Indian Journal of Integrated Research in Law Volume III Issue I | ISSN: 2583-0538
REGULATIONS GOVERNING ANIMAL RIGHTS IN INDIA
Hariom Tiwari, Kishinchand Chellaram College of Law,
Sanjeevani Sethi, Government Law College &
Vedanti Gharat, Government Law College, Mumbai University
ABSTRACT
Animals are given the status of property in India? Why is this? why is a dog,
who is considered as a “man’s best friend” given a title as a property? Does
it not demean the relationship that animals and humans have? Are animals
not entitled to Art. 21 of the constitution of India?
The article will be looking at various regulations which have been enforced
by the government of India for the protection of animals- irrespective of them
being wild or domesticated. The article will differentiate between the two,
then compare the protection which both the categories receive. Finally, the
article will raise specific questions in relation to exotic animals as well as
animals those do not quantify under protection of the law as well are the
victims of neglect and abuse. This article is meant as to create awareness to
the people about the plight of animals.
Keywords: wild animals, domesticated animals, constitutional law, status of
property, exotic animals
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Introduction
Black’s law dictionary defines animal as any animate being who is endowed with the power of
voluntary motion. In the language of the law, animals could be defined as any living creature
other than a human being1. Yet an animal is certified as a property- as in the animal belongs to
someone. Doesn’t this dampen the relationship we have with animals? Animals are seen as our
best companions- “Man’s best friend” is a title given to the dog (who is in fact deemed as an
animal). The question arises as to what is a property? “Property” means property of any kind,
whether movable or immovable, tangible or intangible, and includes any right or interest in
such property.2 But normally when one thinks of property, don’t they mean inanimate objects.
We have seen plenty of examples of property being animate as well as inanimate? A car is a
movable inanimate property and a piece of land is inanimate immovable property. So how is
an animate object- an animal a property? To understand this, one must understand the concept
of property. Rights which are available to an owner of a property include right of enjoyment to
property. The owner’s right gets infringed when property is damaged or stolen. It is the owner
who brings a complaint to the attention of authorities and it is the owner who asks for remedy.
This is the standard rule for any property. This is done with a stereotype that all property is
inanimate. But what about animate property? Don’t they have a say in this? the inanimate object
cannot speak- but the animate objects have the volley of emotions that they show. On further
research, it has been found that a living thing which is not capable to understand the
consequences of its own actions is to be termed as a property.
Animals are currently classified into different types based on their characteristics. It could be
a land based animal or a water based animal, a vertebrate or an invertebrate, cold blooded or
hot blooded and many many more. But law is known to simply this by classifying them just on
the basis of whether they are wild or domesticated. Domesticated animals are “any animal
which is tamed or which has been or is being sufficiently tamed to serve some purpose for the
use of man or which, although it neither has been nor is being nor is intended to be so tamed,
is or has become in fact wholly or partly tamed3”. The word “tamed” here means- an animal,
such as wildlife, purposefully seeking out human company and social interaction, care or
attention, does not reject human handling and learns not to fear humans- all of the above factors
1
Prevention of cruelty to Animals act, 1960.
2
Section 2(c) of the Benami Transactions (Prohibition) Act, 1988.
3
Acc. To S.2 of prevention of cruelty of animal’s act, 1960.
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hindering animal’s return to the wild.4 The source of domestication can be traced back to as
early as when communities started farming instead of foraging. Our great ancestors are
responsible for domesticating wolves- the earlier ancestor of dogs. These animals assisted us
in hunts, securing our kills etc. it is due to this that George Graham Vest rightly said that “the
one absolute, unselfish friend that a man can have in this selfish world- the one that never
proves ungrateful or treacherous-is his dog”5
All animals who are on the soil as well as in waters of Indian jurisdiction are normally governed
under the following regulations-
• S. 428 and S. 429 of the IPC [Indian Penal Code].
• Responsibility of owners of domestic animals under tort law.
• Art. 48A and Art. 51A(g) of the Indian constitution.
• Prevention of cruelty of animal’s act, 1960.
Other than this, other laws too apply which will be discussed in detail later on.
Protection by Indian Penal Code
The Indian Penal Code, which was drafted in 1860, is India's official criminal code. Its goal is
to give the nation a comprehensive penal law. It lists crimes along with their definitions and
penalties in 511 sections spread across 23 chapters. The IPC has undergone numerous
amendments and is currently supplemented by additional Acts. Its founder is Sir Thomas
Macaulay. Hence it is often known as Macaulay code.
