AN ANALYSIS ON ANIMAL CRUELTY IN INDIA

AUTHOR- KHUSHI GOYAL*

EDITOR- MANISHIKHA MONDAL

INTRODUCTION

In literal terms, abuse implies inflicting pain, hurt, or violence on someone on a regular or frequent basis; thus, animal cruelty is defined as the malpractice of treating animals with cruel, violent, unethical, and depraved behaviour.[1] Animal cruelty is defined as subjecting animals to an environment where they feel terrified, defenceless, and terrorised. People feel they have a right to the life of animals and can treat them any way they see fit. Every day, numerous animals die because of inhumanity, cruelty, and brutality. Animals are sentient beings capable of feeling love and devotion; it is every human's responsibility to care for their health and sustenance. Cases of animal cruelty are increasing daily, and the reasons for these killings remain unknown. People slaughter and mutilate animals for personal enjoyment or amusement.

The recent cruel killing of a 15-year-old pregnant elephant in Kerala has sparked international outrage. The pregnant elephant fled the Silent Valley Rainforest on May 12th, 2020 and entered a nearby village in search of food. Wilson, the accused, offered the elephant a coconut stuffed with explosives.[2] The fruit exploded in her mouth as she chomped on it, causing severe injury. Her jaw was broken, and she suffered severe internal injuries because of the explosion in her mouth. The elephant wandered around in misery and agony for the next two weeks. Nobody bothered to come to her aid. The elephant entered the Velliyar river in Malappuram on May 25th, 2020, where she remained for two days, wriggling in excruciating pain. The accused understood the pregnant elephant was in excruciating discomfort. Nonetheless, they exhibited little concern or assistance.

The sad elephant drowned herself on May 27th, 2020, with her head dipped in the water, and died. The accused claimed that explosive-filled fruits were used as bait to trap wild animals, but the purpose to cause such great injury is nothing less than inhumane. Such violence to animals is terrible, and it is, therefore, vital to speak out and enact specific legislation to protect wildlife from such cruel behaviour.

TYPES OF ANIMAL ABUSES

a. Sexual Abuse (Bestiality):

The term "bestiality" refers to intercourse between a human and a non-human (animal). It essentially refers to the demeaning act of a person having sexual relations with an animal. Horrible and unsettling examples of animal rage are frequently in the news these days. It is no longer a rare occurrence. A pregnant goat was gang-raped by 8 males in Haryana, Gujarat, in July 2018.[3] Apart from that, a 35-year-old man was charged with having sex with a female dog. A similar incidence was recorded in Vadodara, where a man, who worked there as a worker, raped three pregnant cows. Such occurrences demonstrate how insensible humans are becoming day-by-day. Animals do not have the same rights as humans and their life is regarded as less valuable by a lot of people. Sixty percent of women who have been victims of domestic violence reported that their husbands have a history of killing or hurting animals.

b. Physical Domestic Abuse:

This is a sort of maltreatment in which the violence perpetrated on the animals is completely intentional. The goal is to inflict extreme harm, agony, and emotional trauma on the animal. Physical aggression produces an environment in which animals feel dominated, scared, and terrified. Some people are incapable of displaying love and affection to animals. Domestic violence can take numerous forms, including beating, stabbing, kicking, starving, neglecting, and burning them. If a man can beat, hit, or damage his wife, there's a good chance he'll do the same to his pet. In 2016, one of the deadliest instances of this type occurred.[4] A 5-month-old dog was thrown off the roof of a medical student's terrace in Chennai, India. Although the dog lived, it suffered numerous severe and internal injuries.

c. Organised Animal Abuse:

Organized animal abuse is a type of animal cruelty that involves animal combat, such as dog fighting, bullfighting, and cockfighting, which is done primarily for entertainment purposes. It is simulated combat in which animals are trained to attack each other viciously and aggressively. Animals either perish or suffer greatly in the end. Because such bouts are generally held underground, they are kept out of sight of authorities. It is difficult to identify such battles because they are quite covert in nature.

LAWS IMPLEMENTED:

1. THE PREVENTION OF CRUELTY TO ANIMALS ACT, 1960:

The Indian Parliament enacted the prevention of animal abuse Act in 1960 to prevent unnecessary cruelty and brutality on animals. It defines the conduct and actions that constitute mistreatment of animals, as well as the consequences associated with them. The principal offences that entail animal cruelty are defined in Section 11 of the PCA, 1960.[5]

All the offences specified in Section 11 of the Act are punishable. A penalty of around ten rupees is levied on a first-time abuser, with a hefty fine of fifty rupees. For a successive crime committed within three years of the prior offence, a compensation of not under twenty-five rupees, that might be enhanced to fifty rupees, or sentenced to imprisonment of three months, or either, is inflicted. The following are discussed in other provisions of the law:

A. Section 12: Prohibition of practising Phooka

B. Section 13: Order for Destruction of Suffering Animals

C. Section 14: Experimentation and Product Testing of Animals

2. THE WILDLIFE PROTECTION ACT, 1972:

On September 9, 1972, the Indian Parliament enacted the Wildlife Protection Act. It's broken down into 66 portions and six schedules. The act's major purpose was to protect animals, flora, and fauna, along with prevention of excessive animal suffering.

