What if I witness someone harming/ killing animal?

Abstract

Every day, stories about animal cruelty make headlines across the world, whether it's about a person who murders their neighbor's cat, about a person who keeps sick and dying animals in their home, or about a family whose starved, cold dog spends the winter outside. Each day, tales regarding cruelty to animals grab headlines from across globe, whether it involves an individual who kills their neighbor's cat, about such an individual who keep sick and dying animals in one‘s household, or about a family whose deprived, cold dog spends the cold weather outside. These are just some of the examples of animal cruelty that make headlines every day. Different people have different ideas on what constitutes cruel treatment of animals, which has resulted in a problem that has been there from the beginning of the movement to protect animals. Even while there has been a lot of progress achieved for animals in our culture, particularly in the past fifty years, there is still not a universally agreed understanding of what it means to be cruel to animals, and this continues to be a huge impediment. Every behaviour that endangers the well-being of animals and for which there is not currently a legal remedy must be contested and conquered on a mostly individual basis in order to protect animals from further harm. Hence the following blog would highlight upon the various forms of abuse happening with animals, various laws and legislations regarding animal abuse and what steps a person could take if he/she witnesses an animal abuse.

Keywords

Animal abuse, laws, cruelty, witness, Articles, Act.?

Introduction

While some might define Animal Cruelty in terms of how much pain or suffering an animal endures before it dies, this is irrelevant to animal rights activists who focus on the fact that animals are dispossessed of their inherent ability to live free from human interference and exploitation. In other cases, definitions may be based on the sort of animal involved or how clever the animal is perceived to be. Dogs, horses, and whales slaughtered for meat may be considered harsh to some, yet the slaughter of cows, pigs, and chickens is acceptable to the same people. India is known across the world for its devotion to a variety of animals. Our unique culture nevertheless contains acts of brutality toward these helpless animals, despite this. Many Indian communities rely on animals for everything from farming to transportation to herding livestock. For example, cows are regarded sacred in India, although they are employed for transportation in Mumbai's metropolis. But there is some good news: the Indian Constitution and other national and state laws have established protections for wildlife in India.

What are the different forms of animal cruelty we witness?

In our consciousness we every now and then witness someone harming the animals but aren’t sure that the act of that person will be counted under the cruelty or not. So, to understand this we will see what are the different forms of act that is performed which counts under animal cruelty.

• Abuse Through Rituals: The expression "spiritual and ritualistic animal torture" straight away brings to mind a number of horrific images, like: a cat attach to a wooden cross and blazed; the head of a dog left on the stages of a building with an a sheet of notepaper containing a imprecation hooked in the animal's mouth; a goat's gullet being cut open as component of a sacrificial offering. There aren't many other types of animal abuse that generate as much communal concern as sexual assault. Many instances wherein animals are slaughtered or disfigured and then abandoned generate concerns about "satanic" or cult activities as well as concern about what other offences the offenders of such acts may have committed or be capable of committing. These fears and concerns are fueled by the fact that the majority of these crimes take place in the United States.

• Abuse on a Large Scale, Including both Dog and Cockfighting Rings: Since the anticruelty statutes of the US and the UK were first enacted in the 19th century, "blood sports" such as dog confronting and cockfighting have been picked out for exceptional observation in both countries' legal systems. This performance is placing two or more dogs, cocks, or any other animals into a battle circle and letting them to mercilessly kill each other for the express motive of amusing the audience. Other types of animals may also be used in this act.

• Animal Hoarding : It's the aggregation of numerous animals without provision the bare minimum in terms of veterinarian treatment, cleanliness, and nourishment, as well as failing to act on the animals' deteriorating conditions and to recognize or rectify the negative impact on the and well-being of the people living in the residence. Some examples of animal hoarding include the inhumane transportation of huge numbers of animals, the housing of birds and other creatures in substandard conditions, and the starvation of animals on cattle farms, among others.

• Abuse with intention: Intentional cruelty cases are the most worrisome for the public because of the high prevalence of young offenders. There is a valid concern that those who commit acts of violence towards animals might pose a risk to the general public. If a person has a history of violent or aggressive behaviour, it is not uncommon to find evidence of animal abuse along with other significant felonies including drug trafficking, gang involvement, firearms offences, sexual assault, and domestic violence. Because the repercussions of the crime on the victim are more easily documented and the purpose of the act is more readily recognised, these cases are frequently simpler to prosecute than cases of neglect or hoarding.

Laws and Legislations pertaining related to animal abuse

The protection of wildlife around us is mandated by the Indian Constitution. Article 48A, the Directive Principle of State Policy, states that an effort must be made to conserve our environment and the forest and animals. The Prevention of Cruelty to Animals Act, 1960, and the Wildlife Protection Act, 1972, both at the federal and state levels, are among the several pieces of animal welfare law in India. Sections 428 and 429 of the Indian Penal Code (IPC) penalise cruelty to animals, including "killing, poisoning, maiming or rendering animals worthless." There are regulations in place to reduce animal pain and suffering, and similar rules will be put into place in the future based on the changing conditions.

Prevention of Cruelty to Animals Act, 1960 is the major animal cruelty legislation in India. For the purpose of "preventing needless pain or suffering to animals and changing the rules pertaining to the prevention of cruelty to animals," the Act's goal is stated as follows: As defined by the Act, "any living thing other than a human being" is considered an animal. A huge step forward in recognising strays and creating regulations to protect them was made possible by this legislation. Section 11 of the Act specifies when an animal may be cruelly handled. Committing cruelty to animals is covered under this section, which includes scenarios like using an animal at work or keeping it in captivity or selling it.