The provisions dealing with animals are listed under S. 428 and S. 429 of the IPC. These
provisions do not differentiate between wild or domesticated. These are-
“Whoever commits mischief by killing, poisoning, maiming or rendering useless any animal
or animals of the value of ten rupees or upwards, shall be punished with imprisonment of either
4
Acc. To oxford dictionary.
5
George Graham Vest
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description for a term which may extend to two years, or with fine, or with both.”6
&
“Whoever commits mischief by killing, poisoning, maiming or rendering useless, any elephant,
camel, horse, mule, buffalo, bull, cow or ox, whatever may be the value thereof, or any other
animal of the value of fifty rupees or upwards, shall be punished with imprisonment of either
description for a term which may extend to five years, or with fine, or with both.”7
As we just saw above, imprisonment is given to those who are convicted of cruelty against
animals. The aforementioned laws were introduced to prevent needless animal suffering, and
other laws of a similar nature continue to be passed in response to evolving conditions. In
addition to specific regulations, important legal principles like tort law, constitutional law, etc.
provide further protections for animals.
Protection of animals by tort law
Tort means 'to twist'. This type of law is often associated with civil law whose main goal is
compensatory in nature. The whole concept of animals in tort law have been divided into 2
parts- i.e. possession of animal either of ferae naturae or mansuetae naturae. Animal ferae
means animal of a feral nature (naturally those animals which are not domesticated). These
animals are usually seen as responsibility of zoos which keep them. Animal mansuetae refers
to animal of a domesticated nature. This include animals like dogs, cats, sheeps, goats etc.
The idea of Scienter's Rule applies when damage occurs as a result of the ownership of an
animal, whether hazardous or non-threatening, and the person keeping it is held accountable
differently in different instances. To clarify, the defendant is liable for injuries caused by
domestic animals when he is aware of the vicious proclivity; nevertheless, in the case of wild
animals, knowledge of a vicious proclivity is unquestionably implied.
We see that most incidents reported, have the primary ingredient or the damage being done by
a domesticated animal, it seems natural that tort law provides some laws for the same. Tort
laws say that all owners have absolute liability towards their pets. The term 'absolute liability'
6 S. 428 of IPC.
7 S. 429 of IPC.
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here means that in case of any accidents, the owner of the pet will be held liable. But if the
owner had taken all reasonable precautions and still failed to stop the incident, he is not liable.
Protection by Constitution
The father of all Indian laws, or Lex loci, is the Indian Constitution. In essence, this means that
the Constitution serves as the supreme law-making authority for both the federal government
and state legislatures. The Constitution gives the legislative, executive branch, and judiciary of
India their respective powers. The Constitution of India is divided into - 25 parts and 12
schedules8. Part IV of the Constitution is Directive Principles of State Policy beginning from
Article 36 to Article 51. These are the duties of the government. These are non-justiciable (they
cannot be brought before a court of law). Part IVA of the constitution is in relation to
Fundamental Duties- these are the duties of every citizen. They include every duty under Art.
51A.
“The State shall endeavour to protect and improve the environment and to safeguard the forests
and wildlife of the country”9. This Article was added by the 42nd Amendment, 1976 and placed
a duty on the State to protect the environment and wildlife.
““It shall be duty of every citizen of India to protect and improve the natural environment
including forests, lakes, rivers and wild life and to have compassion for living creatures” 10.
This is one of the duty of the Indian citizens.
The 42nd Amendment introduced both of the aforementioned constitutional protections in
1976. While they are not immediately enforceable in Indian courts, they do establish the
framework for legislation, policies, and governmental directives promoting animal protection
at the national and state levels. Furthermore, they can be enforced in court by applying a broad
judicial interpretation and bringing them within the scope of Article 21's judicially, enforcing
the basic right to life and liberty.
Protection provided under Lists
Article 245 of the Indian Constitution states that, subject to the Constitution, the Indian
8
https://byjus.com/ias-questions/what-are-the-25-parts-of-the-indian-constitution/
9
Art. 48A of the Indian constitution.
10
Art. 51A(g) of the Indian constitution.
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Parliament may adopt legislation for the entire or a portion of India's territory. India's territory
consists of states, union territories, and additional areas such as enclaves inside India.
Article 246 specifies the subject matter of laws enacted by Parliament and state legislatures.
