41datta ANalle
41datta ANalle
41datta ANalle
net/publication/380131717
Animal welfare Laws in India provision for use of animals in experiments and
product testing in science
CITATIONS READS
0 35
1 author:
SEE PROFILE
All content following this page was uploaded by Datta Ashok Nalle on 27 April 2024.
Recent Trends in
Applied Zoology
Dr.D.S.Rathod
Editor
Associate Editors
Dr. K.S.Raut
Mr.Datta Nalle
The views and results expressed in various articles are those of the
authors and not of editors or publisher of the book.
Authors themselves are responsible for any kind of plagiarism found in their
chapters and any related issues found with the book.
ISBN: 978-93-92464-55-3 (First printing edition, May, 2023)
Recent Trends in
Applied Zoology
Editor
Dr.D.S.Rathod
Head
Department of Zoology and Fishery Science,
Rajarshi Shahu Mahavidyalaya (Autonomous),
Associate Editors
Dr. K.S.Raut
Mr.Datta Nalle
Department of Zoology and Fishery Science, Rajarshi Shahu Mahavidyalaya (Autonomous),
Latur- 413531, Maharashtra
Chapter Page
Chapter/Article Title – Name of Authors Number
Chapter 02 Review on Important role of Danio rerio in Animal and human vaccination 7-13
research
Datta Ashok Nalle, Dnyaneshwar S. Rathod
Chapter 03 Effect of Dimethote On Biochemical Changes In Lipid Content During Lethal 14-20
And Sub Lethal Exposure To The Freshwater Fish, Rasbora Daniconius
Lokhande, M.V.1 and Rathod, D.S.2
Chapter-19 Preservation of ancestral DNA of salmon and other aquatic species with the 121-124
aid of biotechnology.
Datta Ashok Nalle, Swati Ganesh Swami*
Chapter -20 Bioinformatics Tools for DNA Barcoding 125-129
Dnyaneshwar S. Rathod, Dhanshree M. Jagtap
Chapter -21 Analysis of Seasonal Variation in Water Quality Parameters of Manjara 130-139
River (Nagzari Dam), Latur city.
Waghamare Shailaja, Mushtakh Hashmi
Chapter -22 Study on Zooplankton Diversity in Manjara River (Nagzari Dam), Latur city. 140-147
Shaikh Hina, Mushtakh Hashmi
Chapter -23 Use of Indian natural therapies for animals, affordable, and Eco- friendly 148-151
Datta Ashok Nalle
Chapter -24 Survey of Latur fish market present status and marketing strategies. 152-155
Marathwada region [M.S]. India
Kakasaheb .S. Raut
Chapter -25 Phytochemical analysis of Adhatoda vasica L. 156-158
Dnyanoba R. Awad, Ankita S. Suryawanshi
Chapter -26 Animal welfare Laws in India provision for use of animals in experiments 159-162
and product testing in science
Datta A.Nalle
Chapter -27 Effective Medicinal Plant in Cancer Treatment 163-167
Dnyaneshwar S. Rathod
Chapter -28 Effective Medication for Varicella and Herpes Zoster Infection. 168-171
Swati Ganesh Swami
Chapter -29 Applications of Biophysics in Animal Research 172-173
Dayanand V. Raje*, Kakasaheb S. Raut**
Chapter -30 Survey of bee species, life cycle and Honey purification process at Chakur 174-177
Dist. Latur
Kakasaheb .S. Raut
Chapter -31 Use of Nanotechnology in fish health and aquaculture management 178-183
Datta A. Nalle, Divya D.Nagapure
Chapter -32 Organic Aquaculture- the Sustainable Practice toward aquaculture 184-191
development and Ecofriendly approaches
Jadhav Amit, Dnyaneshwar S.Rathod
Datta A.Nalle
Department of Zoology and Fishery Science
Rajarshi Shahu Mahavidyalaya, (Autonomous) Latur-413512 (MS)
Introduction:
India, the seventh-largest nation in the world, four of the thirty six, biodiversity hotspots
on earth is located in India, the seventh-largest country in the world. This nation is home to the
Great Indian Rhinoceros and Bengal Tigers, and in recent years, animal welfare and protection
have taken on a significant role. Maintaining livestock is an essential obligation under the
Indian Constitution, as stated by the Prevention of Cruelty to Animals Act of 1960 and the
Wildlife Protection Act of 1972 at the state and federal levels, respectively, as well as laws that
prohibit cow slaughter and protect cattle at the state level.As we check out ancient
documentation we find that Hinduism's founding texts, the Vedas, which date back to the
second millennium BCE, espouse AHIMSA, or nonviolence towards all living things. Many
Hindus practice vegetarianism because they believe that killing an animal violates the ahimsa
principle and results in negative karma. However, Hindu doctrines do not mandate
vegetarianism and do permit the occasional use of animal sacrifice in sacred rituals.[1][2]
Ahimsa is the core principle of Jainism, which was developed in India during the seventh and
fifth centuries [3]. Jains follow strict vegetarianism and many go to considerable measures to
avoid killing insects because they believe that all life is sacred. The third major religion to arise
in India is Buddhism, which likewise promotes ahimsa. Although not as severely as Jainism,
Buddhism promotes vegetarianism, and Many Buddhists engage in the life release method,
which involves buying animals scheduled for slaughter and releasing them into the wild.[1, 4]
Despite Buddhism, Jainism, and Hinduism's impact, meat consumption was remained
widespread in ancient India.[5] Ashoka, the Mauryan king, embraced Buddhism in 262 BCE.
