MAW-003

Animal Welfare Laws,

Policies and Organizations

Volume 1
Block /Unit Title Page No.

BLOCK 1 ANIMAL WELFARE LAWS 5

Unit 1 Animal Welfare Laws - An Overview 7
Unit 2 Prevention of Cruelty to Animals Act, 1960 23
Unit 3 Wildlife (Protection) Act, 1972 42
Unit 4 Prevention and Control of Infectious and 60
Contagious Diseases in Animals Act, 2009
BLOCK 2 LEGAL PROCEDURES, JURISPRUDENCE 75
AND ENFORCEMENT
Unit 5 Legal Procedures in Animal Welfare 77
Unit 6 Veterinary Jurisprudence – An Overview 88
Unit 7 Animal Welfare Laws and Enforcement 104
Agencies
Unit 8 Enforcement of Animal Welfare Laws – 123
Overloading, Transportation and Slaughter
BLOCK 3 BIODIVERSITY, CONSERVATION AND 141
INTERNATIONAL TREATIES
Unit 9 Biodiversity Convention and Conservation of 143
Animals
Unit 10 International Treaties 157
BLOCK 4 ANIMAL WELFARE STATUTORY BODIES 171
AND ORGANIZATIONS
Unit 11 Animal Welfare Organizations 173
Unit 12 CPCSEA 193
PROGRAMME DESIGN COMMITTEE
Dr. Arun Verma Dr. Manilal Valliyate Prof. B. K. Pattanaik
Assistant Director General (Retd.) CEO, People for the Ethical SOEDS, IGNOU, New Delhi
ICAR, New Delhi Treatment of Animals (India)
Prof. Nehal A. Farooquee
New Delhi
Dr. K.V.H. Sastry SOEDS, IGNOU, New Delhi
Principal Scientist Mr. N.G. Jayasimha
Dr. Pradeep Kumar
ICAR-NIANP, Bangalore Director (India)
SOEDS, IGNOU, New Delhi
Humane Society International
Dr. V.K. Arora
Hyderabad Dr. Nisha Varghese
Joint Commissioner (AH)
SOEDS, IGNOU, New Delhi
Ministry of Fisheries, Ms. Khushboo Gupta
Animal Husbandry and Dairying Project Manager Dr. Grace Don Nemching
New Delhi World Animal Protection SOEDS, IGNOU, New Delhi
New Delhi
Col. (Dr.) Narbir Singh Prof. P.V.K. Sasidhar
The Remount and Veterinary Corps Dr. P. Vijayakumar SOEDS, IGNOU, New Delhi
New Delhi Associate Professor (Programme Coordinator)
SOA, IGNOU, New Delhi
Dr. S.B. Prasanna
Associate Professor (LPM) Dr. Mita Sinha Mahapatra
College of Veterinary Science Associate Professor
Bangalore SOA, IGNOU, New Delhi

COURSE PREPARATION TEAM

Unit Writing
Prof. G. Vijaya Kumar Ms. Alokparna Sengupta Format Editing
Head (Clinical Veterinary Medicine) Managing Director, Humane Society Prof. P.V.K. Sasidhar
Veterinary College and Research International (India), Hyderabad (Units 7,8) SOEDS, IGNOU, New Delhi
Institute, Namakkal (Units 1,2,3) Ms. Shreya Paropkari Content and Language Editing
Dr. S.B. Prasanna Senior Manager, Humane Society Dr. P. Vijayakumar
Associate Professor (LPM) International (India), Hyderabad (Units 7,8) Associate Professor
College of Veterinary Science SOA, IGNOU, New Delhi
Ms. Sonia Shad
Bangalore (Units 4,5) Manager – Legal Reforms and Capacity Prof. P.V.K.Sasidhar, SOEDS,
Prof. Usha Narayana Pillai Building, Humane Society International IGNOU, New Delhi
Head (Clinical Veterinary Medicine, (India), Hyderabad (Units 7,8)
Ethics and Jurisprudence) Dr. H.P. Shrivastava
College of Veterinary and Animal Principal Scientist & Head (Retd.)
Sciences, Mannuthy (Unit 6) ICAR- Central Avian Research Institute,
Prof. P.C. Alex Izatnagar (Units 9,10)
Department of Clinical Veterinary Prof. P.V.K. Sasidhar
Medicine, Ethics and Jurisprudence SOEDS, IGNOU, New Delhi (Unit 11)
College of Veterinary and Animal
Sciences, Mannuthy (Unit 6) Dr. Kumud Kant Awasthi
National Institute of Animal Welfare
Faridabad (Unit 12)

Programme & Course Coordinator: Prof. P.V.K. Sasidhar <pvksasidhar@ignou.ac.in>

PRINT PRODUCTION
Mr. Y.N. Sharma Mr. Sudhir Kumar
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February, 2021
© Indira Gandhi National Open University, 2021
ISBN:
All rights reserved. No part of this work may be reproduced in any form, by mimeography or any other means, without
permission in writing from the Indira Gandhi National Open University.
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MAW-003: ANIMAL WELFARE LAWS,
POLICIES AND ORGANIZATIONS
Dear Learner,

Welcome to ‘MAW-003’, the third course under the ‘PG Diploma in Animal
Welfare (PGDAW)’. In MAW-001, you were introduced to the basic concepts
and theoretical frameworks pertaining to animal welfare science and ethics. In
‘MAW-002 and MAW-004’, we discussed the major welfare issues and minimum
welfare standards pertaining to the farm animals (cattle, buffalo, sheep, goat, pig
and poultry) working and performing animals (bullocks, camels, horses, donkeys
and elephants), pet, zoo and lab animals. As a certified professional, a
comprehensive understanding of the major animal welfare laws / policies,
organizations and secondary rules is required.

The subject of ‘Animal Welfare Laws’ attracts:

First, those who want to go on to become professional lawyers with
specialization in animal welfare law.
Second, those who need or want to understand a portion of animal welfare
laws as part of their capacity building in animal welfare field; and,
Third, those who just want to study an interesting subject.
We, the PGDAW learners, mostly fall under the second category, i.e., we need to
understand a portion of law, policies and organizations, and secondary animal
welfare rules in order to help the animals in a better way. Further, the legal concepts
and their applications are well known to researchers, teachers and practitioners
of legal profession. But their significance is not well understood by the wider
sections of animal welfare professionals. Besides this, several National /
International organizations have played a crucial role in the enactment of laws,
conventions, treaties and formulation of secondary rules.

In MAW-003, we will discuss the above under the theme ‘Animal Welfare Laws,
Policies and Organizations’.

For your convenience and easy handling, the SLM under MAW-003 is presented
in two volumes. In the first volume, we will discuss the major animal welfare
laws; legal procedures, jurisprudence and enforcement; biodiversity conservation
and international treaties; and animal welfare statutory bodies and organizations.
In the second volume, we will discuss the important secondary rules issued by
the Government of India from time to time. Each volume deals largely with the
concepts in the block to which that volume relates. However, both the volumes
are connected in such a way that after completing all the units, you will gain a
better knowledge, understanding, practical and professional skills related to animal
welfare laws, policies, organizations and secondary rules.

Block 1, Animal Welfare Laws with four units deals with Animal Welfare Laws
– An Overview, Prevention of Cruelty to Animals Act, 1960, Wildlife (Protection)
Act, 1972 and Prevention and Control of Infectious and Contagious Diseases in
Animals Act, 2009
Block 2, Legal Procedures, Jurisprudence and Enforcement with four units
illustrates the Legal Procedures in Animal Welfare, Veterinary Jurisprudence –
An Overview, Animal Welfare Laws and Enforcement Agencies, and Enforcement
of Animal Welfare Laws – Overloading, Transportation and Slaughter.

Block 3, Biodiversity, Conservation and International Treaties with two units

introduces you to the Biodiversity Convention and Conservation of Animals and
International Treaties.

Block 4, Animal Welfare Statutory Bodies and Organizations with two units
discusses the important Animal Welfare Organizations and CPCSEA.

Block 5, Farriers, Registration, Fines, Capture, Societies and Case Property

Rules with two units discusses the Licensing of Farriers, Registration of Cattle
Premises, Application of Fines and Capture of Animals Rules, and Establishment
and Regulation of SPCA & Care and Maintenance of Case Property Animals
Rules.

Block 6, Draught, Pack and Performing Animals Rules with two units deals
the Draught and Pack Animals Rules and Performing Animals Rules.

Block 7, Transport of Animals and Slaughter House Rules with three units
introduces the Transport of Animals Rules, Transport of Animals on Foot Rules,
and Slaughterhouse Rules.

Block 8, Pet Animals Rules with three units illustrates the Dog Breeding and
Marketing Rules, Pet Shop Rules and Animal Birth Control (Dogs) Rules.
 MAW-003
Animal Welfare Laws,
Policies and Organizations

Block

1
ANIMAL WELFARE LAWS

UNIT 1
Animal Welfare Laws - An Overview

UNIT 2
Prevention of Cruelty to Animals Act, 1960

UNIT 3
Wildlife (Protection) Act, 1972

UNIT 4
Prevention and Control of Infectious and Contagious
Diseases in Animals Act, 2009
Animal Welfare Laws
BLOCK 1 ANIMAL WELFARE LAWS

In India, the Animal Protection and Welfare policy commitments are shielded
under two main folds - the Constitution of India and Legislation:
1) The Constitution of India
Animal sentience reflected in the principle of non-violence (ahimsa)
Compassion for living creatures as a mandate to all citizens
2) The Prevention of Cruelty to Animals (PCA) Act 1960 & Wildlife (Protection)
Act, 1972
Main animal welfare legislations in India (with several statuary bodies,
organizations and secondary rules)
Physical and mental suffering of domesticated, captive and free living
animals recognized
Applicable to ‘all living creatures’
The Constitutional provisions, important animal welfare laws and their
significance are not well understood by the majority of stakeholders of animal
welfare. Therefore, the purpose of this Block is to make you understand them, so
that you can carry out better animal welfare work.

Unit 1, Animal Welfare Laws - An Overview delineates the animal welfare

legislation and policy commitment in India as per Constitution of India and Indian
penal code, terms used in law and violations and how to help stray animals.

Unit 2, Prevention of Cruelty to Animals Act, 1960 make you understand the
background history behind the PCA Act, functions of AWBI, salient features of
PCA Act, amendments to the PCA Act by the Karnataka and Maharashtra
Governments.

Unit 3, Wildlife (Protection) Act, 1972 illustrates the constitutional provisions,

history of wild life legislation, functions of National Board of Wildlife and Central
Zoo Authority and the salient features of Wildlife (Protection) Act.

Unit 4, Prevention and Control of Infectious and Contagious Diseases in

Animals Act, 2009 deals with the difference between infectious and contagious
disease, roles and responsibilities of veterinarian in the prevention and control
of animal/bird diseases and salient features of the Act.

6
 Animal Welfare Laws - An
UNIT 1 ANIMAL WELFARE LAWS - AN Overview

OVERVIEW
Structure
1.1 Learning Outcomes
1.2 Introduction
1.3 Animal Welfare Laws in India
1.3.1 Animal Welfare Legislation and Policy Commitment
1.3.2 The Constitution of India and Animal Protection
1.3.3 Important Indian Penal Code Sections
1.4 Terms Used In Law
1.4.1 Cognizable Offences
1.4.2 Non-Cognizable Offences
1.4.3 Summon
1.5 Violations
1.5.1 How to Help Stray Animals?
1.6 Let Us Sum Up
1.7 Keywords
1.8 Bibliography and Further Reading
1.9 Self Assessment Exercises
1.10 Answers / Hints to Check Your Progress

1.1 LEARNING OUTCOMES

a) Knowledge and Understanding: After studying this Unit, you will be
able to:
Justify the need for animal welfare laws.
Enumerate different laws, rules, penal code sections and violations
related to animal welfare.
b) Practical and Professional Skills: After studying this Unit, you will
be able to:
Discuss the animal welfare legislation and policy commitment in
India.
Differentiate between cognizable and non-cognizable offences.
Support and undertake actions to help the stray animals.

1.2 INTRODUCTION
It may be true that the law cannot change the heart, but it
can restrain the heartless.
- Martin Luther King Jr.
Dear Learner,
As an animal welfare professional, you should have a thorough understanding of
the animal welfare laws to deal with various issues at the grassroot level. Animal
7
Animal Welfare Laws welfare laws involve continuous assessment of the wellbeing of the animal which
must take into account not only the condition of the animal, but also the
background reasons. This often requires careful and expert assessment of an
enormous range of factors that are both external and internal to the animal. Some
of the factors include the inputs (e.g., shelter, nutrition), the care-taker (e.g.,
abilities, resources), and the internal health of the animal (e.g., parasites metabolic
conditions) (Robertson, 2015).

Animal welfare laws are required to protect animals from cruelty/abuse and
provide conducive conditions to express their natural behaviours. These laws
and legislation varies from country to country. Some of the countries which have
strict animal welfare laws are Austria, Switzerland, UK, Germany, Netherlands
and Denmark (Box 1.1).

Box 1.1: Animal Welfare Laws in Some Countries

Austria: Gives equal importance to animal’s and human’s life
Switzerland: First country to protect the animal’s dignity
UK: Stricter penalties for cruelty and negligence of animals
Germany: Give animals constitutional protection
Netherlands: Ban on use of apes for experiments and testing cosmetics on
animals
Denmark : Prohibits live slaughtering of animals
Like other countries, India also has several laws for protection and welfare of
domestic animals and wild life. In the next section, you will be introduced to the
different laws and legislations related to animal welfare in India.

1.3 ANIMAL WELFARE LAWS IN INDIA

Do you know when animal welfare law came into existence in India? You will
be surprised to know that since time immemorial, welfare and rights of animals
has been given due importance in India. Ancient Scriptures like the Vedas clearly
preach the ideology of non-violence to all living creatures including the animals.
India, being the home to several traditions and cultures advocating non-violence
and compassion towards animals, has passed a number of animal welfare laws
and rules from time-to-time. The sources of modern animal welfare legislations
of India are either based on international conventions or western philosophies
for prevention of cruelty to animals (Box 1.2).