A. Section 9: Hunting Is Illegal

B. Section 38(J): Prohibition on Teasing and Injuring Animals in Zoos

C. Penalties are dealt with under Section 51.

3. THE CONSTITUTION OF INDIA, 1949

A. Article 48 discusses agricultural and animal husbandry advancements.

B. Article 48A addresses environmental and wildlife conservation.

C. Article 51A establishes the 11 essential obligations established to the Constitution by the 42nd Amendment Act of 1976.

4. THE INDIAN PENAL CODE, 1860

Sections 428 and 429 stipulate that anybody who causes damage, suffering, death, or wounding to animals or cattle with the intent of inflicting suffering, damage, death, poisoning, or maiming faces a fine, up to 5 years in prison, or both.

CASE LAW

STATE OF UTTAR PRADESH V. MUSTAKEEM & ORS-

When it was discovered that the goats were being carried for butchering in an unusually harsh and cruel way, with both legs tied together with a tight rope, an F.I.R. was lodged against the livestock holder. This was a breach of the Law of the Animal Cruelty Prevention Act of 1960.[6] The animals have since been confiscated from their owner and are being detained by the police. They were subsequently delivered to the society's closest gaushala. The appellant's lawyer had said the gaushala lacked locus standi in the issue and hence could not assert ownership of the livestock. While the case was still being heard, the Uttar Pradesh High Court returned possession of the livestock to the holder. The Supreme Court maintained the rule that if an animal is taken from the owner's care due to abuse, the animal may not be returned to the owner's care till the case is finished. Instead, they will be transferred to the nearest gaushala, where the State Government will care and supervise them throughout the trial.

Aside from that, there are a variety of strange traditions practised all over the world in which animals are exposed to abuse. Some of them are:

a. The Yulin Dog Meat Festival

Every year, the Yulin dog meat festival takes place in Yulin, a city in China's Guangxi province. Every year between June 21st and June 30th, around 10,000 dogs are slain and consumed by the common public. It is a practise because many individuals accept that consuming dogs during the warmest months of the year would give them satisfaction and positive fortune.

b. Pig Slaughter Festival in Nem Thoung

This pig march celebration is organized every lunar year in the northern town of Nem Thoung in Vietnam's Bac Ninh province. Under the garb of a long-standing ceremony, it's a yearly pig killing that's been going on for nearly 800 years. Those animals are decorated and paraded through town before being executed cruelly by the henchmen. Locals think that immersing their wealth in the fluids of slaughtered pigs will bring them prosperity and success in the coming year. The pigs are ruthlessly murdered in two parts in front of the crowd, with their legs connected.

CONCLUSION

Every living being, whether human or animal, experiences pain. The heinous exploitation of helpless animals is generally ignored, and few individual feels obliged to speak out about it. As a response, I endeavoured to emphasize the numerous forms of animal abuse, as well as the filthy rites and traditions practised around the globe. Individuals need to understand that all existence, human and animal, are valuable. People abuse their control and have no emotions of affection or sympathy for animals. Animals have no rights, no voice to defend themselves against cruelty, and therefore, they suffer unspeakable anguish daily. Animals, like humans, have the right to a happy and pain-free existence. It is our human responsibility to take a stand for those who are unable to speak for themselves.

[1] A CRITICAL ANALYSIS ON ANIMAL WELFARE IN INDIA legalserviceindia., http://www.legalserviceindia.com [2] Sharma, S. (2018). Cruelty towards Animals and Animal Rights in India. Vakilnol. https://www.vakilno1.com/legal-news/cruelty-towards-animals-and-animal-rights-in-india.html/amp [3] RAI, D. Animal Abuse: Study on Inhumanity and Cruelty, https://blog.ipleaders.in/ [4] MISHRA, M. AND MITRA, A. Animal Abuse in India: A cause of concern in the last decade 2 envirobiotechjournals (2019) [5]KAVURI, T. Overview of Animal Laws in India, https://www.animallaw.info/ [6]SeventhQueen.15 Landmark Judgement of Indian Judiciary on Animal Rights. Legal Desire. https://legaldesire.com/15-landmark-judgement-of-indian-judiciary-on-animal-rights/

*The Author is a 2nd-year BBA-LL.B. (Hons.) student at SVKMS NMIMS, Navi Mumbai

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