for the civility of our society that such offences primarily are not noted by us, either due to the unawareness among each the offenders and the general public of the laws or because of the insensitiveness of them. Limitless studies by specialists within the fields of psychology, sociology and criminology have proven that violent offenders often have formative years and adolescent histories of great and repeated animal cruelty. The FBI has recognized the connection since the 1970s, when its analysis of the lives of serial killers suggested that most had killed or tortured animals as children. Other research has shown consistent patterns of animal cruelty among perpetrators of other forms of violence, including child abuse, spousal abuse and elder abuse. In fact, the American Psychiatric Association considers animal cruelty one of the diagnostic criteria of conduct disorder3. In his childhood, self-confessed “Boston Strangler” Albert DeSalvo trapped dogs and cats in orange crates and shot arrows through the boxes. Before he was ever charged with the murders of the thirteen women he admitted to killing, DeSalvo himself was killed in prison. He had been serving time on 3Robert Casserly, Preventing Animal Abuse Daily Tidings, http://dailytidings.com/archive/preventing-animal-abuse (last visited Feb 24, 2019). 47 | P a g e JOURNAL ON CONTEMPORARY ISSUES OF LAW [JCIL] VOLUME 5 ISSUE 3 ISSN 2455-4782 an unrelated rape conviction4. According to a New South Wales newspaper, a police study in Australia revealed that “100 percent of sexual homicide offenders examined had a history of animal cruelty5. To researchers, a fascination with cruelty to animals is a red flag inside the backgrounds of serial killers and rapists. Another study, published in 2013, found that 43% of those who commit school massacres also committed acts of cruelty to animals — generally against cats and dogs6. Acts of cruelty to animals aren't mere indications of a minor character flaw within the abuser; they're symptomatic of a deep mental disturbance. In fact, most people who are on death row for murder have admitted to abusing animals as children7. People should understand that abuse to any residing being is unacceptable and endangers absolutely everyone. Kids ought to be trained to take care of and respect animals. After an extensive observation of the connections between animal abuse and human abuse, two experts concluded, “The evolution of a more gentle and benign relationship in human society might be enhanced by our promotion of a more positive and nurturing ethic between children and animals”8. RECORDED ACTS OF ANIMAL CRUELTY AND APPROPRIATE LAWS APPLICABLE TO SUCH ACTS Animals are as much part of this country as we are, they too have a fundamental right to live and to be treated with care and dignity but there are some instances and appalling events that state otherwise such as rape of the animal9,for which the punishment is mentioned in Indian Penal 4 Supra note 2 5Animal Abuse and Human Abuse: Partners in Crime, PETA (2017), https://www.peta.org/issues/animal-companion- issues/animal-companion-factsheets/animal-abuse-human-abuse-partners-crime/ (last visited Feb 24, 2019). 6Animal Cruelty and Domestic Violence - The Link Between Cruelty to Animals and Violence Toward Humans, Animal Legal Defense Fund, https://aldf.org/article/animal-cruelty-and-domestic-violence/ (last visited Feb 24, 2019). 7Arkady Bukh, The Link Between Animal Abuse and Serial Killers New York Criminal Attorney: NY Criminal Defense - Bukh Law Firm (2015), https://www.nyccriminallawyer.com/the-link-between-animal-abuse-serial-killers/ (last visited Feb 24, 2019). 8Stephen R. Kellert and Alan R. Felthous, “Childhood Cruelty Toward Animals Among Criminals and Noncriminals,” Human Relations 38 (1985): 1113-29. 9India Today Web Desk, Pregnant goat dies after 8 men gang-rape it in Haryana India Today (2018), https://www.indiatoday.in/india/story/pregnant-goat-dies-after-8-men-gang-raped-it-in-haryana-1299168-2018-07-28 (last visited Feb 25, 2019). 48 | P a g e JOURNAL ON CONTEMPORARY ISSUES OF LAW [JCIL] VOLUME 5 ISSUE 3 ISSN 2455-4782 Code10, killing or mutilating animals in a cruel and merciless manner11 for which the penalty is mentioned under the Prevention of cruelty to Animals Act 196012.