Box 1.2: Animal Protection in Indian Legal System

The whole matrix of animal protection in Indian legal system can be
summarised under three dimensions:
First type, perhaps the original one in Indian context is the protection
of animals for the betterment of agriculture, which lead to animal
husbandry development with focus on farm animals. State has the
responsibility of protecting these animals through legislation / penal
code.
Example: Article 48 of the Indian Constitution or enactment of laws
like cattle protection etc.
8
 Animal Welfare Laws - An
Second type of animal protection is as part of preservation / conservation Overview
on non-human beings mainly based on environmental utility under
international conventions or treaties during 1940s or more precisely
1970s. Indian judiciary played a major role in the protection of wild
animals and birds as part of preservation of biodiversity.
Example: Article 48A, 51A (g) and entry of 17B in concurrent list of
schedule VII in the Indian Constitution.

Third type of animal protection is purely based on welfare ethics and

morality and this is the oldest form of animal rights. Here animals are
protected only for their welfare not for human resource or
environmental biodiversity.
Example: Entry 17 in concurrent list of schedule VII in Indian
Constitution.
(Source: Mitra, 2019)

1.3.1 Animal Welfare Legislation and Policy Commitment

The animal protection and welfare in India are safeguarded by the Constitution
as well as Legislation. In the Constitution of India, animal sentience is reflected
in the principle of non-violence (ahimsa) and compassion for living creatures as
a mandate to all citizens. The Prevention of Cruelty to Animals (PCA) Act (1960),
Wildlife Protection Act (1972) and the Biological Diversity Act (2002) are the
main animal welfare legislations in India (Box 1.3).

Box 1.3: India’s Legislation and Policy Commitment towards

Animal Welfare

The important legislation in terms of animal protection policy commitment

and major secondary rules are summarised below for your comprehension:
Prevention of Cruelty to Animals (PCA) Act, 1960
o Draught and Pack Animals Rules, 1965
o Licensing of Farriers Rules, 1965
o Performing Animals Rules, 1973
o Registration of Cattle Premises Rules, 1978
o Application of Fines Rules, 1978
o Transport of Animals Rules, 1978 and its Amendment Rules, 2009
o Capture of Animals Rules, 1979
o Breeding of and Experiments on Animals (Control and Supervision)
Rules, 1998
o Establishment and Regulation of SPCAs Rules, 2001
o Performing Animals (Registration) Rules, 2001 and its Amendment
Rules, 2002
o Transport of Animals on Foot Rules, 2001
o Slaughter House Rules, 2001
9
Animal Welfare Laws
o Animal Birth Control (Dogs) Rules, 2001 and its Amendment Rules,
2010
o Dog Breeding and Marketing Rules, 2017
o Care and Maintenance of Case Property Animals Rules, 2017
o Regulation of Livestock Markets Rules, 2017
o Pet Shop Rules, 2018
o Prevention of Cruelty to Animals (Egg Laying Hens) Rules, 2019
Wildlife Protection Act, 1972
o Recognition of Zoo Rules, 2009 and its Amendment Rules, 2013
Biological Diversity Act, 2002
The PCA Act, 1960 was the first law enacted in India which criminalizes cruelty
to animals, though exceptions were made for the treatment of animals used for
food and research studies. As per the provisions in this law, the Animal Welfare
Board of India was established in 1962 to promote the cause of animal welfare.
The Wildlife Protection Act, 1972 was passed for protection of the wild animals,
birds and plants and also to ensure the ecological and environmental security of
the country.

(Please refer the Unit 2 and 3 for more details on PCA and Wildlife Protection
Acts, respectively)

The acts related to animal health and welfare from various Indian states are
summarised in Box 1.4.

Box 1.4: State Specific Animal Health and Welfare Acts

1) Goa, Daman & Diu Diseases of Animals Act, 1974 (Goa, Daman and
Diu)
2) Madhya Pradesh Cattle Disease Act, 1934 and Madhya Bharat Animal
Contagious Diseases Act, 1955 (Madhya Pradesh)
3) Gujarat Diseases of Animals (Control) Act, 1963 (Gujarat)
4) Himachal Pradesh Livestock and Birds Diseases Act, 1968 (Himachal
Pradesh)
5) Himachal Pradesh Livestock and Birds Diseases Rules, 1971 (Himachal
Pradesh)
6) Jammu and Kashmir Animal Disease (Control) Act, 2006 (J&K)
7) Bombay Diseases of Animal Act, 1948 (Maharashtra)
8) Orissa Animal Contagious Diseases Act, 1949 (Orissa)
9) Punjab Livestock and Birds Diseases Act, 1948 (Punjab)
10) Punjab Contagious Diseases of Animals Rules, 1953 (Punjab)
11) Rajasthan Animal Disease Act, 1959 (Rajasthan)
12) Rajasthan Animal Disease Rules, 1960 (Rajasthan)
13) Bengal Diseases of Animals Act, 1944 (West Bengal)
10
 Animal Welfare Laws - An
14) Andhra Pradesh Cattle Disease Act, 1866; Andhra Pradesh Cattle Disease Overview
(Extension and Amendment) Act,1961(Andhra Pradesh)
15) By Laws made under Andhra Pradesh Cattle Disease Act, 1866 (Andhra
Pradesh)
16) Karnataka Animal Diseases Control Act, 1961 (Karnataka)
17) Karnataka Diseases (Control) Rules, 1967 (Karnataka)
18) The Madras Rinderpest Act, 1940 (Tamil Nadu)
19) The Madras Cattle Diseases Act, 1866 (Tamil Nadu)
20) Kerala Prevention and Control of Animal Disease Act, 1967 (Kerala)
21) The Livestock Importation (Amendment) Act, 2001
22) Kerala Prevention and Control of Animal Diseases (Amendment) Rules,
2004
23) Karnataka Poultry and Livestock Feed (Regulation of Manufacture and
Sale) Order, 1987
24) The Cattle Feed and Fodder (Standard of Quality) Order, 2001
25) Assam Cattle Diseases Act, 1948 (applicable to all seven north eastern
states)

1.3.2 The Constitution of India and Animal Protection

The National Emblem of India shows inbuilt care for animals with presence of
the lion, the bull, the elephant and the galloping horse. The important constitutional
provisions for the protection of animals are summarised below:

Authority Provision

PART IV: DIRECTIVE The Constitution requires the State to “take steps
for preserving and improving the breeds, and
PRINCIPLES OF STATE prohibiting the slaughter, of cows and calves and
POLICY, other milch and draught cattle. “Per 48A, the
Constitution places a duty on the State to
48: Organisation of
“endeavour to protect and improve the
agriculture and animal
environment and to safeguard the forests
husbandry and
and wildlife of the country”.
48A: Protection and
Per List III, both Parliament and the Legislature
improvement of
have the authority to make laws on the following:
environment and
safeguarding of forests and Prevention of cruelty to animals.
wildlife Protection of wild animals and birds.
Prevention of the extension from one State to
another of infectious or contagious diseases
or pests affecting men, animals or plants.

11
Animal Welfare Laws
PART IVA: The Constitution places a duty on every citizen
FUNDAMENTAL DUTIES, to “protect and improve the natural environment
51A (g): Fundamental including forests, lakes, rivers and wildlife, and
Duties to have compassion for living creatures”.

SEVENTH SCHEDULE: The Legislative Assembly is given the authority

Article 246, List II: State to make laws on the following: “preservation,
List and List III: Concurrent protection and improvement of stock and
List prevention of animal diseases; veterinary
training and practice”…

ELEVENTH SCHEDULE The Constitution provides that Panchayat (local

Article 243G self government) may make laws on the
following: “animal husbandry, dairying and
poultry, and fisheries”.

TWELFTH SCHEDULE: Municipalities may undertake certain duties

Article 243W pertaining to the regulation of slaughter
houses and tanneries.

(Source: http://worldanimal.net)

1.3.3 Important Indian Penal Code Sections

The important Indian Penal Code (IPC) sections related to animal welfare are
presented below:

IPC Section Description

Section 47 Animal: It denotes any living creature, other than a human

being.

Section 51 Oath: It includes a solemn affirmation substituted by law

for an oath, and any declaration required or authorized by
law to be made before a public servant or to be used for the
purpose of proof, whether in a Court of Justice or not.

Section 377 Whoever voluntarily has carnal intercourse against the order
of nature with any man, woman or animal, shall be punished
with imprisonment for life, or with imprisonment of either
description for a term which may extend to ten years, and
shall also be liable to fine.

Section 378 Deals with theft of property which also includes “animals”.
A person, who by any means causes an animal to move, is
said to move that animal without the consent of the owner.

Whoever commits mischief by killing, poisoning, maiming

Section 428 or rendering useless any animals or animal of the value of
the ten rupees or upwards, shall be punished with
imprisonment of either description for a term which may
extend to two years, or with fine, or with both.
12
 Animal Welfare Laws - An
Section 429 Whoever commits mischief by killing, poisoning, maiming or Overview
rendering useless, any elephant, camel, horse, mule, buffalo,
bull, cow or ox, whatever may be the value thereof, of any other
animal of the value of fifty rupees or upwards, shall be punished
with imprisonment or either description for a term which may
extend to five years, or with fine, or with both.

Section 503 IPC criminal intimidation to be charged if animal caretakers

are prevented illegally/forcibly from keeping pets or feeding
street animals.
Though there are no official animal rights which are proclaimed, but the general
public has the right to defend the rights for animals through the relevant rules.
Some of the examples have been outlined in Box 1.5.

Box 1.5: Animal Rights in India

1) It is the fundamental duty of every citizen of India to have compassion
for all living creatures - Article 51A(g).
2) To kill or maim any animal, including stray animals, is a punishable
offence - IPC Sections 428 and 429.
3) Abandoning any animal for any reason can land you in prison for up to
three months - Section 11(1)(i) and Section 11(1)(j), PCA Act, 1960.
4) No animal (including chickens) can be slaughtered in any place other
than a slaughterhouse. Sick or pregnant animals shall not be slaughtered
- Rule 3, of PCA (Slaughterhouse) Rules, 2001 and Chapter 4, Food
Safety and Standards Regulations, 2011.
5) Stray dogs that have been operated for birth control cannot be captured
or relocated by anybody including any authority - ABC Rules, 2001.
6) Neglecting an animal by denying her sufficient food, water, shelter and
exercise or by keeping him chained/confined for long hours is punishable
by a fine or imprisonment of up to 3 months or both - Section 11(1)(h),
PCA Act, 1960.
7) Monkeys are protected and cannot be displayed or owned - Wildlife
(Protection) Act, 1972.
8) Bears, monkeys, tigers, panthers, lions and bulls are prohibited from
being trained and used for entertainment purposes, either in circuses or
streets - Section 22(ii), PCA Act, 1960.
9) Animal sacrifice is illegal in every part of the country - Rule 3,
Slaughterhouse Rules, 2001.
10) Organizing of or participating in or inciting any animal fight is a
cognizable offence - Section 11(1)(m)(ii) and Section 11(1)(n), PCA Act,
1960.
11) Cosmetics tested on animals and the import of cosmetics tested on animals
is banned - Rules 148-C and 135-B of Drugs & Cosmetics Rules, 1945.
12) Teasing, feeding or disturbing the animals in a zoo and littering the zoo
premises is an offence punishable by a fine of Rs. 25000 or imprisonment

13
Animal Welfare Laws
of up to three years or both - Section 38J, Wildlife (Protection) Act,
1972.
13) Capturing, trapping, poisoning or baiting of any wild animal or even
attempting to do so is punishable by law, with a fine of up to Rs. 25000
or imprisonment of up to seven years or both - Section 9, Wildlife
(Protection) Act, 1972.
14) Disturbing or destroying eggs or nests of birds and reptiles or chopping
a tree having nests of such birds and reptiles or even attempting to do so
constitutes to hunting and attracts a punishment of a fine of up to
Rs. 25000, or imprisonment of up to seven years or both - Section 9,
Wildlife (Protection) Act, 1972.
15) Conveying or carrying animals whether in or upon any vehicle, in any
manner or position which causes discomfort, pain or suffering is a
punishable offence under two Central Acts - Section 11(1)(d) PCA
(Transport of Animal) Rules, 2001 and Motor Vehicles Act, 1978.
(Source: Jayasimha, 2015)

Before we proceed, please complete activity 1.

Activity 1 (Web Browsing): Review the literature available in the internet
on animal welfare laws of any three South Asian countries. Write their salient
features.
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Check Your Progress 1
Note: a) Use the spaces given below for your answers.
b) Check your answer with those given at the end of the unit.
1) Write any two acts related to animal welfare in India.
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14
2) What does Section 503 of IPC indicate? Animal Welfare Laws - An
Overview
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3) Which fundamental duty in the constitution indicates to have compassion

for living creature?
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1.4 TERMS USED IN LAW

There are several terms used in law and understanding these terms is important.
The following terms are discussed below:
a) Cognizable offences
b) Non-Cognizable offences
c) Summon

1.4.1 Cognizable Offences

Cognizable offence/case means a case in which a police officer may arrest without
warrant, as per the First Schedule of the Criminal Procedure Code, 1973 or under
any other law for the time being in force. Cognizable offenses are usually offenses
which are serious in nature. Examples: Murder, robbery, theft, rioting, etc.
Some of the common offences are tabulated below:
Nature of the Offence Section violated

Mutilates any animal or kills any animal (including Section 11(1)(l)

stray dogs) by using the method of strychnine
injections in the heart or in any other unnecessarily
cruel manner.

Organizes, keeps, uses or acts in the management Section 11(1)(n)

of, any place for animal fighting or for the purpose
of baiting any animal or permits or offers any place
to be so used or receives money for the admission of
any other person to any place kept or used for any
such purposes.
15
Animal Welfare Laws
Promotes or takes part in any shooting match or Section 11(1)(o)
competition wherein animals are released from
captivity for the purpose of such shooting.

If any person performs upon any cow or other Section 12

milch animal the operation called phooka or any
other operation, including injection of oxytocin
given by dairies to their milch animals in order
to induce milk, which is injurious to health.

1.4.2 Non-Cognizable Offences

Non-cognizable offence/case means an offence/case in which a police officer
without any warrant has no authority to arrest. Non-cognizable offenses are not
much serious in nature. Section 155 of Criminal Procedure Code, 1973 provides
that in a non-cognizable offense or case, the police officer cannot receive or
record the FIR unless he/she obtains prior permission from the Magistrate.
Examples: Mischief, assault, causing hurt etc.
Some of the common non-cognizable offences are tabulated below:
Nature of the Offence Section violated

Beating, kicking, over-riding, over-driving, Section 11(1)(a)

over-loading, torturing, causing unnecessary
pain or suffering to any animals.

Employing any animal which, by reason of its Section 11(1)(b)

age or any disease, is unfit to be so employed, and
still making it work or labour or for any purpose.