The subject content is divided into three lists in the Seventh Schedule.
• The Union list- it refers to all the matters in which the parliament has control to make
laws.
• The State list- it refers to all the matters in which the state legislature makes laws.
• The Concurrent list- it refers to all the matters in which both the parliament as well as
state legislature can make laws.
The matters of animal welfare have been allocated in the state as well as concurrent list.
The States have the power to “preserve, protect and improve stock and prevent animal diseases
and enforce veterinary training and practice.”11 This is a part of the state list.
Concurrent list includes the following- Prevention of cruelty to animals 12& Protection of wild
animals and birds13.
Protection under Cruelty of Animals Act, 1960.
The Prevention of Cruelty to Animals Act 1960 is India's fundamental cruelty law. The Act's
object is to avoid the inflicting of needless pain or suffering on animals and, to reform policies
relevant to animal cruelty prevention. In accordance with Chapter II of the Act, the Government
of India established the Animal Welfare Board of India (AWBI). This board is responsible for-
1. Advising the central government regarding amendments and rules to prevent
unnecessary pain while transporting animals, performing experiments on animals or
storing animals in captivity.
11
Item 14 of the State List provides that
12
Item 17 of the Concurrent list.
13
Item 17B of the Concurrent list.
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2. Encouragement of financial assistance, rescue homes and animal shelters for old
animals.
3. Advising the government on medical care and regulations for animal hospitals.
4. Imparting education and awareness on humane treatment of animals.
5. Advising the central government regarding general matters of animal welfare.
The Act enumerates different variants of cruelty to animals-
a. Beating, kicking, overriding, overloading, torturing and causing unnecessary pain to
any animal.
b. Using an old or injured or unfit animal for work (the punishment applies to the owner
as well as the user).
c. Administering an injurious drug/medicine to any animal.
d. Carrying an animal in any vehicle in a way that causes it pain and discomfort.
e. Keeping any animal in a cage where it doesn’t have reasonable opportunity of
movement.
f. Keeping an animal on an unreasonably heavy or short chain for an unreasonable period
of time.
g. Keeping an animal in total and habitual confinement with no reasonable opportunity to
exercise.
h. Being an owner failing to provide the animal with sufficient food, drink or shelter.
i. Abandoning an animal without reasonable cause.
j. Wilfully permitting an owned animal to roam on streets or leaving it on the streets to
die of disease, old age or disability.
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k. Offering for sale an animal which is suffering pain due to mutilation, starvation, thirst,
overcrowding or other ill-treatment.
l. Mutilating or killing animals through cruel manners such as using strychnine injections.
m. Using an animal as bait for another animal solely for entertainment.
n. Organizing, keeping, using or managing any place for animal fighting.
o. Shooting an animal when it is released from captivity for such purpose.14
But certain loopholes in the act can still be found. Nowhere is it written in the Act about the
dehorning/castration of cattle in a prescribed manner, destruction of stray dogs in lethal
chambers in prescribed manner and extermination of any animal under the authority of law.
This provides somewhat of a leeway and people use this leeway a lot to get acquittals in a court
of law. Part IV of the Act addresses animal experimentation. The Act does not make animal
testing illegal for the improvement of physiological knowledge or knowledge to battle disease,
whether of humans, animals, or plants. It envisions the central government establishing a
Committee for the control and oversight of animal experiments, with the authority to forbid
experimentation if necessary. This is why we still see chimps, rabbits etc. in factories being
experimented upon. Even animal sacrifice on the pretext of religion is not banned under this
law. “Nothing contained in the Act shall render it an offence to kill any animal in a manner
required by the religion of any community”15. Considering the diversity of religions and
traditions in India, this Section was considered imperative. But animals have been shown to
have no decent rights at all.
India took its first steps in protection of animal rights with the introduction of prevention
against the cruelty of animals act, 1960. However, there is still a long way to go before India
has a sound foundation for animal law. The provisions in the Indian Constitution for animal
protection remain ideas- rather than tangible law enforceable in courts. The penalties for animal
cruelty under the Prevention of Cruelty to Animals Act of 1960 are just insufficient to prevent
crimes against animals. The law is not strictly enforced and provides many provisions that
14
Section 11 of cruelty of animals, 1960.
15
S. 28 of the cruelty of animals act, 1960.
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allow for culpability to be avoided. Extensive revisions are required in this area to provide
India with a stronger animal protection law.
