Man's Best Friend or Foe? Animal Cruelty: A Legal Perspective

By Shreya Sharma

Man's Best Friend or Foe?

INTRODUCTION - ANIMAL CRUELTY

In the world where Sandeep Vanga’s atrocious justification of the film 'Animal' and what parties to attend this weekend and which trend to hop onto next? There have been a plethora of incidents reported that made us question the sanity of the human psyche as well as made us conclude that humanity has fallen into a dark abyss.

All of us are familiar with the term Fundamental Duties that are mentioned in 51(g) of part IV-A of the Indian Constitution which signifies 11 duties to be followed by the citizens of the nation for the betterment of the society as well complement the rights given to us. One of the 11 duties of our constitution is  “to treat nature and its inhabitants with the utmost respect” but lately it hasn’t been fulfilled or even given importance to at all. It is within this framework that the questions surrounding animal cruelty emerge, questioning the intricate balance between religious freedom, constitutional rights and the ethical treatment of living beings other than humans.

Delving into the intricate web of legal provisions, case laws and incidents that have stirred the consciousness of many, the exploration in this article sheds light on the often-overlooked plight of animals. The following article navigates the topic of animal cruelty through legislation, revealing the relationship of humanity with animals. From high-profile cases to incidents that shook the internet, the narrative lingers and urges society to ponder: Are we truly living up to the provisions that define our coexistence with our fellow creatures living with us in our society?

SUFFERING OF STRAYS

There have been some upsetting incidents that have revealed a dark side of our society and made us question the actual meaning of humanity. Due to social media uproar, there has been a limelight thrown onto these incidents otherwise all the lives that were tortured or beaten to death would have remained in the underbelly of our society.

For example: The G20 Incident in Delhi in 2023 revealed alleged inhumane actions by the Municipal Corporation, capturing sterilised stray dogs without proper orders. People For Animals reported distressing scenes of dogs being dragged with wires by untrained workers, causing harm to around 60 harmless and sterilised dogs. These animals were confined in poorly equipped centres lacking essential amenities. 

Another case of bestiality that shook the internet was The Inderpuri Dog Rape Case, shared on the PFA official Instagram page, which depicted a video of a man raping a poor dog that prompted PFA's intervention, leading to the filing of an FIR under the Prevention of Cruelty to Animals Act 1960 and Section 377 of Indian Penal Code. Despite the challenges, volunteers and the supportive samaritans who aimed for justice emphasized the need to speak up against the cruelty inflicted on innocent creatures.

Another shocking incident involved the brutal attack on a feeder by a man and his servant for simply providing food to dogs. This event raises concerns about the state of humanity, as the act of feeding a hungry animal triggered violence. It underscores the devaluation of stray dogs in society, where even the idea of extending basic compassion is met with aggression.

In Kerala, a disturbing incident in 2022 gained social media attention when a street dog, accused of attacking people, was brutally beaten to death and publicly hanged. Furthermore, several stray dogs were found dead, presumably poisoned.

Is this the way that our society likes to deal with problems surrounding animals? It is either hanging off the poor dog who himself was suffering from a disease instead of giving him proper treatment and opting out for a much more humane method instead it resorted to the most chilling ideology that is brutal and condescending of our core human values.

HUMAN NEGLIGENCE OR CONVENIENCE?

All of us are aware of the conditions faced by street dogs or even pets. We must have seen somebody walking their pet on the sidewalk while pulling the leash of the dog a little too roughly or a child throwing a stone at a street dog. But most of us like to downplay it because after all, it is just an animal, or for some people an inconvenience or even a threat to society, the thought of animals getting beaten or even killed doesn’t necessarily ring a moral bell in our consciousness because after all animals are always remembered to be worshipped only for few days a year but for the rest days they are brutally tortured, raped and killed and society wouldn’t bat an eye. Call it an inconvenience or negligence, almost all of us like to downplay all of the above by calling it cruelty but, is it cruelty or violence where there have been incidents of dogs getting thrown off the balcony or third floor or when a 2-month-old puppy was repeatedly stepped on by 2 grown men and much more horrors that go unnoticed because as it is made abundantly clear, they are just animals. It is the sheer violence may it be physical, emotional or mental that ‘these animals’ got through that is just the tip of an iceberg to not rack further guilt we do not give much attention or even a thought to these cries that most of the time goes unheard.

Based on a study conducted by ‘The India Times' so far, the report estimates that an average of 5 animals die every day. But because of lack of reporting, the actual figures could be at least 10 times higher, which means 50 animal deaths every day – amounting to at least 2 animals being killed every hour in India. This does not include animal deaths in slaughterhouses, zoos, and laboratories, and deaths by accidents or human negligence.

BARKING UP THE WRONG TREE

To further understand this delicate phenomenon and how it affects us as a society, we have to start from scratch and understand what ANIMAL CRUELTY is.

In layman’s terms, Animal Cruelty refers to the abuse of animals in such a way that inflicts pain, wounds, suffering or even death. But if we look at it through a legal lens which is specified in ‘The Prevention of Cruelty to Animals Act,1960’ prescribes a few provisions when animal cruelty is said to be committed from Section 11(1)(a) to 11(1)(o) enumerates in total 11 activities that amount to cruelty against animal.

India is home to almost 6 crore stray dogs and 91 lakh stray cats which makes us ponder how many incidents of animal cruelty go unnoticed?