Wilfully and unreasonably administering any Section 11(1)(c)

injurious drug or injurious substance.

Conveying or carrying, either in or upon any Section 11(1)(d)

vehicle in such a manner as to subject it to
unnecessary pain or suffering.

Keeping or confining any animal in any cage or Section 11(1)(e)

any receptacle which does not measure
sufficiently in height, length and breadth to
permit the animal a reasonable opportunity for
movement.

Being the owner, neglects to exercise or cause Section 11(1)(g)

to be exercised reasonably any dog habitually
chained up or kept in close confinement.

Being the owner of any animal fails to Section 11(1)(h)

provide such animal with sufficient food, drink
or shelter.

Without reasonable cause, abandons any animal Section 11(1)(i)

in circumstances which render it likely that it
16
 Animal Welfare Laws - An
will suffer pain by reason of starvation Overview
or thirst.

Wilfully permitting any animal, of which he is Section 11(1)(j)

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.

Offers for sale or without reasonable cause, Section 11(1)(k)

has in his possession any animal which is
suffering pain by reason of mutilation,
starvation, thirst, overcrowding or other
ill-treatment.
Solely with a view to providing entertainment:
1) Confines or causes to be confined any animals Section 11(1)(m)
(including tying of an animal as bait in a tiger
or other sanctuary) so as to make it an object
of prey for any other animal.

2) Incites any animal to fight or bait any other

animal.

1.4.3 Summon
A summon is a legal document that is issued by a Court on a person involved in
a legal proceeding. When a legal action is taken against a person or when any
person is required to appear in the court as a witness in a proceeding, to call upon
such person and ensure his/her presence on the given date of the proceeding, a
summon is served.

A summon is served when a suit has been initiated by the petitioner against the
defendant, the court directs to issue summons to the defendant as this ensures a
fair trial. If the summon is not duly served, then no action can be taken against
the defendant. If on serving of the summon and the person against whom it had
been issued does not appear in the court then this will be taken as a Contempt of
Court and shall be punished accordingly.

1.5 VIOLATIONS
Do you know that the following actions are against the law?
Giving an animal any injurious substance or offer poisoned food (PCA,
Section 11).
Transport any animal in any manner that will cause unnecessary suffering
(e.g. loading cows into trucks without ramps, overcrowding, tying up animals
and carrying them on cycles (PCA, Section 11). All violations of Section
11 are punishable with a fine and or imprisonment.

Killing homeless animals. Citizens may only report what they perceive as
a nuisance to the municipal authorities. Previously, municipalities used to 17
Animal Welfare Laws kill these animals (mainly dogs) cruelly by electrocution, starvation and
burying alive. After 1992, it became illegal for municipalities to kill stray
dogs. The High Courts of Delhi, Rajasthan, Gujarat, Mumbai and several
other states have specifically forbidden the killing of stray dogs and have
directed the municipality to introduce a sensible Animal Birth Control
programme instead. The Animal Welfare Board of India has established a
code of conduct for municipalities. Failure to follow the code can invite
contempt of court proceedings (Please refer MAW-004 for more details on
Animal Birth Control Programme).

Sections 428 and 429 of the IPC make it illegal to maim or cause injury to
any animal with a monetary value greater than Rs. 10. It is illegal to throw
acid on cows (something that vegetable sellers do as a matter of routine).
The Code also makes it illegal for cars to purposefully injure or kill dogs,
cats and cows on the street. Offenders can be reported to the local animal
protection group and police station and a case filed under the above-
referenced sections. Punishment is a fine of Rs. 2000 and/or a jail term of
up to five years.

Stray animals may not be used for research. The rules for experimental
animals states that only animals bred for the purpose of research by the
registered institutes may be used for experimentation. It is illegal for any
medical, educational or commercial research institute to pick up stray
animals from the street or from the municipal pound for this purpose

(Please refer MAW-004 for more details on Minimum Welfare Standards for
Laboratory Animals).

1.5.1 How to Help Stray Animals?

In our day-to-day life, we see animals injured or abandoned on the road. In such
case, what you can do to help the stray animals?

If you see a dog or cow being injured or hit or stoned, make sure to inform
the offender of the law and get him or her to stop. In case, the abuse persists,
register an FIR at the nearest police station. Never get dejected if the police
do not take the case seriously. In many cases, they may not know the laws
pertaining to animals. Be polite but firm.
If the municipality in your area is still cruelly killing homeless dogs, make
an appointment with the municipal commissioner. Inform the commissioner
that it has been proven that cruelly killing dogs reduces neither their number
nor the incidence of bites and rabies and that as per law it is illegal to
cruelly kill stray animals.If there is an animal welfare organization in the
area, urge it to take up the Animal Birth Control (ABC) programme.
It is illegal for a municipality to round up stray dogs and abandon them
outside city limits, as it places them in circumstances likely to cause their
death from starvation and thirst.
When you find cows or buffaloes on the street or tethered on public
pavements, ask those nearby if anyone knows their owner or the dairy to
which they belong. Inform the owner that it is illegal to allow cows to
wander. If the owner does not have enough space to keep the cows
18
 comfortable or feed them, file a complaint with the municipality asking Animal Welfare Laws - An
Overview
that the cows be sent to a suitable shelter. Cows and buffaloes left on the
street are often hit by cars and die from eating plastic bags, broken glass
and other trash.

If you notice cows or other animals with burn marks, usually on their rumps,
near particular fruit and vegetable markets, it is probably that the vegetable
sellers throw acid on the animals to drive them away from their stalls. If
there is a market association, approach the head and inform her or him of
the law (IPC, Sections 428 and 429). Request that all vegetable vendors be
warned against this practice. Inform the police station in the area to keep an
eye out for such violations.

When you see an animal knocked over by a vehicle, get the number of the
vehicle. Check the animal for signs of life. If possible, move the animal to
safety and provide life-saving first aid. It is preferable to take the animal to
a veterinarian, if possible. If not, call an animal welfare organization that
has an ambulance. Once the animal is taken care of, file a complaint against
the offender with the nearest police station (IPC, Sections 428 and 429).

If you know of any research institute that is using animals, ask for the
source of the animals. If you suspect the animals have been taken from the
street or that the animals are being abused, contact the Committee for the
Purpose of Control and Supervision of Experiments on Animals (CPCSEA).
In the meantime, file a case with the police.
Check Your Progress 2
Note: a) Use the spaces given below for your answers.
b) Check your answer with those given at the end of the unit.
1) Differentiate between cognizable and non-cognizable offences.
.......................................................................................................................
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2) Give two examples each for cognizable and non-cognizable offences related
to animal welfare.
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19
Animal Welfare Laws 3) What is meant by a summon?
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4) What you can do to help stray animals?

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1.6 LET US SUM UP

In this unit, you were introduced to the matrix of animal protection in Indian
legal system under three dimensions viz., the protection of animals for the
betterment of agriculture, animal protection as part of preservation / conservation
and animal protection purely based on welfare ethics and morality. We discussed
the animal welfare laws in India, important IPC sections and terms used in law
with reference to animal welfare. The different activities which may lead to
violations of animal welfare laws were also dealt with. This unit also equipped
you with what you can do to help the stray animals.

1.7 KEYWORDS
Act: Act is a legislation passed by a competent legislature outlining the broad
aspects of the activity intended to be regulated. It is a subset of law.
Cruelty: Behaviour which causes physical or mental harm to another living
creature, whether intentionally or not.
Law: Law, in general, refers to the set of regulations or rules to be followed. It
includes act, rules, regulations, circulars, policies governing a particular subject
or activity.
Legislation: Preparing and enacting of laws by local, state, or national
governments.
Maiming: Wound or injury (a person or animal) so that part of the body is
permanently damaged.
Mutilate: To damage something severely, especially by violently removing a
part.
Phooka: Any process of introducing air or any substance into the female organ
of a milch animal with the object of drawing off from the animal any secretion of
milk.
Sentience: The capacity to feel or experience the world subjectively.
20
 Animal Welfare Laws - An
1.8 BIBLIOGRAPHY AND FURTHER READING Overview

Mitra, P.P. (2016). Wild Animal Protection Laws in India, Lexis Nexis, Gurgaon.

Mitra, P.P. (2019). An Introduction to Animal Laws in India, Thomson Reuters,

Gurgaon.

Robertson, I.A. (2015). Animals, Welfare and the Law. Fundamental Principles
for Critical Assessment. Earthscan, Routledge, New York

Russell, W.M.S. and Burch, R.L. (1959). The Principles of Humane Experimental
Technique, Methuen, London. ISBN 0900767782
http://www.awbi.org/awbi-pdf/apl.pdf
https://en.wikipedia.org/wiki/the_three_rs_(animals)
http://compassionateliving.in/animallawsinindia.pdf

1.9 SELF ASSESSMENT EXERCISES

1) Discuss the salient features of animal protection in Indian legal system.
2) List the different laws and rules related to animal welfare in India.
3) Differentiate between cognizable and non-cognizable offences with
examples.
4) What are the steps/initiatives you can take to help the stray animals?

1.10 ANSWERS / HINTS TO CHECK YOUR

PROGRESS
Check Your Progress 1
1) The Prevention of Cruelty to Animals Act, 1960 and Wildlife Protection
Act, 1972.

2) Intimidation is a criminal offence which is cognizable. Anyone who

threatens or intimidates any person taking care of dogs is liable for criminal
intimidation and can be arrested without a warrant

3) Part IVA: Fundamental Duties, 51A (g): The Constitution places a duty on
every citizen to “protect and improve the natural environment including
forests, lakes, rivers and wild life, and to have compassion for
living creatures”.
Check Your Progress 2
1) Cognizable offence/case means a case in which a police officer may arrest
without warrant. These are offenses which are serious in nature. Non-
cognizable offence/case means an offence/case in which a police officer
without any warrant has no authority to arrest. These are offenses which
are not much serious in nature.

2) Example of cognizable offence is mutilating any animal or killing any animal

(including stray dogs) by using the method of strychnine injections in the
21
Animal Welfare Laws heart or in any other unnecessarily cruel manner. The non-cognizable
offences are beating, kicking, over-riding etc.

3) A summon is a legal document that is issued by a Court on a person involved

in a legal proceeding.

4) When you see a dog or cow being injured or hit or stoned, inform the offender
of the law and get him or her to stop. Should the abuse persist, register an
FIR at the nearest police station. Never get dejected if the police do not
take the case seriously. In many cases, they may not know the laws pertaining
to animals. Be polite but firm.

22
 Animal Welfare Laws - An
UNIT 2 PREVENTION OF CRUELTY TO Overview

ANIMALS ACT, 1960

Structure
2.1 Learning Outcomes
2.2 Introduction
2.3 Animal Welfare Board of India
2.4 Cruelty to Animals
2.4.1 Treating Animals Cruelly
2.4.2 Phooka or Doom Dev
2.4.3 Destruction of Suffering Animals
2.5 Experiments on Animals
2.5.1 CPCSEA
2.6 Performing Animals
2.6.1 Restriction on Exhibition and Training of Performing Animals
2.6.2 Offences
2.6.3 Exemptions
2.7 Miscellaneous
2.8 Amendments to the PCA Act - Karnataka and Maharashtra
2.9 Let Us Sum Up
2.10 Keywords
2.11 Bibliography and Further Reading
2.12 Self-Assessment Exercises
2.13 Answers/Hints to Check Your Progress

2.1 LEARNING OUTCOMES

a) Knowledge and Understanding: When you have studied this Unit, you
will be able to:
Understand the history behind the PCA Act, 1960
Explain the functions of Animal Welfare Board of India.
b) Practical and Professional Skills: When you have studied this Unit, you
will be able to:
Discuss the salient features of PCA Act, 1960.
Summarise the amendments to the PCA Act, 1960 by the Karnataka and
Maharashtra Governments.

2.2 INTRODUCTION
Dear Learner,
You learnt from the previous unit that, Prevention of Cruelty to Animals (PCA)
Act, 1960 was the first comprehensive law enacted for the welfare of animals in
India. It is an Act to prevent the infliction of unnecessary pain or suffering and
cruelty to animals (Box 2.1). 23
Animal Welfare Laws
Box 2.1: Wisdom Behind the History of PCA Act

Smt. Rukmini Devi Arundale nominated as a member of Rajya Sabha in

April, 1952, was instrumental for the legislation of the PCA Act, 1960 and
for later setting up of the Animal Welfare Board of India (AWBI). She was
the Chairperson of AWBI from 1962 to 1986.

Fig. 2.1. Smt. Rukmani Devi Arundale (Photo: financialexpress.com)

On 5th March 1953, she introduced a bill on floor of the Rajya Sabha entitled
‘ The Prevention of Cruelty to Animal Bill, 1953’ to prevent cruelty to animals,
but due to technical flaws, it was not moved. The bill was withdrawn and a
committee was appointed to examine the bill with the following terms of
reference:

To examine the existing legislation (PCA Act, 1890) in the country and
corresponding legislations in other civilized countries.
Clearly define the term ‘animal’ for the legislation purpose.
Make such recommendations as are considered necessary with regards
to the requirements of following four issues:
o Scientific and medical research
o Veterinary treatments
o Dietary requirements of population
o Modern methods of slaughter of animals.
Smt. Rukmini Devi did not give up, but became more determined to understand
the inner workings of how to pass the legislation. Referring to animal
slaughterhouses as ‘living hells’ in her public speeches, she spent several
years collecting evidence after visiting slaughterhouses, research laboratories,
vaccine institutes, veterinary hospitals and cattle markets.

The committee submitted its report on 23rd March 1957 and drew the attention
of the house on number of differences in the PCA Act, 1890:
Operation of act was confined to big towns and cities that too in Municipal
units.
24
 Prevention of Cruelty to
Act was uniformly legislated in various states. Animals Act, 1960
Animal was defined as domestic and capture animal only.
Act was not having the provision of punishment.
The re-introduced bill had new measures on animal welfare:
Constitution of AWBI
Empowering the government to setup a committee to regulate
experiments on animals (this was dropped later).

Licensing and regulating the training and performance of animals for

entertainment to which public are admitted through sale of tickets.

Prohibiting slaughter of animals, unless they are first rendered insensible

to pain by stunning (keeping the religious sentiments, this was not
included in the final bill).

Finally the bill was again placed in the Parliament and passed on 12th December
1960. The clause which provides the establishment of AWBI was considered
as most important section of the bill.

