ANIMAL WELFARE IN INDIA: CHALLENGES AND WAY FORWARD

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Picture Courtesy:  THE HINDU

Context

The Supreme Court ordered the Delhi-NCR civic bodies to remove all stray dogs from public spaces to shelters and sterilize and immunize. Activists raised concern as the court order violate the Animal Birth Control Rules, 2023, that mandate sterilization and immunization of stray dogs followed by their release. The situation highlights the complex challenge India faces in balancing the welfare of animals with concerns for public safety and health. 

What is the meaning of Animal Welfare?

People for the Ethical Treatment of Animals (PETA), largest animal rights organization globally, asserts animal welfare aligns with animal rights, advocating that animals are sentient beings with inherent value, not commodities for human use, and demand their respectful treatment and protection from exploitation. 

Animal welfare aligns with the "Five Freedoms" for animals: freedom from hunger and thirst; freedom from discomfort; freedom from pain, injury, and disease; freedom to express normal behaviors; and freedom from fear and distress.

Significance of Animal Welfare  

Ethical and Moral Obligation: Ancient texts and cultural beliefs, like Jainism and Buddhism, promote compassion for all living beings. Mahatma Gandhi stated, "The greatness of a nation and its moral progress can be judged by the way its animals are treated".

Public Health and Safety: Effective animal welfare practices, particularly for stray populations, control diseases like rabies and reduce human-animal conflicts.

Environmental Balance: Protecting animal habitats and ensuring their well-being contributes to overall ecological balance and biodiversity conservation - The "One Health" approach.

Socio-Economic Impact: Animal welfare directly impacts livelihoods in agricultural and livestock sectors.

Provisions related to animal welfare in India

Constitutional Provisions

• Article 48: Directs the State to organize agriculture and animal husbandry on modern and scientific lines, and to preserve and improve breeds, and prohibit the slaughter of cows and calves and other milch and draught cattle.
• Article 48A: Mandates the State to protect and improve the environment and to safeguard forests and wildlife.
• Article 51A(g): Declares it a fundamental duty of every citizen to protect and improve the natural environment, including forests, lakes, rivers, and wildlife, and to have compassion for all living creatures.
• Article 246 (Seventh Schedule): Grants both Parliament and State Legislatures power to legislate on "Prevention of cruelty to animals" (Concurrent List) and "Protection of wild animals and birds" (Concurrent List]. States hold power over livestock and veterinary practice (State List).
• Articles 243G and 243W: Empower Panchayats and Municipalities, respectively, to play a role in animal husbandry, livestock pounds, and prevention of cruelty.

Laws and Acts

The Prevention of Cruelty to Animals (PCA) Act, 1960: Enlists various forms of cruelty, including beating, torturing, overloading, administering injurious drugs, confining animals in inadequate spaces, abandoning, mutilating, or killing cruelly, covers animal fighting and shooting animals released from captivity.

• Prohibits "phooka" or "doom dev" (operations to improve lactation), punishable with a fine up to ₹1,000 or imprisonment up to two years, or both.
• Restricts the exhibition and training of performing animals without registration, prohibits the use of bears, monkeys, tigers, panthers, lions, and bulls as performing animals.
• Provides an exemption for killing animals in a manner required by any community's religion, allowing ritual slaughter.

Wildlife Protection Act (WPA), 1972: Protects specific wild animal species and their habitats, regulates hunting, poaching, and trade of endangered species. It establishes national parks and sanctuaries.  

• It classifies various species of wild animals, birds, and plants into different schedules based on their level of protection. Schedule IV, for example, includes various bird species, and keeping them as pets is considered a violation of the Act.
• The WPA prohibits hunting, trapping, trade, or any other forms of exploitation of wild Indian bird species, with some exceptions.
• Violations of the Act can result in penalties, including fines and imprisonment, depending on the severity of the offense and the schedule the species belongs to.

Environment Protection Act, 1986: Supports wildlife conservation by defining "environment" to include wildlife and prohibiting pollutants harmful to them.

Bharatiya Nyaya Sanhita (BNS) 2023: Replaced the Indian Penal Code (IPC) of 1860. Section 325 of BNS 2023 prescribes a maximum sentence of five years for causing harm to an animal.

Prevention of Cruelty to Animals (Slaughter House) Rules, 2001: Mandates slaughter only in licensed slaughterhouses, with provisions for humane slaughter and pre-slaughter inspection. It prohibits slaughter of pregnant animals or those under three months old.

Performing Animals (Registration) Rules, 2001: Requires registration for performing animals and sets conditions for their care, training, and exhibition, prohibiting certain animals and cruel practices.

Prevention of Cruelty to Animals (Dog Breeding and Marketing) Rules, 2017 & Pet Shop Rules, 2018: Regulate dog breeding establishments and pet shops to ensure humane conditions.

Animal Birth Control (ABC) Rules, 2023: Focusing on sterilization and vaccination of stray dogs for population control and rabies prevention.

Judicial intervention

• Animal Welfare Board of India vs A. Nagaraja (2014): Supreme Court banned traditional animal sports like Jallikattu (bull-taming), bullock cart races, and Kambala (buffalo race), citing their inherent cruelty.
  • Though some states later passed amendments to allow these sports, the legal battle continues. 
• Animal Welfare Board of India & Anr. vs People for Elimination of Stray Troubles & Ors. (2015): Supreme Court upheld the Animal Birth Control (ABC) Rules, 2001 (now 2023), confirming sterilization as the preferred humane method for stray dog population control over culling.

