Introduction
In India cases of animal abuse are rising at a very higher rate specially against stray animals. This is a very crucial topic which is not discussed more. Stray animals have been abused to cruelty from a very long time and with the increase in human population, cases of animal cruelty are also increasing. We will discuss the causes , effects and solution of animal cruelty against stray animals in this article.
History and background
Animals have been considered an important part of Indian history and mythology. Animals have been given great importance in Indian vedas and scriptures also. Epics like Ramayana and Mahabharata holds great significance of animals. For instance, Ramayana mentions about various animals such as jatayu , squirrel and monkeys. In Mahabharata too there is a tale where yudhishthira refuses to go into heaven without dog. So all these stories and tales depicts the importance of animals in Indian culture and tradition.
But , with the beginning of evolution interactions among animals and humans have been severely affected. Evolution has played a significant role in influencing the life of stray animals. There are many factors that have given rise to cruelty towards stray animals.
Factors leading to animal cruelty
- Absence of compassion – absence of compassion and empathy is the the primary factor which leads to animal cruelty. Sometimes people fails to understand that animals too have feelings in a similar way as human. They consider animals as an irritant or as a mere source of entertainment. Some people may fear that stray animals carry various diseases which make them to avoid interaction .
- Physical abuse – physical abuse towards stray animals is increasing day by day , which leads them to sufferings and pain. Cases of bestiality are rising at a higher rate. Bestiality means a sexual relationship between an animal and a human. Bestiality is very cruel for an animal. Bestiality can cause severe injuries in the vagina , anal and other parts of an animal. Another forms of physical abuse includes beating,dragging,kicking, poisoning,shooting etc.
- Neglect – sometimes ,pet owners abondon their pets on streets due to various reasons. Such reasons can include time factor , lack of experience, change in life situations, lack of financial resources, healthcare problems etc. Abondonment can cause harmful consequences to animals such as suffering from hunger or they may suffer from severe injuries to diseases. Many on them are killed on roads accidents.
- Lack of awareness and education – one of the reason is that people does not have a proper source of information regarding welfare of animals. It shall be the duty of government to provide education and information about animals to general public. Initiatives must be taken by government such as making animal welfare a part of academic curriculum , conducting various programs in remote areas as well as in urban areas , providing sufficient funds to organizations who are working towards the rehabilitation of stray animals.
Laws related to animal protection in India
Although various laws have been formulated for protection and care of stray animals , yet there is a need of effective enforcement mechanism for better implementation of such laws.
Prevention of cruelty to Animal act,1960
The prevention of cruelty to animal act,1960[1] was enacted to prevent the infliction of unnecessary pain or sufferings on animals. Section 11 of the act defines several acts of cruelty towards animals it states “if any person – beats , kicks , over-rides , over-drives , overloads , tortures or otherwise treats any animal so as to subject it to unnecessary pain or suffering , or being the owner permits , any animal to be so treated or willfully administers any injurious drugs to any animal or keep or confines any animal in cage , or being the owner neglects or fails to provide sufficient food , shelter and drink , or mutilates any animal or kills any animal[2]” shall be punishable with fine which shall not be less than ten rupees but which may extend to twenty-five rupees but which may extend to one hundred rupees , or with imprisonment for a term which may extend to three months , or with both.
Section 325 of BNS
Section 325 of BNS (Bhartiya Nyaya Sanhita)[3] states “ whoever commits mischief by killing , poisoning , maiming or rendering useless any animal shall be punished with imprisonment of either description for a term which may extend to five years , or with fine , or with both.
Animal welfare and international laws
As of now , there is no international treaty that governs the welfare of animals. The UN Convention on Animal Health and Protection[4] , was introduced in August 2018 but it has not been adopted yet. It was initiated by Global Animal Law (GAL) Association. Article 1 of this convention talks about responsibility ,care and assistance of animals. It states that human must act in a responsible manner towards animals according to their species-specific and ethological needs. Article 4 talks about non-cruelty and good treatment. It states “all parties should take appropriate measures to end avoidable cruelty towards animals and promote compassionate and humane treatment”. Article 5 provides fundamental interests of animals and Article 7 talks about general measures for animal health, welfare, and protection.
