PublicationsProtection of Rights of Animals Used for Consumption

February 8, 20211
8+
Abstract

In developing countries like India, animal cruelty is not a subject on which governments pay much attention. Some cases of animal cruelty have been reported, but more often than not they revolve around cases in which individuals harm street animals or pets. However, if we take butcher shops, dairy farms, poultry farms, aquafarms etc., into consideration, on a daily basis there are lakhs of animals suffering from not only inhumanly painful deaths but also terrible living conditions, trauma and diseases. They are stored and stacked like non-living objects. This is going unnoticed. Currently, there are no existing laws which deal with this problem separately.

The objective of this paper is neither to deter people from eating meat nor to support veganism but to ensure that animals do not suffer heinously for the consumer demand to be met. The Prevention of Cruelty to Animals Act has many provisions to tackle this problem but in the author’s opinion, it contains many loopholes which have been emphasized upon within a new Act called The Protection of Animals for Consumption Act, 2020, which has been drafted by the author for the purpose of this research paper; keeping in mind the existing provisions and guidelines by various legislations to legally back up the need for such new provisions. It has been drafted in a manner which fits the current scenario with stringent guidelines and punishments which will force people to take the treatment of domesticated animals more seriously.

 “It shall be the duty of every citizen of India … to protect and improve the natural environment including forests, lakes, rivers and wildlife, and to have compassion for living creatures.” [1]

Introduction

With gradual urbanization comes boundless development. Different professions have taken over the world in order to improve the standard of living for people. That also includes businesses which provide easy access to food and regular supply to the demands of our ever-increasing population. Meat vendors tend to ignore the basic standard of living that the animals also have a right to, especially as they are captured/ bred and are no longer in their natural habitats. They are kept in enclosures far too small for their size and more often than not they live in their own stool with no place for ventilation.

The simple freedom for them to walk around is a far- fetched dream. Unnatural methods are used to increase their mass, to produce more milk etc.

It is against Article 19(g) to stop one from selling meat and running meat farms as it dictates the right to practice any trade or profession, however, it is also against the law to hurt or torture animals physically or mentally under Section 11 (a) to (o) of the Prevention of Cruelty to Animals, act (referred to as PCA Act for the purpose of this paper and its footnotes).

There is an inconsistency when we consider both together. There are loopholes in PCA Act and the fines for punishment are far too lenient.  It is against the Article 21 of the constitution of India to stop a person from eating meat as a person is entitled to life and liberty, therefore you cannot stop one from consuming meat, eggs and other dairy products in order to prevent such industries from running. The Protection of Animals for Consumption Act, 2020; a new act drafted for the purpose of this paper; therefore, seeks to regulate and strike a balance while eliminating such loopholes by establishing proper guidelines as to how meat shops, farms and vendors must keep the animals and maintain the surroundings.

It is also noteworthy that when any creature is suffering or experiencing trauma, the brain releases certain hormones or chemicals which get collected in the muscles which are then sold for consumption. This meat is unhealthy. Keeping the animals happy and in healthy surroundings thus reduces the risk of selling meat which has the potential to deter physical and mental health.

Objectives:
  • Prevent the animals in meat farms from catching diseases.
  • Improve the animals’ standard of living.
  • Eradicate animal cruelty to a certain extent.
  • Ensure that the meat sold is Chemical-free.
  • Reduce the cases of food poisoning.
PROTECTION OF ANIMALS FOR CONSUMPTION ACT, 2020

This act is meant to improve the treatment of domesticated animals that are used for meat, eggs, milk etc., and for matters connected therewith or ancillary or incidental thereto.

CHAPTER I- Preliminary
  1. Short title, extent and commencement-

(1) This act may be known as the Protection of Animals for Consumption Act, 2020.

(2) It extends to the whole of India, except the State of Jammu and Kashmir.

(3) It shall come into force in a State or Union Territory to which it extends, on such date as the Central Government may, by notification appoint and different dates may be appointed for different provisions of this Act or for different State or Union Territories.

  1. Definitions

In this Act, unless the context otherwise requires for the benefit of the animals-

1)The term “Animals” includes Aquatic, Terrestrial and Aerial or Flightless birds that are captured and consumed for their meat, milk or eggs.

2)  “Board” refers to the board for the Protection of Animals for Consumption Act, 2020.

