Know the Rights of Animals under Indian Law

It is vital to be familiar with the rights given to animals when you encounter people acting cruelly, or when filing an FIR reporting cruelty with the police.

These are the most powerful laws in place which protect animals, and how to use them:

Section 428 of the Indian Penal Code

States that the punishment for killing, poisoning, maiming, or rendering useless any animal or animals of the value of ten rupees or upwards are simple or rigorous imprisonment for up to two years, or with a fine, or with both.

Section 429 of the Indian Penal Code

States that the punishment for killing, poisoning, maiming, or rendering useless any animal or animals of the value of fifty rupees or upwards (which automatically includes all cattle/beasts of burden) are simple or rigorous imprisonment for up to five years, or with a fine, or with both.

The Wildlife Protection Act (1972)

Prohibits injury to any wild animal or trees under section 39.

"Animals" include amphibians, birds, reptiles and mammals and their young. In the case of bird and reptiles, even their eggs are included in this category. The exceptions are those classified as "vermin" defined in Section V. Each state has its own list of non-human animals considered vermin.

The penalty for the person guilty of an offence under this Act is imprisonment for a term of three years, or with fine of twenty-five thousand rupee, or with both. In a second offence, the term of imprisonment will be seven years with fine of ten thousand rupees.

The Prevention of Cruelty to Animals Act, 1960

The definition of cruelty is defined under Section 11 (a) to (o). This includes (but is not limited to):

cruelty against the person's own pet
inhumane slaughter
inhumane transportation
inhumane living conditions (even for animals destined for slaughter)
tail docking
Ear docking.

The offender will have to pay fine which shall extend to fifty rupees. If it is the case of second offence, he will be fined with not less than twenty-five rupees but which may extend to one hundred rupees or with the imprisonment for up to three months or with both.

Any illegal killing or cruelty towards an animal should be reported to the local police station and a F.I.R. should be filed against the offender.

If the killing or cruelty is in acted upon an animal not owned by the offender, refer to Section 428/429 of the Indian Penal code and The Prevention of Cruelty to Animals Act (1960).

If the killing or cruelty is in acted upon an animal owned by the offender, refer to The Prevention of Cruelty to Animals Act (1960).

If the animal is a wild animal not defined as "vermin" by the state, or if the person is killing or injuring an animal defined as a vermin in an illegal/inhumane way, refer to The Wildlife Protection Act (1972) and the Prevention of Cruelty to Animals Act (1960)

Know Your Rights to Help Animals under Indian Law

These are the most powerful laws in place which protect feeders and rescuers, and how to use them:

Indian Constitution Section 51A

Section 51A states that it is our constitutional duty to feed and care for animals and "and to have compassion for living creatures". Feeders have a right to feed stray animals and are upholding the constitution by doing so.

Indian Constitution Section 19

Section 19 states that Indian citizens have a right "to practice any profession, or to carry on any occupation [or] trade."

Indian Constitution Section 21

Section 21 states that, "No person shall be deprived of his life or personal liberty except according to procedure established by law." You have the right to choose what you want to do INCLUDING feed and provide medical care to animals, as both are legal.

Indian Constitution Section 503

Section 503 states, "Whoever threatens another with any injury to his person...with intent to cause alarm to that person, or to cause that person to do any act which he is not legally bound to do, or to omit to do any act which that person is legally entitled to do, as the means of avoiding the execution of such threat, commits criminal intimidation". This section safeguard feeders and animal caretakers from intimidation or threats by others.