Central laws

The Prevention of Cruelty to Animals Act,1960

Ans: Section 11 (1) (a) to ( o) of The Prevention of Cruelty to Animals Act, 1960 lays down the actions that amounts to treating animals cruelly;

Sect 11(1)(a) Beating, Kicking, Over-riding, Over-driving, Over-loading, Torturing, Causing unnecessary pain or suffering to any animals;

(b) Employing any animal which, by reason of its age or any disease, unfit to be so employed, and still making it work or labour or for any purpose;

(c) Willfully and unreasonably administering any injurious drug or injurious substance;

(d) Conveying or carrying, either in or upon any vehicle in such a manner as to subject it to unnecessary pain or suffering;

(e) Keeping for confining any animal in any cage or any receptacle which does not measure sufficiently in height, length and breadth to permit the animal a reasonable opportunity for movement;

(f) Keeping for an unreasonable time any animal chained or tethered upon an unreasonably heavy chain or chord;

(g) Being the owner, neglects to exercise or cause to be exercised reasonably any dog habitually chained up or kept in close confinement;

(h) Being the owner of any animal fails to provide such animal with sufficient food,drink or shelter;

(i) Without reasonable cause, abandons any animal in circumstances which render it likely that it will suffer pain by reason of starvation or thirst;

(j) Willfully permiting any animals, of which he is the owner to go at large in any street while the animal is affected with contagious or infectious disease, or without reasonable excuse permits any diseased or disabled animal, of which he is the owner, to die in any street;

(k) Offers for sale or without reasonable cause, has in his possession any animal which is suffering pain by reason of mutilation, starvation, thirst, overcrowding or other ill-treatment

(l) Mutilates any animal or kills any animal ( including stray dogs) by using the method of strychnine injections in the heart or in any other unnecessarily cruel manner;

(m) Solely with a view to providing entertainment

   • confines or causes to be confined any animals ( including tying of an animal as bait in a tiger or other sanctuary) so as to make it an object of prey for any other animal;

• incites any animal to fight or bait any other animal.

(n) Organises, keeps, uses or acts in the management of, any place for animal fighting or for the purpose of baiting any animal or permits or offers any place to be so used or receives money for the admission of any other person to any place kept or used for any such purposes;

(o) Promotes or takes part in any shooting match or competition wherein animals are released from captivity for the purpose of such shooting.

Q 2) Is treating an animal cruelly, a punishable offence?

Ans: Yes. If any animal is treated in any cruel way, rather in any of the ways provided under Section11(a) to (o) of The Prevention Of Cruelty to Animals act,1960 ,

•  The offender ( in the case of a first offence) will have to pay a fine which shall extend to fifty rupees.

• If it is the case of second offence or subsequent offence committed within three years of the previous offence, he will be fined with not less than twenty-five rupees but which may extend to one hundred rupees
• Or with imprisonment for a term which may extend to three months
• Or with both.
• Also, in the case of second offence, the offender's vehicle is confiscated, and he will never be allowed to keep an animal again.

Q 3) What are the common offences against the PCA and which ones are cognizable?

Ans: The classification of Common offences against the PCA are as follows:

Q4) Can an individual ‘arrest' someone who is treating an animal cruelly and bring him to a police station?

Ans: The Police officer has every power provided to him in the law to arrest any offender, found to be involved in an illegal activity. And likewise, he has the power to arrest any one who is found to be treating animals with cruelty.

But even a private person can do so. Section 43 of Cr.P.C. confers the power on every private person to arrest or cause to be arrested any person who has committed a non-bailable and cognizable offence. The only condition precedent is that such an offence should have been committed in the presence of the arresting person. Hence, every person, has the power to arrest subject to the following conditions:

•  The offence should be a non-bailable and cognizable offence

•  The offence should have been committed in his presence

•  The person so arrested, without unnecessary delays, should be handed over to a Police officer or, in the absence of the Police Officer, take such person or cause him to be taken in custody to the nearest Police station.

The Police Officer shall re-arrest such a person in accordance with Section 41 of Cr.P.C.

Q 5) If a person kills other person's dog or any other pet deliberately, what action should be taken?

Ans: Killing of a dog or other pet is absolutely illegal and very inhuman. It is like murdering a human being. The act amounts to cruelty on animals defined under Section 11 of The Prevention Of Cruelty to Animals.

This amounts to a very serious offence. And it must be immediately lodged as an F.I.R with the area police station . It is an offence committed under Section 428 and Section 429 of the Indian Penal Code. Section 428 of the IPC deals with the punishment for committing mischief by killing, poisoning, maiming or rendering useless any animal or animals of the value of ten rupees or upwards. The punishment for such acts amounts to imprisonment of either description for a term, which may extend to two years, with a fine, or with both.

