THE PREVENTION of CRUELTY to ANIMALS ACT 1960
An article on “The Prevention of Cruelty to Animal Act 1960” has been written by Suvalaxmi Saha a student of MIES R M Law College, which is an excellent law college in West Bengal with high rate of success and best placement support. MIES R M Law College is one of the best law schools in Kolkata, situated at Sonarpur, South Kolkata. MIES R M Law College, Kolkata has completed many years with its glorious journey in the field of law education. This College is one of the best law education providers in India. MIES R M Law College is one of the topmost renowned Law Colleges in India under Vidyasagar University, and approved by the Bar Council of India.
PREAMBLE TO THE PROBLEM – The Prevention of Cruelty to Animal Act 1960
It has been observed through the history of human civilization that any sort of cruelty either to men or women or children or to animals never ever happened or caused on this earth by animals but by man only. Though humans proclaim to be the best of all species and creatures on the earth in respect of civility, class or status, action and activities or behavior. Yet humans could not refrain or resist from doing cruelties and tortures, even killing & murdering mercilessly themselves among themselves including innocent animals for satisfying & meeting up their wild and crazy desires all over the world.
With the main purpose of steadily bring down the rate or state of intensity of the prevalent cruelties to animals in India, the Govt. of India introduced and enforced the law in name and form as “THE PREVENTION OF CRUELTY TO ANIMALS ACT 1960”, more specifically signifying sections 428 and 429 under this act that “To maim or cause any injury to any animal for monetary value greater or more than Rupees ten is an illegal offence, even throwing acid on the cows is prohibited by the Act. In furtherance to the said act & by sections II(I)(d), forbids transporting or carrying any animal/s in a manner which may/might cause to animals, pains, injuries & any sort of suffering.”
API’s role in this aspect – The Prevention of Cruelty to Animal Act 1960:
In this aspect of the problem of cruelty to animals, it is the world’s Animal Protection Index (API) role and fair play is commendable. Uptill now, API is consisted of 50 countries which were honored as adjudged by its regulations. API has been providing necessary polices and information towards animal protection. Therefor it protect the prevention of cruelties to animals as well as raising consciousness among countries and peoples of the globe for preventing of cruelties to animals & to protect them from unnecessary sufferings, tortures and killing & to regard animals also as equal beings on this earth.
Now India has come up in the major global count :
According to API, 2020, India came up in the category & states in respect of protection of animals and prevention of cruelty to animals parallel with Germany, Spain, Poland and France in “C” Grade though none of the countries could still avail grade “A”. However, under the dynamic leadership of Prime Minister Modi, India is taking all out efforts to curve the trend of cruelty to animals in the country.
Beholding the non-discriminatory Objectives of the Act 1960:
a) The Act Prevents unnecessary pain or suffering of animals which basically comes through human- beings.
b) It cherishes provision for the establishment of The Animal Welfare Board in India. It even includes the powers, functions, constitutions and the Terms of the office of members of the Board.
c) It even enshrines the guidelines depending on the experimentation on animals for scientific researches and gives powers to the committee to make rules against the excessiveness regarding such experiments.
d) This Act prohibits the exhibition and training of performing animals.
But U/s 21 of the said Act,’ Exhibit’ means exhibit at any entertainment to which the public are admitted through sale of tickets and ‘ train’ means training for the purpose of any such exhibition, and the expressions ‘ exhibitor’ and ‘ trainer’ have the corresponding meanings respectively.
Significant and vital points of the Act:-
- U/A 51A (g) of the Indian Constitution, it is the fundamental duty of every IndianCitizen to protect and help to improve the natural environment, including forests ,lakes, rivers and wildlife and also we should be concerned of living creatures .It is the main reason behind the advent of the Prevention of Cruelty to Animals Act,1960; and the Wildlife Protection Act,1972.
- The Latin term ‘Parens Patriae’ means ‘ parent of his or her country’ states that it is the inherent power of our State to act as a guardian for those who are incapable of taking care of themselves.
- U/s 4 of the Prevention of Cruelty to Animals Act, 1960, it is also advised to the government and ushers them on animal welfare issues.
Human’s animality and desires still irresistible:
Though binding of the law or Act is there upon human beings, the cruelty to animals still on, alike the following :
Animals still are bereft of getting necessities like food, water, shelter and veterinary cares though torturing & killing of animals fall under the animal cruelty.
