India has made significant strides in animal protection, evolving from a country where animal welfare was largely a matter of personal compassion to one where laws and judicial precedents uphold the rights of animals as a societal duty. However, there remains much to be done, and awareness is the key to progress.
There has been an increasing norm of cruelty involving animals in the country. This societal rise in animal cruelty reflects a deeper issue, a lack of education, awareness, and empathy. Instances of pets being abandoned during the pandemic, severed heads of cows being found on the street to give a communal angle, strays being poisoned in residential areas, and dogs being beaten to death by some caretaker, have become alarmingly common. These are not isolated incidents but symptoms of a systemic & maybe a societal failure.
The report, State of Pet Homelessness Project, released by pet food company Mars Petcare India reveals that 69.3% of cats and dogs are homeless in India, which accounts for 19% of the global homeless pet population.
Adding to the problem is the disconnect between legal provisions and their execution. Laws may mandate humane practices, but the absence of robust enforcement mechanisms renders them ineffective. For example, sterilization programs for stray animals are designed to control populations humanely, yet improper execution often leads to animals being relocated to unfamiliar areas or subjected to cruel treatment. Grievance redressal systems for animal cruelty cases are often either inaccessible or ineffective, leaving concerned citizens with few avenues for action. And even if, the law finds the guilty as charged, there is no robust system to deter them further. This blog post is not about accusing the system but calling for change because it’s beyond time. Rights, freedom, dignity are not just terms for humans but extend rightfully to these living beings too.
Judiciary‘s take towards compassion
The rights of animals in India have long been a subject of judicial interpretation, but the recent case from the Delhi High Court by the name of Dr Chablani v. Radha Mittal (further referred as the Chablani judgement), marked a monumental shift in the protection of animal welfare, especially stray animals.
The Chablani (2021) judgement aligns with past rulings that emphasize protecting the “life” of animals under Article 21 of the Constitution of India. The Court not only endorsed the right to feed stray animals but also acknowledged that such acts should be carried out in a manner that does not infringe upon others’ rights or cause harm to society. This judgment extended the fundamental duty under Article 51A(g)—”to have compassion for living creatures”—to include the “right to feed stray animals.” And also directed the framing of various guidelines for feeding stray dogs, recognizing citizens’ right to feed community dogs.
EPW’s article calls it rather a part of compassion jurisprudence, this ruling indeed reflects the evolving legal recognition of animals as sentient beings entitled to compassion and protection.
Landmark judgments, such as the Supreme Court’s decision in Animal Welfare Board of India v. Nagaraja (2014), have been instrumental in broadening the scope of animal rights in the country over time. Yet these rulings, while powerful, are of not much utility without a comprehensive legislative reform or effective enforcement. This ruling itself was sidelined by passing the Prevention of Cruelty to Animals (Tamil Nadu Amendment) Act, 2017. So yes, when we say there has been a tussle between the executive & the judiciary over time, it is a fact. But right now what we focus on is to find a middle ground.
Legislature: The Struggle for Stronger Laws
The Prevention of Cruelty to Animals Act, 1960 (further referred to as the PCA Act), remains the sole comprehensive legislation addressing animal welfare. However, its penalties, range from Rs. 10 to Rs. 50 for offences are outdated and insufficient to deter cruelty in modern times.
I used to take care of a stray, when one day the municipal corporation mini truck came and took it away. On protest, they told me they’d drop it back once the process of sterilization was complete. But to my dismay, it never returned. I went to the local office, spoke to multiple truck drivers, and called numerous places, but to no avail.
Under Section 11(1)(i) and 11(1)(j) of the PCA Act, it is illegal to relocate stray animals (also provided under ABC Rules 2023). As per various High Court Orders, all sterilized dogs must remain in their original areas. But how compatible is this on the ground?
“The police are disinterested in filing FIRs for animal cruelty because the penalty according to the PCA Act is still INR 50-100. Even if the matter reaches trial, the worst that the accused would need to do is pay Rs. 100, so they’d rather the accused pay the amount and walk out.,” as reported in the TOI.
Abandoning pet animals is a crime under Sections 3 & 11 of the PCA Act, as also reiterated by the Hon’ble High Court of Uttarakhand in the Alim v State of Uttarakhand (2017) case.
Another legislation that deals with the subject in discussion is the Bharatiya Nyay Sanhita (BNS), which is poised to replace the Indian Penal Code. Section 325 of the BNS emphasizes stricter penalties and criminalizes specific acts of cruelty, including abandonment and neglect, viz.,
Whoever commits mischief by killing, poisoning, maiming or rendering useless any animal shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both.
It still falls short on the part of criminalising sexual offences against animals, which by the way, has become a norm- heinous yet unpunishable. The delay in passing critical legislation like the PCA Amendment Bill (2022) which has been in discussion for years now, highlights a troubling inertia in addressing animal rights comprehensively. The proposed amendments aim to introduce harsher punishments and align Indian laws with global standards, but the delay risks normalizing cruelty as an acceptable aspect of daily life.
Way Forward
India’s laws must evolve to reflect the changing realities of our society. Stronger penalties are only part of the solution. The government must also invest in training enforcement agencies, establishing more accessible grievance systems, and educating citizens about their responsibilities towards animals.
We as humans have a moral responsibility, apart from the legal one of course, where providing and respecting these beings is an integral part of coexisting. Each life matters. This complements the broader discourse on animal rights, highlighting how societal attitudes and laws must work hand in hand to ensure the humane treatment of animals.
Our country has long prided itself on its compassion and respect for all living beings as part of our culture. Stronger legislation, better enforcement, and greater societal awareness are not just idealistic goals—they are the bare minimum required to create a society where animals are treated with the dignity and respect that they deserve.
Personally, I see only two ways which can be sufficient if addressed rightly – by the society, it is to instil kindness & empathy in your children & develop a little more sensitivity in general; and by the state, it is to create deterrence by providing for stringent measures against those who’ve forgotten the lesson on humanity already.
Have more thoughts on this? Please feel free to mention in the comments below.