Section 429 of the IPC deals with the punishment for the same nature of crime but for the animals of the value of fifty rupees or upwards. The punishment in this case will be imprisonment of either description for a term, which may extend to five years or with fine, or with both.

Q 6) What is the legal action to be taken on a complaint of stealing of a dog or any other animal?

Ans: Section 378 of the Indian Penal Code , 1860 deals with ‘ Theft', stating that whoever, intending to take dishonestly any moveable property out of the possession of any person without that person's consent, is said to commit theft. And the property, under this section includes ‘animals'.

For example; A, being Z's servant and entrusted by Z with the care of his dog, takes the dog and sells it to the other party, without Z's consent. The act of A will amount to theft. A pet, or any other animal within the possession of the owner, is considered to be the property of the owner. And any property taken away from the owner without his consent, amounts to theft.

Section 379 of the Indian Penal Code ,1860 penalizes ‘Theft'. Under this Section, the punishment of theft is imprisonment of either description for a term which may extend to three years, or with fine, or with both.

So, like in any other theft case, the procedure will be the same:

•  When a person approaches the police station with a complaint regarding the theft of an animal, the complainant should be encouraged to give a detailed description of the lost animal and if possible a photograph.

• It should be immediately filed as an F.I.R in the police registrar, the copy of which should be duly signed, stamped and dated, along with the time and be handed to the complainant.
• The officer at the police station is responsible for making all the necessary entries.
• The complainant has every right to file an F.I.R..

This should be read together with the Prevention of Cruelty to Animals Act 1960 as forcibly taking an animal out of its environs and amounts to cruelty.

Q 7) In a complaint under Section 428/429 of the IPC in respect of a dog of the complainant who has been poisoned by a neighbour, what kind of evidence should be looked and asked for?

Ans: If the owner believes that the neighbour is responsible for the death of his pet, the following procedure is suggested:

•  He should immediately contact the nearest police officer.

•  The police officer should visit the site and note the condition of the dog.

•  The dog has to be taken to a vet, either private or government, for a post-mortem to determine the cause and approximate time of death.

•  In the meantime the police officer can collect whatever evidence is available, indicating both the perpetrator and the method used.

•  The police officer must record the statement of the witnesses who have seen the poisoning or witnesses who can record the relationship of the alleged perpetrator to the deceased. Thereafter, the police officer must put up a challan before the court of the concerned magistrate.

Q 8) Can people who feed animals in their areas be stopped by the RWAs or Societies or neighbours under the law ?

Ans: Article 51A of the Constitutional Law of India, speaks about the duties of every citizen of India . One of these duties includes having compassion for living creatures. So every animal lover is protected under the Constitution.,

Article 19 of the Constitution of India, deals with the Right to Freedom and this includes the right to profession, occupation, trade and business. Therefore, it means that every citizen has the right to occupation and if someone has taken the caring of animals as his occupation, it is legal and he has every right to carry on with his occupation.

Article 21 of the Constitution of India states the right to personal life and liberty. This is an all-encompassing right. If someone wants to feed dogs and provides shelter to the dogs, he has the liberty to do so. This right extends to every citizen of India .

Above every law and right, there is a natural right. This is universal and inherent in the nature of ethics and is contingent on human actions or beliefs. It is the right that exists even when it is not enforced by the government or society as a whole. It is an individual right and considered beyond the authority of a government or international body to dismiss. Loving, caring, feeding and giving shelter to dogs or any other animals is a natural right and extends to all individuals.

In a judgment passed by the Delhi Court , it has been stated that the Animal Welfare Board of India(AWBI) and the Municipal authorities have issued guidelines to address the specific problems faced by the individuals and families who adopt stray animals and feed them.

The court says, that it is necessary to record that these individuals and families who adopt stray animals are doing a great service to humanity as they are acting in the aid and assistance of municipal authorities by providing these animals with food and shelter and also by getting them vaccinated and sterilized. Without such people no local municipal authority can successfully carry out its ABC programs. The court also says that the local police and municipal authorities are under obligation not only to encourage such adoption but also to ensure that the people who come forward to take care of these animals specifically the community or neighbourhood, are not subjected to any kind of ill treatment or bias.

And finally, the court has said that every individual has a right to live his life in the manner he wants and it is necessary that the society and the community recognizes it.

Q9) Can an RWA/Society or any individual pick up the dogs in a colony that are sterilized and vaccinated and throw them away somewhere?

Ans: Under the GOI Animal Birth Control rules 2001 , no sterilized dogs can be relocated from their area. Under 5 High Court orders , sterilized dogs have to be in their original areas. If the dog is not sterilized, the Society can ask an animal welfare organization to sterilize and vaccinate the dog. They cannot ask to relocate the animal. Relocation is not permissible, as it would cause more problems such as increase of dog bites as dogs are territorial by nature and fight to retain their areas keeping out other dogs.