3) The term “Meat Farm/ farm” refers to meat shops, butchers, pens, chicken houses, fish farms and other enclosures where  hens, ducks, goats, pigs, cows and other animals are stored to obtain meat, eggs, etc.

4) “Inspector” means the official appointed to the particular district concerned.

5) “Vet” means a registered, certified Veterinary Doctor only.

CHAPTER II- Authorities to Be Appointed, Duties and Powers
  1. Appointment of Directors and other officers

(1) The Central Government for the purpose of this Act may appoint a Board of Directors, a body corporate with a registered office which may sue and be sued; constituting of: –

  • Four activists or persons who have been actively engaged in animal welfare work and are well-known humanitarians, holding a law degree with credible work (in the opinion of the central government), who are appointed and are citizens of India and,
  • The Animal Husbandry Commissioner of India, ex officio and,
  • One person to represent such association of veterinary practitioners as in the opinion of the Central Government ought to be represented on the Board, to be elected by that association in the prescribed manner and,
  • One person to represent each of such two municipal corporations as in the opinion of the Central Government ought to be represented on the board, to be elected by each of the said corporations in the prescribed manner and,
  • These directors may have an assistant to aid them and,
  • Each State must have a Deputy Director directly working under the board of directors; who must be activists and,
  • The Deputy Directors may have assistants in order to run regular inspections and take necessary steps to enforce the provisions of act and report to the directors weekly and,
  • Allow these deputy directors to appoint inspectors for the purpose of regular inspection of meat shops, pens, chicken houses, fish farms and other enclosures where goats, pigs, cows and other animals are stored. Inspectors are to be appointed district wise with the consent of the directors and,
  • Other officers and employees as may be necessary and,
  • The Board of Directors may hold office for a period of 6 years and,
  • The Deputy Directors may hold office for a period of 3 years and,
  • The assistants and other employees may hold office depending upon the discretion of the directors or deputy director and,
  • The Board shall receive allowances subject to the approval from and by the Central Government.

(2) In the performance of their duties and exercise of their powers by or under this act, the Directors shall be subject to such general or special directions, as the Central Government may, from time to time give; in the interest of animals.

  1. Duties of the Board of Directors-

It shall be the duty of the Board to-

(a) Ensure that the Deputy Directors run inspections at least once in a month.

(b) Review the reports and status of the meat farms and ensure that they are subject to the provisions of this act by involving the police forces.

(c) Assess and solve problems faced by them and to amend and include new provisions in order to tackle problems related to the animals and meat farms that were not foreseen.

(d) Advice the State Government in cases where it is necessary to take action regarding a particular issue.

(e) Bring to the notice of the Central Government in case of any malpractice or in cases where a new deputy must be appointed with proof.

(f) Bring to the notice of the Central Government in case of malpractice of a director/s with proof.

  1. Power to delegate-

(a) The directors with the consent of the State Government in writing may delegate some of their work and powers to the subordinates provided it is in the interest of the animals.

(b) The delegation if subjected to changes by the State Government must be complied with strictly.

(c) The subordinate to whom the power/duty has been delegated must use the power strictly  for the benefit of the animals and complete the work and duty. Such power/work may not be re-delegated.

  1. Procedure to be followed by the board-

(a) The Board of Directors must conduct a meeting; for a period deemed necessary by the directors, every 3 months with all the Deputy Directors in order to assess and evaluate all the challenges faced by the various states and vote on solutions.

(b) In situations which require the consent, aid and opinion of the Central Government or the State Government, they must approach the concerned authority and then proceed as directed.

CHAPTER III- Protection of Aerial or Flightless birds.
  1. Bird Enclosures[2]

(a) Birds must be kept in a coop with a roof capable of withstanding harsh weather.

(b) Coops must have a firm ground and cannot have a grill or fence.

(c) Walls of the coop must be made out of metal meshes in order to ensure ventilation.

(d) In a Coop, per one and a half square feet, one bird is allowed and the number of birds per coop must be calculated accordingly.

(e) One coop cannot be placed on top of the other unless there is a wooden plank separating them.

(f) The width of a coop must not be less than 6 feet.

(g) A coop may be divided once every 8 feet and nothing less.

(h) The coops are subject to thorough cleaning every alternate day.

