The Prevention ofCruelty to Animals-

A Social Responsibility

Dr Niladri Sekhar Roy (B.L.D.O., Onda) And

Dr. Sharadindu Shil (V.O., ABAHC, Ratanpur)

05/02/2023 2

What is Cruelty?

Cruelty

• This offence includes basting, overloading, using a diseased animal for work, starvation, “phuka” etc. These acts are punishable under the prevention of cruelty to animals act, 1960.

05/02/2023 3

Common Offences Against Animals

Includes killing, poisoning or maimingMischief• Poisoning by Datura Leaves, seeds of yellow oleander, snake venoms, aconite root.• Punishable under Sections 428 and 429 IPC.

Making an animal permanently useless by violenceMaiming• Fracture of bone, cutting tendons of leg & neck.• Injury to udder, tearing of vagina or rectum.• Punctured wounds.

Carnal intercourse against the order of natureBestiality• Common belief that intercourse with she donkey is remedial for gonorrhoea.• Little opportunity for natural intercourse, mental abnormality are reasons.• Punishable under Section 377 IPC.

05/02/2023 4

Animal Protection Acts And Rules

05/02/2023 5

The Prevention of Cruelty To Animals

Act, 1960 (59 of 1960)

A. Establishment And Regulation of Societies For Prevention of Cruelty To Animal Rules, 2001

B. The Prevention of Cruelty to Draught and Pack Animals Rules, 1965 (As Amended Up To

9/12/1968)

C. The Prevention of cruelty to animals (licensing of farriers) rules, 1965

D. Performing Animals Rules, 1973

E. Transport of Animals, Rules, 1978

F. Transport of Animals (Amendment) Rules, 2001

G. Transport of Animals (on Foot)

Rules, 2001

H. (Application of Fines) Rules, 1978

I. (Registration of Cattle Premises)

Rules,1978

J. (Capture of Animals) Rules,

1979

K. Animal Birth Control (Dogs)

Rules, 2001

L. Slaughter House Rules, 2001

05/02/2023 6

The Prevention of Cruelty to Animals Act, 1960 (59 OF 1960)

It extends to the whole of India except the State of Jammu and Kashmir.

“Animal" means any living creature other than a human being.

It shall be the duty of every person having the care or charge of any animal to take all reasonable measures to ensure the well-being of such animal and to prevent the infliction upon such animal of unnecessary pain or suffering.

05/02/2023 7

Cruelty To Animals If any person

a) Beats, kicks, over-rides, over-drives, over-loads, tortures subject animals to unnecessary pain or suffering;

b) Employs in any work or labour or for any purpose any animal which, by any reason is unfit to be so employed or, being the owner, permits any such unfit animal to be employed;

c) Wilfully and unreasonably administers or attempts to cause any injurious drug or injurious substance to be taken by any animal;

d) Conveys or carries, whether in or upon any vehicle or not, any animal in such a manner or position as to subject it to unnecessary pain or suffering.

05/02/2023 8

Contd.e) Keeps or confines any animal in any cage of insufficient height, length and breadth to permit the animal a reasonable opportunity for movement;

f) Being the owner of (any animal) fails to provide such animal with sufficient food, drink or shelter;

g) Without reasonable cause, abandons any animal in circumstances which tender it likely that it will suffer pain by reason of starvation thirst;

h) Wilfully permits any animal, of which he is the owner, to go at large in any street, while the animal is affected with contagious or infectious disease or without reasonable excuse permits any diseased or disabled animal, of which he is the owner, to die in any street.

05/02/2023 9

It’s A Long Pathetic List…….

i) Offers for sale or without reasonable cause, has in his possession any animal which is suffering pain by reason of mutilation, starvation, thirst, overcrowding or other ill treatment;

J) Organises, keeps uses or acts in the management or, any place for animal fighting or for the purpose of baiting any animal or permits or offers any place to be so used or receives money for the admission of any other person to any place kept or used for any such purposes; -COCK FIGHTING

k) Mutilates any animal or kills any animal (including stray dogs) by using the method of strychnine injections, in the heart or in any other unnecessarily cruel manner.

