Humanitarian grounds Versus Legal provenance

 

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Picture courtesy: http://portugalresident.com/sites/default/files/styles/node-detail/public/field/image/Puppy_with_nose_in_fence_jpg_800x1000_q100.jpg?itok=fnZ9HOmw

This article was awritten  by  Raveena Tandon a student of Lloyd Law College, Greater Noida.

INTRODUCTION

Most debatable and talked about issues in India now a day is #no_more_50
well what is this and why is some part of society raising their voice Several Parliamentarians and celebrities launched the `No More 50′ campaign in order to press for stronger animal rights law so that the culprits do not get away by merely paying Rs 50 for their unlawful action under the prevailing Act. With due course of time people are getting aware about the animal rights and sensitive section of people who care for animals are raising their voice after certain famous or I should legendary judgments passed by several courts in India.

  • Let’s revise some laws for animals 

“The penalty in the PCA Act for killing, mutilating and maiming an animal has never been revised. Animal abusers have taken advantage of this feeble law and have continued to inflict insurmountable amount of cruelty on animals. Currently, the maximum penalty even for the most heinous form of animal abuse is a petty R 50,”

  • Amendments in the Prevention of Cruelty against animals act 1960 

 Every day, we wake up to dreadful news of either an abuse or Killing of an animal. The whole nation is fuming. Recently, we were agitated by two back to back cases, first, where an innocent pup “bard” was thrown off the terrace by two psychotic medical students. Then, not even a month passed we saw another jittery video being surfaced on social media posted by inhumane culprits while burning 3 puppies alive in Hyderabad, shaming the whole humanity. The maximum no of animals abuse cases reported have been of dogs, so far. Yet, other animals have also faced assaults by humans.Shaktiman, a brave horse of Uttarakhand Police, who died of succumbing to injuries during the clash of a political party with police near Legislative assembly in Dehradun. Hence, the culprits get away with not even a punishment of slap on the wrist. The perpetrators are getting away by paying mere 50 rupees, with not even a jail of 24 hours and there are several cases which even not managed to come on records.

  • Landmark cases

Some people think they can treat animals the way they want they can exploit them and make all commercial use of them but thankfully there are laws which prevent them doing this and There are some landmark cases which led to better implementation of laws in case of animal rights they are as followed:

  • People for Ethical Treatment of Animals vs. Union of India

In the year of 2006, Bombay high court passed important ruling according to which any film maker willing to use any animal in their films need to obtain “No objection certificate” from the Animal Welfare Board of India stating that the provisions of the Performing Animals (Registration) Rules, 2001 have been duly met. This law helped to control exploitation of animals in the name of entertainment.

Consumer Court Delhi Ruled this ruling in favor of a complainant in consumer forum who was bared to use lift with his pet by the society, because of the lame excuse given by the society authority that, if dog uses the lift it will spread diseases, but with great excellence of judgment the court gave relief to the pet owners as a consumer of co-housing society he can use the facilities with the pet. Only thing pet should be vaccinated and recognized by kennel club of India License.

  • Ozair Hussain Vs. Union of India

Supreme Court of India gave direction to food and cosmetic companies to mention the identification of ingredients involved in making whether it is vegetarian or non vegetarian and for that Red circle is dedicated for non vegetarian where as to make vegetarian  identical green circle is Made.

There was a ruling directed by apex court of India in the year of 2014 according to which all the cattle smuggling across the border for Gadhimai festival held in Nepal was prohibited.

There are many more such cases which lead to justice for voiceless but the thing is, is it only the Duty of government, Animal welfare board or the authorities to look after the needs of voiceless is it not our duty to step ahead and come forward with helping hands fulfilling the natural justice system irrespective of involvement of our legal system. Though at the end of the day justice rendering machinery is conducted in Indian courts but the initial step which is need to be taken is important and these are the few exemplary cases of animal rights which rendered justice to voiceless and bought changes in the society in perspective of looking justice system.

WAKE

    • Is only killing, dragging, torturing, slapping, smashing animals is crime against them?
    • What about seeing animals dying on roads and just walking away?
    •  What about pushing a stray to death because of hunger?
    •  What about your neighborhood tuffy which is being treated badly by his owners and you witness it daily but choose to keep mum?
    • What about the emergence of new Butchers shop in your locality?

  Here come the humanitarian grounds when people choose to ignore instead of raising voice.
With passage of time amendments to law have always took place and it will keep on happening but only if we raise our voice at correct time.
Until unless we as human wouldn’t raise our voice by stepping out of the box and moving towards natural justice no other justice system can step forward on its own.
Let us take this as social responsibility and our duty which is mentioned in constitution of India as Fundamental duty and raise voice we should come up and do your bit “use the existing laws in a manner so that it keeps on exercising and doesn’t get junked, make a complain approach local NGO’s working around your area and get help to render help to voiceless.” 

Majors to be taken

When you see animal abuse or animal in trouble don’t just ignore it step forward and take majors

1. Complain to the local state SPCA (Society for Prevention of Cruelty to Animals)/Animal Welfare Organizations: working in your area, though as an entity an NGO can’t enforce the law, but they can put you in touch with an animal activist who deals in filing complaints and bringing attention to such matters with legal or media-based intervention.

2.  Make complain: Complain to nearby police or call on 100 on a national level, Police is the major enforcement body for the PCA Act 1960. They are obliged to take action against the offender and render help to the suffering animals as per the procedure outlined in the PCA Act.

3. Know the law: for example a donkey should be loaded with only 35 kgs of weight at one time; the permissible loading capacity of a truck is 4 buffaloes or 40 sheep/goats. Anything over and above it is technically illegal under the law. I know for every commoner it is not feasible to know laws but know the basic law that no police officer can refuse you to help in regard to animal abuse.

4. Collect proofs: In your complaint, be as factual and precise of your observation of the animal crime. Give precise dates, times, locations and photographic evidence if any (while remembering to keep a photocopy with you).

5. Stand up, speak up against injustice. Never give up, keep up the effort!
The Indian Constitution, also, under Article 51 A (g) imposes upon every Indian Citizen a fundamental duty to have compassion for all living creatures

 

CONCLUSION

Only using laws will make laws not rust and waste. Only when mind set of society changes and every citizen step forward and raise their voice for voiceless then only such laws for animals will make a difference and help in suppressing psychopaths who may commit heinous crimes against humans in future and turn out to be real danger for society. To revive humanity once again we need to be kind towards all other living beings only then any nation can step forward to development, and prosperity.
DO YOUR BIT!

By raising voice by proclaiming existing laws and supporting causes like #no-more_50

Presently apex court gave direction to Delhi High Court regarding the area which every egg laying hen get, basically 450 cm square is the area which they get for their life span of 1.5 to 2 years and now it’s time to make changes in the present Egg laying Hen Rule .

This shows things can only change when we desire to change them.

 “I don’t believe in the concept of hell, but if I did, I think it would be filled with humans who are cruel to animals”- Gary Larson

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