Initiatives taken by state government for animal welfare

• Kerala: Declared human-wildlife conflict a state-specific disaster, empowering faster intervention.
• Chhattisgarh: Launched "Gau Dham" to manage stray cattle in gaushalas.
• Himachal Pradesh: Implements monkey sterilization programs.
• Odisha: Declared snakebite a state-specific disaster.

What are the challenges and issues in animal welfare in India?

Massive Stray Animal Populations: As per 2019 Livestock Census, total population of stray dogs and stray cattle was 203.31 lakh, facing harsh conditions, hunger, and disease. Uncontrolled breeding, due to insufficient sterilization programs, exacerbates the crisis.

Cruelty and Abuse: Over 17,000 cases of animal cruelty were reported in 2021. Despite laws, practices like animal sacrifice, illegal animal trade, and brutal methods of slaughter.

Weak Enforcement and Low Penalties: Conviction rate for animal cruelty remains low, less than 1%. Penalties under the PCA Act are insufficient to deter offenders.

• Inconsistent enforcement, poor coordination among police, forest departments, and municipal bodies, along with slow judicial processes, undermine legal effectiveness. Most animal cruelty offenses are non-cognizable, requiring a magistrate's warrant for arrest.

Inadequate Infrastructure and Veterinary Care: Animal shelters operate beyond capacity. India faces a severe shortage of veterinarians (one per 7,000 animals) and limited veterinary colleges leading to a critical gap in professional treatment.

Cultural and Religious Resistance: Deeply rooted cultural and religious practices, such as Jallikattu and animal sacrifices, clash with animal welfare laws, making enforcement difficult due to strong local and political support.

Human-Animal Conflict (HAC): Expanding human settlements, habitat loss, and encroachment on wildlife corridors force wild animals into human areas. This results in human casualties, livestock loss, and property damage, leading to negative perceptions of wildlife.

• More than 37 lakh cases of dog bites were reported during 2024.

Illegal Trade and Poaching: Illegal wildlife trade and unregulated slaughterhouses continue to harm animals, including endangered species.

• The Wildlife Crime Control Bureau works to combat organized wildlife crime and recorded a total of 2,701 wildlife crime cases from 2020 to 2024.

Farm Animal Welfare Concerns: Intensive farming practices, compromise animal welfare by restricting natural behaviors (e.g., small cages for poultry) and leading to health issues like lameness in dairy cows.

Way forward to improve animal welfare in India

Strengthen Legal Framework and Enforcement: Amend the PCA Act, 1960, to impose harsher penalties for animal cruelty offenses.

• Establish a central agency, and improve coordination among existing bodies (police, forest department, municipal corporations) to streamline animal welfare law enforcement.
• Create specialized courts or fast-track mechanisms for animal cruelty cases to ensure swift justice.

Expand and Improve Animal Welfare Infrastructure: Establish well-equipped animal shelters and rehabilitation centers nationwide, especially in rural areas, ensuring proper medical care, food, and space.

• Increase the number of veterinary colleges and incentivize rural postings to address the shortage of veterinary professionals.

Intensify Public Awareness and Education: Launch sustained, multi-language public awareness campaigns in both urban and rural areas about animal rights, responsible pet ownership, and reporting cruelty.

Efficient Stray Animal Management: Implement Animal Birth Control (ABC) programs, with adequate funding, trained personnel, and widespread reach to all cities and towns.

• Allocate land and funds for gaushalas and implement robust tracking (e.g., microchipping, radium belts for visibility) and penalty systems for owners abandoning cattle.

Address Human-Animal Conflict: Protecting and restoring natural wildlife habitats and corridors to prevent animal encroachment into human settlements.

• Early warning systems to alert communities about wildlife presence.
• Ensure adequate compensation for human casualties, livestock losses, and property damage caused by wildlife.

Promote Ethical Industrial Practices: Regular inspections of livestock farms, slaughterhouses, and industries using animals to ensure compliance with welfare standards.

• Encourage diversified methods of animal protein production, supporting backyard farming models, to reduce dependence on intensive, cruel, industrial practices.
•  India banned the testing of cosmetics on animals in 2013 and also the import of cosmetics tested on animals in 2014, becoming one of the first countries in Asia to do so.

Leverage Technology: Develop a national animal welfare app connecting citizens with authorities. Blockchain for tracking animal movement and medical records. AI-powered cameras to monitor wildlife corridors and prevent human-animal conflicts.

What India can learn from other countries

European Countries like Germany and Switzerland have constitutional provisions granting animals rights and dignity, leading to comprehensive laws covering pets, farm animals, and research animals.

Adopt the UK's "Five Freedoms" framework ensuring animals freedom from hunger, discomfort, pain, fear, and freedom to express natural behaviors.

Learn from Germany's strict pet ownership regulations requiring certification before acquiring pets. Adopt their model of animal welfare officers embedded in local governments with enforcement authority.

Utilize the US model of animal control officers with law enforcement powers. Implement their shelter standards ensuring minimum space requirements and veterinary care for sheltered animals.

Adopt Australia's integrated approach to human-wildlife conflict management using technology and community participation.

Singapore's approval and consumption of lab-grown meat are widely seen as a step towards decreasing dependency on animal food, reducing animal cruelty and promoting animal welfare. 

Conclusion

India's animal welfare commitment, rooted in culture and law, faces challenges like stray animal populations, cruelty, and weak enforcement, requiring strengthened laws, funding, education, and collaboration for a humane future.

Source: THE HINDU