  • Birds need to have enough space to move around.
  • Be safe from bad weather conditions and animals that may hunt them.
  • Section 11 E of The Prevention of Cruelty to animals Act 1960 contains a loophole as it does not define how much height, length, breadth is considered as a minimal limit below which violates the section.
  1. Feed and water for the birds[3]

The birds are to be fed according to the number of times prescribed by the vet and must stick to the feed suggested by the vet.

  • Each species will have a certain number of times and a specific type of feed that has to be given. Hence, it must be regulated according to the vet’s discretion and this must be registered and must be shown to the inspectors.
  • The PCA Act says that it is an offence to not feed animals sufficiently, however, it did not mention anything about the appropriate feed or quality for the same.
  1. Injection of chemical substances-

Injection of chemical substances in order to increase the mass of the bird is strictly forbidden. Any injections to be given is to be recorded and given only by the Vet.

  • Animals are injected with chemicals such as growth hormones in order to unnaturally increase the mass so more meat can be sold which mounts up to cruelty.[4]
  1. Timely checkups by Veterinary Doctors-

The birds in coops are to be examined and treated by a vet once every month.

  • If a single bird catches a disease, the entire farm will fall sick. This must be prevented as this is negligence and cruelty. This will affect the business as well.
  1. Sick birds are not to be killed or dumped

The birds in coops which are ill are to be treated and taken care of and not be killed.[5]

The burden of proof lies on the owner of the coop and certification of the same with the registered vet is compulsory.

  • Animals have the right to be treated, especially if they are being kept in cages for the purpose of business.[6]
  1. Transporting of Birds[7]

(a) For the transport of birds from one place to another, the vehicles must not be small and the birds must not be cramped together. The vehicle must have a sheet covering the top to ensure the birds don’t get exposed to too much sunlight or rain.

(b) Transportation on a day with a temperature above 25 degree Celsius is prohibited.[8]

(c) Any destination surpassing a 3-hour limit cannot be allowed.

(d) The vehicle must be sterilized and cleaned before and after transporting.

Space requirement of containers used for transporting birds. [9]

Sr no Kind of Poultry Minimum Floor Space in Centimeter Square. Dimension
Length Width Height Number in a container
1 Month old chickens 75 60 30 18 24
2 3 months old chickens 230 55 50 35 12
3 Adult Stock ( Excluding Geese and turkeys ) 480 115 50 45 12
4 Geese and Turkeys 900

1300

1900

120

75

55

75

35

35

75

75

75

Young- 10

Growing- 2

Grown- 1

5 Chicks      – 60 45 12 80
6 Poult      – 60 45 12 60
  • The PCA Act says that Animals are not to be subjected to unnecessary pain and suffering while transporting but it does not state any guidelines which must be followed to deter the same.
  1. Storing of birds at meat shops[10]

(a) The birds are to be kept in Coops according to the provisions of section 7 with an exception of the cage being not less than 4 feet instead of 6 feet in regard to the width.

(b) The birds are to be killed within 4 days and the storing of birds is strictly not allowed.

  • The meat shops dictate the quality of meat as the last few days before the animal is killed, it must be kept safe, healthy and happy to give healthy meat-free of hormones released due to stress or anxiety
  1. Cleanliness of meat shops, pens and coops-

(a) The coops and pens are to be maintained and are all subject to inspection without notice.

(b) The area used to kill the birds must be clean and blood-free at all times to avoid infections.

  • This is to ensure that the animals are safe from diseases and the meat is healthy. [11]
  1. Temperatures-

(a) Necessary precautions while construction itself are to be taken to ensure that the birds are not subjected to bad/harsh temperatures and must be kept in appropriate conditions. There must be a use of appropriate material or use of other techniques or technology that is necessary to maintain and withstand weather conditions.

(b) Existing farms must make necessary changes.

  • An animal living in the wild or on its own in urbanized areas can find a place to live with suitable temperatures. The act of keeping them in cages will deny them that right and thus must be taken care of by the owner.
  • Section 11(A) of the PCA Act deems any act which causes unnecessary suffering to animals as an offence. The non-usage of the right materials and subjecting animals to harsh conditions amounts to unnecessary suffering for a reason as trivial as business.
  1. Inspection-

Such coops, meat shops etc. are subject to inspection not only by the inspectors but also the public and they are to be allowed to inspect the area and report to the inspectors or concerned authorities directly.