While these legislations take care of the animals on land and water, what about wild birds or
wild animals in general? We all are familiar with the process of migration that many birds
undertake. This is responsible for bringing many foreign species of birds on our land. Are there
any laws protecting them? While it is seen that the wildlife protection act is responsible for
protection of indigenous birds, exotic birds or even animals are not included in this. Wildlife
protection act was passed in 1972 and has been a huge boon for wildlife. It is issued for the
benefit of wild flora and fauna. According to this,
• Animals include amphibians, birds, mammal and reptile. It also includes their young
and in the cases of animals which lay eggs- their eggs too.
• Wild animal refers to any animal specified in schedule 1 to 4 and are found in wild in
nature.
• Captive animal refers to any animal specified in schedule 1,2,3 or 4 which have been
captured or kept or bred in captivity.
The act is the one responsible for the ban on hunting of animals. It does that in S.9 of the act
wherein it prohibits hunting. It says that any animal specified in Schedule- 1,2,3 and 4 cannot
be hunted unless it falls under the following exceptions:
1. Animal becoming dangerous to human life.
2. Killing or injuring an animal in self defence.
3. Education purposes.
4. Scientific research purposes.
5. Scientific management purposes
Section 39 of the act declares to all that "All Wild Animals are government’s property". This
one also includes dead animals too- so the carcass of a dead animal belongs to the government.
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But what about people who have inherited animals? We all are familiar with stories of kings
who had tamed lions, monkeys or even donkeys as pets. Do those animal too belong to the
govt? Section 40 of the act declares that a declaration of inheritance is to be made before the
Chief Wildlife Warden or an authorised office.
For the protection of exotic animals, India has been a signatory of the CITES16 (Convention
On International Trade of Endangered Species of Wild Flora And Fauna) convention. Due to
this some over the top laws have been made but no real action has been undertaken. Over the
years, pet ownership trends in India have changed dramatically. While dogs, cats, rabbits,
hamsters and guinea pigs are still popular pets for families and children, exotic wildlife such
as iguanas, macaws, parakeets, turtles, lemurs, pygmy, marmosets and sugar gliders continue
to be popular. Bird and reptiles are the species which have been commonly found amongst
India's illegal trade. An option developed for young people and individuals who want to mark
by owning a 'wild' pet. With the advent of globalization, this took a turn for the worst with
Wildlife Trafficking.
“Possessing exotic wildlife as a pet is legal in India if one have paperwork, however, the
domestic regulation of the rampant trade and transport, is non-existent. Hefty amounts of
money are paid to acquire these pets, and the growing demand is thus met with horrific acts of
poaching from the wild, smuggling, or illegal breeding followed by incomprehensible trauma
that these animals go through during transit and transport,”17 In addition to animal suffering,
the wildlife trade poses significant risks to biodiversity and disease transmission. This is the
fourth-largest illegal and systematic transnational crime after drug, arms and human trafficking,
and undeniably contributes to terrorist activities and threats to national security. These are
normally governed under the Customs act, 1962 and Foreign trade act, 1992. However the main
purpose of these 2 acts are to track and stop smuggling. So a loophole is seen as to when the
animal enters Indian land, is not caught by security then it can be freely traded here. There is
wildlife protection for protection of indigenous wildlife but there is no laws for protection of
exotic species.
On June 11, 2020 the govt. brought forward a voluntary disclosure scheme18. This scheme
16
https://cites.org/eng/disc/what.php
17
Sumanth Bindumadhav, Senior Manager, Wildlife, Disaster Response and Dharwad Program, Humane
Society International/India.
18
https://www.ecojust.eu/indias-exotic-pet-trade/-information.
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enabled the people to declare their exotic pets. The purpose of this scheme was more of a census
type- recording the numbers so they can be used at a later stage. The people of India were given
a time period of 6 months to declare(which was later extended to 9 months). However it did
not extend any further due to the pandemic on 15 March 2021. The numbers given are
staggering. By 26 May 2021, the MoEF had received a total of 43,693 declarations from 25
states and five union territories. In this,
• 30% of declarations came from West Bengal
• 26% came from Kerala.
• 13% camefrom Tamil Nadu.
• 8% came from Maharashtra.
This just forms the 77%. If a state is not found here, it does not mean that it is not a part of
trafficking exotic animals. Exotic animals are found everywhere if one searches for strongly.
