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 FAQ: Laws pertaining to Animal Care

All issues pertaining to the rights and welfare of animals are legally taken care of by the Prevention of Cruelty to Animals Act (PCA), 1960 and the Rules there under. Section 11(1)(a) of PCA describes overloading animals as a “cruelty” and prohibits any form of human behavior that causes unnecessary pain / suffering to an animal. These include actions like kicking, beating, overloading and torturing.

More specific rules and guidelines with regard to the problem of overloading are laid down under the Prevention of Cruelty to Draught and Pack Animals Rules, (PCDPA), 1965.

Punishable offences under section 11
1) Beating, kicking, overriding, torturing or causing any animal pain or suffering by the owner or any other person (tongawallas and cart-owners). Using any animal for work, when it is wounded or unfit.

2) Maximum load on pack animals

 

Small bullock / buffalo (weighs less than 250 kg.)

100

 

Medium bullock / buffalo (250-350 kg.)

150

 

Large bullock / buffalo (more than 350 kg.)

175

 

Camel

250

 

Pony

70

 

Mule

200

 

Donkey

50

Only four passengers excluding the driver are allowed in a tonga or a total of 325 Kgs.

3) Carrying or transporting animals in such a manner that it causes suffering. Carrying of chickens upside down on cycles, carrying of goats, pigs, cattle with their legs tied in small vehicles. Permissible loading in a truck is only four buffaloes or 40 sheep/goats. Animals in tempos are not allowed.

4) Caging or confining an animal in a cage which does not allow the animal sufficient space for movement. Overcrowding of animals in yards and during transportation for slaughter. This applies to the cages of circus animals and mini zoos as well.

5) Failing to provide pet animals with sufficient food, drink or shelter. Abandoning an animal when old or diseased, keeping it in a short leash and insufficient exercise. Pet-owners are covered under this act.

6) Mutilating an animal: Cutting ears or tails, cutting the beaks of birds or clipping their wings and breaking legs for trasportation.

7) Giving any animal an injurious drug. All dairy owners who give oxytocin injections to their milch cattle can be raided and their dairies shut down.

8) Organising or offering an area for animal fights or baiting of animals (cock or ram fighting, snake and mongoose fights). Penalty: All these offences are punishable with a fine which may extend up to one hundred rupees or with imprisonment for a term, which may extend to three months or with both.

9) Offence: Under section 12, any person using injections of any kind, conducting any operation called Phooka or Doom Dev, to improve lactation of cows or any other milch cattle (e.g. Oxytocin injections). Penalty: The offender may be punished with a fine which may extend to one thousand rupees or with imprisonment, which could extend to two years or with both and the animal confiscated by the government.

10) Offence: Under section 21, it is an offence to exhibit and train performing animals. All madaris, snake charmers, bear and monkey performers are covered under this Section. Animal joyrides are also covered under this Act. Penalty: The offender may be punished with a fine of five hundred rupees or with imprisonment which may extend to three months or with both.

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