The major provisions/sections covered under this Act include:

Chapter I - Preliminary
Chapter II - Animal Welfare Board of India
Chapter III - Cruelty to Animals Generally
Chapter IV - Experimentation on Animals
Chapter V - Performing Animals
Chapter VI - Miscellaneous
The preliminary chapter of the Act discusses about the important definitions and
the duties of persons having charge of animals. Some of the important definitions
related to animal welfare are as follows:
a) “Animal” means any living creature other than a human being.
b) “Board” means the Board established under section 4, and as reconstituted
from time to time under section 5A.

c) “Captive animal” means any animal (not being a domestic animal) which
is in captivity or confinement, whether permanent or temporary, or which
is subjected to any appliance or contrivance for the purpose of hindering or
preventing its escape from captivity or confinement or which is pinioned or
which is or appears to be maimed.

d) “Domestic animal” means any animal which is tamed or which has been
or is being sufficiently tamed to serve some purpose for the use of man or
which, although it neither has been nor is being nor is intended to be so
tamed, is or has become in fact wholly or partly tamed.

e) “Local authority” means a municipal committee, district board or other

authority for the time being invested by law with the control and
administration of any matters within a specified local area. 25
Animal Welfare Laws f) “Owner” used with reference to an animal, includes not only the owner
but also any other person for the time being in possession or custody of the
animal, whether with or without the consent of the owner.

g) “Phooka” or “Doom Dev” includes any process of introducing air or any

substance into the female organ of a milch animal with the object of drawing
off from the animal any secretion of milk;

h) “Prescribed” means prescribed by rules made under this Act; and

i) “Street” includes any way, road, lane, square, court, alley, passage or open
space, whether a thoroughfare or not, to which the public have access.

Duties of Persons Having Charge of Animals: It shall be the duty of every

person having the care or charge of any animal to take all reasonable measures to
ensure the well-being of such animal and to prevent the infliction upon such
animal of unnecessary pain or suffering.
The other chapters of the Act are discussed in the coming sections.

2.3 ANIMAL WELFARE BOARD OF INDIA

Chapter II of the Act deals with the Animal Welfare Board of India (AWBI) and
its functions. This board is constituted for the promotion of animal welfare
generally and for the purpose of protecting animals from being subjected to
unnecessary pain or suffering, in particular (Box 2.2).

Box 2.2: Composition of AWBI

Chairman Humanitarians (3)
Vice-Chairman Societies for Prevention of
Cruelty to Animals (SPCA) (3)
Inspectors General of Forests Animal Welfare Organisations
(AWOs) (3)
Animal Husbandry Commissioner Representative of Indian Board
for Wildlife (1)
Representative of Ministry of Representative of Indian
Home Affairs Veterinary Association (1)
Representative of Ministry of Representative of Indian
Education Medicine (1)
MPs - Lok Sabha (4) Representative of Allopathic
Medicine (1)
MPs - Rajya Sabha (2) Municipal Corporations (2)
Individuals Actively Engaged in
Animal Welfare Work (3)
The functions of the Board are to:

a) keep the law in force in India for the prevention of cruelty to animals under
constant study and advise the Government on the amendments to be
undertaken in any such law from time to time.
26
b) advise the Government on the making of rules under this Act with a view Prevention of Cruelty to
Animals Act, 1960
to preventing unnecessary pain or suffering to animals, when they are being
transported or when they are used as performing animals or are kept in
captivity or confinement.

c) advise on improvements in the design of vehicles so as to lessen the burden

on draught animals.

d) take all such steps as the Board may think fit for amelioration of animals
by encouraging or providing for, the construction of sheds, water-troughs
and the like and by providing for veterinary assistance to animals.

e) advise in connection with slaughter of animals so that unnecessary pain or

suffering is eliminated and animals are killed; wherever necessary, in as
humane a manner as possible.

f) take steps that unwanted animals are destroyed by local authorities,

whenever it is necessary to do so, either instantaneously or after being
rendered insensible to pain or suffering.

g) encourage the establishment of pinjrapoles, rescue homes, animal shelters

and sanctuaries.

h) co-operate with, and co-ordinate the work of, associations or bodies

established for the purpose of preventing unnecessary pain or suffering to
animals or for the protection of animals and birds.

i) give financial and other assistance to animal welfare organisations.

j) advise the Government on matters relating to the medical care and attention
which may be provided in animal hospital, and to give financial and other
assistance to animal hospitals.

k) impart education in relation to the humane treatment of animals and to

encourage the formation of public opinion for the promotion of animal
welfare by means of lectures, books, posters, cinematographic exhibitions.

l) advise the Government on any matter connected with animal welfare or

the prevention of infliction of unnecessary pain or suffering on animals.
Before we proceed, please complete activity 1.
Activity 1 (Web Browsing): Visit the website of AWBI (http://www.awbi.in/
index.html). How the Board grants recognition and extend financial
assistance to the Animal Welfare Organisations (AWOs)? Write your
findings.
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27
Animal Welfare Laws Check Your Progress 1
Note: a) Use the spaces given below for your answers.
b) Check your answer with those given at the end of the unit.
1) Write the objectives of PCA Act, 1960.
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2) List the chapters covered in the PCA Act, 1960.

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3) Write any four functions of AWBI

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2.4 CRUELTY TO ANIMALS

Chapter III of the PCA Act, 1960 focuses on the cruelty to animals with specific
emphasis on treating animals cruelly, penalty for practising phooka or doom dev
and destruction of suffering animals.

2.4.1 Treating Animals Cruelly

i) Acts considered as causing cruelty to animals
If any person:
a) beats, kicks, over-rides, over-drives, over-loads, tortures or otherwise treats
any animal so as to subject it to unnecessary pain or suffering or causes, or
being the owner permits, any animal to be so treated; or

b) employs in any work or labour or for any purpose any animal which, by
reason of its age or any disease, infirmity; wound, sore or other cause, is
unfit to be so employed or, being the owner, permits any such unfit animal
28
 to be employed; or Prevention of Cruelty to
Animals Act, 1960
c) wilfully and unreasonably administers any injurious drug or injurious
substance to any animal or wilfully and unreasonably causes or attempts to
cause any such drug or substance to be taken by any animal; or

d) conveys or carries, whether in or upon any vehicle or not, any animal in

such a manner or position as to subject it to unnecessary pain or suffering;
or

e) keeps or confines any animal in any cage or other receptacle which does
not measure sufficiently in height, length and breadth to permit the animal
a reasonable opportunity for movement; or

f) keeps for an unreasonable time any animal chained or tethered upon an

unreasonably short or unreasonably heavy chain or cord; or

g) being the owner, neglects to exercise or cause to be exercised reasonably

any dog habitually chained up or kept in close confinement; or

h) being the owner of (any animal) fails to provide such animal with sufficient
food, drink or shelter; or

i) without reasonable cause, abandons any animal in circumstances which

tender it likely that it will suffer pain by reason of starvation thirst; or

j) wilfully 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; or

k) offers for sale or without reasonable cause, has in his possession any animal
which is suffering pain by reason of mutilation, starvation, thirst,
overcrowding or other ill treatment; or

l) mutilates any animal or kills any animal (including stray dogs) by using
the method of strychnine injections, in the heart or in any other unnecessarily
cruel manner or;)

m) solely with a view to providing entertainment, confines or causes to be

confined any animal (including tying of an animal as a bait in a tiger or
other sanctuary) so as to make it an object or prey for any other animal; or

n) organises, keeps uses or acts in the management or, any place for animal
fighting or for the purpose of baiting any animal or permits or offers any
place to be so used or receives money for the admission of any other person
to any place kept or used for any such purposes; or

o) promotes or takes part in any shooting match or competition wherein animals

are released from captivity for the purpose of such shooting.

ii) Punishment for the Cruelty

The person shall be punishable in the case of a first offence, with fine which
shall not be less than ten rupees but which may extend to fifty rupees and in the
29
Animal Welfare Laws case of a second or subsequent offence committed within three years of the
previous offence, with fine which shall not be less than twenty five rupees but
which may extend, to one hundred rupees or with imprisonment for a term which
may extend, to three months, or with both.

iii) Procedures that are not Considered as Cruelty

Under the Prevention of Cruelty to Animals Act the following are not considered
as causing cruelty to animals.
a) the dehorning of cattle, or the castration or branding or nose-roping of any
animal in the prescribed manner, or
b) the destruction of stray dogs in lethal chambers by such other methods as
may be prescribed or
c) the extermination or destruction of any animal under the authority of any
law for the time being in force; or
d) the commission or omission of any act in the course of the destruction or
the preparation for destruction of any animal as food for mankind unless
such destruction or preparation was accompanied by the infliction of
unnecessary pain or suffering.

2.4.2 Phooka or Doom Dev

“Phooka” or “doom dev” is a process of introducing air or any substance into
the female organ of a milch animal with the object of drawing off from the animal
any secretion of milk. If any persons performs or permits such operation being
performed upon any such animal in his/her possession or under his/her control,
he/she shall be punishable with fine which may extend to one thousand rupees,
or with imprisonment for a term which may extend to two years, or with both,
and the animal on which the operation was performed shall be forfeited to the
Government.

2.4.3 Destruction of Suffering Animals

a) Where the owner of an animal is convicted of an offence under section 11,
it shall be lawful for the court, if the court is satisfied that it would be cruel
to keep the animal alive, to direct that the animal be destroyed and to assign
the animal to any suitable person for that purpose, and the person to whom
such animal is so assigned shall, as soon as possible, destroy such animal
or cause such animal to be destroyed in his presence without unnecessary
suffering, and any reasonable expense incurred in destroying the animal
may be ordered by the court to be recovered from the owner as if it were a
fine.

b) When any magistrate, commissioner of police or district superintendent of

police can direct the immediate destruction of the animal, if in his opinion,
it would be cruel to keep the animal alive.

c) Any police officer above the rank of a constable or any person authorised
by the State Government in this behalf who finds any animal so severely
injured and if the veterinary officer certifies that the animal is so severely
injured, the person authorised after obtaining orders from a magistrate,
destroy the injured animal in prescribed manner.
30
d) No appeal shall lie from any order of a magistrate for the destruction of an Prevention of Cruelty to
Animals Act, 1960
animal.

Before we proceed, please complete activity 2.

Activity 2: Take a walk on the street or through a busy market. Can you
identify any cruelty being done to animals? Write your observations.
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Check Your Progress 2
Note: a) Use the spaces given below for your answers.
b) Check your answer with those given at the end of the unit.
1) List any five actions that are considered as “cruelty to animals” as per the
PCA Act.
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2) Is dehorning in cattle considered as cruelty to animals? Justify your answer.

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3) How phooka is considered as “cruelty to animals”?

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31
Animal Welfare Laws 4) List out the authorized persons who can direct/order for destruction of
animals.
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2.5 EXPERIMENTS ON ANIMALS

The performance of experiments including operations on animals for the purpose
of advancement by new discovery of physiological knowledge or of knowledge
which will be useful for saving or for prolonging life or alleviating suffering or
for combating any disease, whether of human beings, animals or plants are not
considered unlawful.

2.5.1 CPCSEA
The Committee for the Purpose of Control and Supervision of Experiments on
Animals (CPCSEA) should take all such measures to ensure that animals are not
subjected to unnecessary pain or suffering before, during or after the performance
of experiments on them. The committee also should ensure the following:
1) Registration of persons or institutions carrying on experiments on animals
2) Experiments are performed with due care and humanity and those involving
operation has to be performed under anaesthesia
3) During the course of the experiments under anaesthesia, if the animals are
seriously injured, they have to be destroyed under anaesthesia.
4) Experiments on animals are avoided if other teaching devices such as books,
models, films and the like, may equally suffice
5) Experiments on larger animals are avoided when it is possible to achieve
the same results by experiments upon small laboratory animals like guinea-
pigs, rabbits, frogs and rats
6) Experiments are not performed for the purpose of acquiring manual skill
7) The experimental animals are properly looked after both before and after
experiments with maintenance of records
The Committee may authorise any other person in writing to inspect any institution
or place where experiments are being carried. The Committee may prohibit the
person or institution from carrying on any such experiments either for a specified
period or indefinitely, or may allow to carry on such experiments based on the
inspection report.
(Please refer the unit on CPCSEA for more details)

32
 Prevention of Cruelty to
2.6 PERFORMING ANIMALS Animals Act, 1960

Chapter V deals with the performing animals. Exhibit means exhibit or any
entertainment to which the public are admitted through sale of tickets, and “train”
means train for the purpose of any such exhibition. The six species therein
protected are bears, monkeys, tigers, panthers, lions and bulls. The Central
Government has unequivocally and explicitly specified that all the above six
species shall not be exhibited or trained as performing animals.   

2.6.1 Restriction on Exhibition and Training of Performing

Animals
No person shall exhibit or train:
a) any performing animal unless (s)he is registered in accordance with the
provisions of this Chapter;

b) as a performing animal, any animal which the Central Government may,

by notification in the official gazette, specify as an animal which shall not
be exhibited or trained as a performing animal.

2.6.2 Offences
If any person:
a) exhibits or trains any performing animal that are not registered as specified;
or
b) being registered under the Act, exhibits or trains any performing animal in
a manner with respect to which, he is not registered; or
c) exhibits or trains as a performing animal, any animal which is not to be
used for the purpose by reason of a notification issued under clause (ii) of
section 22; or
d) obstructs or wilfully delays any person or police officer to entry and
inspection; or
e) conceals any animal with a view to avoiding such inspection.
S(he) shall be punishable on conviction with fine which may extend to five
hundred rupees or with imprisonment which may extend to three months, or
with both.

2.6.3 Exemptions
The above-mentioned rules do not apply to:
a) the training of animals for bonafide military or police purpose or
b) any animals kept in any zoological garden which has for its principal object
the exhibition of animals for educational or scientific purposes.

2.7 MISCELLANEOUS
Chapter VI deals with the following miscellaneous items:
Saving as Respects Manner of Killing Prescribed by Religion
33
Animal Welfare Laws It is not an offence to kill any animal in a manner required by the religion
of any community.

