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To
quote from the intoduction to Maneka Gandhi's book on
the Animal Laws of India,
"Everyday
the mail brings in letters from ordinary people who
are ready to fight against a bear being dragged on the
road or a zoo that keeps its animals badly, a dog being
beated and chained, a poacher that serves partridge
or venison or veal. We get letters from people who do
not know how to file FIRs or which Act the specific
cruelty comes under. It is not just young people who
do not know. Teachers do not know that Dissection in
schools is illegal if alternatives are available. The
Municipal Corporation does not know that chickens cannot
be carried stuffed in tempos and that small slaughterhouses
situated in colonies are illegal. Policemen are the
most ignorant; most of them do not know about any of
the laws pertaining to animal abuse - starting from
the ones in their own Indian Penal Code. District administrative
heads know nothing about illegal cow trafficking laws
or madaris. Politicians break their own laws.
However,
I have seen that the moment the law is explained to
all these people, action begins".
While
there are several types of laws that prohibit various
forms of cruelty to animals, or protect and preserve
our natural environment, the two main and specific acts
are
1.
The Prevention of Cruelty to Animals Act of 1960
2. The Wildlife (Protection) Act of 1972
Both
these acts not only define various types of cruelty,
but they also spell out the types of punishment, which
can range from monetary fines to imprisonment upto six
years for severe wildlife related offences. Every single
animal or bird in this country is protected by these
acts from abuse and cruelty, whether wild, captive or
domesticated. Indeed, the WPA also protects the fauna
of our country.
Most activists and lawyers
agree that in themselves, these laws have been very
well drawn up. The problem lies in their implementation,
and that in turn stems from ignorance of the law, as
Mrs. Gandhi has mentioned. The law enforcers sometimes
are not acquainted with details of the animal laws,
because this is not a high priortiy for them. That's
why we hold training programs for them.
Follow
this link to the Animal
Laws Workshop.
Every
ordinary citizen can help enforce the law, indeed there
are provisions in the Acts which provide for citizen's
arrest under certain types of circumstances. Furthermore,
if you see a cruelty being committed before your eyes,
there is nothing to stop you from going up to the offender
and saying "You are violating section 11 of the
Prevention of Cruelty to Animals Act, and I am going
to take you to the police station." Thereafter
ofcourse you must know how to file an FIR at the police
station, which is very easy to do.
Then
again, not many people know that it's an offence to
own or trade in wild animals or birds of Indian origin.
Most of these feature in the restricted schedules of
the WPA, including parrots, monkeys, and mynahs, and
none can be kept in captivity without a licence from
the Chief Forest Warden. Animal trophies such as skins,
ivory, etc are all strictly prohibited.
If
you want to help enforce the law, you will need
- To
get a copy of the two Acts, from your nearest legal
books vendor, or write to lynn@goaspca.com,
and she could help you get one
- Enrol
at one of the workshops on animal laws, but send in
your interest email to lynn@goaspca.com
right now
- To
have plenty of guts and staying power!
The
FAQ's section is a good starter kit, also click on Aparna
Rajagopalan's presentation at the last workshop.
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