Q 10) Does practicing phooka or doom dev amounts to cruelty ?

Ans: Yes. Section 12 of The Prevention of Cruelty to Animals Act, 1960 , penalizes practicing of phooka or doom dev or any other operation on cows or other milch animals to improve lactation. This is injurious to the health of the animal and the person undertaking such practices is liable to a fine which may extend to one thousand rupees, or imprisonment for a term of upto two years, or with both. The animal on which the operation was performed shall be forfeited to the Government.

Q11) Dairies give their milch animals injections of oxytocin in order to induce milk. Is this legal ?

Ans: It is illegal.

Use of Oxytocin Inj. on milch animals in order to induce milk is illegal and amounts to cruelty towards animal under Section 12 of The Prevention of Cruelty to Animals Act,1960 . The person is liable for a fine which may extend to one thousand rupees, or with imprisonment for a term which may extend to two years, or with both.

The animal injected with oxytocin will be forfeited to the Government. The proprietor shall be liable to lose his license as a pharmacist and shopkeeper in addition to criminal charges with punishment of up to 5 years in prison.

The Government of India has acknowledged the negative effects of oxytocin and has declared it a scheduled substance. It is illegal under the Food and Drug Adulteration act to give these injections. These rule apply to milkmen too.

The following steps have been taken under the provisions of the Drugs and Cosmetics rules to rationalize the use of a drug, to prevent misuse :-

•  The drug, Oxytocin Inj. Has been taken under the purview of Prescription drugs, so that no person/milkman can purchase the drug without a prescription from a Registered Medical Practitioner or Registered eterinarian.

•  All State Drug Controllers and Zonal Officers of the CDSCO have been alerted to check the reported abuse of Oxytocin Inj.

But, despite the above directions Oxytocin ampules are easily and readily available not only from chemists but also from other unauthorized outlets catering to the requirements of dairy owners

This indiscriminate misuse of Oxytocin is one of the primary contributory factors in drastically reducing the economic span of a cow/buffalo. Oxytocin not only inflicts agony and disease on the animals but it also enters the milk posing a serious threat on the health of people drinking such milk.

Q12) How to know if dairymen or milkmen are using the drug?

Ans: If oxytocin is being used, there will be marks and bruises caused by the needles all over the body of the cow. Needles, syringes, discarded vials and blood soaked cotton can always be spotted lying about near the animal.

The Performing Animals Rules,1973 and The Performing Animals( Registration) Rules,2001

Q 1) Is the exhibition and training of performing animals restricted?

Ans: Yes, Section 22 of The Prevention of Cruelty to Animals Act, 1960 restricts the exhibition and training of performing animals, unless the person interested in exhibiting and training the animal is registered in accordance with provisions of the Act.

No animal can be exhibited or trained if the Central Government, through notification in the Official Gazette has restricted the exhibition and training of that animal.

These animals are:

•  Bears

•  Monkeys

•  Tigers

•  Panthers

•  Lions

Q 2) If a person is interested in exihibiting and training of performing animals, are there conditions for the registration?

Ans: The first and foremost condition required to be fulfilled with regard to the permission for exhibiting and training of performing animals is the registration of the person. Section 3 The Performing Animals ( Registration) Rules, 2001 , which states that any person desirous of training or exhibiting a performing animal has to apply for registration to the prescribed authority. Without being registered he is not allowed to exhibit or train any animal as a performing animal.

Apart from this , Section 8 of The Performing Animals ( Registration) Rules, 2001 lays down the following general conditions :

(1) Every owner who has ten or more such performing animals shall have a veterinarian as a regular employee for their care, treatment and transport;

(2) The owner shall not transport such animals by road continuously for more than 8 hours;

(3) The owner shall ensure proper watering and feeding halts during such transportation;

(4) The owner after transportation shall provide appropriate feeding and retiring enclosures for the animals;

(5) The owner shall ensure that no animal is inflicted unnecessary pain or suffering before, during or after its training or exhibition;

(6) The owner shall not deprive the animal of feed or water in order to compel the said animal to train or perform any trick;

(7) The owner shall train an animal as a performing animal to perform an act in accordance with its basic natural instinct;

(8) The owner shall not make a performing animal perform if it sick, injured or pregnant;

(9) The owner shall ensure that no sudden loud noise is deliberately created within the vicinity of any performing animal or bring an animal close to fire, which may frighten the animal;

(10) The owner in case the performing animal is to be exhibited under artificial light, shall ensure that the overall intensity of such light shall not be more than 500 LUX;

(11) The owner shall not subject the animals to any action that may either kill or injure the animal. Nor shall he use the animals in scenes which may cause injury to them;

(12) The owner shall not use any tripping devices, wires or pitfalls for such animals;

(13) The owner shall not expose any animal to either burning fire or to fire accidents;

(14) The owner shall not keep any animal including horses in close proximity while shooting scenes involving explosives or other loud noises;