Power of Court to Deprive Person Convicted of Ownership of Animal

If the owner of any animal is found guilty of any offence under this Act, the
court, upon his conviction thereof, may, if it thinks fit, in addition to any
other punishment, make an order that the animal with respect to which the
offence was committed shall be forfeited to Government and may, further,
make such order as to the disposal of the animal as it thinks fit under the
circumstances.
No order shall be made unless it is shown by evidence as to a previous
conviction under this Act or as to the character of the owner or otherwise as
to the treatment of the animal that the animal, if left with the owner, is
likely to be exposed to further cruelty.
The court may also order that a person convicted of an offence under this
Act shall, either permanently or during such period as is fixed by the order,
be prohibited from having the custody of any animal of any kind whatsoever,
or, as the court thinks fit, of any animal of any kind or species specified in
the order.
No order shall be made unless - (a) it is shown by evidence as to a previous
conviction or as to the character of the said person or otherwise as to the
treatment of the animal in relation to which he has been convicted that an
animal in the custody of the said person is likely to be exposed to cruelty;
(b) it is stated in the complaint upon which the conviction was made that it
is the intention of the complainant upon the conviction of the accused to
request that an order be made as aforesaid; and (c) the offence for which
the conviction was made was committed in an area in which under the law
for the time being in force a licence is necessary for the keeping of any
such animal as that in respect of which the conviction was made.
Any person in respect of whom an order is made under sub-section (3)
shall have no right to the custody of any animal contrary to the provisions
of the order, and if he contravenes the provisions of any order, he shall be
punishable with fine which may extend to one hundred rupees, or with
imprisonment for a term which may extend to three months, or with both.
Any court which has made an order under sub-section (3) may at any time,
either on its own motion or on application made to it in this behalf, rescind
or modify such order.

Presumption as to Guilt in Certain Cases

If any person is charged with the offence of killing a goat, cow or its progeny,
and it is proved that such person had in his possession, at the time the
offence is alleged to have been committed, the skin of any such animal, any
part of the skin of the head attached thereto, it shall be presumed until the
contrary is proved that such animal was killed in a cruel manner.

Cognizability of Offences
Notwithstanding anything contained in the Code of Criminal Procedure,
1898 (5 of 1898), an offence punishable shall be a cognizable offence within
34 the meaning of that Code.
Power of Search and Seizure Prevention of Cruelty to
Animals Act, 1960
If a police officer not below the rank of sub-inspector or any person
authorised by the State Government in this behalf has reason to believe that
an offence in respect of animals is being, or is about to be, or has been,
committed in any place, or that any person has in his possession the skin of
any such animal with any part of the skin of the head attached thereto, he
may enter and search such place or any place in which he has reason to
believe any such skin to be, and may seize such skin or any article or thing
used or intended to be used in the commission of such offence.

If a police officer not below the rank of sub-inspector, or any person

authorised by the State Government in this behalf, has reason to believe
that phooka or doom dev or any other operation of the nature has just been,
or is being, performed on any animal within the limits of his jurisdiction,
he may enter any place in which he has reason to believe such animal to be,
and may seize the animal and produce it for examination by the veterinary
officer in charge of the area in which the animal is seized.

Search Warrants
If a magistrate of the first or second class or a presidency magistrate or a
sub-divisional magistrate or a commissioner of police or district
superintendent of police, upon information in writing, and after such inquiry
as (s)he thinks necessary, has reason to believe that an offence under this
Act is being, or is about to be, or has been committed in any place, (s)he
may either enter and search or by warrant authorise any police officer not
below the rank of sub-inspector to enter and search the place.

The provisions of the Code of Criminal Procedure, 1898 (5 of 1898), relating

to searches shall, so far as those provisions can be made applicable, apply
to searches under this Act.

General Power of Seizure for Examination

If required, police personnel may seize the animal and produce the same
for examination by the nearest magistrate or by a veterinary officer. The
animal owner to accompany it to the place of examination.

Treatment and Care of Animals

The magistrate may direct that the animal concerned shall be treated and
cared for in a hospital, until it is fit to perform its usual work or is otherwise
fit for discharge, or that it shall be sent to a pinjrapole, or, if the veterinary
officer certifies that it is incurable or cannot be removed without cruelty,
that it shall be destroyed.

An animal sent for care and treatment shall not be released from such place
except upon a certificate of its fitness for discharge issued by the veterinary
officer.

The cost of transporting the animal to an infirmary or pinjrapole, and of its

maintenance and treatment in an infirmary, shall be payable by the owner
of the animal in accordance with a scale of rates.

35
Animal Welfare Laws If the owner refuses or neglects to remove the animal within such time, the
magistrate may direct that the animal be sold and that the proceeds of the
sale be applied to the payment of such cost. The surplus, if any, of the
proceeds of such sale be paid to owner.

Limitation of Prosecutions
A prosecution for an offence against this Act shall not be instituted after
the expiration of three months from the date of the commission of the offence.

Delegation of Powers
The Central Government may direct that all or any of the powers exercisable
by it under this Act, may, subject to such conditions as it may think fit to
impose, be also exercisable by any State Government.

Power to Make Rules

The Central Government make rules to carry out the purposes of this Act for all
or any of the following matters:

Conditions of service of members of the Board, the allowances payable to

them and the manner in which they may exercise their powers and discharge
their functions.

The manner in which the persons to represent municipal corporations are

to be elected.

The maximum load (including any load occasioned by the weight of

passengers) to be carried or drawn by any animal.

The conditions to be observed for preventing the over-crowding of animal.

The period during which, and the hours between which, any class of animals
shall not be used for draught purposes.

Prohibiting the use of any bit or harness involving cruelty to animals.

The other methods of destruction of stray dogs.

Requiring persons carrying on the business of a farrier to be licensed and

registered by such authority as may be prescribed and levying a fee for the
purpose

Precautions to be taken in the capture of animals for purposes of sale, export

or for any other purpose, and the different appliances or devices that may
alone be used for the purpose; and the licensing of such capture and the
levying of fees for such licences.

The precautions to be taken in the transport of animals, whether by rail,

road, inland waterway, sea or air and the manner in which and the cages or
other receptacles in which they may be so transported.

Requiring persons owning or in charge of premises in which animals are

kept or milked to register such premises.

36
 Committee constituted for the registration of persons or institutions carrying Prevention of Cruelty to
Animals Act, 1960
on experiments on animals or for any other purpose.

Repeal of Act 11 of 1890

Where in pursuance of a notification, any provision of the Prevention of
Cruelty to Animals Act, 1890 (11 of 1890), shall thereupon stand repealed.

2.8 AMENDMENTS TO THE PCA ACT -

KARNATAKA AND MAHARASHTRA
The amendments to the PCA Act (1960) made by Karnataka and Maharashtra
State governments are briefly summarised in Box 2.3.

Box 2.3: State Amendments to the PCA Act (1960)

Definitions
Karnataka (2018)

Bulls races or bullock cart races are traditional sports whether tied to
cart with the help of wooden yoke or not, normally held as a part of
tradition and culture in the state on such days and places, as may be
notified by the State Government.

Kambala means the traditional sports event involving buffalo’s (male)

race, normally held as part of tradition and culture in the state on such
days and places, as may be notified by the State Government.

Maharashtra (2017)

Bullock cart race means an event involving bulls or bullocks to conduct

a race, whether tied to a cart with the help of wooden yoke or not, with
or without cartman with a view to follow tradition and culture on such
days and in any district where it is being traditionally held at such places,
as may be previously approved by the District Collector, and also known
as ‘Bailgada Sharyat’, ‘Chhakadi’ and ‘Shankarpat’ in the state of
Maharashtra.
Duties of Persons Having Charge of Animals
Karnataka (2018)
Conduct of ‘Kambala’ or ‘Bulls race’ or ‘Bullock cart race’ shall be
permitted, subject to the condition that no unnecessary pain or suffering
is caused to the animals, by the person incharge of the animals, and
subject to such other conditions as may be specified by the State
Government, by notification.

Maharashtra (2017)

The bullock cart race may be conducted with the prior permission of the
Collector, subject to the condition that no pain or suffering is caused to
the animal by any person or person incharge of the animal, subject to the
such other conditions as may be specified by the State Government.
37
Animal Welfare Laws
If any person or person incharge of the animals conducts bullock cart
race in contravention of the conditions and cause pain or suffering to the
animal, he shall be punished with a fine up to Rs. 5 Lakhs or imprisonment
of a term up to three years.
Procedures that are not Considered as Cruelty /Exemptions
Karnataka (2018)
The conduct of ‘Kambala’ with a view to follow and promote tradition
and culture and ensure preservation of native breed of buffaloes as also
their safety, security and wellbeing.
The conduct of ‘Bulls race’ or ‘Bullock cart race’ with a view to follow
and promote tradition and culture and ensure preservation of native breed
of buffaloes as also their safety, security and wellbeing.
Maharashtra (2017)
The conduct of ‘bullock cart race’ or participation therein with a view
to follow and promote tradition and culture and ensure preservation of
native breed of bulls as also their purity, safety, security and wellbeing.
Performing Animals
Karnataka (2018)
Nothing shall apply to conduct of ‘Kambala’ or ‘Bulls race’ or ‘Bullock
cart race’.

Maharashtra (2017)
Nothing shall apply to conduct of ‘Bullock cart race’.
Miscellaneous - Saving as Respects Manner of Killing Prescribed by
Religion
Karnataka (2018)
‘Kambala’ or ‘Bulls race’ or ‘Bullock cart race’ conducted to follow and
promote tradition and culture and such conduct of shall not be an offence.

Maharashtra (2017)

‘Bullock cart race’ conducted to follow and promote tradition and culture
and such conduct of shall not be an offence.
Check Your Progress 3
Note: a) Use the spaces given below for your answers.
b) Check your answer with those given at the end of the unit.
1) Expand CPCSEA and write its importance.
.......................................................................................................................
.......................................................................................................................
.......................................................................................................................
.......................................................................................................................
38
2) Give four examples for performing animals. Prevention of Cruelty to
Animals Act, 1960
.......................................................................................................................
.......................................................................................................................
.......................................................................................................................
.......................................................................................................................
.......................................................................................................................

3) List out the animals that are banned from being used as performing animals.
.......................................................................................................................
.......................................................................................................................
.......................................................................................................................
.......................................................................................................................
.......................................................................................................................

4) How zoos are having bears and lions which are banned under performing
animals?
.......................................................................................................................
.......................................................................................................................
.......................................................................................................................
.......................................................................................................................
.......................................................................................................................
.......................................................................................................................

2.9 LET US SUM UP

We discussed the background and an overview on the Prevention of Cruelty
to Animals Act, 1960, and the different chapters/sections covered in it.

Animal Welfare Board of India (AWBI) plays a significant role in the

promotion of animal welfare generally and for the purpose of protecting
animals from being subjected to unnecessary pain or suffering, in particular.

Special emphasis was given on the subjects related to treating animals

cruelly, penalty for practising Phooka or doom dev and destruction of
suffering animals.

The role and functions of Committee for the Purpose of Control and
Supervision of Experiments on Animals (CPCSEA) are discussed.

The amendments to PCA Act (1960) made by Karnataka and Maharashtra

states related to conduct of Kambala and Bull / Bullock / Buffalo cart races
are covered.
39
Animal Welfare Laws
2.10 KEYWORDS
Euthanasia: The act or practice of killing or permitting the death of terminally
sick or injured persons or domestic animals in a relatively painless way.

Humane: Characterized by tenderness, compassion, and sympathy for people

and animals, especially for the suffering or distressed.

Infirmity: Physical or mental weakness; illness, especially for long periods or

because of old age.

Muzzle: An object that is put over a dog’s nose and mouth so that it cannot bite
people or make a noise.
Ramp: A sloping surface between two places that are at different levels.
Stray: Having no home or having wandered away from home.
Tame: Changed from a wild to a domesticated state; not dangerous or frightened
of people; domesticated.

2.11 BIBLIOGRAPHY AND FURTHER READING

Mitra, P.P. (2016). Wild Animal Protection Laws in India, Lexis Nexis, Gurgaon.
Mitra, P.P. (2019). An Introduction to Animal Laws in India, Thomson Reuters,
Gurgaon.

Prevention of Cruelty to Animals Act, 1960 along with allied Rules. (2015).
Professional Book Publishers.

Patel, B.H.M., Prasanna, S.B. and Gouri, M.D. (2015). Animal Welfare and
Management. New India Publishing Agency.
Web Resource
Animal Welfare Board of India http://www.awbi.in/policy_acts_rules.html

2.12 SELF ASSESSMENT EXERCISES

1) Discuss the salient features of Prevention of Cruelty to Animal Act, 1960.
2) Why Animal Welfare Board of India was set up?
3) Discuss the amendments carried out by Karnataka and Maharashtra.

2.13 ANSWERS / HINTS TO CHECK YOUR

PROGRESS
Check Your Progress 1

1) The objectives of PCA Act, 1960 are to prevent the infliction of unnecessary
pain or suffering on animals and to amend the law relating to the prevention
of cruelty to animals.

2) The major provisions/sections covered under this Act include: Preliminary

(Chapter I); Animal Welfare Board of India (Chapter II); Cruelty to Animals
40
 Generally (Chapter III); Experimentation on Animals (Chapter IV); Prevention of Cruelty to
Animals Act, 1960
Performing Animals (Chapter V); and Miscellaneous (Chapter VI).

3) To keep the law in force in India for the prevention of cruelty to animals,
to advise the Government on the making of rules with a view to preventing
unnecessary pain or suffering to animals, to advise on improvements in the
design of vehicles so as to lessen the burden on draught animals, to take
steps for, the construction of sheds, water-troughs and veterinary assistance
to animals etc.

Check Your Progress 2

1) The actions like beating, kicking, over- riding, over driving, overloading
or torturing the animals are considered as acts of “cruelty to animals”.

2) Procedures that are done on animals by registered veterinarian or the

destruction of stray dogs in lethal chambers by approved methods without
infliction of pain or suffering to animals are not considered as cruelty to
animals.

3) “Phooka” or “doom dev” is a process of introducing air or any substance

into the female organ of a milch animal with the object of drawing off from
the animal any secretion of milk and is punishable under cruelty to animals.

4) Magistrate, commissioner of police or district superintendent of police can

direct destruction of animals.

Check Your Progress 3

1) CPCSEA stands for Committee for Purpose of Control and Supervision of

Experiments on Animals. The Committee should take all such measures to
ensure that animals are not subjected to unnecessary pain or suffering before,
during or after the performance of experiments on them.
2) Horse, rabbit, dog, camel, emu are examples for performing animals.
3) Bear, lion, tiger, panther, monkey are banned from using as performing
animals.
4) Zoo maintains the animals for educational or scientific purposes and hence
are exempted from ban on keeping the performing animals.

