" Hope is 'not' a Strategy"
Around 12 months ago, Justice Rajiv Sharma of the Punjab and Haryana High court had ordered for “The animals in Haryana to be getting the status of a legal person or entity along with granting them the corresponding rights, of a living person.” Though it is only limited to one state of the whole nation but, we hoped this step would bring some changes and the Abuse of Mute Creatures would soon come to an end. But the recent barbaric act against a pregnant elephant in Kerala has triggered a nationwide outrage.
"Let us be that people who fight injustice in all its forms; everytime, everywhere," Kerala CM tweeted, with a promise of strict actions against those culprits.
''When we saw, she was standing in the river, with her head dipped in the water. She had a sixth sense that she was going to die. She took the Jalasamadhi in the river in a standing position," Mohan Krishnan, a forest officer, posted an emotional note on his Facebook page, narrating the death of the elephant in the waters of the Velliyar River.
"She came out to the village in search of food. She did not know about the selfish human beings that she was about to witness. She must have thought, they would spare her as she was carrying two lives. She believed everyone. When the pineapple that she ate burst, she must have been in shock not thinking about herself, but the child she was about to give birth to in 18 or 20 months," the Forest Officer wrote in his post.
This brutal incident gained attention after this Facebook post. Now people are asking for Laws and Acts which provides rights to fellow animals. Even the animal lovers and pet owners have no knowledge about them. But the thing is we already have some of the most stringent animal rights, to put a stop to Animal Cruelty.
The Central Government has passed several laws, the most commendable being the “The Prevention of Cruelty Animals Act, 1960”.
Apart from that, there is the “Wildlife Protection Act, 1972” as well which was established for the protection of animal species and plants.
Forms of cruelty has been defined under the Prevention of Cruelty Animals Act, 1960 as the following-
(a) Beating, Kicking, Over-riding, Over-driving, Over-loading, Torturing, Causing unnecessary pain or suffering to any animals;
(b) Employing any animal which, by reason of its age or any disease, unfit to be so employed, and still making it work or labor or for any purpose;
(c) Willfully and unreasonably administering any injurious drug or injurious substance;
(d) Conveying or carrying, either in or upon any vehicle in such a manner as to subject it to unnecessary pain or suffering;
(e) Keeping or confining any animal in any cage or any receptacle, which does not measure sufficiently in height, length, and breadth to permit the animal a reasonable opportunity for movement;
(f) Keeping for an unreasonable time any animal chained or tethered upon an unreasonably heavy chain or chord;
(g) Being the owner, neglects to exercise or cause to be exercised reasonably any dog habitually chained up or kept in close confinement;
(h) Being the owner of any animal fails to provide such animal with sufficient food, drink or shelter;
(i) Being the owner, without reasonable cause, abandons any animal in circumstances, which render it likely that it will suffer pain by reason of starvation or thirst;
(j) Willfully permits any animal, of which he is the owner to go at large in any street while the animal is affected with a contagious or infectious disease, or without reasonable excuse permits any diseased or disabled animal, of which he is the owner, to die in any street;
(k) Offers for sale or without reasonable cause, has in his possession any animal which is suffering pain by reason of mutilation, starvation, thirst, overcrowding or other ill- treatment
(l) Mutilates any animal or kills any animal (including stray dogs) by using the method of strychnine injections in the heart or in any other unnecessarily cruel manner;
(m) Solely with a view to providing entertainment -
Confines or causes to be confined any animals (including tying of an animal as bait in a tiger or other sanctuary) to make it an object of prey for any other animal;
Incites any animal to fight or bait any other animal.
(n) Organizes, keeps, uses or acts in the management of any place for animal fighting or for the purpose of baiting any animal or permits or offers any place to be so used or receives money for the admission of any other person to any place kept or used for any such purposes;
(o) takes part in any shooting match or competition wherein animals are released from captivity for the purpose of such shooting.
And of course, these acts are punishable under the Act. When an animal is tortured or inflicted cruelty in any of the ways defined under Prevention of Cruelty Animals Act, 1960 then, the offender is liable to pay fine which can extend to Rs50 and if it happens to be a subsequent offence or second offence committed within 3 years of the earlier offence then, the person will get a fine of not less than Rs25 but which can extend to Rs100 or with the imprisonment for a term which may extend to three months or with both. If the offender happens to have a vehicle then, in case of a 2nd offence, the vehicle is confiscated as well as the person is not permitted to keep any animal again in life. This demonstration is implied for the security of wild creatures and fowls, and there are arrangements that defend the interests of the creatures.
It restricts the sacrifice of animals, by Section 39 of the Wildlife Protection Act there is a strict disallowance on any damage to the creatures and the punishment is mentioned in segment 51 of the act.
There is likewise a prohibition on keeping any bird of India under the act. In the event that anyone wishes to keep a permissible feathered creature he needs to consent entirely with Section 11 of the Prevention of Cruelty to Animals Act, 1956.
Police Powers: Section 50 of the Wildlife Protection Act, 1972 approves a cop to capture any individual without a warrant.
Monkeys can't be shown or possessed, and are ensured under the Wildlife Protection Act too.
So now the question to ask is “When are we going to get a breakthrough in implementing The Animal Rights in India?”
The government has an imperative capacity, i.e., if the disciplines for such sorts of offense can be made stricter, ask for stringent, heftier fines and imprisonment against animal cruelty.
50 Rs is a joke! Then the general population will attempt to fare thee well and won't savagely murder blameless animals.
In 2011, the Prevention of Cruelty to Animals revised and renamed as Indian Animal Welfare Act as a need was felt to change the old law. Notwithstanding many of laws, the drive will just come when individuals work together with every living creature's common-sense entitlement bodies and associations and endeavor endeavors to ad lib the pitiable state of creatures. Aside from this, legislature and non-government organizations can find a way to amend the framework.
Till then why don't we, common people take some stands.
• Refuse elephant, horse, and camel rides.
• Free birds from cages and fishes from aquariums.
• Demand better regulation and conditions in the dairy industry.
• Demand better transportation and slaughter of animals in humane ways.
• Refuse blessings from elephants in temples. Urge temple authorities to give up elephants to sanctuaries.
• Refuse rides from animals on streets.
• Refuse and rescue animals from street performances.
Official Writer - SNEHA KUMARI