Even there are various reasons upon which human beings turn cruel on animals for betterment of the animals this act provides a great deal.
Who are Animals?
Generally, unlike human beings, animals in Types & kinds are countless. Even in respect of species, shape, form, appearance and size, hairs, skin colour, voice & sounds as they very much different in their moving nature & manner.
But literally or in true sense, animals must have a backbone & skull containing a central nervous system namely mammals, birds, reptiles, amphibians, fish, octopuses, crabs or other sea creatures etc.
Since all lives and creatures including so called best creatures like man are created by the omniscient and omnipotent God, the Supreme & the highest, none of the species ought to be neglected or humiliated or tortured or killed as all are equal beings in respect of right to live & exist in harmony.
Perpetuity of the Act for Prevention of Cruelty to Animals Act, 1960:
In the height and scope of humanity and the human sense of equanimity, harmony and uniformity under the infinite power of the universal law of God and Nature, there is apparently, basically & truly no difference should prevail among all creatures & beings in the earth or the universe. It is only humans make the earth defiled & impure break up the law of nature & creation.
India is the most sacred land of Gods and religions, external philosophy, humility & virtue. As well as the oldest scriptures and books of divine vision, saying & utterances of Gods and Rishis.
The most sacred land scriptures of the Vedas taught the world of its divine & eternal commandments of non-violence and immortal values & truth to humans.
To exemplify the truth & humanity, in India, there are many people do indulge in taking cooked vegetables and turned as life-long vagetarians to save the killing of animals act of humanity.
Effect of Modernity of the Said Act 1960 :
Every lawful Act on this loyal system, there always remains some sort of provision of compensatory or waiver or compassionate clause/s in implementing or thorough application of any Act wholly and successfully in pace with the time and program of the civilization and changing situations in the court of law for judgements.
Animal Welfare Act, 1966
In India, the Animal Welfare Act, 1966 is not an exception, and it is the primary base of Animal Protection Law. It has great part to play or to effect preventing the animals keeping in zoos or using in research of medicines. Or even those are bred for commercial gains such as selling their babies in the puppy farms/mills, which could not be curved and left going on its ways as implied fact what is being someway, at times, neglected or ignored wanting of judgements.
24 Hour Law” enacted in 1973
Even the “24 Hour Law” enacted in 1973, prohibiting transporting certain animals for slaughtering every 24 hours, is flexibly been effective to the advantage groups or agencies dealing in such profession or business. Since, cannot be resisted totally as per the law due to enhancing rate of demands of slaughtering in this modern age for consumption and commercial purposes all around, in spite breaching the law anyway. But this law can be applied provided the vehicles in which the animals are being transported contains sufficient food, water or necessities as certain exceptions in this regard.
As per law makers, they say, though the humans believe that they are the best species among all the species so far created in this world. Yet it cannot be ignored that other animals are also social creatures & protection to them is also a great deed.
With the emergence of Buddhism in India, the teachings of Ahimsa or non-violence or non-killing of animals were widely spread and propagated among the people of India and attaining popular attractions of the people in general in that era.
History
Even the Mouryan king, the great Ashoka in 262 BC, himself being converted as Buddhist. And spread his unselfish and kind love, compassion, generosity and good deeds either for man or animals equally, all over India & the world as a whole. This sacrifice of serving medical treatments to animals & save animals from killing and tortures by humans is known all over the world. Ashoka also stopped animal sacrifice & hunting of animals in his kingdom.
Henceforth, the laws & Acts so far enacted and enforced in the pursuit of animal welfare in India invariably bears a great impact and effective influence in the mind, hearts and souls of the common means & people in India no doubt. Such endeavors are always appreciable to the human community
Conclusion:
It is our duty not to neglect to report any offence done against the people. Behind all of that, it is also our duty not to neglect animal cruelties. As we live in a merciful world, we should always be kind and helpful to animals. Animal abuse can be decreased by the notification to the proper authorities and by the proper education to the grownups that will make them kind and invaluable.
Suggestions towards this view – The Prevention of Cruelty to Animal Act 1960:-
- Be an example of kindness towards the needy animals.
- Let’s teach our closest or unknown people how to treat animals goodly as like as we treat ourselves.
- Report the abuse ,animal cruelties towards the authority to get a lawful guidance (if necessary)
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