The Supreme Court of India has recently focused on an issue involving the Prevention of Cruelty to Animals Act, 1960. In particular, the court has mandated that the central government reevaluate or withdraw the regulations stipulated in 2017 that facilitate confiscation of animals, belonging to traders and transporters, during a trial under the aforementioned act.
About the 2017 Rules under the Prevention of Cruelty to Animals Act
The Prevention of Cruelty to Animals (Care and Maintenance of Case Property Animals) Rules, 2017 were framed in line with the Prevention of Cruelty to Animals Act, 1960. These rules delegate power to a magistrate to seize cattle owned by an individual undergoing trial under this Act. Post-confiscation, the animals are typically relocated to infirmaries, animal shelters and similar establishments. The authorities, as per the rules, can also offer these animals up for adoption.
The Supreme Court’s Observations on the 2017 Rules
The Supreme Court has noted that these rules seem to directly contradict Section 29 of the Prevention of Cruelty to Animals Act. Under this section, only those individuals proven guilty of animal cruelty stand to lose their animals. The court has urged the government to revise these rules to evade a potential stay order from the court.
Overview of the Prevention of Cruelty to Animals Act, 1960
The principal aim of the Prevention of Cruelty to Animals Act, 1960 is to deter all actions that inflict unnecessary suffering or pain on animals. Recognizing its utility and need, the Animal Welfare Board of India (AWBI) was set up under Section 4 of the Act in 1962.
The Act not only stipulates punishment for causing unwarranted cruelty and suffering to animals but also clearly defines what constitutes an animal. It further goes on to categorize different forms of animals, outlines various forms of cruelty, exceptions and provides provisions related to the euthanizing of an animal who may be suffering as a consequence of cruelty against it.
Experimentation on Animals and Protection of Performing Animals
The Prevention of Cruelty to Animals Act, 1960 also puts forth guidelines pertaining to the use of animals for scientific experimentation. It clearly states that this should be done in a manner that avoids unnecessary pain and suffering. On top of this, the Act also looks out for performing animals. It has clauses dedicated to the prohibition of exhibitions featuring these animals and penalties for offences committed against them.
Litigation Period under the Act
The Act’s legislative framework includes a provision specifying the limitation period for prosecution. According to this provision, no action can be taken against any offences under this Act after three months have passed from the date of the alleged offence. This ensures a timely and fair trial for all parties involved.