CHAPTER VI- Protection of Terrestrial Animals
  1. Storing of animals[12][13]

(a) Any terrestrial animal / animals which come under the category of cattle must be kept in open meadows. There must be sheds under which the animals may take shelter at their will.

(b) In a space of 13 square feet, not more than one animal is allowed to be stored, the number of animals that can be stored is to be calculated accordingly.

(c) There must be a surface which is leveled with soil.

(d) The area must not contain stale/ stagnant water or substances which can lead to discomfort or diseases/ infections.

(e) The shed must contain a roof which can withstand harsh conditions.

(f) The shed and the meadow are subject to maintenance every alternate day in the least. This includes cleaning of dung, dried leaves etc.

(g) Animals are not to be tied except when they are being cleaned specifically for a reason or if they are to be taken and slaughtered in a couple of hours.

(h) Area in which they are stored cannot be used for slaughtering.

(i) The meadow for pregnant animals is to be separate.

(j) The meadow as a whole can be enclosed by meshes or fencing or whatever the owner deems fit for the benefit and safety of the animals.

  • Animals need to have enough space to move around. As the PCA Act does not provide separate guidelines for different animals with regard to how much space is necessary, the section has been drafted.
  • The Cow Protection Bill 2017 prohibits people from subjecting Cows to any form of suffering and requires people to maintain a proper shelter for them and maintain hygiene. It also completely banned the slaughter of cows.
  • Be safe from bad weather conditions.
  • Even though some animals might be bigger than the other, they require more or less of the same space to remain sane.
  1. Offspring and their mothers-

(a) The offspring are not to be separated from the mothers unless the mother is to be milked.

(b) The offspring is to be fed by the mother.

(c) The mothers with offspring are to be kept in a separate meadow.

  • No human has the right to snatch away another living being’s offspring. It causes anxiety and depression[14]
  1. Artificial Insemination-

(a)Artificial insemination is strictly forbidden.

(b)Forceful, unnatural breeding is strictly forbidden.

  • It is inhumane to artificially impregnate an animal especially for the purpose of business. It inflicts pain and confusion on the animals. That amounts to suffering under section 11(A) of the PCA, Act.
  1. Injection of Chemicals-

(a) Animals are not allowed to be injected with chemicals for the purpose of making them fertile or gain any mass.

(b) Anything being injected must be for medical reasons and by a registered vet/s.

  • Animals are injected with chemicals such as growth hormones in order to unnaturally increase the mass so more meat can be sold which mounts up to cruelty. [15]
  1. Timely Checkups and dumping of animals-

A vet must check all animals and treat the sick ones and follow up every two months. Any animal found to be ill needs to be treated and not killed or let out on the streets to die.[16]

The burden of proof in case of death lies on the owner and the same must be certified by the registered vet.

  • Animals have the right to be treated, especially if they are being kept in cages for the purpose of business.
  1. Transportation of Animals-

(a) The vehicles in which the animals are to be transported must not be cramped in ways which would cause discomfort for animals.

Space requirement for Cattle while being transported in commonly sized road vehicles.[17]

Vehicle Size Length x Width Square Meter Floor Area
of the vehicle
in Square Meter (Sq.mtr.)
                                                Number of Cattle
Cattle weighing upto
200 Kg (1 Sq.mtr. space per cattle)
Cattle weighing 200-300 Kg (1.20 Sq.mtr space per cattle) Cattle weighing 300-400Kg

(1.40 Sq.mtr. space per cattle)

Cattle weighing above 400Kg (2.0 Sq.mtr space per cattle)
6.9 x 2.4

5.6 X 2.3

4.16X1.9

2.9X1.89

16.56

12.88

7.904

5.481

16

12

8

5

14

10

6

4

12

8

6

4

8

6

4

2

(b) Destinations more than one-two hours away are forbidden for the purpose of transportation of live animals.

(c) The vehicle should have the roof covered with material fit to withstand sunlight and rain

  • Based on the Prevention of Animal Cruelty Act, animals are not allowed to be transported in ways which will subject them to unnecessary pain and suffering as mentioned under Section 11(d)
  1. Temperature[18]

 The temperature of the meadow, shed or meat shop must be appropriate and controlled especially during summers. The temperature must be maintained between 25-30 degree Celsius. Necessary precautions must be taken while construction and usage of appropriate and quality material or using other techniques or technology that is deemed necessary by authorities.