05/02/2023 10

Cow Blowing/ Kuhblasen/ Phooka Or Doom Dev

Forceful blowing of air or injection of doom dev. Substance into a cow's vagina (or sometimes anus) is applied to induce her to produce more milk.

If any one does or permits Phooka, he/she shall be punishable with fine to one thousand rupees, or with imprisonment for a term which may extend to two years, or with both, and the animal on which the operation was performed shall be forfeited to the Government.

05/02/2023 11

05/02/2023 12

Treatment And Care of Animals

05/02/2023 13

Sent to a Pinjrapole

Animals concerned

Treated and cared for in an infirmary

Veterinary Officer in charge of the area authorised in this

behalf by rules made under this Act certifies that it is

incurable or cannot be removed without cruelty, that

it shall be destroyed

Released upon a certificate of

its fitness

Released upon a certificate of

its fitness

05/02/2023 14

Establishment And Regulation of Societies for Prevention of Cruelty to Animal Rules, 2001.

District SPCA aids Govt., AWB and local authority in enforcing the provisions of the act.

SPCA or its authorized personnel may seize an animal, stop any vehicle to conduct enquiry if offence is committed to be believed.

Infirmaries, pinjrapole and animal shelters are must for every district under district SPCA.

These should have full time veterinary doctor & other staffs for effective running.

05/02/2023 15

The Prevention of Cruelty to Draught And Pack Animals Rules, 1965 (As Amended Up To 9/12/1968)

Maximum Load for Draught Animals

Max

imum

Loa

d fo

r Pac

k A

nim

als

05/02/2023 16

Points To Remember Board may authorise any organisation established to issue to the

owners of any vehicle which may be brought before it for examination, a certificate as to its un laden weight.

Police officer above the rank of a constable, may take the owner or other person in charge of such animal to take the animal or the vehicle or both to the weigh bridge for the purpose of determining the weight. of the load which the animal has been or is drawing or carrying.

No owner should use an animal to draw vehicle/ carry load-a) For more than nine hours in a day in the aggregate.b) For more than five hours continuously without a break for rest

for the animal.c) In any area where the temperature exceeds 37C (99'F) during

the period between12.00 noon and 3.00 p.m.

05/02/2023 17

Transport of Animals, Rules, 1978

Transport of Cattle:-A valid certificate by a qualified veterinary surgeon that -

• the cattle are in a fit condition to travel by rail

or road and are not suffering from any

infectious or contagious or parasitic diseases .

• They have been vaccinated against

Rinderpest and any other infectious or contagious

or parasitic diseases, shall accompany each

consignment

By Rail/ Railway WagonAvg. space/cattle >2 sqm.

• Suitable loading/unloading

platform• Should be loaded after

proper watering and feeding.

• Sufficient feed & water to be carried during journey.

• Adequate ventilation should be ensured.

• Ordinary wagon shouldn’t contain more than 10

cattle/15 calves on broad gauge.

• Each other facing of cattle in wagon.

• Cattle wagon at the middle of train.

• Night journey

By Goods Vehicle• Specially fitted with

goods vehicle and padding around side.

• Anti slipping material, coir material should be there.

• Not more than 6 cattle in a vehicle.

• Engine facing cattle.• One attendant per vehicle.

05/02/2023 18

05/02/2023 19

05/02/2023 20

TRANSPORT OF ANIMALS (AMENDMENT) RULES, 2001

05/02/2023 21

Transport of Animals (On Foot) Rules, 2001 A fitness certificate by a veterinary doctor, during transportation.

New born animals of which the navel has not completely healed, diseased, blind, emaciated, lame, fatigued, or having given birth during the preceding seventy two hours not to be.

First aid equipment to accompany animals transported on foot.

Watering arrangement during transportation of animals.

Feed and fodder arrangements during transportation of animals.

Prohibition of the use of whip, etc. during transportation of animals on foot.

Transportation of animals in certain cases not permitted without shoes.

Power of Police to require the owner to take animal to nearest Magistrate.

