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FAQ's

1. Which are the main rules and acts that can be used to file an FIR against cruelty

A. The Prevention of Cruelty to Animals Act, 1960, and rules therein
B. The Wildlife Protection Act, 1972
C. Sections 47 and 429 of the Indian Penal Code
Local Municipal Corporation Acts

2. What is 51(A) g of the constitution?

Part of the fundamental duties of every citizen ; "It shall be the duty of every citizen of India to protect and improve the natural environment including forests, lakes, rivers and wildlife, and to have compassion for living creatures."


3. Can we have some examples of cruelties that are offences under the Prevention of Cruelty to Animals Act?

Beating, kicking, torturing
Overcrowding in vehicles during transportation
Overloading of weight bearing animals during work
Overdriving, whipping
Administering injurious drugs or substances
Confinement within insufficient area
Deprivation of food, water or exercise
Abandoning a sick or aged animal in the streets
Inhumane forms of euthanasia
Baiting animals to fight against each other
Shooting animals kept in captivity for the purpose

4. What are the different laws pertaining to cattle?

Cattle/Cow Preservation Acts
The Prevention of Cruelty to Animals Act, 1960 and Transportation of Cattle Rules, Registration of Cattle Premises,1978 under the PCA
Cattle Disease Act
Municipal Corporation Acts
Preservation and Improvement of Animals Act

5. What must a truck have before it is allowed to carry animals?

As per the Cattle Transportation Rules

Proper papers: certificate of fitness of the vehicle, vet's certificate of fitness of the animals, the consignee's name and address, and details of the shipment ie how many animals there are in the load.

Suitable ropes and ramps for loading and unloading. No more than 6 cattle per vehicle. Sufficient feed and water to last the journey. Antislip floor, and at least 5-6 cm thick straw padding on the floor, and the sides of the vehicle. Special type of tail board, and a raised superstructure. At least one attendant. Adequate ventilation. Veterinary first aid equipment. Panels to separate pregnant animals and infants.

6. What are the different cruelties that are illegal for a pet animal?

Under section 11 of the PCA,
keeping an animal chained for an unreasonable period of time;
using a very short or heavy chain;
neglecting to exercise the animal;
keeping it in close confinement; failing to provide food, drink and shelter;
abandoning the animal, causing pain from starvation and thirst;
allowing it to roam at large in the street when suffering from an infectious disease; leaving it completely unattended for long periods of time.

7. What are the laws governing slaughterhouses?

The Environment Protection Act, 1986 regarding effluent treatment
Water Pollution Prevention and Control Act 1974
Air Pollution Act, regarding noxious fumes
The Bureau of Indian Standards Guidelines regarding specifications for a meat shop
The Municipal Corporation Acts regarding waste disposal, and manner of killing
Prevention of Cruelty to Animals Act, 1960, section 11 a, for cruelty
Criminal Procedure Code and Indian Penal Code regarding public nuisances
National Health Policy, 1983

8. If you come across cases of cock fighting or use of animals where they are made to fight each other and bets are being placed on them, what are the provisions of the PCA and what steps can you take to prohibit it and prosecute the offenders?

Section 11 (n) of the PCA makes this a cognisable offense. For prohibition, a public interest litigation against the entire drama can be attempted, or an FIR filed against specific offenders. It is a good idea to get a stay order before the event, if it is a well organised one.

9. In case you see any act of cruelty what action can you take to prevent it as a citizen?

One can first attempt to stop the cruelty with threats, thereafter one must report the matter in writing to the nearest police station by filing a complaint, or the local SPCA. One should attempt to seize the animal, and keep it/transport it to a shelter or other safe place till the court passes its judgement. Section 34 of the PCA accords general powers of seizure for veterinary examination to any person authorised by the state Government, in Maharashtra, animal welfare officers are so authorised.


10. If the State Government has authorised to you to initiate steps under the PCA, how would you prepare a challan and what would be the contents? If as a citizen you go to a Police Officer to file a complaint under the PCA, how would you guide him to prepare the challan?

We narrate the incident, date, time and location, nature of offense, identification of person/s involved, instrument/vehicle used in the act to the police officer. The complaint must mention that an application is being moved under Section 29, clause 4(B) of the PCA. Provide details of the relevant Act, with clause under which the cruelty being committed is deemed an offense.


11. Can the Court order forfeiture of the animal in case of a first offence? If yes what is required to be substantiated and pleaded in the case?

Yes. Substantiate that the owner of the animal is in no position or unlikely to provide remedial action, perhaps because he himself does not have the means to do so.