Criminalisation of Animal Abuse

By  Ashutosh Gupta



“The greatness of a nation can be judge by the way its animals are treated.”                                                                                                                                                              – Mahatma Gandhi

 In Mahabharata and Ramayana gods have presented themselves as animals in various avatars, used animals as companions like Sheshanag as Vishnu’s bed and protector, little mouse as Ganesha’s rides. Animals have been in our culture from the very beginning but even after all that worshipping, India is facing large no. of animal cruelty cases everyday. In every 60 seconds, an animal gets abused. Most of the people in the country condones animal cruelty. Some people intentionally kills animals for personal gains. Animal abuse happens in general public and also  behind close doors and in factory farms that aren’t open to public .


  • Kerala case – On 27th may, a Pregnant Elephant ate a pineapple which was stuffed with firecrackers by some locals due to which elephant suffers painful death.
  • Himachal Pradesh case – On 26th may, where some people allegedly made a Cow eat wheat with crackers which leads to miscreant blow off portion of Cow’s mouth.
  • Madhya Pradesh case – On 24th june, where a guy shot a stray Dog with a rifle.

I have mentioned some of the cases which got highlighted but there are large no. of cases of animal cruelty happening everyday and no one taking  notice of  it.



Prevention Of Cruelty To Animals Act (1960)

  • Section 11- Treating animals cruelly-: If any person-:maim any animal or kills any animal by using the method of strychnine injections in the body parts unnecessarily in cruel manner (cognizable offence) (N) whoever keeps, organises, uses or acts in the management of, any place for animal fighting or for the purpose of baiting any animal or permits or offers any place to be so used (cognizable offence). If any animal is subjected to any form of cruelty provided under section 11 (a) to (o), the offender (in the case of first offence) will have to pay fine which shall extend to Rs.50 and if it is the case of subsequent offence committed within three years of the previous offence, he will be fined with not less than Rs. 25 which may extend to 100 rupees  or with the imprisonment for a term which may extend to three months or with both.
  • Section 12whosoever person performs upon any cow or other milch animal the operation called phooka or any other operation, which is injurious to health. (Cognizable offence) shall be punishable with the fine which may extend maximum to one thousand rupees, or with imprisonment for a term of  two years, or with both.

Wildlife Protection Act, 1972

  • Section 9- Capturing ,trapping, poisoning of any wild animal, disturbing or destroying eggs or nests of birds and reptiles or even  attempting to do so is Punishable by Law, with a fine of up to Rs. Twenty-five thousand or imprisonment of  up to Seven years or both.
  • Section 38j- Teasing, feeding or disturbing the animals in zoo and littering the zoo premises is an offence punishable by a fine of Twenty-five thousand or imprisonment of up to three years or both.

 Indian Penal Code(1860)

  • Section 428– if any of the person commits the mischief  by poisoning, killing, maiming or rendering useless any animal or animals of the value of 10 or upwards, shall be punished with imprisonment of either description for a term which may extend to 2 years, or with fine, or with both.
  • Section 429- if any person commits mis­chief by killing, poisoning, maiming or rendering useless, any animal of the value of 50 rupees or upwards, shall be punished with imprisonment for a term of  5 years, or with fine, or with both.

 Constitution Of India

  • Directive Principle Of State Policy

Article 48The Constitution of india requires the State to “take steps for preserving and improving the breeds, and prohibiting the slaughter, of cows and calves in other milch and draught cattle.”

Article 48A- The Constitution of india places  duty on state to “endeavour to protect and improve the environment and to safeguard the forests and Wild life of the country.”

  • Fundamental Duties

Article 51A(g)- The constitution  places a duty on each and every citizen to “improve and protect the natural environment including lakes, rivers,forest and wild life, and to have compassion for living creatures.”


  • Animal Welfare Board Of India
  • 2018-2019 –10 crore for the welfare of animals.
  • 2019-2020 – Budget increases by 2 crore which is Rs. 12 crore.
  • 2020-2021- The Chairman of AWBI request for enhancement of budget from 12.00 crore to Rs.50.00 crore for this financial year.
  • Integrated Development Of Wildlife Habitats(IDWH)
  • The budget of the union for the year 2020 for IDWH is increased from 493.57 crore last year to Rs. 532 crore. 


Now the question is, Did this funds reaches to every place in India for welfare of animal?



CRWC was established on August 2002 with a primary aim to stablise displaced animals and release them back into the wild, as close to the site of rescue as possible, following necessary treatment.

CWRC IS THE ONE AND ONLY FACILITY IN INDIA where stray and injured wild animals of several species are raised as well as treated by humans and subsequently returned to the wildlife.


Now the question arises that in such a big country like India there is only 1 rehabilitation centre for large number of animal species?

But the harsh reality is “yes” and due to which many animals not get proper treatment and subsequently dies.



  • There are rules and laws against the cruelty of animals, but are rarely followed. There is an urgent need to implement effectively the laws made for the protection of animals.
  • There is also a need to have stricter laws for those who harm animals for the termination of animal cruelty.
  • A police force, specialised in animal protection, should actively work to keep check on crime against animals.
  • We all need to develop an emotional attitude towards animals to safeguard the lives of the animals.
  • At last, I want to request all to take a photo or capture a video if you witness any incident of cruelty against animals and then please report it to police.


Few days back a video surfaced on social media of a Women working for Team of PETA ADOPTION DELHI was brutally beaten up by locals in Ranibagh area, New Delhi when they were trying to rescue stray dogs for providing them shelter. So where is humanity?

Supreme Court Cases

  • Animal welfare board of India v. Nagaraja and Ors

Supreme court held that Article 21 is inter alia extended to animals (right          to life) of the Indian Constitution, conferring the right to live a life of instrinct worth, honor,  and dignity with the aim of preventing animals from arbitrarily and unlawfully being deprived of their rights.

  • Jallikattu festival case

The decision of Supreme Court banning the bull-taming festival ‘jallikattu’ can be described as a watershed in terms of animal’s rights. Events like ‘jallikattu’ apparently caused pain and stress to the bulls, showed how the bulls were physically and mentally tortured for human pleasure and enjoyment.

  • November 18, 2015: Supreme Court affirms culling of stray dogs illegal, We cannot allow ambiguous law, paltry fines, and repeated institutional deficiencies to fail our animals.


Disclaimer: The author bears sole responsibility for the accuracy of facts, opinions or view stated in the present blog.

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Written by Team Lexopedia


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