According to a recent study conducted by the Federation of Indian Animal Protection

Organisations (FIAPO) and All Creatures Great and Small (ACGS), between 2010-2020, a total of 4,93,910 animals were victims of crimes committed by humans.

ANALYSIS THROUGH LEGAL PERSPECTIVE

The most recent judgement of the Punjab and Haryana High Court states that in cases of stray dog bites, the court-mandated compensation at a minimum of ₹10,000 per tooth mark. Additionally, for incidents involving flesh being pulled off the skin, a minimum compensation of ₹20,000 per "0.2 cm" of the wound was stipulated. The compensation amounts will align with respective state policies, with Chandigarh adopting Punjab's policy for its greater benefits.

But there are two sides to the coin, rather than spending all the money on the ‘result’ government authorities should be focusing on how to prevent it in the first place. Another concern surrounding this particular judgement is that people would come in with fake bite accidents to collect the money. 

Prevention is better than cure.

Concerning the above perspective it is better and more economical to invest in preventative measures rather than investing a good amount of money on cures.

Another judgement by the Delhi High Court where a petition was filed under the court for Sterilisation and Vaccination Of Stray Dogs using humane methods and at regular intervals of time can be a preventative measure to the increased dog bite cases. 

There are specific provisions mentioned under Section 11 of the Prevention of Cruelty to Animals Act, 1960. There are both imprisonment and fines mentioned under the Indian Penal Code.

 Different laws providing for such prevention and sterilisation of animals

●  The Animal Birth Control (Dogs) Rules, 2001, passed under the Prevention of Cruelty to Animals Act, specifically Rule3 (3), Rule 5 (a) and Rule 6 (2) Animal Birth Control (Dogs) Rules, 2001forbid the throwing or driving of stray dogs from one region to another, as

well as sterilisation and vaccination as methods of stabilising/reducing stray dog populations and removing the risk of rabies. Even the killing of stray dogs was outlawed by the Supreme Court of India in certain of its decisions.

●  The Environment (Protection) Act of 1986 and the Wildlife (Protection) Act of 1972 protect from various forms of cruelty to stray dogs.

●  In 2011, the Delhi High Court issued an order directing the police to protect dogs and dog feeders. The judgement also declared it an offence for anyone to limit, forbid, or annoy anyone who is feeding a street dog, or to resort to removal, dislocation, or killing of a dog.

REAL OR REEL: WHAT TO BELIEVE AND WHAT NOT TO

There has been a dilemma that has recently arisen in the age of social media and technology poses the question if the person believes in the cause or is a mere portrayal of delusion for attention, money and fame. How do we see the difference between REAL AND REEL?

The dichotomy between doing good and portraying good

We all scroll through our apps and see dogs doing funny tricks or dogs in cute clothes that make our hearts swoon. We also see some good samaritans on the platform raising awareness about a noble cause and we gladly donate to them which is not a bad thing to do but there is a doubt always in the back of our minds ‘Is this real or was it staged in a way to grab our attention?' One would never know. We click on the profile of our favourite content creators and see them posing with an NGO for dogs or feeding a dog and immediately like the picture and think, they are such a good person and give them a like. But in reality, it undermines the actual organisation and NGO that have been working since the beginning and invested their time, money and efforts into the betterment of the future and society. Rather than appreciating a genuine organisation, we tend to choose a more glamorous and more posed version of the ‘truth’ made to target the audience. This dilemma poses a serious threat for those advocating for the cause versus the people who are just doing it for ulterior motives of appreciation and applause.

Why should you help?

Helping an injured or distressed animal may be a small thoughtless action for us human beings but for those creatures, it could be a situation of their life and death. We human beings have privileges and intellect to help the voiceless, save their life and give them a new beginning which they deserve. Rather than teaching little kids to be afraid of the strays and keep a distance from them we as a society should create harmony as well as a safe space for strays and help eliminate the fear that has been embedded in us and that has stopped us as human to provide basic care and facilitate a more balanced relationship between strays and humans.

Open your heart, your home to an animal living on the street or in an animal shelter. Unconditional love waits for you. And do it because you are a decent person!

How can you help?

There are two factors to this question WHO and WHERE:

Who can report animal abuse?

a.     Anyone and everyone

b.     There must be an eyewitness

c.     Even if it was witnessed on TV or series or any platforms, citizens can still report it

 Where to Report the Incident?

1.     Police officers under the Prevention of Cruelty to Animals Act, of 1960

2.      Can also contact PETA India (email etc.)

3.     Organisations that help strays (in Chandigarh e.g.: Mowgli aid, SPCA sector 38  etc.

4.     Do contact the vet

All of the above are crucial steps that even you can do at home and help save a life.

CONCLUSION

The better I got to know men,

The more I find myself loving dogs.

- Charles De Gaulle

In conclusion, this research has delved into the intricate legal landscape surrounding animal welfare in India, with a focus on incidents involving stray dogs. The cases in Kerala and the G20 Incident in Delhi underscore the urgent need for comprehensive and humane approaches to address the challenges faced by both animals and the communities involved. The legal framework, while robust in many aspects, requires continued vigilance and advocacy to ensure effective implementation and adherence. The incidents highlighted also point to broader societal issues, emphasising the importance of education and empathy in fostering a more compassionate coexistence. As we strive for justice for the innocent creatures affected, it is imperative to continue raising awareness, engaging in constructive dialogue, and actively contributing to the ongoing efforts aimed at safeguarding the welfare of animals in our society.

*The views expressed in this article are the author's own.