Salient features:
- This act provides for punishment for causing unnecessary cruelty and suffering to animals.
- This act defines animals and different forms of animals.
- This Act enshrines the provisions relating to the establishment of an animal welfare board, its constitution, powers, and functions.
- This act discusses different forms of cruelty, exceptions, and killing of a suffering animal in case any cruelty has been committed against it, so as to relieve it from further suffering.
- This act provides the guidelines relating to experimentation on animals for scientific purposes.
- This act enshrines the provisions relating to the exhibition of the performing animals, and offences committed against the performing animals.
- This Act provides for the limitation period of 3 months beyond which no prosecution shall lie for any offences under this Act.
Offences in relation to performing animals
- Exhibits or trains any unregistered animal for performance; or
- Being registered under this Act, exhibits or trains any performing animal, in respect of which he is unregistered; or
- Exhibits or trains a performing animal, or any animal which is not to be used for this purpose; or
- Causes obstruction or willful delay to any person or police officer referred under Section 25 from exercising of power for entering and inspecting, or
- hides any animal to avoid the inspection; or
- Being a person registered under this Act fails to provide his registration certificate without reasonable cause; or
- Applies for registration under this Act while lacking entitlement for such registration.
Prevention of Cruelty to Animals (Care and Maintenance of Case Property Animals) Rules, 2017:
- Framed under the Prevention of Cruelty to Animals Act, 1960.
- The Rules allow a Magistrate to forfeit the cattle of an owner facing trial under the Act.
- The animals are then sent to infirmaries, animal shelters, etc.
- The authorities can further give such animals for “adoption”.
SC asks government to repeal the Prevention of Cruelty to Animals (Care and Maintenance of Case Property Animals) Rules, 2017:
- The law allowed seizure and subsequent confiscation in ‘gaushalas’ of livestock from people, who depended on these animals for a livelihood, even before they were found guilty of cruelty towards them.
- It allowed authorities to seize cattle on a mere suspicion that they suffered cruel treatment at the hands of their owners or were being primed for slaughter.
Conclusion
This act was the first act for dealing with cruelty against animals and animal protection. In 1972, the Wildlife Protection Act was passed by the Parliament which was more of a special enactment dealing with the protection of wild animals within the Indian territory.
