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Khushboo Bharti,
Institute of Law, Jiwaji University, Gwalior
INTRODUCTION
The Prevention of Cruelty to Animals (Amendment)Bill 2022 is a significant legislative step in India for enhancing Welfare and protection of Animals. Amendment seeks to address gaps in existing Prevention of Cruelty to Animal act 1960.It introduces stringent measures to prevent the animal cruelty. It proposes to protect animals more effectively. Amendments aims to introduce significant measures to higher penalties and new provisions that fosters compassionate towards animals. This articles delves key features of the bill ,highlighting its potential impact on animal welfare in India.
BACKGROUND AND NEED OF AMENDMENT
The original Prevention of Cruelty to Animals Act 1960 was pioneer in its time. Animal protection in India was established for legal basis. Over decades several gaps and inadequacies have emerged for necessitating comprehensive update and comprehensive review. First criticism of this act is Inadequacy of penalties that fails to act as deterrent against acts of cruelty.
ENHANCED PENALITIES
The cornerstone of the Prevention of Cruelty to Animals (Amendment)Act,2022 is significant for enhancement of penalties in India for animal cruelty. Under the Act of 1960,penalties for harming the animals were minimal .It often reduced the fine at Rs 50,which did not reflect severity of offense or an act as effective deterrent .The new bill proposed higher fines and also extended imprisonment terms.
Such as for minor offences ,bill proposed fines up to Rs. 1,000 and/or imprisonment for upto 6 months .For more severe offences such as causing grievous harm or death to an animal, penalties increased significantly. From Rs. 25,000 to 75,000 are the range of fines for offenders to face .And imprisonment for 5 years. This approach ensures punishment is proportional to crime, and aiming to provide more effective deterrent against animal cruelty.
CATEGORIZATION OF OFFENCES
Bill introduces structured categorization of minor offences into minor, severe and extreme based on nature and severity of cruelty inflicted. This categorization designed to provide precision and clarity in application of law, ensuring penalties are appropriate for the cruelty involved.
1.Minor Offences :It includes Acts that causes minimal physical harm or distress to animals ,such as neglect or inadequate care. Penalties are charged for the minor offences ,the penalties are low as compared to the old law.
2.Severe offences: Pain, suffering or lasting injury to animals are the causes that involves actions ,for example ;overworking ,beating or using harmful implements to animals .Severe offences charges higher penalties.
This clear categorization helps in better enforcement of the law that ensures offenders for punishments with gravity of their actions.
INTRODUCTION OF COMMUNITY ANIMALS
A progressive and significant feature of amendment is “community animals” for formal recognition. These animals are not owned by individuals but communities cares for them. For example, stray dogs and cats.
Under this provision the local authorities required community to ensure animals provided with water food and necessary medical care bill encourages history sterilization and vaccination of community animals to manage population this recognition aims to compassionate approach for promoting their well-being strays and integration for the community.
ANIMAL WELFARE COMMITTEES
This ensures effective implementation for animal protection laws the bill proposes to established animal welfare committee at district and state levels this community plays important role in overseeing the animal welfare laws and enforcement promoting awareness and coordinating at various stakeholders including battery enforcement agency and animal welfare organisation.
The committees is responsible for the following:-
1.Monitoring and reporting animals cruelty in instances .
2. Ensuring implementation of animal welfare program.
3. Promoting awareness and education about annual rights and human treatment for facilitating rescue and rehabilitation of animals in distress.
These committees aims to create systematic approach and organised approach to animal welfare ensuring that laws are not only to place but for actively promoted and for the enforcement purpose.
PROHIBITION OF CERTAIN PRACTICES
Amendment Bill explicitly prohibits the practices that deemed Cruel and inhuman while banning these specific act the bill aims to eliminate the form of cruelty that are often overlooked .
The key prohibition includes:
1.Spiked bits on horses :Spiked bits uses cause severe pain and injury to horses that is banned this measures protects horses that are used in various activities including such as transportation and sports.
2.Force feeding for entertainment: Practices that include force feeding animals for entertainment or competitive purposes are now prohibited it includes events where animals are made for eat and natural quantities of food, this results in causes distress and health issues .
3.Cosmetic testing on animals : The bill introduces to ban the use of animals for cosmetic testing, aligning with Global trends towards ethical and human testing method .