He continued to rule by issuing decrees that were based on the Buddhist teachings of
compassion for all living things. These edicts prohibited animal sacrifice, the castration of
roosters, and the hunting of numerous species in addition to providing medical care for
animals.[6]
The governing criminal code of the country is the IPC 1860 (Indian Penal Code), that
deals with all substantive problems related to criminal law. Sections 428 and 429 of the IPC
prohibit any kind of animal abuse, especially the killing, poisoning, maiming, and uselessing
of animals. The rules in question were made to end unnecessary suffering for animals, and new
regulations of a similar nature are continuously being established in response to evolving
conditions. In addition to specific laws, animals are also protected by fundamental legal
principles such as tort law, constitutional law, and others. When Britain in progress introducing
new pharmaceuticals to the colony in the 1860s, animal testing was first conducted in India.
Colesworthey Grant founded the first Indian Society for the Prevention of Cruelty to Animals
(SPCA) in Calcutta in 1861. After being moved by the suffering of the stray and poor animals
in India. In the 1860s, the Indian SPCAs were successful in promoting anti-cruelty laws, and
"Every citizen of India has a duty to protect and improve the natural environment,
including forests, lakes, rivers, and wildlife, and to have compassion for all living creatures,"
states the Constitution of India of 1960. The Directive Principle of State Policy under Article
48A, which states that the State shall work to maintain the country's forests and wildlife as well
as the environment, adds to this constitutional obligation to protect animals.
The 42nd Amendment, which was adopted in 1976, introduced both of the
aforementioned constitutional clauses. They create the foundation for laws, guidelines, and
state directives that advance animal protection at the Central and State levels even if they are
not immediately enforceable in Indian courts. Furthermore, theyIII. Sources of Law
The Indian Constitution of 1960 states that it is the responsibility of "every citizen of
India to protect and improve the natural environment, including forests, lakes, rivers, and
wildlife, and to have compassion for all living things." This obligation may be upheld in court
by adopting a broad judicial interpretation and bringing it under the purview of the fundamental
right to life and liberty under Article 21, which is upheld in court.
The Constitution, statutes (legislation), customary law, and case laws are the main
sources of law in India. 28 States and 8 Union Territories make up the federal union of India.
While the Union regions are federal regions directly under the control of the Indian central
government, the relevant States are run by their own State governments. While each Indian
State has its own State Legislature, the Parliament of India is the nation's highest legislative
body. Legislation is passed by the Union Territory legislatures for each Union Territory, the
State legislatures for each State, and the Parliament for the entire nation. The Indian
Constitution is the only legal framework that may check and regulate central laws passed by
the Parliament. State laws might be disregarded.
A sizable corpus of auxiliary laws, including as rules, regulations, and by-laws, passed
by the federal, state, and local governments, as well as gramme panchayats (local village
bodies). The legislative, executive, and judicial departments of government in India are each
given distinct powers, as a result of the separation of powers between them. While the
legislative has the primary responsibility for creating laws, the Executive branch may also be
given this authority occasionally to create so-called delegated laws.
Based on documented legal precedents handed down by the British colony, India
adheres to the common law system. As a result, it heavily relies on precedents and case laws
to build law and jurisprudence. Higher courts' rulings, such as those of the Indian Supreme
Court and the High Courts of various States, hold a lot of legal sway and are binding on lesser
courts.
India has a very diverse religious and cultural population. Because of this, certain
personal laws, regional customs, religious texts, and conventions that do not violate the law,
morality, public policy, or the interests of the greater good of society are also acknowledged to
have a legal character and are taken into account by courts in the administration of justice.
According to Article 245 of the Indian Constitution, the Indian Parliament has the
authority to enact laws that apply to all or a portion of India's territory. India's territory consists
of its States, Union Territories, and other areas like enclaves.