41
Animal Welfare Laws
UNIT 3 WILDLIFE (PROTECTION) ACT,
1972
Structure
3.1 Learning Outcomes
3.2 Introduction
3.2.1 Definitions
3.2.2 Schedules
3.3 National Board for Wildlife
3.3.1 Functions
3.4 Hunting of Wild Animals and Protection of Specified Plants
3.4.1 Hunting of Wild Animals
3.4.2 Protection of Specified Plants
3.5 Protected Areas
3.5.1 Sanctuaries
3.5.2 National Parks
3.5.3 Conservation Reserve Management
3.5.4 Community Reserve Management
3.5.5 Tiger Reserves
3.6 Central Zoo Authority of India
3.7 National Tiger Conservation Authority (NTCA)
3.8 Trade or Commerce in Wild Animals, Animal Articles and Trophies
3.9 Let Us Sum Up
3.10 Keywords
3.11 Bibliography and Further Reading
3.12 Self Assessment Exercises
3.13 Answers / Hints to Check Your Progress

3.1 LEARNING OUTCOMES

a) Knowledge and Understanding: When you have studied this Unit, you
will be able to:
Understand the constitutional provisions and history of wildlife
legislation
Explain the functions of National Board for Wildlife and Central Zoo
Authority.
b) Practical and Professional Skills: When you have studied this Unit, you
will be able to:
Discuss the salient features of Wildlife (Protection) Act and different
schedules covered.

42
 Wildlife (Protection) Act,
3.2 INTRODUCTION 1972

Dear Learners,
In the previous unit, you learnt about the PCA Act. In this unit, you will be
introduced to another important act i.e. Wildlife (Protection) Act (WPA). On
August 21, 1972, Government of India passed an Act (No. 53 of 1972) to provide
for the protection of wild animals, birds and plants and to ensure the ecological
and environmental security of the country. This Act is called The Wildlife
(Protection) Act, 1972, which is an umbrella act to protect wild flora and fauna.
This Act includes provisions for protection of plants and animals, hunting,
harvesting and various other ancillary matters connected to it. It has six schedules
which extend to the whole of India. The Act was amended in 2003 and 2017.

Objectives of The Wildlife (Protection) Act, 1972

Prevent the hunting of wild animals and various species of birds and punish
the violators of rules and regulations.
Protect the endangered species.
Provide shelter and protection to the wild flora and fauna.
Ban trade and commerce of certain protected species.
Preserve the diversity of flora and fauna of the country and to maintain a
healthy ecological balance.
The constitutional provisions for the Wildlife Act and history of wildlife protection
legislation in India are summarised in Box 3.1 for your comprehension.

Box 3.1: Constitutional Provisions and History of Legislation

Constitutional Provisions for the Wildlife Act
Article 48A of the Constitution of India directs the State to protect and
improve the environment and safeguard wildlife and forests.

Article 51A imposes fundamental duties to protect and improve the

natural environment including forests, lakes, rivers, and wildlife and to
have compassion for living creatures.
History of Wildlife Protection Legislation in India
Wild Birds Protection Act, 1887 - The law sought to prohibit the
possession and sale of specified wild birds that were either killed or
captured during a breeding session.

Wild Birds and Animals Protection Act, 1912 - This was amended in
1935 when the Wild Birds and Animals Protection (Amendment) Act
1935 was passed.

3.2.1 Definitions
Some of the common definitions referred to in this Act are:
Animal includes amphibians, birds, mammals and reptiles and their young, and
also includes, in the cases of birds and reptiles, their eggs.
43
Animal Welfare Laws Animal article means an article made from any captive animal or wild animal,
other than vermin, and includes an article or object in which the whole or any
part of such animal has been used, and ivory imported into India and an article
made from it.
Animal trap means any device designed to restrain or capture an animal.
Habitat means any land, water, vegetation which is a natural home of the wild
animals.
Livestock includes cows, buffalos, donkeys, goats, camels, sheep, pigs, mules,
yaks, bulls, horses and also their young ones.

Meat includes blood, bones, ligament, eggs, shell or carapace, fat and flesh with
or without skin, whether raw or cooked, of any wild animal or captive animal,
other than vermin.
Permit refers to permission granted under this act or any provisions or rules of
this Act.
Taxidermy means the curing, preparation or preservation or mounting of trophies.
Trophy means the whole or any part of any captive animal or wild animal, other
than vermin, which has been kept or preserved by any means, whether artificial
or natural, and includes:

a) rugs, skins and specimens of such animal mounted in whole or in part through
a process of taxidermy, and

b) antler, bone, carapace, shell, horn, rhinoceros’ horn, hair, feather, nail, tooth,
tusk, musk, eggs, nests and honeycomb

Uncured trophy means the whole or any part of any captive animal or wild
animal, other than vermin, which has not undergone a process of taxidermy, and
includes a freshly killed wild animal, ambergris, musk and other animal products.
Vermin means any wild animal specified in Schedule V.
Weapon includes ammunition, bows and arrows, explosives, firearms, hooks,
knives, nets, poison, snares and traps and any instrument or apparatus capable of
anaesthetizing, decoying, destroying, injuring or killing an animal.

Wild animal means any animal specified in Schedules I to IV and found wild in
nature.

Wild life includes any animal, aquatic or land vegetation which forms part of
any habitat.

Zoo means an establishment, whether stationary or mobile, where captive animals

are kept for exhibition to the public and includes a circus and rescue centres but
does not include an establishment of a licensed dealer in captive animals.

3.2.2 Schedules
Initially, there were six schedules in the Wildlife (Protection) Act, 1972. After
the amendment in the Act in 2003, one more schedule has been included and
there are seven schedules in the act now (Box 3.2).
44
 Wildlife (Protection) Act,
Box 3.2: Schedules of The Wildlife (Protection) Act, 1972 1972

Schedule I

Specifies endangered species which need rigorous and absolute protection.

Species under this Schedule are prohibited to be hunted and traded

throughout India, except under threat to human life.
Invites harshest penalties for violation of the law.
Species covered are categorized under different parts viz. mammals
(blackbuck, indian lion, tiger); amphibians and reptiles (agra monitor
lizard, crocodiles); fishes (whale shark, sea horse); birds (peafowl,
vultures); crustaceans and insects (butterflies, moths); coelenterates (reef
building coral), mollusca; sea cucumber.

Schedule II
Specifies species which need high protection.
Trade prohibited, cannot be hunted except under threat to human life.
Examples: Assamese macaque, salamander, beetles, civets, otters, indian
cobras, king cobra, mongooses etc.

Schedule III
Specifies species which are not endangered and includes protected
species.
Penalty for violators is less compared to Schedules I and II.
Examples: Barking deer, hyena, Nilgai, wild pig etc.
Schedule IV
Specifies species which are not endangered and includes protected
species.
Examples: Hares, Indian porcupine, birds like crane, cuckoos etc.
Schedule V
Specifies animals/birds which can be hunted.
Examples: Common crow, fruit bats, mice, rat.
Schedule VI
Specifies plants whose cultivation is prohibited.
Examples: Blue vanda, red vanda, pitcher plant, etc.
Schedule VII
Covers species of flora and fauna for purposes of regulation of
international trade under “Convention on International Trade in
Endangered Species of Wild Fauna and Flora” (CITES).

Examples: Bovidae (antelopes, cattle, duikers, gazelles, goats, sheep etc.);

Camelidae (guanaco, vicuna); Cervidae (deer, muntjacs, pudus); Canidae
45
Animal Welfare Laws
(Bush dog, foxes, wolves); Felidae (cats); Primates (apes, monkeys); Birds
like hornbills, eagles, doves, guinea fowl, partridges, pheasants; Reptiles
(Alligators, caimans, crocodiles, snakes); few species of amphibians, Sharks,
butterflies, mussels; plant species like many species of cacti, aloe, orchids,
palms

3.3 NATIONAL BOARD FOR WILDLIFE

As per the provision under Chapter II, Section 5A of the Wildlife (Protection)
Act, 1972, Government of India constituted The National Board for Wildlife
(NBWL) as a statutory body to promote the conservation and development of
wildlife and forests. It is an apex body and advisory board mandated to offers
advice to the central government on issues of wildlife conservation in India and
to review and approve all matters related to wildlife, projects of national parks,
sanctuaries, etc. The board is chaired by the Prime Minister and its vice chairman
is Minister of Environment. There are 47 members in the Board comprising of
15 non-government members (NGOs, eminent conservationists, ecologists and
environmentalists), 29 ex-officio members and government officials (Parliament
Members; Chief of the Army Staff; Director General of Forests, Tourism etc.;
Director of WII, ZSI, BSI, IVRI, etc.; Director of Wild Life Preservation;
Secretaries of various departments; representatives from ten States and Union
territories, by rotation).

3.3.1 Functions
The main function of the Board is to promote the conservation and development
of wildlife and forests (Box 3.3).

Box 3.3: Functions of the National Board for Wildlife

1) To promote the conservation and development of wildlife and forests by
such measures as it thinks fit; and
2) To suggest measures as it thinks fit for:
a) framing policies and advising the Governments on promoting wild
life conservation, controlling poaching and illegal trade of wild life
and its products;
b) making recommendations on the setting up of national parks,
sanctuaries and other protected areas;
c) carrying out impact assessment of various projects on wildlife or its
habitats;
d) reviewing the progress of wild life conservation in the country; and
e) preparing and publishing a status report at least once in two years
on wildlife in the country.

Before we proceed, please complete activity 1.

46
 Wildlife (Protection) Act,
Activity 1: From the internet or library resources, gather information regarding 1972
different sections and amendments of the Wildlife Protection Act. Write the
key points.
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Check Your Progress 1
Note: a) Use the spaces given below for your answers.
b) Check your answer with those given at the end of the unit.
1) What are the main objectives of Wildlife (Protection) Act, 1972?
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2) How many Schedules are there in the act and which Schedule lists the
endangered species which need rigorous protection?
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3) Why National Board for Wildlife was set up?

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47
Animal Welfare Laws
3.4 HUNTING OF WILD ANIMALS AND
PROTECTION OF SPECIFIED PLANTS
Chapter 3 of the WPA deals with the various aspects about hunting of wild animals
viz. prohibition of hunting, permitted hunting of wild animals in certain cases,
grant of permit for special purposes and protection of specified plant.

3.4.1 Hunting of Wild Animals

No person shall hunt any wild animal specified in Schedules I, II, III and IV.
However, hunting of wild animals is permitted in certain cases:

1) Any wild animal that has become dangerous to human life or to property
(including standing crops on any land) or is so disabled or diseased may be
permitted by Chief Wild Life warden to hunt such animal or group of animals
in a specified area.

2) The killing or wounding of any wild animal in defence of oneself or of any

other person shall not be an offence.

3) Any wild animal killed or wounded in defence of any person shall be

Government property.

The specified special purposes to grant permit to hunt wild animals are
summarised in Box 3.4

Box 3.4: Grant of Permit for Special Purposes

Chief Wildlife Warden can permit person, on payment of such fee as may be
prescribed, which shall entitle the holder of such permit to hunt wild animal
specified in such permit, for the purpose of:
a) Education
b) Scientific research
Scientific management which includes:
o Translocation of any wild animals to an alternative suitable habitat;
or
o Population management of wildlife, without killing or poisoning or
destroying any wild animals.
c) Collection of specimens
For recognised zoos
For museums and similar institutions;
d) Derivation, collection or preparation of snake-venom for the manufacture
of life saving drugs.

3.4.2 Protection of Specified Plants

a) Prohibition of picking, uprooting, etc. of specified plant.
The following actions are prohibited in the forest area:
48
 Wilfully pick, uproot, damage, destroy, acquire or collect any specified plant Wildlife (Protection) Act,
1972
from any forest land and any area specified, by notification, by the Central
Government;

Possess, sell, offer for sale, or transfer by way of gift or otherwise, or transport
any specified plant, whether alive or dead, or part or derivative.

This Act permits the Member of a scheduled tribe to pick, collect or possess in
the district he resides any specified plant or part or derivative for his bonafide
personal use.

b) Grants of permit for special purposes

The Chief Wildlife Warden with the previous permission of the State Government
can grant permission to any person to pick, uproot, acquire or collect from a
forest land or transport, any specified plant for the purpose of:
Education
Scientific research
Collection, preservation and display in a herbarium of any scientific
institution; or
Propagation by a person or an institution approved by the Central
Government in this regard.
c) Cultivation of specified plants without licence prohibited
Only those person permitted by The Chief Wildlife Warden or any other
officer authorised by the State Government in this behalf can cultivate a
specified plant within the forest area.

d) Others
Dealing in specified plants without licence is prohibited.

Every person cultivating, or dealing in, a specified plant or part or derivative

thereof shall have to declare to the Chief Wildlife Warden or any other
officer authorised by the State Government in this behalf.

No person shall purchase, receive or acquire any specified plant or part or

derivative thereof otherwise than from a licensed dealer:

Every specified plant or part or derivative thereof shall be the property of

the State Government, and, where such plant or part has been collected
from a sanctuary or National Park declared by the Central Government,
such plant or part shall be the property of the Central Government.
Check Your Progress 2
Note: a) Use the spaces given below for your answers.
b) Check your answer with those given at the end of the unit.
1) can hunting of wild animals be done for entertainment?
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49
Animal Welfare Laws .......................................................................................................................
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2) List out three reasons for which permission can be granted for collection of
plants from forest.
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3.5 PROTECTED AREAS

The ‘Protected Areas’ covering the Sanctuaries, National Parks, Conservation/
Community Reserves and Tiger Reserves are notified under Chapter IV of the
Act.

