Animal Abuse – An Inhuman Practice [2020]

Animal Abuse – An Inhuman Practice [2020]

Animal Abuse – Cruelty on Animals

“If having a soul means being able to love and loyalty and gratitude, then animals are better off than a lot of humans.” – James Harriot

From childhood we have heard that dog is the best companion of a men. Many times, a person gets berated by another, but an animal will never betrays a human. The only difference between an animal and a human is that human comes with a brain which is capable of reasoning and animals don’t have reasoning sense. Animals are innocent, lovable and loyal living organisms. Whenever a human is being abused by another, the whole society start protesting for their justice. As because the animals are not able to talk, what about their protection and justice? Think about it once.

         Animal Abuse is basically deals with the cruelty to animals that an animal under goes by human due to different reasons. Animal abuse includes liberally hurting or harming an animal too. Abusing an animal can be gone intentionally or by neglecting them. Animal Cruelty has a vast concept to cover i.e. animal working in a circus in cruelty, killing animals for achieving something, killing animal for their skin to use for business purpose and sometimes torturing animals for self-satisfaction (disorder of human psychology). Charles Darwin in his book named The Descent of Man (1871) has wrote “There is no fundamental difference between man and the higher mammals in their mental faculties”.

The question arises that is not, can they reason nor can they talk? But are they able to suffer?

Taking the resent case of the pregnant elephant of Kerala, who died due to explosion took place inside her mouth. What was her fault? That she was hungry.  The pregnant wild elephant was fallen in the trap which was prepared by the local people. The elephant went near the village in search of food, where she found a pineapple. The pine apple was filled with powerful crackers, which exploded in her mouth when she chomped on it. She was injured badly, and was not even able to drink water or eat anything. At that point of time she would have went inside the village and destroyed everything but she didn’t.

Animal Abuse

Legal Provisions

  1. If a person is found to kill or maim any animal, including stray animals than he will be punished under Section 428 (Mischief by killing or maiming animal of the value of 10 rupees) and 429 (Mischief by killing or maiming cattle, etc., of any value or any animal of the value of fifty rupees) of The Indian Penal Code.
  2. If a person is found abandoning any animal for any reason can put that person in prison for up to 3 months, as mentioned in Section 11(1) (i) and Section 11(1) (j) of the Prevention of Cruelty to Animal Act, 1960.
  3. According to Section 11(1) (h) of PCA Act, Neglecting an animal by denying her sufficient food, water, shelter and exercise or by keeping him chained or confined for long hours is punishable by a fine or imprisonment which may extend to 3 months or both.
  4. According to Section 22(ii) of PCA Act animals like bears, monkeys, lions, panthers, and bulls are prohibited from being trained and used for entertainment purposes, either in circuses or streets.
  5. According to Slaughterhouse Rules, 2001 animal sacrifice is illegal in every part of the country.
  6. Monkeys are protected under the Wildlife Protection Act, 1972 and cannot be displayed or owned. This will insure no ill-treatment of the monkeys.
  7. Section 38J of The Wildlife Protection Act, 1972 deals with the punishment of imprisonment up to  3 years or fine of 25,000 rupees in case if someone is caught teasing, feeding or disturbing the animals in a zoo and littering the zoo premises.

Constitutional Provisions

–       Article 48 directs the state to take steps for preserving and improving the breeds, and prohibition the slaughter, of cows and calves in other milch and draught cattle.

–       Article 48-A place some duty on the state to “endeavour to protect and improve the environment and to safeguard the forests and wildlife of the country”.

–       Article 51A (g) place duty on the citizen of the country to “protect and impose the natural environment including forests, lakes, rivers and wildlife, and to have compassion for living creatures.

The Prevention of Cruelty to Animal Act 1960

            It is the Central Legislation regarding animal protection from all types of cruelty in India. According to this Act an animal refers to any living creature other than human beings. The Act imposes duties on the person who is having the charge of animal. It is to make sure by the person to take all responsible measures to ensure the wellbeing of the animal they have and to prevent the infliction upon such animal of unnecessary pain or sufferings. To avoid unnecessary pain before, during and after the experiment. To prevent the cruelty to animals.

In Wildlife Rescue and Rehabilitation Centre v. Union of India the Supreme Court directed that Chief Wildlife Warden to keep a count of all capative elephants in the State of Kerala and ensure that the requisite declarations and certificates under Section 40 and 42 of the Wildlife Protection Act, 1972 are duly obtained by the owner.

In AbdulkadarMohamad Azam Sheikh v. State of Gujaratthe Gujarat High Court held that caging of birds amount to illegal confinement and curbing of their fundamental right to move. 

In State of West Bengal v. Ashutosh Lahiri, It was held slaughtering of healthy cows on BakrI’d is not essential or required for religious purpose of Muslim.

Conclusion

            The issue of protecting the rights of the Animals who are victim of abuse is a vast to cover. Every individual has a different prospective regarding the rights of a animal. Societies have different mentality on different kinds of animal. Killing a animal or cruelty with animals  for religious purpose in a society may not like by the other group of society. Animals too have life and the freedom to live, stop the violence on them. God have created the ecosystem with a balance, it is our responsibility to maintain that balance. 

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