  • An animal living in the wild or on its own in urbanized areas can find a place to live with suitable temperatures. The act of keeping them in cages will deny them that right and thus must be taken care of by the owner.
  1. Inspection-

Such Meadows must be open to inspection not just to the inspectors but also to the public. The public may report to the inspectors or concerned authorities directly.

  • The allowance of the public to inspect at any time ensures that the business will run in accordance with the rules.
  1. Cleanliness-

The meadows and sheds are to be cleaned and washed every alternate day at least, in order to maintain a clean atmosphere which includes taking care of the smell and stuffiness in the sheds and meadows. The animals must be washed as and when necessary.

  • This prevents diseases and ensures that the meat is safe for consumption.
  • It prevents an animal from suffering unnecessarily.[19]
  1. Slaughtering-

The meadows must have separate slaughterhouses which are also maintained and kept clean. No animal is allowed to be stored in such an area.

  • No animal must watch another being slaughtered. It causes pain and mental suffering which is forbidden under section 11(a) of the Prevention of the cruelty of animals, act.
  1. Meat Shops/ butchers shops

(a) Owners/employees must not keep animals with them for more than two days. The animals must not be stored at or near the area of slaughter. The animals must be provided with a shed which is spacious, clean and in which the animals may have enough area to walk to a certain extent.

(b) The entire vicinity must be kept blood free and must not have flies swarming around.

  • The meat shops dictate the quality of meat as the last few days before the animal is killed, it must be kept safe, healthy and happy to give good meat. This prevents an animal from suffering from anxiety and trauma.
  1. Feed and water[20]

Timely feed and freshwater must be available for the animals at all times.

CHAPTER V- Protection of Aquatic Animals  
  1. Storage of fish[21]

(a) In an aquatic farm, the number of that particular species per tank and the number of gallons must be verified and recommended by the vet.

(b) The farms must contain clean and fresh water. The tanks must have filters, oxygen tanks and other necessary equipment which are regularly checked and inspected.

(c) Water must be transparent and clean.

(d) The Farms must have aquatic plants in order to ensure the levels of oxygen are naturally maintained.

(e) The aquafarms must have adequate sunlight.

  • Animals need to have enough space to move around.
  • Be safe from bad weather conditions.
  1. Feed-

The Aquatic Animal must be fed timely according to the size, breed and recommended intervals by certified, registered veterinary doctors. What must be fed is also to be complied by in accordance with a Vet’s advice.

  • In Accordance with 11(H) of PCA Act.
  1. Temperature-

The temperature of the water of the aquafarm must be similar to the temperature of their natural habitat.

  • Aquatic animals can survive only at certain temperatures and must be grown in suitable conditions. Not maintaining appropriate conditions will subject the aquatic animal to suffering which is forbidden under 11(A) of the PCA Act.
  • Aquatic Animals living in natural water resources can find a place to live with suitable temperatures. The act of keeping them in cages/ aquariums will deny them that right and thus must be taken care of by the owner.
  1. Usage of Chemicals-

(a)The usage of any chemical substances other than chemicals that are harmless and used to battle fungal infections or algae cannot be used unless it has been authorized to the certified Veterinary Doctor and it has to be recorded.

(b) No hormones or chemicals are to be given to increase the mass of the aquatic animal.

  • Animals are subjected to chemicals such as growth hormones in order to unnaturally increase the mass so more meat can be sold which mounts up to cruelty which is prohibited under Section 11(A) of the PCA, Act.
  1. Timely Checkups by Veterinary Doctors –

A certified veterinary doctor must check all animals and treat the sick ones and follow up every month specially trained to handle marine creatures. Animals with diseases must be treated and not killed.[22]

The burden of proof in case of death lies on the owner and must be certified by the vet.

  • Animals have the right to be treated, especially if they are being kept in cages for the purpose of business.
  • Once a single aquatic animal falls sick, the entire tank will get contaminated and this will affect the fish as well as the business.
  1. Transportation of Aquatic Animals.

(a) Ensure the quality of water is not compromised and that the health status of the animal is not altered during transportation.

(b) All necessary measures are taken before transportation if change of water is necessary due to unforeseen circumstances.

(c) Mortality is recorded.

(d) Temperature of the water in these transport containers is maintained.

(e) The number of fish per container must be specified and recorded by the vet before transportation.

