Prevention of Cruelty to Animals Act, 1960

Question : Can people who feed animals in their areas be stopped by Resident welfare Association, societies, or neighbours under the law?

Answer:

Article 51 A of the Constitutional Law of India, speaks about the duties of every citizen of India one of these duties include having compassion for living creatures. So the animals are protected under the Constitution.

Article 19 of Constitution of India, deals with the right to freedom of expression and in this freedom comes right to profession, occupation, trade and business. Therefore it means that every citizen has the right to occupation and if someone has taken the caring of animals as his occupation, it is legal and he has every right to carry on with his occupation.

Article 21, of constitution of India states the right to personal life and liberty. If someone wants to feed and provide shelter to dogs, he is at liberty to do so. Section 503, of the IPC, 1860 provides that intimidation is criminal offence which is cognisable.

Under the Government of India, Animals Birth Control (Dogs) Rules, 2001,no sterilized dogs can be relocated from their area. As per High Court order, sterilized dogs have to remain in their original areas. If the dog is not sterilized, the society can simply ask the BMC or /AWOs to sterilize and vaccinate the dog but they cannot relocate the dogs. Relocation is not permissible as it would cause more problem such as an increase in dog bites as new dogs will move into the areas who are unfamiliar with residents and therefore more likely to be hostile. Animal Welfare Board of India recently published guidelines regarding approach of members of a society towards pet dogs & stray dogs in the society on website www.awbi.org.

Stray dogs can not be taken away permanently from their territory. As vacuum created will soon filled up by new stray dogs. MCGM picks up stray dogs for sterilisation Antirabies vaccination & release them at the same place after 7-10 days. Guidelines are already published in website www.awbi.org.

On receiving such complaint, MCGM dog squad will pick up such dogs & keep them at an AWO under observation for 10 days. If such dogs do not show any sign of rabies they will be vaccinated & released after 10 days, in the same place from where they were picked up.

Following Laws govern animal related rights:

- The guidelines issued by Animal Welfare Board of India (AWBI) on website www.awbi.org.

- Prevention of Cruelty to Animals Act, 1960

- Animal Birth Control (dogs) Rules – 2001,

- Slaughter House Rules 2001

- The performing Animals

(Registration) Rules 2001

- Maharashtra Animal

preservation Act-1976 (Revised 1995)

And many more....

Source:

www.awbi.org