05,Sept. 2024
India is home to 45,000 plant species and 91,000 animal species, making up 2.4% of the world's total land area and representing 7-8% of all known species. It is among the world's most bio-diverse nations. It is home to several different animal species, such as Bengal tigers and Great Indian rhinoceroses. Animal species are regarded as vital elements of the surroundings. They perform as laborers and resources that greatly assist humans, among many other uses such as domestication.
The Animal Protection Index (API), created by the global animal welfare organization World Animal Protection, assesses the policies regarding animal care in 50 different countries. Which nation has the highest score (A) and lowest score (G) is determined by the index. Along with Spain, France, Germany, and Poland, India received a "C" rating on the 2020 Animal Protection Index.
Meanwhile, Austria, Switzerland, the Netherlands, Sweden, Denmark, and the United Kingdom were in the 'B' band. With a band score of "G," Iran was the least strong country; no country scored an A. India's performance on the 2020 Animal Protection Index was mediocre; however, the findings showed that the nation's laws concerning animal welfare are comparatively weak in comparison to other nations, and that the inefficiency of the current legal system is a significant factor in the increasing number of animal cruelty cases in India.
Animal Laws in India: Historical Background
Many domesticated and wild animal species are revered and adored in Indian culture, where animals have long been an integral component of the ethos. Along with a great sense of reverence and affection for "The Almighty" and his many earthly creations, such as rivers, forests, trees, mountains, etc., animals are seen as the embodiment of "The Almighty."
A universal idea of harmony between the environment, animals, and people exists, and it becomes ingrained in the people's spiritual lives. Nevertheless, there are still a lot of locations where people adore animals because they think they serve as divine messengers.
Humans have displayed a variety of views about animals throughout history. The Vedas, which are considered the foundational texts of Hinduism, preach non-violence and ahimsa toward all living things. Similar to Buddhism and Jainism, vegetarianism and the abstinence from animal sacrifice have gained significant traction. Even so, eating meat was still widespread in the past.
The British also demonstrated their care for animal rights. In order to stop animal abuse, British Coles worthy established the first Indian society in Calcutta in 1861. Following this, there were numerous movements against the slaying of cattle in the north of India in the late 1800s.
The Prevention of Cruelty to Animals Act, 1960, which was created as soon as India gained its independence, made animal cruelty illegal. There are provisions in the Act for scientific experiments as well.
Various Legislation for Protecting Animal Rights
The Indian government passed numerous laws to protect the interests of animals. Since animals lack a voice and are unable to communicate their emotions, animal welfare and animal protection have received top priority from legislators. It is imperative that we support animal rights in the same way that we support human rights. The laws that safeguard animal rights are examined below.
The Constitution of India, 1960
One of the many nations with animal welfare laws that are designed with the essential clauses pertaining to the defense and preservation of the rights of animals is India. The Indian Constitution, which is the ultimate law of the land, addresses animal rights protection within the framework of fundamental obligations and the directive principle of state policy. The term "life" has been defined under Article 21 of the Constitution to encompass all life, including animal life, which is necessary for human existence. Furthermore, animal rights are significantly impacted by the right to fair treatment and dignity.
According to Article 48 A, the government must work to preserve and enhance the environment as well as the nation's forests and animals.
According to Article 51 A (g), it is every citizen's essential responsibility to protect and enhance the natural environment, which includes lakes, rivers, woods, and animals, as well as to show compassion for all living things.
The 42nd Amendment, enacted in 1976, introduced the aforementioned clauses of the Constitution. Although these clauses do not have direct judicial enforcement, they serve as a foundation for federal and state laws, policies, and programs that enhance animal protection.
The Indian Constitution's concurrent list, or seventh schedule, grants the federal and state governments the authority to enact legislation regarding:
- Prevention of cruelty to animals
- Protection of wild animals and birds
The Prevention of Cruelty Act, 1960
In 1960, the Prevention of Cruelty to Animals Act was passed by Parliament. The Act aims to change the rules pertaining to the prevention of animal abuse and to prevent the imposition of pain or suffering on animals. According to its definition, an "animal" is "any living creature other than a human being." The Act's most important section is found in Chapter II, which calls for the creation of the Animal Welfare Board of India in order to prevent needless suffering of animals. The AWBI carries out the following duties:
- To provide recommendations to the central government about regulations and changes that would reduce needless suffering when transferring or storing animals for research.
- To support monetary donations, animal shelters, and senior animal rescue homes.
- To provide guidance to the government regarding animal hospitals' medical needs and support.
- Spreading knowledge and awareness about animal welfare through lectures, books, posters, and ads.
- To provide broad advice on animal welfare concerns to the central government.
The Prevention of Cruelty to Animals Act, Section 11, lists the following categories of animal cruelty:
- Abusing, beating, kicking, overloading, tormenting, and causing needless suffering to any animal;
- Willfully or recklessly administered any harmful medicine or chemical to any animal;
- Using any animal that is ill or unsuitable for such work;
- Keeping any animal confined in a cage or container that is not large enough in length, width, or height to provide it a reasonable amount of room to roam around;
- Transporting or transporting any animal in a manner that causes it pain in or out of a vehicle;
- Holding an animal in a heavy chain or chord for an excessive amount of time;
- Leaving an animal behind without providing appropriate care;
- Willfully allowing a pet to wander the streets or abandoning it there until it passes away from an illness or incapacity;
- Not giving the animal enough food, drink, or shelter despite being its owner;
- Using an animal for entertainment purposes just as bait for another animal;
- Killed or disfigured any animal by injecting it with strychnine;
- Selling an animal that is in distress from being malnourished, starved, thirsty, or subjected to other cruel treatment without a good justification;
- Setting up, maintaining, or overseeing any area used for animal combat;
- Encourages or participates in contests when animals are let go from confinement in order to be shot.
Cosmetics Rules, 2020
The updated Cosmetics Rules, 2020 were approved by the Ministry of Health and Family Welfare in response to recommendations made by PETA India. A unique and updated regulatory framework was created by the mandated laws for the creation, manufacture, sale, and importing of cosmetic products.
The regulations also contained provisions guaranteeing that it is strictly forbidden to import cosmetics that have been subjected to animal experimentation. India was the first country in Asia to forbid the importing of cosmetics that have undergone animal testing as well as the testing of the ingredients themselves.
The created laws include a crucial clause that states that no amount of animal suffering can be justified by the potential benefits of innovative cosmetics.
Conclusion
In conclusion, India's attitude to animal care combines regulatory systems intended to safeguard a variety of animals with a deep respect for culture. India has come a long way, from ancient spiritual traditions that encourage compassion for animals to more recent laws like the Prevention of Cruelty to Animals Act, 1960. Notwithstanding obstacles and differing degrees of enforcement, newer revisions like the Cosmetics Regulations, 2020, highlight a rising dedication to cruelty-free procedures. Nevertheless, continuous endeavors are required to close implementation gaps and increase consciousness, guaranteeing that animal welfare stays a fundamental component of India's biodiversity conservation initiatives.