Critics have strongly said that this 9 months declaration time was a window which greatly
benefitted the smugglers and traffickers. They brought the animal in India, declared it and then
sold it legally. These animals are protected by the CITES convention to which India is a
signatory, meaning they should have been took under the custody of govt. or MoEF at least.
But it seems to be not that important.
One does not understand the problem that is to be seen with introduction of exotic species in
India. The problem is that this is not their natural habitat and without their habitats- an animal
only has 2 options. Either it will adapt/evolve or it will die. We have already realised that
evolution takes a long time. Anyone can just ask Charles Darwin19. His book "Origin of
Species" primarily talks about how human beings evolved through neanderthals which took
over a span of over a 1000 centuries. But when a species evolve, a lot of problems emerge.
Problems of overhunting is common due to which species have gone extinct. An invasive
species of predators can endanger the food chain which may lead to calamitous effects. Whole
species can be wiped off the face of the earth due to this disaster. This is not all. We have to
remember that an animal also moulds the environment. So this can also lead to more problems.
19
Charles Darwin- the author of "Origin of Species" and the primary advocate being the theory of evolution.
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As we saw, the problem of exotic animals is huge ( it is a multimillion dollar business) and
won’t go down easily. Fortunately, there is a solution to that. It is in the form of an amendment
in the wildlife protection act. The bill was passed by lok sabha on Aug 3, 2022 and was
introduced by the union ministry in Dec 2021. The proposed Bill has significantly increased
and doubled general fines for infractions from Rs. 25,000 to Rs. 1,00,000, which may also help
augment the fear of consequences for wrongdoers and drive the implementation of the Wild
Life (Protection) Act 1972 and its amendments thereafter.
The Bill lets in for people to voluntarily give up any captive animal covered below the
regulation, and not using an economic repayment in exchange, and then the animal will become
the belongings of the nation government. While this will save you the arbitrary abandonment
or launch of those animals with the aid of using people who do now no longer need to take the
problem to sign in their animals and are available below the purview of the regulation and its
regulations, the control of those uncommon and doubtlessly invasive species goes to require
big ability constructing efforts in phrases of infrastructure and educated employees to make
sure captive animal welfare.
In addition to offering bodily control of stay animals, enforcing government may also want to
undertake strong virtual infrastructure to music and make sure lifetime captive welfare.
Currently, the Maharashtra wooded area branch makes use of a web device to hold a test on all
brief and completely housed captive Indian natural world found in zoos, rescue, and remedy
transit centres. Such structures might be doubtlessly had to efficaciously control data, together
with an stock of animals, registration, deaths and transfers, in an effort to optimally use
resources, mainly with the aid of using wooded area departments in states like West Bengal,
Kerala, Tamil Nadu and Maharashtra that preserve a primary share of uncommon natural world
traders.
Conclusion
As Justice Kaul has rightfully said " Law has to change with time"20.We have seen the
regulations which are currently in use are obsolete. The penalties of ₹50, ₹100 or even ₹1000
does not serve as a deterrant for those who by selling the animal carcasses or the child of the
20
As world changes, judiciary needs to keep pace with change in expectations: Justice Kaul | India News -
Times of India https://timesofindia.indiatimes.com/india/as-world-changes-judiciary-needs-to-keep-pace-with-
change-in-expectations-justice-kaul/articleshow/74272181.cms
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animals get in lacs of rupees or even crores. India is said to be rich in both flora and fauna. But
it seems that we are about to lose both. The plant kingdom is getting destroyed on the name of
development by humans. The concept of sustainable development is not followed at all. The
animal kingdom will suffer tremendously due to this. We all are aware of the terror of leopards
in Arrey Colony, Mumbai as well as the terror of a herd of elephants in any area- they stomp
the people, destroy crops and are a pain to kill. But one always forgets that this happens because
we destroy their homes. We are responsible. In the name of progress we have foraged through
all our exhaustive non renewable resources. When the talk happens on saving environment,
everyone speaks but when its time to amend- being energy efficient, everyone comes up with
an excuse. From not being able to afford to the idiotic phase- don't mend what is not broken.
But one has to realise that animals don't speak our language- otherwise in these environment
summits it would be their voice which would be heard. They would be able to explain how
human beings have catastrophically destroyed their habitat environment, for their own selfish
needs. Hence, it is to be known that saving the animals could be the first step in repairing earth.
To put back earth on the pristine conditions- animals have to be saved. But this cannot be done
by outdated laws or half heartedly. Full work is to be enforced in this.
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