Prevention of cruelty of animal act 1960
- November 24, 2022
- Posted by: OptimizeIAS Team
- Category: DPN Topics
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Prevention of cruelty of animal act 1960
Subject :Polity
Context:
- In a move to overhaul the Prevention of Cruelty to Animal Act-1960, the Centre has proposed to introduce 61 amendments in the six-decade-old law, Including provision of three-year jail for committing “gruesome cruelty” and five-year imprisonment for killing an animal.
What is Prevention of cruelty of animal act,1960
- The act prohibits any person from inflicting, causing, or if it is the owner, permitting, unnecessary pain or suffering to be inflicted on any animal.
- The act provides for punishment for causing unnecessary cruelty and suffering to animals.
- Section 2 of the act defines animals and types of animals like domestic or captive animals.
- Section 4 of the act provides for the Animal Welfare Board of India (AWBI), a statutory advisory body for animal welfare and protection of animals from unnecessary suffering and pain.
- The act mentions 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.
- The act also provides the guidelines relating to experimentation on animals for scientific purposes.
- An animal cannot be exhibited or trained by any person, if:
- Such a person is unregistered as per the provisions of this chapter;
- Such an animal has been barred from being included in any performance by the Central Government through a notification in the Official Gazette.
- This Act provides for the limitation period of 3 months beyond which no prosecution shall lie for any offences under this Act.
What are the amendments in the draft:
- The draft Prevention of Cruelty to Animal Act,(Amendment) Bill 2022 has been prepared by the Ministry of Fisheries, Animal Husbandry and Dairying.
- The draft includes ‘bestiality’ as a crime under the new category of ‘gruesome cruelty‘ and it defines gruesome cruelty as “an act that leads to extreme pain and suffering to the animals which may cause life long disability or death”.
- Gruesome cruelty shall be punishable with a minimum fine of Rs 50,000 which may be extended up toRs 75,000 or the cost may be decided by judicial magistrate in consultation with the jurisdictional veterinarians whichever is more or with the imprisonment of one year which may extend up to three years or with both.
- The draft proposes a maximum 5-year imprisonment, along with a fine,for killing an animal. For this, a new clause, Section11(B) has been proposed.
- The draft also proposes insertion of a new Section 3A, which provides ‘five freedoms’ to animals. It shall be the duty of every person having charge of an animal to ensure that the animal in his care or under his charge has:
- Freedom from thirst, hunger and malnutrition;
- Freedom from discomfort due to environment;
- Freedom from pain, injury and diseases.
- Freedom to express normal behaviour for the species;
- Freedom from fear and distress.
- Incase Community Animals, the local government shall be responsible for their care.
- The Draft proposals introduced the community animal as “any animal born
- in a community for which no ownership has been claimed excluding wild animals as defined under the Wildlife Protection Act,1972.