Prevention of Cruelty to Animals Act, 1960

Animals, like humans, experience both physical and mental pain. Despite this, many times they are treated as property rather than living beings. Cruelty against animals, whether in the form of overloading, abandonment, experimentation, or for entertainment, has been a persistent concern. 

The Prevention of Cruelty to Animals Act, 1960 (hereinafter, “the Act”) is the principal legislation in India aimed at reducing such cruelty. It not only defines what amounts to cruelty but also prescribes punishments, establishes welfare mechanisms, and creates the statutory Animal Welfare Board of India.

The Act, therefore, forms the cornerstone of animal welfare law in India. Let us examine its scope, important provisions, judicial interpretations, and the amendments proposed to strengthen it.

Background and Purpose of Prevention of Cruelty to Animals Act, 1960

The Act was enacted in 1960, replacing the Prevention of Cruelty to Animals Act, 1890. The earlier law was considered inadequate in addressing modern forms of cruelty and lacked a structured enforcement mechanism.

The preamble of the 1960 Act states its purpose:

“To prevent the infliction of unnecessary pain or suffering on animals and for that purpose to amend the law relating to the prevention of cruelty to animals.”

Thus, the Act serves three main purposes:

• To prescribe duties of persons in charge of animals.
• To prohibit and punish acts of cruelty.
• To promote animal welfare through institutional mechanisms.

Key Definitions under Prevention of Cruelty to Animals Act, 1960

Understanding the Act begins with its definitions under Section 2:

• Animal: Any living creature other than a human being. This includes mammals, birds, reptiles, amphibians, etc.
• Captive Animal: Any animal (other than domestic) that is confined, kept in captivity, or prevented from escape.
• Domestic Animal: Any animal tamed wholly or partly for serving human purposes.
• Owner: Includes not just the legal owner but also any person who has custody or possession of the animal.
• Phooka or Doom Dev: A process of introducing air or any substance into the female organ of a milch animal to increase milk secretion, which is prohibited.

These definitions ensure clarity when determining responsibilities and offences.

Duties of Persons in Charge (Section 3)

Every person who owns or has charge of an animal has a duty to ensure its well-being and to prevent unnecessary pain or suffering. This duty forms the foundation of the Act. It makes animal welfare not only a moral duty but also a legal obligation.

Animal Welfare Board of India (Sections 4–10)

One of the most important contributions of the Act is the establishment of the Animal Welfare Board of India (AWBI) in 1962.

Constitution and Composition

• Established by the Central Government as a statutory body.
• Functions as a body corporate with perpetual succession and power to acquire property and sue in its own name.
• Consists of 28 members, including Members of Parliament, government officials, veterinarians, NGOs, municipal representatives, and experts in animal welfare.

Functions (Section 9)

The Board performs a wide range of duties:

• Advises government on amendments to animal welfare laws.
• Ensures prevention of unnecessary pain during transport, captivity, or slaughter.
• Suggests improvements in vehicles and slaughterhouse design.
• Provides financial assistance to shelters, pinjrapoles, and rescue homes.
• Promotes humane education through lectures, posters, and films.
• Encourages coordination of animal welfare organisations.
  

Thus, the Board acts as the guardian of animal welfare policies in India.

Acts of Cruelty and Their Punishments (Section 11)

The Act provides a comprehensive list of what constitutes cruelty. Some important instances are:

• Beating, kicking, overloading, or torturing an animal.
• Employing a sick, diseased, or old animal for labour.
• Transporting animals in conditions causing pain.
• Keeping animals in cages with insufficient space.
• Denying food, water, or shelter.
• Abandoning animals.
• Mutilating or killing in a cruel manner.
• Organising or participating in animal fights.
• Using animals for shooting matches or baiting.

Punishments

• First offence: Fine of ₹10–₹50.
• Subsequent offence within 3 years: Fine of ₹25–₹100 or imprisonment up to 3 months, or both.

Although these penalties appear outdated and inadequate today, they were significant in 1960 for providing a legal framework.

Prohibition of Phooka or Doom Dev (Section 12)

This traditional but cruel practice of increasing milk secretion is expressly prohibited.

• Punishment: Fine up to ₹1000 or imprisonment up to 2 years, or both.
• The animal subjected to such practice is forfeited to the Government.