(15) The owner shall ensure that props such as spears, nails, splinters, barbed wire or other such props shall not cause injury to the animals during performance;

(16) The owner shall ensure that equines are not made to walk on hard surfaces without being shoed and shall further ensure that the animals are not used in downhill slides or rodeo slide stops without proper skid and hock boots;

(17) The owner of any equine shall not use any whips;

(18) The owner shall ensure that the animal is not used on floors that are very smooth without the use of non-skidding mats;

(19) The owner shall ensure that large gatherings of animals are not allowed in such a way that may cause or result in a stampede;

(20) The owner shall ensure that the animal is not made or incited to fight against other animal sand shall further ensure that sedatives, tranquilizers or steroids or any other artificial enhancers are not administered to or inserted in any animal.

(21) The owner shall ensure that the animal shall not be transported, kept or confined in cages and receptacles, which do not measure in height, breadth or length in accordance to the comfort of the animal.

(22) The owner shall ensure that the animal is not continuously used for an excessive number of takes while shooting a film without providing adequated rest to the animal and in the event of a snake being used it shall not be made to ingest any substances or crawl across tarred or heated surfaces and shall not be contorted to wrestle.

(23) The owner shall ensure that while using an animal in shooting a film, the fight sequence shall not be shot in any livestock holding area including poultry area and shall further ensure that no birds are shown in cages.

(24) The owner shall inform the prescribed authority at least four weeks in advance, giving information about the place, date and time of the actual making of the film wherein the animal is to be used;

(25) Persons desirous of transporting horses from one place to another shall adhere to the minimum norms to enhance conditions of travel safety of the horses, namely:-

•  No horse shall be tied up in such a way that his head and neck movements are unnaturally restricted while traveling

•  All horses must be watered at least every four hours and provided adequate rations of hay during any journey lasting more than eight hours

•  Adequate ventilation and free flow of fresh air in the vehicle shall be ensured during transport

•  Rubber mats shall preferably be used for flooring instead of straw bedding

•  Horses shall not be transported within twenty four hours of having raced

•  No horse shall be raced, where the period of journey exceeds six hours, unless twenty fours have elapsed since completion of the travel.

Q3) Does the Prevention of Cruelty to Animals Act, 1960 provide any procedure for registration with regard to the exhibition and training of performing animals?

Ans: Yes, Section 23 of the above mentioned Act provides the procedure for registration. There are five conditions that need to be fulfilled with regard to the registration of performing animals.

•  Every person desirous of exhibiting or training any performing animal has to make an application in the prescribed form to the prescribed authority and on payment of the prescribed fee

•  An application for registration contains particulars about the animals and to the general nature of the performances in which the animals are to be exhibited or for which they are to be trained. The particulars so given shall be entertained in the register maintained by the prescribed authority.

•  The prescribed authority shall give to every person whose name appears on the register kept by them, a certificate of registration in the prescribed form containing the particulars entered in the register.

•  Every register is open for inspection by any person on payment of a prescribed fee.

•  The person whose name is entered in the register, shall be entitled, on making an application for the purpose, to have the particulars entered in the register with respect to him varied. And where any such particulars are so varied, the existing shall be cancelled and a new certificate will be issued.

Q 4) What does it mean by prescribed authority and the prescribed payment of fee for registration? What are performing animals? What is the prescribed payment of fees for inspection of the register by any person?

Ans: Section 2 (b), of The Performing Animals Rules, 1973 says that a performing animal is any animal which is used for the purpose of any entertainment to which the public is admitted through the sale of tickets.

Section 5 of The Prevention of Cruelty to Animals Act, 1960 states that:

Section 5 (1) - The Board shall consist of the following persons:-

•  The Inspector-General of Forests, Government of India , ex officio;

•  The Animal Husbandry Commissioner to the Government of India . ex officio

•  Two persons to represent respectively the Ministers of the Central Government dealing with the home affairs and education, to be appointed by the Central Government

•  Two persons to represent respectively the Ministers of the Central Government dealing with the home affairs and education, to be appointed by the central Government

•  One person to represent the Indian Board for Wild Life, to be appointed by the Central Government

•  Three persons who, in the opinion of the Central Government, are or have been actively engaged in animal welfare work and are well- known humanitarians, to be nominated by the Central Government

•  One person to represent the association of veterinary practitioners, who in the opinion of the Central Government ought to be on the Board

•  Two persons to represent practitioners of modern and indigenous systems of medicine - to be nominated by the Central Government

•  One person to represent each of such two municipal corporations as in the opinion of the Central Government ought to be represented on the Board to be elected by each of the said corporations

•  One person to represent each of such three organizations actively interested in animal welfare as in the opinion of the Central Government ought to be represented on the Board, to be chosen by each of the said organizations

•  One person to represent each of such three societies dealing with prevention of cruelty to animals which in the opinion of the Central Government ought to be represented on the Board

•  Three persons to be nominated by the Central Government

•  Six Members of Parliament, four to be elected by the House of the People (Lok Sabha) and two by the Council of States (Rajya Sabha)

•  Any of the persons referred to in any of the above clauses may depute any other person to attend any of the meetings of the board

•  The Central Government shall nominate one of the members of the Board to be its chairman and another member of the board to be its Vice-Chairman.