The subject matter of laws passed by the Parliament and State Legislatures is defined
in Article 246. The Seventh Schedule's third list has the following subject matter:
The Union List: The Parliament has the exclusive authority to enact laws pertaining to
the issues listed in this list.
The State List: State legislatures have the sole authority to enact legislation pertaining
to the issues listed below.Concurrent list: both the State and the Parliament Regarding the
issues listed in this list, legislatures have the authority to enact legislation. The State and
Concurrent List has been assigned the following items in relation to animal rights. In
accordance with Item 14 of the State List, the States are given the authority to "preserve, protect
and improve stock and prevent animal diseases and enforce veterinary training and practice.The
Concurrent List contains legislation that both the Centre and the States may pass, Item 17:
Prevention of animal cruelty, The 17Bth item is titled "Protection of Wild Animals and Birds."
The Prevention of Cruelty to Animals Act of 1960 contains India's fundamental animal cruelty
statute. The Act's goals are to avoid the needless suffering or agony of animals and to reform
the laws pertaining to the prevention of animal cruelty. According to the Act, a "animal" is any
living being that is not a human.The Animal Welfare Board of India (AWBI), which was
established by the Indian government in compliance with Chapter II of the Act, has some of
the following responsibilities, Advising the central government on changes and regulations to
reduce needless suffering while transporting animals, using them in studies, or keeping them
in captivity, Promotion of monetary aid, foster homes, and animal shelters for elderly animals,
Providing guidance to the government on rules for animal hospitals and medical treatment,
Spreading knowledge and awareness about animal welfare,Providing general guidance to the
federal government on issues related to animal welfare.
However, the Act does not classify as cruelty the castrating and dehorning of cattle in
accordance with authorized procedures, the annihilation of stray dogs in prescribed procedures
using lethal chambers, or the killing of any animal carried out by law. This Section allows for
considerable flexibility.
Animal experimentation is included in Part IV of the Act. The Act does not make it illegal
to experiment on animals to increase our understanding of physiological processes or to learn
how to treat disease, whether it affects people, animals, or plants. It envisions the establishment
of a Central Government Committee for Control and Supervision of Animal Experiments,
which even has the authority to forbid experimentation if necessary.
The topic of performing animals is covered in Chapter five (V). The AWBI must be
contacted before exhibiting or training an animal, according to Section 22. The Section forbids
the use of animals as performers, including monkeys, bears, lions, tigers, panthers, and bulls.
Section 28 of the Act states that it is not an infraction to slaughter an animal in a way that is
Animal cruelty carries a 10 rupee fine, which increases to 50 rupees after the first
conviction. If convicted again within three years of a prior offence, it is punishable by a fine of
Rs. 25, which may be increased to Rs. 100, three months in jail, or both. The use of Phooka or
any other procedure to increase breastfeeding that is harmful to the animal's health is
punishable by a fine of Rs. 1000, up to two years in prison, or both. The government also has
the right to confiscate, destroy, or forfeit the animal.
The Committee for the Purpose of Control and Supervision of Experiments on Animals
(CPCSEA) was established in India in 1960 as a result of an anti-cruelty statute. Based on data
acquired by the CPCSEA during inspections of 467 Indian laboratories, a 2003 report by
Animal Defenders International and the U.K. National Anti-Vivisection Society concluded that
"a deplorable standard of animal care in the majority of facilities inspected." The research
details several incidents of cruelty, indifference, and disregard for accessible non-animal
alternatives. [7] Animals used in religion and entertainment
The traditional bullfighting sport Jallikattu, which was mostly practised in the state of
Tamil Nadu, was outlawed by the Indian Supreme Court. Widespread debate and the 2017 pro-
jallikattu protests resulted from this. Under this pressure, the Tamil Nadu government passed
a law that reinstated the sport at the state level, most likely prompting the Supreme Court to
reimpose its prohibition.[8]
Conclusion
A progressive step towards establishing the foundation for animal protection in India
was made with the 42nd Amendment to the Indian Constitution in 1976. The Prevention of
Cruelty to Animals Act of 1960 is the most noteworthy example of an animal protection law
that was passed as a result of the constitutional provisions defining the obligation to protect
animals. Additionally, Indian courts have established a considerable body of legal precedent
regarding animal law over the years.
To properly establish a strong foundation for animal legislation in India, there is still a
long way to go. The Indian Constitution's provisions for animal protection are still regarded as
principles rather than as binding legislation. The Prevention of Cruelty to Animals Act's
penalties. Simply put, the penalties established in 1960 for animal cruelty are insufficiently
severe to effectively prevent such offences. The law is not strictly enforced, and it has a number
of clauses that give room for culpability to be avoided. In order to give India a stronger animal
protection law, extensive revisions must be made.
References