Nothing right with Animal Rights in India
Sambhav Chhabra
Sophomore at National Law University- Shimla || Founder Bench Notes || Co-Founder- Mantra
In a heartbreaking paradox, India, a land where animals hold divine significance, is grappling with a harsh reality—neglected animal rights. Beyond the fa?ade of legislation lies a world where cruelty persists, leaving our furry companions vulnerable. This article delves into the urgency of reform, drawing poignant comparisons with nations that prioritize compassion over indifference.
Premier Laws
The Three premier laws governing the notion of animal rights in India are - Prevention of Cruelty on Animals Act (PCA)1960, Animal Birth Control Rules & and Wildlife Protection Act. While rummaging through these acts, I discovered how they are nothing but an eyewash. The PCA, 1960, being the Primary act to counter cruelty to animals, stands unbolstered and obsolete. It has been over 60 years since the act came onto the table and till now it has never been amended or changed. The conviction rate under PCA is pretty low and even if one gets convicted, the punishment is something to laugh over. A First-time offender would be liable to pay Rs 10 to Rs 50, the maximum punishment being a fine between Rs 25 to Rs 100 or a jail term of three months.?
While perusing further, I found that the Animal Welfare Board (AWB )set up under the PCA was yet another nail in the coffin. The website of AWB shows how it has not been updated since 2021, all the board members are not disclosed on the site or maybe they haven't been appointed. Even though after 60 years, the fine was not increased for cruelty, The application fee for registering performing animals in film under the Animal Welfare Board is 25,000, while that of obtaining post-shoot permission is 30,000. This is an accurate indicator of the priorities of the government.
Not everything wrong
Despite wielding such untenable laws, surprisingly, India has fared well in animal rights indexes. The Animal Protection Index, 2020 (API), which employs 10 indicators and 4 goals, measures how a country ranks in the presence of animal welfare legislation, the establishment of supportive government bodies, etc. India stands on a high pedestal here, With an overall grading of ‘C’, which in comparison with other heavyweight nations is quite remarkable. Malaysia is the only other Asian country with a ‘C’, while the USA and Russia stand with a ‘D’ and China with an ‘E’. Another primary index- Voiceless Animal Cruelty Index, 2020 (VCI) which, unlike API, takes into cognisance the full extent of actual farmed animal cruelty and estimates of the origins, scope, and intensity of human-induced animal suffering.
In VACI, India holds the first position, surpassing even the likes of Austria, Switzerland, Netherlands, etc. In both these indexes, India performs dismally in the sphere of farm animals. Both in API and VACI India get an ‘E’ for poor legislative practices for farm animals and the legalisation of poor husbandry practices such as nose roping cattle, dehorning and other pain-inducing activities.
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Cruelty & Protection
Even though reliable, these indexes paint a merry picture of the plight of animal rights in India, Viewing it through rose-coloured glasses, the truth, however, is starkly different. The truth lies at the grassroots, the narrow stingy roads where a dog is raped by a screwdriver or maybe where a dog is dragged behind a car with a rope until it dies. These are but real-world cases, most of which went uncatered to and never reached the courts. The obvious solution to this, i.e. education, stands to be frail when cases like the killing of 16 puppies through poison by medical students or educated people asking for stray animals to be eradicated come to the fore.
The only animals to get actual protection are the holy cows, the only reason being their importance in the Hindu Dharma. While these animals enjoy such privileges, others, like dogs, are frowned upon. Even the government legislation asks for ‘destruction of stray dogs in lethal chambers’.
?What this legislation fails to comprehend is that rather than destroying stray dogs it is better to destroy the word ‘stray’ and habilitate these animals.
The highlight of this year- the G20 meet chaired by India tags along with it another news of ridiculing animal rights. To make India look like a developed nation and garb it as something it is not, the government has used cruel methods to take out every stray dog there is in New Delhi. Employing heinous methods like grabbing them by the nose, imprisoning them in small closures, and hanging them by their ear to relocate them, all to look like something which India is not. This is but a blatant violation of the PCA and the animal welfare guidelines, 2023, the primary animal rights guidelines for a so-called rank 1 country in animal rights. The motto of this G-20 meet,”Vasudhev katumbakam” (The whole world is one family) has been made a sport of, aren’t animals and other creatures a part of this world, part of our family?
Time for reform?
In a country where religion is omnipresent, the topic which seeps its way into every aspect of our life, animals are considered as a property, something to exploit. Hinduism has animal gods like Lord Ganesha, Lord Hanuman, lord Narasimha and others, It is a religion where animals occupy an important place. It is said that when Brahma created the animals, he hid a specific secret in each of them to signify their spiritual importance to humans. In a verse in Surah Al-An’am (6:38) is written-“There is not an animal in the world, nor a bird that flies with its wings but are communities like you
”This country, one of the most religious one is facing the Damocles sword.?
Non-religious countries like Austria and Switzerland are better placed, where in India animals are looked down upon and left to die, Switzerland became the first country to constitutionally recognize animals. The provision in the Constitution provides for the protection of ‘the dignity of the creature’.? It is illegal under Swiss law to stop a dog from barking, and requires every pet owner to attend classes before the adoption of their pets. The Netherlands is the first country in the world to have a political party for the animals, prioritizing the interest of all earth inhabitants with about 80 representatives at European, national, regional, and local levels.? This is the time India needs to learn from these actually developed nations and stop acting as something they are not. India is the home of traditions, respect, and worship, all circling back to animals. Without animals, the world would be similar to what Venus looks like. This is the time humans stop riding roughshod over animals, for humans forget nature remembers.