Case laws
Animal Welfare Board of India v. People for Elimination of Stray Troubles & Ors. (2009)[5]
in this case , the organisation argued that municipal corporation is using cruel and inhumane ways to control population of stray dogs including culling. These ways violates the provisions of Prevention of cruelty to Animals act , 1960. The supreme court emphasized that municipal corporation must provide mandatory infrastructure provided under the prevention of cruelty to animals act , 1960 and Animals Birth Control (Dogs) Rules, 2001 to maintain balance between dogs and human beings and thereafter, they can harmoniously co-exist with each other.
Urvashi Vashist & ors. Vs Residents Welfare Association & ors (2021)[6]
In this case, the petitioners were animal lovers who gave care to and were feeding street dogs in Vasant Kunj , New Delhi. Petition was filed by them which stated that whenever the petitioners were trying to feed the dogs , enormous resistance was caused by the local residents. The Delhi High Court contended that a specified spot is to be identified by the parties and in those identified sites, the street dogs are to be fed by petitioners .
People for Elimination of Stray vs State of Goa by its Chief Secretary & ors (2008)[7]
In this case the petitioners filed a writ petition stating that whether the municipalities or local authorities have the right to kill stray dogs instead of following a humane approach like sterilization as per the Prevention of Cruelty to Animals Act. The judges contended that killing of stray animals are not permissible. Such practices are prohibited. The killing of stray animals must be done by humane approach. No one is allowed to kill them by shooting or poisoning. The judges supported the scientific approach i.e. sterilization and immunisation through the participation of Animal Welfare Organisations (AWO) .
Role of NGO’s in protection of stray animals
Non- governmental organisations and non-profit organisations plays a vital role in protection of stray animals. They work towards the betterment of such animals who are often neglected. They work tirelessly and without the greed of any profit. Some of their functions are –
- Rescue and rehabilitation – NGO works towards the rescue and rehabilitation of stray animals. Sometimes animals are found in terrible situations , NGO’s help them to get rid off that situation and rehabilitate them in a safe place. They provide medical facilities to those animals who are injured in road accident or are suffering from any kind of disease.
- Awareness – NGO’s raise public awareness about animals welfare and demand for strong laws for animal protection. They provide information to general public about care of animals and educate them about the consequences if they are neglected.
- Population control – NGO’s helps to control population of stray animals in a humane and effective way. They conduct sterilization programs in association with government in different areas and localities which focus on spaying stray animals to control their population and to strike a balance between humans and animals.
- Rehoming – NGO’s help animals to find them a home. NGO’s conduct adoption programs both online and offline to provide animals a safe shelter and a good environment where a good care of them could be taken.
Conclusion
Animals are the most vulnerable creatures on Earth. The condition of stray animals in getting worse day-by-day. They face many challenges such as lack of food, shelter , medical facilities etc. It must be the duty of every citizen to provide them with proper care and protection. The government must implement more strict laws for their protection and provide for harsher punishments for those who physically abuse them. There is a need to spread social awareness among general public about care and protection of stray animals.
[1] https://www.indiacode.nic.in/bitstream/123456789/11237/1/the_prevention_of_cruelty_to_animals_act%2C_1960.pdf
[2] https://indiankanoon.org/doc/1763700/
[3] https://bharatiyanyayasanhita.online/ufaq/section-325-of-bns/
[4] https://www.uncahp.org/
[5] https://indiankanoon.org/doc/41496732/
[6] https://indiankanoon.org/doc/162562452/
[7] https://indiankanoon.org/doc/1250255/
Author: The article has been contributed by Anushka Sharma.