Section 4 of The Performing Animals Rules, 1973 talks about fees and registration. It states that every application for registration shall be accompanied by a fee of Rupees Twenty-Five(Rs.25) which can be either paid in cash or in such other manner as may be specified by the prescribed authority.

Section 7 of The Performing Animals Rules,1973 says that anyone who is interested in inspecting the register can do so during office hours on any working day on payment of a fee of Rupees Two.

Q 5) What rules does the Central Government have with regard to the Performing Animals Registration ?

Ans: The Central Government has prescribed rules with regard to the registration of performing animals. The necessary rules are provided in The Performing Animals (Registration) Rules, 2001.

Section 2(g) says that Prescribed Authority means - the Central Government, or such other authority including the Board or State Government, as may be authorized by the Central Government.

Section 2(h) says that Performing Animal means - an animal which is used at or for the purpose of any entertainment including a film or an equine event to which the public are admitted.

Section 4 talks about the fee and registration, where every application for registration shall be accompanied by a fee of Rupees Five Hundred(Rs.500/-).

Q 6) What are the acts that amount to offences with regard to performing animals?

Ans: Section 26 of The Prevention of Cruelty to Animals Act, 1960 list the acts that amount to offences with regard to performing animals.

Section 26 says that if any person –

•  not being registered, exhibits or trains any performing animal;

Or

•  being registered under this Act, exhibits or trains any performing animal with respect to which, or in a manner with respect to which, he is not registered

• exhibits or trains as a performing animal, any animal which is not to be used for the purpose of exhibition

•  obstructs or willfully delays any person or police officer from entering and inspecting the premises where the performing animals are kept

•  conceals any animals to avoid such inspection

The person found guilty of such offences will be punishable on conviction with a fine of upto Rupees Five Hundred, or with imprisonment which may extend to three months or with both.

Q 7) Is it an offence to train or exhibit an animal for police purpose?

Ans: No. Section 27 of The Prevention of Cruelty to Animal Acts, 1960 acts as an exemption clause. It permits the training of animals for bona fide military or police purposes. However, Section 11 of The Prevention of Cruelty to Animal Acts, 1960 applies to those animals too. It has to be kept in mind that no animals are treated cruelly or in a way that harms them.

Q 8) Does the police have the power to inspect the premises in which any performing animals are being trained or exhibited?

Ans: Yes. If it comes to the knowledge of any police officer that the training or exhibition of any performing animal has been accompanied with unnecessary pain or suffering, Section 25 of The Prevention of Cruelty to Animals Act,1960 , provides that any police officer not below the rank of sub-inspector may enter at all reasonable times and inspect any premises in which any performing animals are being trained or exhibited or kept for training or exhibition and ask for the certificate of registration from the trainer or exhibitor.

Q 9) Does The Prevention of Cruelty to Animals Act, 1960, provides the powers of search and seizure to the police?

Ans: Yes. Section 32 of the Act, states that if a police officer not below the rank of sub-inspector, has reason to believe that an offence of cruelty has been committed or that any person has in his possession, the skin of any such animal with any part of the head attached thereto, he may enter and search place or any place in which he has the reason to believe any such skin to be, and may seize such skin or any article or thing used or intended to be used in the commission of such offence.

Also, if the police officer, not below the rank of sub-inspector, has reason to believe that phooka or any other operation of the nature referred to in Section 12 , has been performed or will be performed on any animal within the limits of his jurisdiction, he may enter any place in which he has reason to believe such animals to be, and may seize the animal and produce it for the examination by the veterinary officer in charge of the area in which the animal is seized.

The Prevention Of Cruelty To Draught And Pack Animals Rules,1965

Q 1) What is the maximum loads for draught animals?

Ans: Below is the table, stating the specific animals meant for drawing a vehicle of the kind with the load of excess weight.

TABLE I

Q 2) What is the maximum load of certain pack animals?

Ans: Below is the Table provided specifying animal allowed to carry loads along with the excess weight .

TABLE II

Q 3) What are the powers provided to police officers under The Prevention of Cruelty to Draught and Pack Animals Rules, 1965?

Ans: Section 11 of the Act, provides that if police officer above the rank of a constable feels that the rule of reasonable excess weight with regard to the draught and pack animals is getting violated, he may, ask the owner or the other person in charge of such animal to take the animal or the vehicle or both to the weighbridge for the purpose of determining the weight of the load which animal has been or is drawing or carrying.