By targeting these all practices bill aims to address the specific Areas where animals are objected to unnecessary cruelty and suffering.
RESCUE AND REHABILITATION
Bill places a strong emphasis for rescue and rehabilitation of animals that are subjected to cruelty. It mandates establishment of Shelters and Rehabilitation centres across the country to provide animal with care in distress. These centres are equipped for necessary facilities and staffed animals receive proper medical treatment nutrition and care for animals. This prohibition ensures animals from abusive situations that are rescued and they have a chance to recover to lead a healthy life .It underscores commitment that do not just punish offenders but also provides support and care for the victims of cruelty.
EDUCATION AND AWARENESS
Recognising to the legal measures alone that are insufficient to eradicate animal cruelty ,bill introduces prohibitions for promoting education and awareness about welfare it in the incorporation of animal welfare topics into School curriculum to cultivate empathy and respect for the animals from a young age .Only in broader community about the importance of human treatment of animals by posting a culture of compassion and respect towards animals for educational initiative was the aim to prevent cruelty before it occurs ,results in creating more human society overtime.
THE ROLE OF CIVIL SOCIETY AND NGO’s
Bill acknowledges vital role for civil society organisation and Non- governmental organization that play in promoting animal welfare . It encourages collaboration between the government and the organizations that enhance the effectiveness of animal protection measures and have the expertise resources and grassroots for carrying out animal welfare program ,rescue operations and public awareness campaigns.
IMPLEMENTATION CHALLENGES AND SOLUTIONS
The Prevention of cruelty to Animals (Amendment) Bill 2022 introduces the robust measures for animal protection results in successful implementation that require overcoming several challenges:
Resource allocation: Effective enforcement of the bill provisions required resources including rehabilitation centres Shelters welfare committees funding for animal welfare committees government will need to ensure sufficient that are allocated and utilise efficiently.
Training and capacity building: Enforcement of law personal veterinarians and other is take holders will need training to implement the new provisions effectively this includes understanding categorization of proper handling of rescue animals offences and legal frameworks surrounding animal welfare .
Public Cooperation: bill to be successful Public Corporation and support are essential this involves not only adhering the law but also actively participating in a welfare of community animals and quality reporting instantly.
GLOBAL CONTEXT AND COMPARISON
The Prevention of cruelty to animals (Amendment) Bill 2022 alines Global Trends towards stronger annual protection laws in India. Many countries maintained their stimulse or significant annual welfare regulation reflecting in growing recognition of animal rights for example European Union has comprehensive annual welfare laws and several countries including light UK and Australia band cosmetic testing on animals .By introducing this amendment in India not only strengthens it's domestic animal protection framework but also aligns International standards enhancing its reputation as a country committing to human and Ethical Treatment of animals.
CONCLUSION
The prevention of cruelty to Animals (Amendment ) Bill 2022 in India represents forward looking approach to animal welfare in India. By introducing higher penalties for punishment categorising offences, establishing welfare committees, recognising community animals ,banning specific cruel practices rehabilitation and education and emphasizing rescue, create a more human and compassionate society in India. The successful implementation of this bill result in concerted efforts of the government civil society and public .With these amendments India takes a important step towards and sharing that animals are treated with the dignity and respect they deserves settling of president for future advancement in animal welfare legislation.
REFRENCES-
Articles
Mary Ann, Paul Locke, “Introduction: Global Laws, Regulations, and Standards for Animals in Research”, ILAR JOURNAL, Vol. 57, No. 3, 2016 Pg 261-265.
"Animal Cruelty and Rights: Review and Recommendations," by Navya and Muskan Jain, International Journal of Policy Sciences and Law, Vol. 1, 2020.
Anne Peters, “Global Animal Law: What It Is And Why We Need It” CAMBRIDGE UNIVERSITY PRESS, 2016
Newsletters
Damian Carrington, “Humanity Has Wiped Out 60% of Animal Population Since 1970, Report Finds” THE GUARDIAN, October 2018.
PETA, “Animals Used For Experimentation” Report October 2020.
Animal Cruelty Exposure Fund, “Animals Used For Clothing” Report November 2020
Leena Dhankhar, “Pregnant Goat Dies After Being Allegedly Gangraped By 8 Men” HINDUSTAN TIMES, July 2018.
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