The Prevention of Cruelty to Animals Act of 1960 was modified with the Wildlife Protection Act of 1972, which is a far more effective piece of legislation. In accordance with the provisions of Section 2(37) of the Act, the term "wildlife" refers to any animal that makes its home either on land or in water, as well as in vegetation that is a component of any habitat. As a result, the meaning of the term 'wildlife' has been expanded as a result of this Act.

In the event of animal mistreatment, what should you do?

Once we've established the regulations governing animal cruelty, it's time to talk about what to do if we encounter or experience an instance of the evil practise. Starvation, imprisonment, beatings, and other forms of animal testing fall under this category.

• Keep yourself calm: When a person's attention is called to any type of animal cruelty occurring, one must create an emotional outpouring at the time. Everything that follows will be a result of this. A loss of composure and inability to remain cool will result in permanent injury to the animal. The first step is to transport the injured animal to a veterinarian facility; if this is not possible, use Google to find an animal care Organization.
• Capture the incident in whatever way you can: If you observe an animal rights violation, you must either capture it on camera (which is fairly common nowadays) or seek the assistance of eyewitnesses. Section 65 of the Indian Evidence Act of 1872 recognises and allows video evidence in court. It has previously been noted that cruelty to animals is a penal offence under Section 11 of the Prevention of Cruelty to Animals Act, 1960. It should also be highlighted that when acquiring evidence, one must take care not to endanger himself or herself.
• Feel free to send a legal complaint: A legal notice may be submitted to the animal abuser through a lawyer, and if one does not have the resources to approach a legal counsel, a legal notice can be submitted through animal welfare organisations, who are guaranteed to assist in such situations. Many lawyers would gladly assist in mailing a legitimate legal notice as pro bono service. However, if the individual harming the animal does not take any remedy or action, we go to the following step of submitting an official complaint.
• Filing an FIR: After evidence collection, take it to the nearest municipal police station where the offense was done and file an official First Information Report (FIR) outlining the full incidence of animal suffering. The necessary legislation for charging animal abusers have already been discussed. If a FIR is not lodged for whatever cause, a higher-ranking authority, such as a Police Superintendent or Deputy Police, must be contacted. Regardless of whether this is futile, which is highly improbable, a person has the option of filing an animal abuse case in a court of justice. When it comes to court, one will need the assistance of a lawyer or animal welfare organisations that have lawyers that can assist in such cases.
• Individual detention: One should be mindful that Section 43 of the CrPC authorises a person to detain and deliver over to the police and accused whoever committed a non-bailable and cognizable offence or is a chronic offender. The Wildlife Protection Act of 1972 makes all offences cognizable and non-bailable. Even so, it is usually advisable to seek aid from a nearby NGO or police authorities.

Conclusion?

Based on what has been revealed, it is evident that the judicial system recognises animal rights and is intolerable of different kinds of animal abuse. However, there are still numerous incidences of animal torture, which is mostly due to the lack of harsh consequences. Animal abusers would face harsher sanctions and fines if they were subjected to harsher penalties and fines. We have seen viral recordings of animals being harmed and essential welfare organisations or authorities actively working against them as technological media platforms have grown. It is a smart way to utilise social media to catch abusers, but when strict regulations are in place, an attacker might stop from performing such crimes knowing the consequences he would face. Overall, the purpose of this essay was to inform the reader on what must be done if actions is to be performed against animal mistreatment seen by him/her. If everyone does their part to prevent animal cruelty, we and the creatures that live in our natural ecosystem will be able to cohabit in a peaceful world.

To summarise, animal cruelty, as emphasised in this paper, is an issue that requires immediate attention. Proper research, investigation, and punishment of animal cruelty instances will help to secure our society today. It is consequently recommended that proper research be conducted on animal cruelty instances around us, and that governments in underdeveloped nations conduct such studies.

References

• Randour,? M.? L and Davidson, h, “A? Common? Bond;? Maltreated? Children? and Animals? in? the? Home. Guidelines for Practise and Policy.” (The Humane Society of the United States, Washington DC. 30, 12-18. San? Fancisco? Chronicle? (2011)., 0 0, 2008).
• Arluke, A and Lockwood,? R, “Society? and? Animals,? SpecialTheme? Issue:? Animal? Cruelty” (Society? and? Animals,? SpecialTheme? Issue:? Animal? Cruelty, 0 0, 1997)
• Merz-Perez,? L and Heide, K.M, “Animal? Cruelty:? Pathways to? Violence? ? against People” (Animal? Cruelty:? Pathways to? violence? ? against people, 0 0, 2003)
• Randour, M.? l., “Including? Animal? Cruelty? as a Factor? in? Assesing? Risk? and? Designing? Interventions” (“Including? Animal? Cruelty? as a Factor? in? Assesing? Risk? and? Designing? Interventions, 0 0, 2004)
• Kellert, S and Felthous, A, “Childhood? Cruelty towards Animals among Criminals and Non-Criminals” (Childhood? cruelty towards Animals among Criminals and Non-criminals, 0 0, 1985)
• DeViney,? E, Dickert,? J and Lockwood,? R, “The? Care? of? Pets? within? ? Animal? Abusing? Families” (The? care? of? pets? within? ? animal? abusing? families, 0 0, 1983)