And if the owner incharge of the aforesaid animals refuses to comply with the demand of the police officer, the policeman has every right to take the animal or the vehicle or both to the weighbridge and get it measured. And as soon as any weight is determined under this rule, the owner or other person in charge of the said animal shall be given a statement in writing signed by the police officer as to the weight so determined and any other information relevant for the purpose.

Q 4) What are the general conditions for the use of draught and pack animals?

Ans: Section 6 of The Prevention of Cruelty to Draught and Pack Animals Rules, 1965 , lays down the general conditions for the use of draught and pack animals. No person is allowed to use any animal for drawing any vehicle or carrying any load :-

•  for more than nine hours in a day in the aggregate;

•  for more than five hours continuously without a break or rest for the animal;

•  in any area where the temperature exceeds 37 degree C ( 99 degree F ) during the period between 12 noon and 3 p.m.

Q 5) What are other relevant provisions with regard to The Prevention of Cruelty To Draught And Pack Animals Rules,1965?

Ans: Following are the important sections that should be known. These are:

Section 7 :-

•  Animals to be disengaged after work

• No person shall continue to keep in harness any animal used for the purpose of drawing vehicles, after it is no longer needed for such purpose.

Section 8 :-

•  Use of spiked bits prohibited

•  No person shall, for the purpose of driving or riding an animal or causing it to draw any vehicle or for otherwise controlling it, use any spiked stick or any other sharp tackle or equipment which causes bruises, swellings, abrasions or severe pain to the animal.

Section 9 :-

•  Saddling of horses:-

•  No person shall cause a horse to be saddled in such a way that the harness rests directly on the animal's withers without there being sufficient clearance between the arch or the saddle and the withers.

The Transport of Animals Rules,1978

Q 1) What are the general conditions of transport of animals?

Ans: Section 98 of The Transport of Animals Rules, 1978 provides the general conditions of transport of animals.

•  Animals to be transported shall be healthy and in good condition. They should be examined by a veterinary doctor for freedom from infectious diseases and their fitness to undertake the journey, provided that the nature and duration of the proposed journey shall be taken into account while deciding upon the degree of fitness.

•  An animal which is unfit for transport shall not be transported and the animals who are new born, diseased, blind emaciated, lame, fatigued or having given birth during the preceding seventy two hours or likely to give birth during transport shall not be transported.

Q 3) Pregnant and very young animals shall not be mixed with other animals during

transport.

•  Different classes of animals shall be kept separately during the transport

•  Diseased animals, whenever transported for treatment, shall not be mixed with other animals.

Q 2) What should be looked for when animals are being transported?

Ans: As mentioned above, the general conditions laid down in Section 98 of The Transport of Animals Rules, 1978 should be strictly adhered to. And apart from that, there are different rules for transporting different categories of animal, provided under The Transport of Animals Rules, 1978.

Also keep in mind:

•  The Vehicle transporting them should be large enough to carry the animals comfortably and they should not be packed and jammed inside.

•  The animals should also be protected from the weather.

•  The permissible loading in a truck is 4 buffaloes or 40 sheep/goats, and truck having wheel base below 142 inches, shall not carry more than five cattle without calves or four with calves.

•  In the case of trucks whose wheel base is over 142 inches shall not carry more than six cattle without calves or five with calves.

•  Animals in tempo are not allowed. Only four passengers excluding the driver are allowed on a tonga or a total of 325 kgs.

Overloading of animals amounts to treating of animals cruelly under Section 11 of The Prevention Of Cruelty to Animals Act,1960. And if the above general conditions with regard to the transportation of animals are not met, the animals should be immediately unloaded and sent to the nearest animal shelter. And since the offence so committed falls under the Section 11 of The Prevention of Cruelty To Animals Act, 1960, the offender (in the case of a first offence) will have to pay fine which shall extend to fifty rupees and if it is the case of second offence or subsequent offence committed within three years of the previous offence, he will be fined with not less than twenty-five rupees but which may extend to one hundred rupees or with the imprisonment for a term which may extend to three months or with both. Also, in the case of second offence, the offender's vehicle is confiscated, and he will never be allowed to keep an animal again

Transport of Monkeys

Q) What should be kept in mind while transporting monkeys?

Ans: Monkeys are to be transported in suitable wooden or bamboo cages. The following two sizes of cages shall be used during the transportation of monkeys through rail.

•  910 x 760 x 510 mm- This cage shall contain not more than twelve monkeys, weighing between 1.8 and 3.00 kilograms each or ten monkeys weighing between 3.1 and 5.0 kilograms each

•  710 x 710 x 519 mm- This cage shall contain not more than ten monkeys weighing between 1.8 and 3.00 kilograms each or eight monkeys weighing between 3.1 and 5.00 kilograms each.