Destruction of Suffering Animals (Section 13)

If an animal is so severely injured or diseased that keeping it alive would cause unnecessary suffering, courts, magistrates, or authorised officers can order its humane destruction, usually upon veterinary advice.

Experimentation on Animals (Sections 14–20)

The Act recognises the need for scientific advancement but also seeks to regulate it.

• Permitted experiments: For advancement of knowledge, disease control, or reduction of suffering.
• Supervision: Committee for Control and Supervision of Experiments on Animals (CPCSEA) oversees all experiments.
• Rules include:
  • Registration of experimenters.
  • Mandatory use of anaesthetics.
  • Avoidance of large animals if smaller ones suffice.
  • Humane killing if recovery would cause pain.
• Penalty for violation: Fine up to ₹200.

Performing Animals (Sections 21–27)

Animals are often used for entertainment in circuses, films, or shows.

Key Provisions

• Registration: Trainers and exhibitors must be registered.
• Prohibited animals: Govt. can ban certain animals (e.g., tigers, lions, bears, monkeys).
• Court’s power (Sec 24): May prohibit exhibitions causing unnecessary suffering.
• Offences (Sec 26): Using unregistered animals or obstructing inspection → Fine up to ₹500 or 3 months imprisonment.
• Exemptions (Sec 27): Military/police training, educational exhibitions in zoos or scientific institutions.

Miscellaneous Provisions

• Killing for religious purposes (Sec 28): Exempted from the Act.
  
• Court’s power to deprive ownership (Sec 29): A convicted person can be barred from owning animals.
• Presumption of guilt (Sec 30): If a person possesses animal skin with head, it is presumed to be killed cruelly.
• Search and seizure powers (Secs 32–34): Police and authorised persons can search premises, seize animals, or issue warrants.
• Treatment and care (Sec 35): States can establish infirmaries and pinjrapoles. Owners must bear expenses unless waived.
• Limitation (Sec 36): No prosecution after 3 months from date of offence.

Landmark Judicial Pronouncements

Several important cases have expanded the scope of animal rights under the Act:

Animal Welfare Board of India v. A. Nagaraja (2014)

• Supreme Court banned Jallikattu and bullock-cart races.
• Held that such practices violate Sections 3, 11, and 22 of the Act.
• Recognised that animals have a right to live with dignity under Articles 21 and 51A(g).

Kennel Club of India v. Union of India (2013)

• Concerned with cosmetic surgeries like ear cropping and tail docking of dogs.
• Madras High Court held these amount to cruelty unless permitted by Government rules.
  

Gauri Maulekhi v. Union of India (2010)

• Concerned illegal export of cattle for sacrifice at Nepal’s Gadhimai festival.
• Supreme Court directed Government to prevent such transport and highlighted Section 11(3)(e).
  

PETA v. Union of India (2004)

Bombay High Court held that films using animals must obtain a No Objection Certificate from AWBI.

N.R. Nair v. Union of India (2001)

Supreme Court upheld Government notification banning training/exhibition of tigers, lions, bears, and monkeys.

Amendments and Recent Developments

Prevention of Cruelty to Animals (Amendment) Bill, 2022

To address inadequacies in penalties, the Government proposed amendments in 2022:

• Section 11: Increased fines from ₹10–₹50 to ₹1000–₹5000 for first offence; and for repeat offences, up to ₹10,000 fine or 3 years imprisonment.
• Section 20: Fine raised from ₹200 to ₹5000.

Ongoing Debates

• Critics argue fines may still allow offenders to escape accountability.
• Concerns about adverse impact on traditional communities like snake charmers and circus performers.
• Larger issues like climate change and habitat destruction are not addressed.

Conclusion

The Prevention of Cruelty to Animals Act, 1960 laid the foundation of animal welfare law in India. By defining cruelty, prescribing punishments, creating the Animal Welfare Board, and regulating experiments and performances, the Act marked a progressive step in recognising animals as sentient beings.

However, the low penalties and limited enforcement mechanisms reduced its effectiveness. Judicial interpretations, especially in A. Nagaraja, have expanded its scope by linking animal rights with constitutional principles. The proposed amendments of 2022 are a step forward, but much remains to be done to build a comprehensive framework that balances cultural practices with the humane treatment of animals.