  1. Inspection-

 These farms are subject to inspection not only by the inspectors but also the public and they are to be allowed to inspect the area and report to the inspectors or concerned authorities directly.

  • The allowance of the public to inspect at any time ensures that the business will run in accordance with the rules.
  1. The manner in which the Animals is to be killed-

 No animal can be skinned nor have any body part amputated before being killed. Animals shall not suffer while being killed. It must be quick and painless.

  • Pain and suffering are forbidden under section 11(A) of the Prevention of the cruelty of animals, act.
  1. Non-Compliance-

Non-compliance with the provisions will lead to the shutting down of the meat farms. The remaining animals are to be sold off at a very low price to meat vendors or other farms and no more animals are to be bred/ bought/ kept again. The existing farms must make necessary changes to comply by the act and a heavy fine of not less than 80,000 and imprisonment up to 5 years [23] which is cognizable and non-bailable.

CHAPTER VI- MISCELLANEOUS[24]
  1. Issue of certificate before transportation
  2. A valid certificate issued by an officer or Animal Welfare Organization duly recognized and authorized for this purpose by the deputy directors who are the representatives of the state or the Central Government shall be procured by any person making transport of any animal before transportation of such animal verifying that all the relevant Central and State Acts, rules and orders pertaining to the said animals including the rules relating to transport of such animals have been duly complied with and that the animal is not being transported for any purpose contrary to the provision of any law.
  3.  In the absence of such certificate, the carrier shall refuse to accept the consignment for transport.

Explanation : For the purpose of this rule the certificate shall be issued in such form as may be specified for this purpose by the Central Government.

  1. Cancellation of permit or authorization for transport

(1) In the event of contravention or non-compliance of any of the rules contained in these rule for transport of animals, if it is pointed out in writing by any officer or persons or Animal Welfare Organizations authorized for this purpose by the Board or the Central Government, then, any permit or authorization issued for such transport shall be immediately cancelled by the concerned authority and it shall be the duty of the police to stop the further transport even from the intermediary station and proceed against the said offenders and deal with the animal in accordance with the law.

(2) The custody of the animals immediately after unloading from the rail wagons, truck or any other vehicle shall be given to the authorized Animal Welfare Organization if available, till the competent authority or the magistrate having jurisdiction decides about their care and upkeep.

CONCLUSION

The heart and soul of this paper lie in the spirit of striking a balance between the treatment of animals and meeting consumer demand. The maintenance of Meat farms, Dairy farms etc., in accordance to this Act, will hike up the expense to run such a business and may no longer be a business that can be run even by the lower-middle class. But for the sake of earning money and keeping a business running, other living creatures need not suffer. If a business of this nature cannot maintain basic standards, it should shut down as it directly affects the lives of many animals. Additionally, the quality of meat sold will be much better and will reduce the risk of many food-related health problems. The PCA Act has punishments which are negligible and which in no way do justice to the suffering of the animals. If the same treatment was inflicted upon Human Beings, it would become a Human Rights issue. Animals deserve better treatment. By a judgment of a Division Bench, the Supreme Court on May 7, 2014 (2014) 7 SCC 547 held:[25]

“Article 21 of the Constitution, while safeguarding the rights of humans, protects life and the word “life” has been given an expanded definition and any disturbance from the basic environment which includes all forms of life, fall within the meaning of Article 21 of the Constitution.

So far as animals are concerned, in our view, “life” means something more than mere survival or existence or instrumental value for human beings, but to lead a life with some intrinsic worth, honour and dignity.”

References

[1] The Fundamental duties – Part IVA – Art. 51A (g) of The Constitution of India.

[2] Section 11(E) of  PCA Act states that no animal must be kept in cages with insufficient height, length or breadth that prevents reasonable movement.

[3] 11(H) Of PCA Act says that it is an offence if the owner of [any animal] fails to provide such animal with sufficient food, drink or shelter

[4] The PCA Act , in Section 11(C) states that it is an offence to willfully and unreasonably administer any injurious drug or injurious substance to[any animal] or willfully and unreasonably causes or attempt to cause any such drug or substance to be taken by [any animal].

[5] Section 429 of the Indian Penal Code states that the punishment for killing, poisoning, maiming, or rendering useless any animal or animals of the value of fifty rupees or upwards (which automatically includes all cattle/beasts of burden) are simple or rigorous imprisonment for up to five years, or with a fine, or with both.

