Ban Animal Sacrifice: Delete Section 28 of Prevention of Cruelty to Animals Act 1960

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  • I’m writing to you from the People for the Ethical Treatment of Animals (PETA) India on behalf of our more than two million members and supporters to request that you delete Section 28 of The Prevention of Cruelty to Animals Act, 1960, which allows any animal to be killed in any manner for religion,’ PETA India chief executive officer Manilal Valliyate said in a letter to the prime minister “
  • “We hope you will agree that Section 28 is an aberration in the land of ‘ahimsa’, ‘karuna’, and, increasingly, modern technology and where Article 51A(g) of the Constitution of India requires compassion for all living creatures,’
  • PETA pointed out that many states and Union Territories, including Gujarat, Kerala, Puducherry, Rajasthan, Andhra Pradesh, Karnataka and Telangana, have prohibited animal sacrifice in any place of public religious worship
  • This demonstrates that progressive steps are needed towards implementing a similar prohibition throughout India, which could easily be achieved by deleting Section 28 from the PCA Act of 1960, it said.
  • Compassion and love are universal messages at the core of all religions, and no religion teaches or encourages cruelty to animals or requires meat eating. In order to give animal welfare the scope it deserves and to ensure that our animal protection laws reflect modern society, we beseech your good office to remove the outdated exemption for animal sacrifice under Section 28,” PETA said.
  • Peta India also sent letters to police chiefs of all state governments and union territories, urging them to take precautionary measures to stop illegal practices in transport and killing of animals ahead of Eid al-Adha.

Is it Possible

  • “Even though the PCA Act gives an exemption for animal sacrifice, such practices often stand in contradiction to the Wildlife Protection Act, 1972, which protects indigenous wild species from hunting and capture,” said Peta India.

What is Prevention of Cruelty Act, 1960

  • To Punish severely the persons indulging in cruelty against the animals, the establishment of an animal welfare board,
  • identifying the acts amounting to cruelty against the animals, etc.

Salient features

  • This act provides for punishment for causing unnecessary cruelty and suffering to animals.
  • This act defines animals and different forms of animals.
  • This Act enshrines the provisions relating to the establishment of an animal welfare board, its constitution, powers, and functions.
  • This act discusses different 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.
  • guidelines relating to experimentation on animals for scientific purposes.
  • provisions relating to the exhibition of the performing animals, and offences committed against the performing animals.
  • limitation period of 3 months beyond which no prosecution shall lie for any offences under this Act.
  • Section 2(a) defines animal refers to any living creature excluding a human being.
  • definition is comprehensive and exhaustive all living creatures

Domestic Animal: Section 2(d)

  • any tamed or sufficiently tamed animal purporting to serve some useful purpose of man is considered as a domestic animal.

Captive Animal

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  • According to Section 2(c) of this Act; any animal (except a domestic animal), which is under either temporary or permanent captivity or confinement, or is subjected to any appliance or machine preventing its escape from such captivity or confinement, or which is pinioned or has a maimed appearance.
  • Animal Welfare Board
  • Section 4 – 10 enshrines the constitution, funding, and functioning of the animal welfare board.

Functions of the Board: Section 9

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  • Supervising the laws
  • advising the Government on necessary amendments
  • Advising the Central Government on the enactment of rules regarding the prevention of unnecessary pain or suffering to animals during their transportation from one place to another or during their use as performing animals or during their captivity or confinement;
  • Advising the Government or any local authority or any other person on improvements in the vehicles’ design for reducing the burden on draught animals; or In connection with animal slaughtering

What is Cruelty: Section 11

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  • beats, kicks, runs over, drives over, loads over, tortures or otherwise treats any animal by causing unnecessary pain or suffering or causes or being the owner permits, any animal for such employment;
  • employs any animal in work or labour which due to any disease, infirmity, wound, sore or other cause, is unfit for such employment or, being the owner lets any such unfit animal be so employed; or
  • Causes willful and unreasonable administration of any injurious drug or substance to any domestic or captive animal or willfully and unreasonably inflicts or attempts to inflict an intake of any such drug or substance by any domestic or captive animal
  • Conveys or carries, any animal in such a manner or position thereby causing it unnecessary pain or suffering; or
  • Cages or confines any animal or other receptacle having insufficient growth in height, length and breadth for permitting the animal a reasonable opportunity to move around;
  • keeps any animal chained or tethered by means of an unreasonably short or long-chain, for an unreasonable time period; or
  • Being the owner negligently exercises or cause such reasonable negligence to any dog habitually chained up or kept in close confinement; or
  • Being the owner of any captive animal fails to supply it with adequate food, drink or shelter; or
  • Abandoning any animal in such situations causing it to suffer pain by reason of starvation or thirst, without any reason; or

Punishment

  • shall be punishable, in case of a first offence, with fine extending up to 50 INR, and,
  • in the case of a second or subsequent offence committed within 3 years of the previous offence, with fine which may extend up to 100 INR, or with imprisonment for a term which may extend to 3 months, or both

Exemptions

  • According to Section 27; nothing in this chapter shall be applicable to-
  • The training of animals for bonafide military or police purpose or exhibition of animals trained for such purpose;
  • Any animals kept for educational or scientific exhibition in any zoological garden, or any association or scientific society.

Killing for religious purposes

  • According to Section 28; the provisions of this act shall be inapplicable on the killing of any animal for the purposes of any religious community.
  • Goat slaughter during Kalipuja
  • Slaughter during Eid ul Adha

Limiting Prosecutions to 3 Months

  • According to Section 36; no prosecution for an offence committed under this act can be instituted after the expiration of 3 months from the date of committing the offence.

Proposed Amendments

  • Section 11 the revised Act proposes to levy fines up to Rs 7,500 with increased jail terms of 6 months.
  • New Sections 11A (gruesome cruelty) and 11B (killing of animals).
  • The gruesome cruelty or life threatening cruelty against animals will attract a fine of `50,000 per animal or cost of the animal as determined by the jurisdictional veterinarian with imprisonment of one year, which may extend up to three years, or both.
  • If you kill an animal, a fine of Rs 75,000 or three times the cost of the animal with imprisonment of three years that may extend up to five years, or both, is proposed.
  • The penalty for practising “doom dev” or any other substance (injection of any substance) to improve lactation is also proposed to be increased from current Rs 1,000 to Rs 75,000.

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State Animal Welfare Board to be formed

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  • The revised Act also proposes to constitute a State Animal Welfare Board within three months of the amendment.
  • Its members shall be nominated on a purely honorary basis

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