Also, not more than one cage shall be placed over the other and gunny packing shall be placed between two cages, when one is placed over the other.

When the monkeys are transported by air the following two sizes of cages shall be used.

•  460 x 460 x 460 mm- This cage shall contain not more than ten monkeys weighing from 1.8 to 3.0 kilograms each or four monkeys weighing from 3.1 to 5.0 kilograms each

•  760 x 530 x 460 mm :- This cage shall contain not more than ten monkeys weighing from 1.8 to 3.0 kilograms each or eight monkeys weighing from 3.1 to 5.0 kilograms each.

Transport of Cattle

Q) What should be kept in mind while transporting cattle?

Ans: Cattle can be transported by rail or by an open good vehicle

•  When cattle is to be transported by rail :

•  an ordinary goods wagon shall carry not more than ten adult cattle or fifteen calves on broad gauge

• not more than six adult cattle or ten calves on meter gauge
• or not more than four adult cattle or six calves on narrow gauge.

•  And while transporting cattle by goods vehicle, only six cattle should be loaded.

Transport of Equines

Q) What should be kept in mind while transporting equines?

Ans: Equines can be transported by rail or by an open good vehicle

•  For the transport of equines by rail

• ordinary goods wagon when used for transportation shall carry not more than eight to ten horses or ten mules or ten donkeys on broad gauge
• and not more than six horses or eight donkeys on meter- gauge.

•  And if equines are to be transported by good-vehicles each vehicles should not carry more than four to six equines.

•  For the transport of equines by sea, horses may normally be accommodated in single stalls and mules in pens, each pen holding four to five mules.

Transport of Sheep and Goats

Q) What are the guidelines to be followed while transporting sheep and goat?

Ans: The following chart outlines the guidelines of the transport of sheep and goats through railway wagon, for different gauge.

Broad Guage Metre Guage Narrow Guage

And Goods Vehicles of capacity of 5 or 4.5 tons, which are generally used for transporting animals, shall not carry more than forty sheep or goats.

Transport of Poultry by Rail, Road and Air

Q) What should be kept in mind while transporting poultry?

Ans: Containers are used for transporting poultry by rail, road and air. There is a specific number of different kinds of poultry to be transported in containers. The following table outlines the guidelines:

Kind of Poultry Number in a container

Transport of Pigs by Rail or Road

Q) What should be kept in mind while transporting pigs?

Ans: While transporting pigs by road, any good vehicle generally used for transportation of animals shall not carry more than twenty pigs.

And while transporting pigs by rail, no railway wagon shall accommodate more than the number of pigs as provided in the following table :-

Broad Gauge Metre Gauge Narrow Gauge

The Prevention of Cruelty to Animals( Slaughter House) Rules,2001

Q 1) How does the law define a ‘slaughter house'?

Ans: There are certain rules provided under The Prevention Of Cruelty To Animals (Slaughter House) Rules, 2001.

Section 2(c) of the above mentioned Act defines ‘slaughter house' as a slaughter house wherein 10 or more than 10 animals are slaughtered per day and is duly licensed or recognized under a Central, State or Provincial Act or any rules or regulations made thereunder.

Q 2) What are the main laws regarding the slaughtering of animals?

Ans: Section 3(1) of the above mentioned Act provides that animals cannot be slaughtered except in the recognized and licensed houses. Also, Section 3(2) , prohibits slaughtering of any animal :

• which is pregnant or
• has an offspring less than three months old, or
• the animal which is under the age of three months or
• has not been certified by a veterinary doctor that it is in a fit condition to be slaughtered.

Q 3) Is it forbidden to slaughter animals apart from in licensed slaughter houses?

Ans: If an area has a Government slaughter-house, animals cannot be slaughtered anywhere else. In the absence of a government slaughter house in the area, slaughter can only take place in licenced slaughter houses which should be situated where they are not a public nuisance or an environmental hazard.

These slaughterhouses have to follow the Municipal Corporation laws and ISI regulations. Lambs or any other animals cannot be slaughtered in slums, in roadside ramshackle meat shops, in dhabas or in private houses.

Q 4) Is it a crime to sell camel meat?

Ans: Camel meat is not a notified item of food. As per the Prevention of Cruelty to Animals Act, 1960 provision is available only for the slaughter of cattle, goat, sheep and pigs within the corporation limits. There is no qualified Veterinary Surgeon, who can certify the fitness of a camel or the suitability of its meat for consumption by human beings, or a licensed person to slaughter a camel. There are no licensed people within the corporation limits for the sale of camel meat either. The license to sell beef will not enable the sale of camel meat.

The Experiments On Animals( Control And Supervision) Rules,1968

Q 1) What does the law say about animal experimentation?