[6] 11(J) of the PCA Act says whoever willfully permits any animal, of which he is the owner, to go at large in any street while the animal is affected with contagious or infectious disease or, without reasonable excuse permits any diseased or disabled animal, of which he is the owner, to die in any street is committing an offence.

[7] Based on the PCA Act, animals are not allowed to be transported in ways which will subject them to unnecessary pain and suffering as mentioned under Section 11(D)

[8] Section 77 of the Transport of Animals(Amendment) Rules, 2001 specifies that transportation of birds on a day with temperature above 25 degree Celsius and below 15 degree Celsius is prohibited. It also stresses that the vehicle must be sterilised and maintained before the birds are placed in them.

[9] Derived from Section 83 (D) of The Transport Of Animals (Amendment) Rules, 2001

[10] Made in furtherance of section 11 (E) and 11 (F) of the PCA Act.

[11] In compliance with 11(A) of the PCA, Act.

[12] This is in accordance with Section 11( e) and 11(f) of the PCA Act.

[13] The Cow Protection Bill 2017 was brought into force for the total ban in any form of injury or slaughter or enforced starvation of the breed of Indian cow (Bos Indicus.) It also emphasises upon  health compliant hygienic comfortable shelters for Indian Cow.

[14] This is violating Section 11 (A) of PCA Act.

[15] In Accordance to  Section 11(C) of PCA Act.

[16] Section 429 of the Indian Penal Code states that the punishment for killing, poisoning, maiming, or rendering useless any animal or animals of the value of fifty rupees or upwards (which automatically includes all cattle/beasts of burden) are simple or rigorous imprisonment for up to five years, or with a fine, or with both.

[17] Derived from the Transport of Animals Amendment Rules 2008.

[18] Section 11 (A) of the PCA Act says that subjecting an animals to unnecessary suffering is an offence

[19] In accordance with Section 11(A) of the PCA Act.

[20] In Accordance with section 11(H) of PCA Act.

[21] In accordance with 11(A) and 11(E) of the PCA Act.

[22] Section 429 of the Indian Penal Code states that the punishment for killing, poisoning, maiming, or rendering useless any animal or animals of the value of fifty rupees or upwards (which automatically includes all cattle/beasts of burden) are simple or rigorous imprisonment for up to five years, or with a fine, or with both.

[23] Section 429 of the Indian Penal Code states that the punishment for killing, poisoning, maiming, or rendering useless any animal or animals of the value of fifty rupees or upwards (which automatically includes all cattle/beasts of burden) are simple or rigorous imprisonment for up to five years, or with a fine, or with both.

[24] Directly derived from Chapter IX Of the Transport Of Animals( Amendment) Rules, 2001

[25]http://www.nja.nic.in/Concluded_Programmes/2018-19/P1102_PPTs/2.Evolution%20of%20Animal%20Cruelty%20Law%20in%20India.pdf

AUTHOR DETAILS
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Author: Nitya Tadakamalla

Designation: 5th year law candidate, Symbiosis Law School, Hyderabad

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Legal Maxim (March 1, 2021) Protection of Rights of Animals Used for Consumption. Retrieved from https://www.legalmaxim.in/protection-of-rights-of-animals-used-for-consumption/.
Protection of Rights of Animals Used for Consumption.” Legal Maxim – March 1, 2021, https://www.legalmaxim.in/protection-of-rights-of-animals-used-for-consumption/
Legal Maxim February 8, 2021 Protection of Rights of Animals Used for Consumption., viewed March 1, 2021,<https://www.legalmaxim.in/protection-of-rights-of-animals-used-for-consumption/>
Legal Maxim – Protection of Rights of Animals Used for Consumption. [Internet]. [Accessed March 1, 2021]. Available from: https://www.legalmaxim.in/protection-of-rights-of-animals-used-for-consumption/
Protection of Rights of Animals Used for Consumption.” Legal Maxim – Accessed March 1, 2021. https://www.legalmaxim.in/protection-of-rights-of-animals-used-for-consumption/
Protection of Rights of Animals Used for Consumption.” Legal Maxim [Online]. Available: https://www.legalmaxim.in/protection-of-rights-of-animals-used-for-consumption/. [Accessed: March 1, 2021]
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Shashank Rao
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Amazing paper

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