A compassionate society reflects a civil population, says Rudranil Dey.
Animal protection laws are a reflection of the compassion and responsibility that a society extends towards animals who are voiceless and depend on humans for survival. Given the repeated accounts of animal cruelty, abandonment and torture, the legal system is responsible for framing robust legislation to safeguard animal welfare. In the case of India, the Constitution recognizes the importance of compassion towards all living creatures, underscoring the principle that animals deserve care, respect and protection.
The Prevention of Cruelty to Animals Act, 1960
The formulation and enactment of the Prevention of Cruelty to Animals Act, 1960, was a landmark and a pillar for prevention of cruelty to animals. Its purpose is to ensure that unnecessary suffering is not inflicted on animals. Beyond physical harm it criminalises withholding any feeding and medical treatment. Despite complaints that it still holds too soft a line on sentencing, it is invaluable as the framework which gives concrete meaning to cruelty, assigns responsibility and provides scope for officials and welfare groups to step in.
Animal Birth Control Rules and Stray Dog Protection
The Stray Animal Birth Control (ABC) Rules of India – both the original rules of 2001 and the amendment of 2023 – offer necessary protection for India’s stray dog population. These rules clearly indicate that stray dogs form a part of human communities and that stray animals cannot be discarded, relocated, or eliminated to prevent overpopulation, with emphasis on science based and humane approaches of sterilisation followed by anti-rabies vaccination and dogs released into their original territories.
Prakriti Hope For Stray Animals and Nature, an organisation based in Bhopal, witnessed the change in public perception. Nasrat Shaikh, the spokesperson for the organisation said, “We are optimistic that the government has been working towards better animal welfare in our nation. People are becoming more aware and are making large efforts to decrease the stray dog population through Animal Birth Control and sterilisation drives. From a practical perspective, we have not had any push back from residents or the local administration, thus we feel these projects are being accepted on a large scale.”
The Role of the Courts
High courts have confirmed the rights of street dogs to exist and also the right of people to feed them in dedicated areas so no public nuisance is created. Harassment of feeders as well as attacks on stray dogs have been declared plainly illegal and the judiciary has reiterated that mere apprehension or discomfort can never justify acts of brutality and local authorities cannot take the law into their hands.
Protecting Pet Dogs
Under the law, it is not just strays but a pet dog also has rights to receive food, shelter, exercise and medical care on the part of its owner. It is unlawful to abandon a pet dog and such actions will be treated as cruelty. Local bodies in most urban cities enforce mandatory pet-registration and vaccination from the point of view of public health and accountability of the owners.
Breeding, Trade and Inhumane Practices
Breeding and selling of dogs is also being scrutinized by law. The current focus seems to be on puppy mills. The dogs are allowed to live in abhorrent conditions and breed purely for monetary gain. Cosmetic procedures such as docking the tail and cropping the ears are also strictly prohibited under the law.
The Animal Welfare Board of India
Turning the above laws into practice is the Animal Welfare Board of India (AWBI), which acts as a guide for government authorities, assists NGOs, establishes feeding protocols, catch-neuter-release (CNR) operations and reports animal abuse. Law enforcement agencies and courts use the recommendations of AWBI quite frequently to implement law and order on the ground. The transformation has been slow, but remarkable, says Nasrat Sheikh: “It has been so many years that we are committed to the protection of stray and abandoned animals. Along with it, we believe in educating the society about the laws on protection and right to life of community dogs. In the initial days, we faced a lot of hardships. But with our hard work and creating awareness amongst people, we feel that the general behaviour towards them is now changing.
Today, the trend is observed to be very positive and many individuals are coming forward to lend their hands towards helping these voiceless souls.”
The Constitutional Foundation
On a more significant level, the Constitution of India underpins the importance of protecting animals. Article 51A (g) enumerates the Fundamental Duty of all citizens to have compassion for living creatures and Article 48A enjoins the State to protect wildlife. Although non-justiciable, judges rely on these constitutional provisions as moral and legal guidelines in judgments related to animals.
Challenges That Remain
Despite all efforts, local knowledge of existing animal welfare legislation is sparse, sterilisation campaigns are understaffed and underfunded; enforcement officers are not well-trained, and penalties of old laws are too insignificant. However, conflicts between communities and the animal welfare proponents can be easily averted by addressing and bridging these divides by providing education at the local level and proper training to law enforcers.
From Laws to Lives
To understand the actual execution of these laws it is important to speak to those working at the ground level. Orpita Ghosh, an animal rescuer, provides the insight. When addressing the issue of pet abandonment, Ghosh leaves little room for doubt, “Bringing a dog into your home is like welcoming a family member. With this comes a responsibility from which one cannot walk away.” She feels pet registration laws must be implemented stringently enough for social and legal repercussions to be as great as those for child abandonment. Her take on the role of NGOs is simple — they are the backbone of animal welfare in India. In rescuing, feeding, housing and medicating animals and providing for the many ways to address animal welfare issues.
Moreover, by conducting advocacy and awareness programs they are working towards a stronger implementation of animal welfare laws in the country. Ghosh’s own style aims at improving a dog’s existing environment rather than transplanting it. Her efforts at providing animals with food, shelter and adequate medical care at regular intervals can make all the difference in the world. Ghosh’s story about a sick stray named Cheetah — who was given little chance of survival and whom she refused to give up on-and his full recovery truly exemplifies, in human terms, what these laws exist to protect — the right of every dog to health and well-being.
Closing Thought
India’s legal framework for safeguarding dogs indicates a society that is indeed evolving in its relationship with animals, slowly but certainly. What stands in between the framework and practice, is awareness, enforcement and the embodiment of a personal concern in action.