Ans: Section 4 of the Experiments on Animals (Control and Supervision) Rules, 1968 lays down certain conditions regarding the conducting of experiments which are as follows :-

•  Experiments should be performed with due care and humanity

•  Experiments shall be performed in every case by or under the supervision of persons duly qualified, in a laboratory adequately equipped and staffed for the purpose and under the responsibility of the person performing the experiment.

•  Minimum number of animals shall be used in an experiment

•  Experiments involving operative procedure more severe than simple inoculation or superficial venesection shall be performed under the influence of anaesthetic of sufficient power to prevent the animal feeling pain and it shall remain so throughtout the experiment.

•  The experiment shall not be performed for the purpose of attaining or retaining manual skill.

•  Experiment shall not be performed by way of an illustration of lecture in schools or colleges

•  Experiments shall not be performed as a public demonstration except for advancement of knowledge

•  The substance known as Urari or Curari or any such paralysant shall not be used or administered for the purpose of any experiment except in conjunction with anaesthetic of sufficient depth to produce loss of consciousness;

Q 2) Is it illegal to sell animals for experiments?

Ans: Yes, it is illegal to sale animals for experiments. Section 4A of The Experiments on Animals (Control and Supervision) puts restrictions on sale, etc. of animals for experiments. It says that

•  no officer,employee or agent of any animal-control authority shall see, give transfer, trade, supply or otherwise provide any animal coming into his or her possession to any animal dealer, commercial kennel, pet shop, laboratory, educational institution or other person for the use in research, product development testing, education, biological production or other scientific, biomedical or veterinary purposes.

• Also the hospital, educational institution, laboratory or any person is prohibited to purchase or accept any dog or cat not purposely bred for research from any animal-control authority, commercial kennel, pet shop or animal dealer for use in research, product development, testing, education, biological production, or other scientific, biomedical or veterinary purposes.

The Wild Life Protection Act,1972

Q 1) What kind of birds is it legal to keep?

Ans: ‘Keeping' a bird, if it entails a cage, is the worst form of cruelty that a man can inflict - depriving the bird of not only its natural habitat but also its right to fly. No Indian birds can be legally kept under the Wild Life Protection Act, 1972 . Only exotic species can be kept and that too if the seller/owner establishes that they have come from outside the country. In order to prove that, the seller needs to possess an import licence and permission from the CITIES bureau.

Q 2) What is CITIES and what are the laws protecting endangered species of animals?

Ans: CITIES or the United Nations Convention On International Trade In Endangered Species Of Wild Fauna And Flora came into effect in order to protect rare and endangered species of wild fauna and flora against over-exploitation. The convention ensures that international trade does not pose a threat to the survival of a species in the wild.

The convention also provides strict regulation over export of those species threatened with extinction that may be catalyzed by trade. No permits are issued for the international trade of giant pandas, elephants, great apes, rhinos, great whales and the large cats including the tiger. The criteria for prohibiting the international trade of certain species are that if the status of the specific species is seriously declining it should be prohibited.

Further, the keeping of a permissible bird must be in conformity with the provisions of Section 11 of the Prevention of Cruelty to Animals Act , which stipulates that any person who keeps and confines any bird in any cage which does not measure sufficiently to permit the bird of a reasonable opportunity of movement or does not provide the bird with sufficient food, drink and shelter shall be guilty of treating that bird cruelly. The failure to comply with these provisions of Section 11 of PCA is a cognizable offence and the person is liable to be arrested and punished. Hence the sane and safe course of action is to set the birds free.

Q 3) What does the law say about selling of wild birds in the local market?

Ans: The word ‘wild bird' itself implies that the bird comes under The Wild Life Protection Act, 1972 , which extends its protection to about 122 species of birds.

Section 9 of the WPA prohibits hunting of wild birds. “Hunting” in common parlance signifies the pursuit, trapping and then killing of an animal. But under the WPA ‘hunting' also includes capturing and trapping of any wild animal. Further, Section 57 of W.P.A raises a legal presumption that if a person is in possession, custody or control of any captive animal (including wild birds), it shall be presumed that such a person is not in lawful possession of the captive animal. Hence, a person selling a wild bird in the local market is guilty of the offence of ‘hunting' and is liable to be punished with imprisonment for a term that may extend to three years as stipulated under Section 51 of the WPA.

Q 4) Does the Police have the power to arrest under the Wild Life Protection Act?

Ans: Section 50 of WPA authorizes the Director, or the Chief Wildlife Warden or any officer authorized by them or any forest officer or any police officer not below the rank of sub-inspector to arrest any person without warrant and detain him, if the arresting officer has reasonable grounds for believing that such person has committed an offence against the WPA. And Section 51(1) of the WPA stipulates that any person who contravenes any provision of Act or any rule or order made thereunder….shall be guilty of an offenceagainst this Act and shall, on conviction, be punishable with imprisonment for a term that may extend to three years or with fine which may extend to Rupees twenty-five thousand or with both.