3.5.1 Sanctuaries
Sanctuary refers to a special area / location where wild animals live in a natural
environment protected from people. The different points covered under the
Sanctuaries are:

a) Declaration of Sanctuary
The State Government may declare any area as a sanctuary if it considers that
such area is of adequate ecological, faunal, floral, geo-morphological, natural or
zoological significance, for the purpose of protecting, propagating or developing
wildlife or its environment. Further, the State Government shall issue a notification
specifying the limits of the area and from such date as may be specified in the
notification.
b) Restriction on Entry in Sanctuary
1) Entry is permitted only to:
a) A public servant on duty
b) A person who has been permitted by the Chief Wildlife Warden or
the authorised officer to reside within the limits of the sanctuary
c) A person who has any right over immovable property within the
limits of the sanctuary
d) A person passing through the sanctuary along a public highway,
and
e) The dependants of the person referred to above.
2) Every person residing in the sanctuary is bound to:
a) Prevent the commission, in the sanctuary, of an offence against
50 this Act
 b) Help in discovering and arresting the offender Wildlife (Protection) Act,
1972
c) Report the death of any wild animal and to safeguard its remains
until the authorised officer takes charge thereof

d) Extinguish any fire in such sanctuary and

e) Assist any forest officer in the investigation of any such offence

3) Damage to any boundary-mark of a sanctuary or make wrongful gain, alter,

destroy, move or deface such boundary-mark are not permitted

4) Actions like teasing or molesting any wild animal or littering the grounds
of sanctuary are not permitted

c) Grant of Permit
The Chief Wildlife Warden can grant permission to person to enter or reside in a
sanctuary for all or any of the following purposes:
Investigation or study of wildlife
Photography
Scientific research
Tourism
Transaction of lawful business with any person residing in the sanctuary.
A permit to enter or reside in a sanctuary shall be issued subject to such conditions
and on payment of such fee as may be prescribed.

d) Destruction in a Sanctuary Prohibited Without a Permit

Destruction, exploitation or removal of wildlife from the sanctuary or destruction
or damaging the habitat of any wild animal is prohibited. When the State
Government gets satisfied that such destruction, exploitation or removal of
wildlife from the sanctuary is necessary for the improvement and better
management of wildlife therein, the Wildlife Warden authorises the issue of permit
for the above actions.

e) Prohibition of Entry into Sanctuary with Weapon

Entering a sanctuary with any weapon is prohibited except with the previous
permission in writing of the Chief Wildlife Warden or the authorised officer.

f) Ban on Use of Injurious Substances

Use of chemicals, explosives or any other substances which may cause injury to,
or endanger, any wild life in sanctuary is banned.

3.5.2 National Parks

National Park may be defined as “an area set aside by the Government for
preservation of the natural environment of wild life”. It may be for the purposes
of public recreation and enjoyment or for its historical or scientific nature. Some
of the key points covered under the National Parks are:
51
Animal Welfare Laws An area, by reason of its ecological, faunal, floral, geomorphological or
zoological association or importance, can be constituted into a National
Park for the purpose of protecting, propagating or developing wild life
therein or its environment.

The provisions of sections in relation to sanctuary apply to National Park

also.

No grazing of any livestock shall be permitted in a National Park and no

livestock shall be allowed to enter therein except where such livestock is
used as a vehicle by a person authorised to enter such National Park.

No person shall destroy, exploit or remove any wildlife including forest

produce from a National Park or destroy or damage or divert the habitat of
any wild animal by any act whatsoever or divert, stop or enhance the flow
of water into or outside the National Park, except under and in accordance
with a permit granted by the Chief Wildlife Warden.

3.5.3 Conservation Reserve Management

The State Government may, after having consultations with the local communities,
declare any area owned by the Government particularly the areas adjacent to
National Parks and Sanctuaries and those areas which link one protected area
with another, as a conservation reserve for protecting landscapes, seascapes, flora
and fauna and their habitat. Conservation reserves are designated government-
owned land from where communities may earn subsistence, while community
reserves are on mixed government/private lands. The State Government shall
constitute a conservation reserve management committee to advise the Chief
Wildlife Warden to conserve, manage and maintain the conservation reserve.

3.5.4 Community Reserve Management

The State Government may, where the community or an individual has volunteered
to conserve wild life and its habitat, declare any private or community land not
comprised within a National Park, sanctuary or a conservation reserve, as a
community reserve, for protecting fauna, flora and traditional or cultural
conservation values and practices. Community reserves are the only privately-
held land accorded protection by the Government of India. The State Government
shall constitute a Community reserve management committee, which shall be
the authority responsible for conserving, maintaining and managing the
community reserve.

3.5.5 Tiger Reserves

These areas are reserved for the protection and conservation of tigers in India
declared on the recommendations of the National Tiger Conservation Authority
(NTCA).

3.6 CENTRAL ZOO AUTHORITY OF INDIA

A separate chapter (Chapter IVA) has been included in the Wildlife (Protection)
Act for the establishment of Central Zoo Authority (CZA). Consequently, the
Authority was set up in the year 1992 with a Chairman, ten members and a
52
Member Secretary. It is a statutory body under the MoEFCC. The main objective Wildlife (Protection) Act,
1972
of the authority is to complement and strengthen the national effort in conservation
of rich biodiversity. Recently, the Ministry has reconstituted the Central Zoo
Authority to include an expert from the School of Planning and Architecture,
Delhi and a Molecular Biologist.

The major functions of CZA are to provide recognition to zoos and regulate the
zoos across the country; lay down guidelines and prescribe rules under which
animals may be transferred among zoos nationally and internationally; and
coordinate and implement programmes on capacity building of zoo personnel,
planned breeding programmes and ex-situ research. Other functions are to:

a) specify the minimum standards for housing, upkeep and veterinary care of
the animals kept in a zoo;

b) evaluate and assess the functioning of zoos with respect to the standards or
the norms as may be prescribed;
c) recognise or derecognise zoos;
d) identify endangered species of wild animals for purposes of captive breeding
and assigning responsibility in this regard to a zoo;

e) co-ordinate the acquisition, exchange and loaning of animals for breeding

purposes;

f) ensure maintenance of stud-books of endangered species of wild animals

bred in captivity;

g) identify priorities and themes with regard to display of captive animals in a

zoo;
h) co-ordinate training of zoo personnel in India and outside India;
i) co-ordinate research in captive breeding and educational programmes for
the purposes of zoos;

j) provide technical and other assistance to zoos for their proper management
and development on scientific lines; and

k) perform such other functions as may be necessary to carry out the purposes
of this Act with regard to zoos.

3.7 NATIONAL TIGER CONSERVATION

AUTHORITY (NTCA)
In line with the CZA, a separate chapter (Chapter IVB) has been included in the
Wildlife (Protection) Act for establishment of NTCA. It is a statutory body
established in December 2005 under the Ministry of Environment, Forests and
Climate Change for strengthening tiger conservation, as per powers and functions
assigned to it under the said Act.
The objectives of NTCA are to:
a) Provide statutory authority to Project Tiger so that compliance of its
directives becomes legal. 53
Animal Welfare Laws b) Foster accountability of Centre-State in management of Tiger Reserves, by
providing a basis for MoU with States within the federal structure.
c) Provide for an oversight by Parliament.
d) Address livelihood interests of local people in areas surrounding Tiger
Reserves.

Before we proceed, please complete activity 2.

Activity 2: Visit a nearby Forest Department and collect the information on

various permits they issue. What are the monitoring mechanisms they follow
to prevent misuse of permits?
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Check Your Progress 3
Note: a) Use the spaces given below for your answers.
b) Check your answer with those given at the end of the unit.
1) Who are permitted to enter a sanctuary?
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2) What is the difference between Conservation Reserve and Community

Reserve?
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54
3) List three functions of Central Zoo Authority of India Wildlife (Protection) Act,
1972
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3.8 TRADE OR COMMERCE IN WILD ANIMALS,

ANIMAL ARTICLES AND TROPHIES
Chapter V of the WPA discusses about the trade or commerce in wild animals,
animal articles and trophies.

a) Government Property
(1) Every animal or any animal article, trophy, uncured trophy or meat, vehicle,
weapon, trap or tool that has been used for committing an offence and has been
seized under the provisions of this Act shall be the property of the Central
Government (Fig. 3.1).

Fig. 3.1: Wild life trophies (Source: Hindustan Times, 1st May, 2017; 26th
March 2018)
2) Any person who obtains, by any means, the possession of Government
property, shall, within 48 hours from obtaining such possession, make a
report as to the obtaining of such possession to the, nearest police station or
the authorised officer and shall, if so required, hand over such property to
the officer-in-charge of such police station or such authorised officer, as
the case may be. 55
Animal Welfare Laws 3) No person shall, without the previous permission in writing of the Chief
Wildlife Warden or the authorised officer:
acquire or keep in his possession, custody or control, or
transfer to any person, whether by way of gift, sale or otherwise, or
destroy or damage, such Government property.
b) Restriction on Transportation of Wildlife
No person shall accept any wild animal or specified plant or derivative for
transportation except after ascertaining that permission from the Chief Wildlife
Warden or any other officer authorised by the State Government has been obtained
for such transportation.

c) Purchase of Captive Animal, etc., by a Person other than a Licensee

No person shall purchase, receive or acquire any captive animal, wild animal,
other than vermin, or any animal article, trophy, uncured trophy or meat derived
there from otherwise than from a dealer or from a person authorised to sell or
otherwise transfer the same under this Act.

d) Prevention and Detection of Offences

Chapter VI of the Act deals with the various aspects of prevention and detection
of offences like power of entry, search, arrest and detention, penalties, attempts
and abetment, punishment for wrongful seizure, offences by companies and
forfeiture of property derived from illegal hunting and trade.
Check Your Progress 4
Note: a) Use the spaces given below for your answers.
b) Check your answer with those given at the end of the unit.
1) A person is in possession of ivory imported from a foreign country -
Comment.
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2) Who has authority to transport wild animals?

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56
Before we proceed, please complete activity 3. Wildlife (Protection) Act,
1972
Activity 3: In continuation of Activity 2, discuss with the Forest Department
officials about the ‘Wildlife Trophies’ and write your observations / findings
on the following:

a) Certifying Scheme for Wildlife Trophies

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b) Procedure for Certification of Wildlife Trophies

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c) Demerits in Certification of Wildlife Trophies

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3.9 LET US SUM UP

We discussed the salient features of The Wild Life (Protection) Act, 1972,
and the different chapters/sections and Schedules covered in it.

National Board for Wildlife (NBWL) is a statutory body to promote the

conservation and development of wildlife and forests.

We covered various aspects related to hunting of wild animals and protection

of specified plants.

We discussed different protected areas viz. Sanctuaries and National Parks

and various provisions related to trade or commerce in wild animals, animal
articles and trophies are also dealt with. 57
Animal Welfare Laws
3.10 KEYWORDS
Abetment: The act of instigating, encouraging or promoting a person into
committing an offence.

Endangered species: A species that is very likely to become extinct in the near
future, either worldwide or in a particular jurisdiction.

Fauna: The animals of a particular region, habitat, or geological period.

Flora: The plants of a particular region, habitat, or geological period.

Protected Species: A species of animal or plant which it is forbidden by law to

harm or destroy.

Schedule: It is a part of an act that contains extra information that has not been
written in the body of the main legislative document. It is an appendix attached
to an act.

3.11 BIBLIOGRAPHY AND FURTHER READING

Lawmann’s Wildlife (Protection) Act, 1972 - Bare Act 2020 Edition. (2020).
Lawmann Publishers.
Mitra, P.P. (2016). Wild Animal Protection Laws in India, Lexis Nexis, Gurgaon.
Mitra, P.P. (2019). An Introduction to Animal Laws in India, Thomson Reuters,
Gurgaon.

Patel, B.H.M., Prasanna, S.B. and Gouri, M.D. (2015). Animal Welfare and
Management. New India Publishing Agency.

Wildlife (Protection) Act, 1972 along with allied Rules. (2014). Professional
Book Publishers.
https://byjus.com/free-ias-prep/wildlife-protection-act-1972/
http://envfor.nic.in
https://parivesh.nic.in/writereaddata/WildlifeProtectionAmendmentBill2013.pdf

3.12 SELF ASSESSMENT EXERCISES

1) Discuss the salient features of Wildlife (Protection) Act, 1972.
2) What are the functions of National Board of Wildlife?
3) Differentiate between Sanctuaries and National Parks.
4) What are the functions of Central Zoo Authority of India?

3.13 ANSWERS / HINTS TO CHECK YOUR

PROGRESS
Check Your Progress 1
1) Prevent the hunting of wild animals, various species of birds; protect the
58 endangered species; provide shelter and protection to the wild flora and
 fauna; ban trade and commerce of certain protected species; to preserve the Wildlife (Protection) Act,
1972
diversity of flora and fauna of the country and to maintain a healthy
ecological balance.

2) There are seven Schedules in the WPA and Schedule I lists the endangered
species which need rigorous protection.

3) National Board of Wildlife is an apex statutory and advisory body to promote

the conservation and development of wildlife and forests.
Check Your Progress 2
1) Hunting of any wild animals is PROHIBITED under Wildlife (Protection)
Act, 1972. Hence, hunting of wild animals for entertainment is punishable
under law.

2) Permission may be granted for collection of plants from forest for education,
scientific research, collection, preservation and display in a herbarium of
any scientific institution and propagation by a person or an institution
approved by the Central Government.
Check Your Progress 3
1) The persons who can enter a sanctuary include a public servant on duty, a
person who has been permitted by the Chief Wildlife Warden or the
authorised officer to reside within the limits of the sanctuary, a person who
has any right over immovable property within the limits of the sanctuary, a
person passing through the sanctuary along a public highway, and the
dependants of the person referred to above.

2) Conservation Reserves are designated government-owned land from where

communities may earn subsistence, while community Reserves are on mixed
government/private lands. Whereas, Community reserves are the only
privately-held land accorded protection by the Government of India.

3) The functions of the Central Zoo Authority are to specify the minimum
standards for housing, upkeep and veterinary care of the animals kept in a
zoo, recognise or derecognise zoos, and identify endangered species of wild
animals for purposes of captive breeding and assigning responsibility in
this regard to a zoo.
Check Your Progress 4
1) Ivory obtained from India or imported is the property of Government of
India. If a person is having ivory without the permission of the Government,
he is punishable under law.

2) The Wildlife Warden or any other officer authorised by the State Government
has the authority to transport wild animals. A person can transport wild
animal if he obtains permission from The Wildlife Warden or any other
officer authorised by the State Government.

59
Animal Welfare Laws
UNIT 4 PREVENTION AND CONTROL OF
INFECTIOUS AND CONTAGIOUS
DISEASES IN ANIMALS ACT, 2009
Structure
4.1 Learning Outcomes
4.2 Introduction
4.3 The PCID Act, 2009
4.3.1 Chapter I: Preliminary
4.3.2 Chapter II: Control of Scheduled Diseases
4.3.3 Chapter III: Infected Areas
4.3.4 Chapter IV: Infected Animals
4.3.5 Chapter V: Enforcement and Penalties
4.3.6 Chapter VI: Pracautionary Measures on Causative Organism
4.3.7 Chapter VII: Miscellaneous
4.4 The Schedule Diseases
4.5 Let Us Sum Up
4.6 Keywords
4.7 Bibliography and Further Reading
4.8 Self Assessment Exercises
4.9 Answers/ Hints to Check Your Progress

4.1 LEARNING OUTCOMES

a) Knowledge and Understanding: After studying this Unit, you will be
able to:
Differentiate between infectious and contagious disease.
Explain the roles and responsibilities of Veterinary Officer/Veterinarian
in the prevention and control of animal/bird diseases.
b) Practical and Professional Skills: After studying this Unit, you will be
able to:
Discuss the salient features of the PCID Act, 2009.