05/02/2023 22

Points To RememberSpecies

(Animal)Maximum distance

covered/day/hr.

Maximum no. of walking/day

of hours (Travelling)

Period of rest (interval) Temperature range

Min Max.

Cattle (Cows) 30 km/day

4 km/hr

8 hours At every 2hours for

drinking and at every

4 hr. for feeding

12C to 30C

Buffaloes 25 km/day

3 km/hr

8 hours At every 2 hours for

drinking a no at every

4 hr for feeding

12 C to 30C

Cows and Buffaloes

Calves

16 km/day

2.5 km/hr

6 hours At every 1½ hr for drinking and at every

3 hrs. for feeding

15C to 25C

Goats and Sheep

30 km/day

4 km/hr

8 hours At every 2 hrs. for

drinking and at every

4 hrs. for feeding

12C to 30C

05/02/2023 23

Registration of Cattle Premises Rules,1978 Every person owning more than 5 animals for profit should

register their premise.

Application should contain information regarding floor type, floor space, ventilation, water & feed supply, drainage, disposal & boundary wall.

Every premises registered should be inspected by Veterinary Officer or authorized State Govt. personnel at any time.

If any premise is not maintained as per rules its licence may be cancelled vide standing order of the inspecting authority.

05/02/2023 24

Animal Birth Control (Dogs) Rules, 2001

The owner of pet dogs shall be responsible for the controlled breeding, immunization, sterilization and licensing.

The street dogs shall be sterilized and immunized by participation of animal welfare organizations, private individuals and the local authority.

05/02/2023 25

Obligations of The Local Authority Establishment of a sufficient number of dogs pounds including animal

kennels/shelters.

Requisite number of dog vans with ramps for the capture and transportation of street dogs.

One driver and two trained dog catchers to be provided for each dog van.

An ambulance cum clinical van to be provided as mobile centre for sterilisation and immunization.

Incinerators to be installed by the local authority for disposal of carcasses.

Periodic repair of shelter or pound.

05/02/2023 26

Capturing/Sterilization/Immunization/Release

On receipt of specific complaint about nuisance or dog bite the same shall be attended on priority basis, irrespective of the area from which the complaint comes.

Each member of the dog squad shall carry, a valid identity card issued by the local authority.

All the dogs caught will be tagged for identification purposes.

The dogs shall be captured by using humane methods such as lassoing or soft-loop animal catchers.

Animal welfare organization accompanying the dog squad will make announcements on a public address system that dogs are being captured from the area for the purpose of sterilization and immunization and will be released in the same area after sterilization and immunization

05/02/2023 27

CONTD. Healthy and sick dogs should be segregated in kennel.

Sick dogs should be given proper treatment and only after they are treated they should be sterilized and vaccinated.

At a time only one lot of dogs shall be brought for sterilization, immunization.

The dog kennel must have sufficient space for proper housing and free movement of dogs.

Female dogs found to be pregnant shall not undergo abortion.

Incurably ill and mortally wounded dogs as diagnosed by a qualified veterinarian appointed by the committee shall be euthanized during specified hours in a humane manner by administering sodium pentathol for adult dogs and Thiopental Intro-peritoneal for puppies by a qualified veterinarian

05/02/2023 28

05/02/2023 29

The West Bengal Animal Slaughter Control Act, 1950

Notwithstanding any thing in any other law for the time being in force or in any usage to the contrary, no person shall slaughter any animal unless he has obtained in respect thereof a certificate under subsection (2) or sub-section (3) that the animal is fit for slaughter.

The President of municipality or a Panchayat Samiti, as the case may be, and the Veterinary Surgeon may issue a certificate under their joint signatures that an “animal is fit for slaughter if they are both of opinion (which shall be recorded) that—

(a) the animal is over fourteen years of age and unfit for work or breeding, or

(b) the animal has become permanently incapacitated from work or breeding due to age, injury, deformity or any incurable disease.

