Prevention of cruelty to Animal Act

Prevention of cruelty to Animal Act

Subject: Environment

Context: The Supreme Court held that the removal of an animal from the custody of an accused as mentioned in 2017 rules brought by the government is not contrary to the provisions of the Act.

Concept:

• 2017 rules notified by the Centre allowed forfeiting of animals of traders and transporters during pendency of trial in cases under The Prevention of Cruelty to Animals, 1960.
• It just provided for “seizure” and not confiscation. Confiscation means transfer of ownership of the property (only done after order in case comes) and seizure is just taking possession of property and is temporary in nature (one gets back property if decision is in their favour).
• Under 2017 rules the local magistrate by its discretion on interim custody sometimes hand over the animal to some local Pinjarapoles or Gaushala or Animal Shelter Houses, when the accused owners are not fit to get interim custody of the cattle as per law laid down by the court.
• The expenditure incurred by such shelter houses in caring for the rescued cattle during pendency of the litigation has to be borne by the accused owner and the transporter as provided in the Act.

About the Prevention of Cruelty to Animal Act:

• It prohibits any person from inflicting, causing, or if it is the owner, permitting, unnecessary pain or suffering to be inflicted on any animal.
• It 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 provides for Welfare Board of India (WBI), a statutory advisory body for animal welfare and protection of animals from unnecessary suffering and pain. Late Smt. Rukmini Devi Arundale, well known humanitarian and Bharatnatyam exponent led it since its foundation for almost 20 years.
• It 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.
• Provides the guidelines relating to experimentation on animals for scientific purposes.
• An animal cannot be exhibited or trained by any person, if:

1. 1. Such a person is unregistered as per the provisions of this chapter;
   2. Such an animal has been barred from being included in any performance by the Central Government through a notification in the Official Gazette.