05/02/2023 30

05/02/2023 31

The matter shall be referred to the Veterinary Officer when there is a difference of opinion between the President of a municipality or a Panchayat Samiti, as the case may be, and the Veterinary Surgeon and a certificate shall be issued or refused according as the Veterinary Officer is of opinion that the animal is fit to be slaughtered or is not so fit.

No animal in respect of which a certificate has been issued under section 4 shall be slaughtered in any place other than a place prescribed in this behalf.

The President of a municipality or a Panchayat Samiti, as the case may be, or the Veterinary Surgeon or any person authorised by the Veterinary Assistant Surgeon in writing in this behalf shall have power to enter and inspect any premises within the local limits of his jurisdiction where he has reason to believe that an offence under this Act has been or is likely to be committed.

Prohibiting them may charge the prohibitors six month jail or 1000 rupees fine or both.

05/02/2023 32

Slaughter House Rules,2001

Slaughterhouse’ as a place wherein 10 or more than 10 animals are slaughtered per day and is duly licensed or recognized under a Central, State or Provincial Act.

Prohibits slaughtering of any animal –

a) Which is pregnant or Has an offspring less than three months old.

b) The animal which is under the age of three months or c) Which has not been certified by a Veterinary Doctor that it is in

a fit condition to be slaughtered.

05/02/2023 33

No animals can be slaughtered in slums, in roadside meat shops or in dhabas or in private houses.

There should be adequate number of veterinary doctors.

If there is a Municipal Authorised slaughterhouse then there can be no private slaughterhouse and no licence can be issued to such slaughterhouses, as they are illegal.

05/02/2023 34

Requirements For A Slaughterhouse The slaughterhouse shall have a reception area of adequate size sufficient

for livestock subject to veterinary inspection. The veterinary doctor after examining the animal shall issue a fitness

certificate for each animal. The veterinary doctor shall examine thoroughly not more than 12

animals in an hour and not more than 96 animals in a day The reception area of slaughter house shall have proper ramps for direct

unloading of animals with adequate facility sufficient for feeding and watering of animals

Separate isolation pens for animals suspected to be suffering from contagious and infectious diseases, and fractious animals.

Adequate holding area shall be provided in slaughterhouse according to the class of animals to be slaughtered.

Ante-mortem (before death) and pen area shall preferably be covered and shall be paved with material such as concrete non slippery.

Suitable drainage facilities shall be provided around the borders of the area except at the entrances.

05/02/2023 35

Wildlife (Protection) Act, 1972

This Act prohibits injury to any wild animal, which is considered to be government property, under section 39. The definition of an “animal” in the Act includes amphibians, birds, reptiles and mammals and their young.

In the case of bird and reptiles, even their eggs are included in this category. Section 51 of the Act provides the penalty for the person guilty of an offence under this Act.

The accused on conviction, will be punishable with imprisonment for a term of three years or with fine of twenty- five thousand rupees or with both.

And in the case of a second or subsequent offence, the term of imprisonment will be seven years with fine of ten thousand rupees.

05/02/2023 36

Contd. No Indian birds can be legally kept under the Wildlife Protection Act,

1972. Only exotic species can be kept if seller have import lisence from CITES Bureau.

Keeping that too in short cages is cruelty and the person is liable to be arrested,

Section 57 of W.P.A raises a legal presumption that if a person is in possession, custody or control of any captive animal (including wild birds), it shall be presumed that such a person is not in lawful possession of such a captive animal.

Hence, a person selling a wild bird in the local market is guilty of the offence of ‘hunting’ and is liable to be punished with imprisonment for a term, which may extend to three years as stipulated under Section 51 of the WPA.

The madaris can be arrested on the spot, and the animal/ snake confiscated and handed over to the Wildlife Dept, Zoo or a Local Animal Welfare Shelter.

Person recruiting the madari and langur is to be arrested under the same laws as the madari.

05/02/2023 37

SUGGESTIONS

Live and let live.

Imposing of welfare activities from the grassroots level to the upper level of the appropriate administration.

Increasing the awareness regarding existing rules (to save the domestic and wildlife around) and their amendments along with other administrative personnel.

05/02/2023 38

05/02/2023 39

05/02/2023 40

THANK YOU