4.2 INTRODUCTION
Dear learner,
A disease is a condition of non-ease that requires immediate attention so that it is
cured quickly after removing the underlying cause of the disease. A disease is
called as (infectious) when it is capable of spreading to other animals in its vicinity.
A disease is called as infectious when it becomes communicable in any manner.
A disease is called as “contagious” when it becomes communicable by close
contactor inoculation. All contagious diseases are infectious, but not all infectious
diseases are contagious. Disease control programmes have been developed in
parallel with the increase in animal production in order to improve animal health,
60 animal welfare and the production of healthy foods. This unit will introduce you
to ‘The Prevention and Control of Infectious and Contagious Diseases in Animals Prevention and Control of
Infectious and Contagious
Act, 2009 (PCID Act)’ Diseases in Animals Act, 2009

4.3 THE PCID ACT, 2009

The purpose of this Act is for the prevention, control and eradication of infectious
and contagious diseases affecting animals and their welfare. There are seven
chapters in this Act which are explained briefly hereunder.

4.3.1 Chapter I: Preliminary

The first chapter of the Act is the preliminary information which mainly consists
of two sections viz.short title, extent and commencement; and the common
definitions. The details are as follows:

Section 1: Short title, extent and commencement

This Act is called as “The Prevention and Control of Infectious and
Contagious Diseases in Animals Act, 2009”.

Section 2: Definitions
Animal - cattle, buffalo, sheep, goat, yak, mithun, dog, cat, pig, horse,
camel, mule, poultry, bees and any other animal or bird as the central
government may notify.

Check post- Place established by the Director to carry out checking of

animals for the purpose of this Act.

Competent officer- Any person of the Government notified as competent

officer under section 17.

Compulsory vaccination – Vaccination of any animal against scheduled

disease in respect of which vaccination is made mandatory under this Act.

Defective vaccine- Vaccine which is expired, breach in seal, contaminated,

improperly stored, unlabelled or with mutilated label.

Director- In relation to State Government –Any officer in-charge of the

Department of Animal Husbandry as notified for this purpose.

Free area- Any controlled area which has been declared under the Act.

Infected animal/area- An animal/area which is infected with any scheduled

disease.

Quarantine camp- Any place declared to carry out quarantine of animals

and birds for the purpose of this Act.

Veterinarian- A person having a recognised veterinary qualification who,

under the law for the time being in force, is allowed to treat animal diseases.

Veterinary officer- Any officer, appointed as such by the State Government

under clause (b) of section 3.

61
Animal Welfare Laws Village officer- In relation to a village, means any person who is authorised
or designated as such in accordance with the qualifications prescribed by
the State Government.

4.3.2 Chapter II: Control of Scheduled Diseases

Chapter II is about Controlling of Scheduled Diseases which is covered in 17
sections as follows:

Section 3: Appointment of veterinary officers

The State Government may, by notification, appoint veterinarians, as it
deems proper, to be veterinary officers, who shall exercise their powers
and discharge their duties within the local limits of their jurisdiction as
may be specified in the said notification.

Section 4: Reporting scheduled diseases obligatory

Every owner, or any other person, non-governmental organization, public
bodies or the village panchayat, in-charge of any animal which he/she or it
has reason to believe to be infective of a scheduled disease shall report the
fact to the village officer or village panchayat in-charge, who may report
the same in writing to the nearest available Veterinarian.

Where in any State there is any occurrence of scheduled disease in relation

to any animal, the Director shall send intimation to the Directors of the
States which are in the immediate neighbourhood of the place where there
is such occurrence, for taking appropriate preventive measures against the
spread of the disease.

Section 5: Duty to segregate infected animals

Every owner or person in-charge of an animal, which he/she has reason to
believe is infective of a scheduled disease, shall segregate such animal and
have it kept in a place away from all other animals which are healthy, and
take all possible steps to prevent the infected animal from coming in contact
with any other animal.

The owner or other person in-charge of, or having control over, the animal
referred to in sub-section (1) shall confine that animal and prevent it from
grazing in a common place or to drink water from any common source
including a vessel, pond, lake or river.

All other infected animals shall be segregated by the Municipality, Panchayat

or other local administration.

Section 6: Notification of controlled areas and free areas

The State Government may, with the object of preventing, controlling or
eradicating any scheduled disease, by notification, declare any area to be a
controlled area or affected area which indicates that the area is endemic
and disease is present and all animals need to be vaccinated there and when
the disease is no longer prevalent, it may, by notification, declare the area
to be a free area in respect of that disease in relation to the particular species
of animal.
62
 No animal of the species or of any other susceptible species with regard to Prevention and Control of
Infectious and Contagious
which it is a free area shall be allowed to enter the free area unless duly Diseases in Animals Act, 2009
immunized by vaccination against that particular disease.

Section 7: Prohibition of movement of animals from controlled area

Where a notification has been issued under sub-section (1) of section 6
declaring any area as a controlled area in relation to any disease affecting
any species of animals, no animal belonging to that species shall be moved
from the place where it is kept except for the purpose of vaccination.

Section 8: Vaccination, marking and issue of vaccination certificate

The vaccine to an animal may be administered by any person competent
under the law for the time being in force to administer it, and issue a
certificate of administration of vaccination and put a mark by branding,
tattooing or ear tagging, or in such other manner as the Director may, by
general or special order, direct and the same shall, unless otherwise specified
by the Director, shall not be removed.

Section 9: Contents of vaccination certificate

Every vaccination certificate issued under this Act shall be in such form
and shall contain such particulars as may be prescribed by the Central
Government.

Section 10: Entry and exit of animals into controlled area and free area
Where any area has been declared as a controlled area under sub-section
(1) of section 6 in respect of any disease affecting any species of animals,
no animal belonging to that species shall be taken out of, or brought into
that area save as provided in section 16.

Section 11: Precautionary measures in relation to controlled areas

No person shall take out of the controlled area:
o any animal, alive or dead, which is infected with, or reasonably suspected
to have been infected with, any scheduled disease notified under sub-
section (1) of section 6,

o any kind of fodder, bedding or other material which has come into contact
with any animal infected with such disease or could, in any manner,
carry the infection of the notified disease, or
o the carcass, skin or any other part or product of such animal.
Section 12: Prohibition of markets, fairs, exhibition, etc., in the controlled
areas

No person, organisation or institution shall hold any animal market, animal

fair, animal exhibition and carry on any other activity which involves
grouping or gathering of any species of animals within a controlled area.

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Animal Welfare Laws Section 13: Prohibition of bringing of infected animals into market and other
places

No person shall bring or attempt to bring into market, fair, exhibition or

other congregation of animals or to any public place, any animal which is
known to be infected with a scheduled disease.

Section 14: Check posts and quarantine camps

The Director may establish as many quarantine camps and check posts
within the State as may be required for:

o detention of animals suffering from any scheduled disease or of animals

which have come into contact with or have been kept in the proximity of
any such infected animal;

o ensuring the prevention of entry into or exit from any controlled area or
infected area or free area, of any animal belonging to the species of
animals in respect of which a notification, issued under sub-section (1)
of section 6, or an order issued under sub-section (2) of section 7, is in
force.

Any animal which is required to be detained, inspected, vaccinated, or

marked, may be kept in the quarantine camp for such period as the competent
officer may direct.

Every animal detained at a quarantine camp shall be under the custody of

the person in-charge of the camp, and shall be vaccinated and marked.

The officer in-charge of the quarantine camp shall, at the time of release of
an animal from the station, grant a permit, in such form as may be prescribed
by the State Government, to the person taking charge of the animal, and
every such person shall be bound to produce the permit whenever required
to do so by any competent officer.

Section 15: Inspection and detention of animals at check posts and quarantine
camps

Every person in-charge of any check post or quarantine camp shall inspect
any animal stopped at the check post, or detained therein or at the quarantine
camp.

Section 16: Entry and exit of vaccinated animals into controlled and free
areas

Notwithstanding anything contained in section 10, an animal belonging to

the species of animals in respect of which an area has been declared as a
controlled or free area in relation to any scheduled disease, which has been
duly vaccinated against that disease, shall be allowed to enter into or be
taken out of the controlled area or free area, or to be taken out of any other
place on the production of a certificate to the effect that vaccine against
that disease has been administered and a period of not less than twenty-one
days has elapsed thereafter.

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Section 17: Appointment of competent officers Prevention and Control of
Infectious and Contagious
The State Government may, for the proper implementation of the provisions Diseases in Animals Act, 2009

of this Act, by notification, authorise any person to exercise any power or

discharge any duty as a Competent Officer, under this Act, who shall exercise
such powers and such duties within the local limits of his jurisdiction as
may be specified in the notification.

Section 18: Cleaning and disinfection of carriers

Every common carrier whether a vessel or vehicle shall be cleaned and
disinfected immediately before and after the transportation of any animal
in that vessel or vehicle, and so also any other place where the animal has
been kept in transit.

Where any area has been declared as a controlled area or free area in respect
of any scheduled disease affecting any species of animal, the Director may,
by an order duly published in the Official Gazette and in a local newspaper
in the vernacular language, direct the owner of every vehicle in which any
animal belonging to that species is carried, to have the vehicle properly
cleaned and disinfected.

Section 19: Powers of entry and inspection

Any veterinary officer or other competent officer may enter upon and inspect
any land or building or place, vessel or vehicle, for the purpose of ensuring
compliance of the provisions of this Act or the rules or orders made there
under, by the persons responsible for such compliance.

4.3.3 Chapter III: Infected Areas

Third chapter of the Act mainly focusses on various aspects of the infected areas
covered in three sections.

Section 20: Declaration of infected areas

If the veterinary officer, upon receipt of a report from a veterinarian or
otherwise, is satisfied that, in any place or premises falling within his
jurisdiction, an animal has been infected with any scheduled disease, or
that an animal, which he/she has reason to believe has been so infected, is
kept, may, by notification and publication in at least one local newspaper in
the vernacular language and by declaration in loud voice and by beating
drums, declare such area as he/she may deem fit (including the place or
premises aforesaid) to be an infected area.

Section 21: Effect of declaration of infected areas

Where an area has been declared as an infected area under section 20, all
provisions of this Act which are applicable in relation to a controlled area
shall mutatis mutandis apply thereto as if for the words “controlled area”,
the words “infected area” have been substituted.

Without prejudice to the generality of the provisions contained in sub-section

(1), the following further provisions shall apply in relation to an infected
area, namely:
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Animal Welfare Laws o In respect of every animal in that area which is infected or reasonably
believed to be infected, with any scheduled disease, the owner or other
person in charge of the animal, shall forthwith get it treated by a
veterinarian;
o All articles, which are likely to have come into contact with any animal
referred to in clause (a), shall be treated or disposed off in such a manner
as the Veterinarian may direct;
o Every veterinarian shall, for the purpose of inspection, have the power
to enter any place or premises where any animal is kept or is likely to be
kept;
o The owner or any other person in charge of the animal referred to in
clause (a) shall keep the animal in isolation forthwith, and also take
such other measures as may be necessary for the prevention, treatment
and control of the disease as the veterinarian may direct.
Section 22: Denotification of infected area
If the veterinary officer, after such enquiry as he may deem fit, is satisfied
that there is no longer the threat or danger of any animal being infected
with the scheduled disease in any infected area, by notification and
publication in a local newspaper in vernacular language, declare that the
area is no longer an infected area as aforesaid, whereupon all the restrictions
referred to in section 21 shall cease to apply.

4.3.4 Chapter IV: Infected Animals

Chapter IV of the Act deals with the various aspects of the infected animals.

Section 23: Segregation, examination and treatment of infected animals

Where the veterinarian has, on receipt of a report or otherwise, reason to
believe that any animal is infected with a scheduled disease, he may, by
order in writing, direct the owner or any other person in charge of such
animal:
o to keep it segregated from other apparently healthy animals; or
o to subject it to such treatment as may be required under the circumstances.
Where any action has been taken in pursuance of sub-section (1), the
Veterinarian shall forthwith give a detailed report of the incidence of the
disease to the veterinary officer.

On receipt of a report from the veterinarian, the veterinary officer shall, as

soon as possible, examine that animal as well as any other animal which
could have come in contact with it, and for that purpose, submit the animal
to such test and medical examination as may be required under the
circumstances.

If, after such test and examination, the veterinary officer is of the opinion
that an animal is not infected with any of the scheduled diseases, he/she
shall issue a certificate in writing that the animal is not infected with any
such disease.

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Section 24: Drawing samples from animals Prevention and Control of
Infectious and Contagious
Where the veterinary officer considers it necessary for the purpose of Diseases in Animals Act, 2009

ascertaining whether the animal which is suspected to have been infected

with any scheduled disease or susceptible to such infection is actually
infected, or for the purpose of ascertaining the nature of the scheduled
disease with which an animal is infected, he/she may draw such samples,
as may be required, from the animal for the purpose of carrying out such
investigations as he/she may deem necessary under the circumstances.

Section 25: Resort to euthanasia for infected animals

If the veterinary officer deems it necessary that an animal, which is infected
with a scheduled disease, euthanasia has to be resorted to, for preventing
the spread of the disease to other animals in the area or to protect public
health if the disease is of zoonotic importance, he/she may, notwithstanding
anything contained in any other law for the time being in force, by an order
in writing, direct euthanasia of the animal and the carcass disposed of
immediately to his satisfaction.

Section 26: Disposal of carcass

Every person in possession of carcass (or any part thereof) of any animal,
which, at the time of its death, was infected with any scheduled disease or
was suspected to have been infected, shall dispose it of in such manner as
may be prescribed.

Section 27: Powers of veterinary officer and veterinarian to hold post-mortem

examination

Where the veterinary officer has reason to believe that the death of an animal
has been caused by an infection of any scheduled disease, he may make or
cause to be made a post-mortem examination of the animal and for that
purpose he/she may cause the carcass of any such animal to be exhumed
where required followed by proper disposal after necessary examination
and post-mortem.

Every examination and post-mortem referred to in sub-section (1) shall be

conducted in such manner, and the report of post-mortem shall be in such
form, as may be prescribed.

Section 28: Seizure and removal of certain animals without owners

Where any animal which is infected or suspected to have been infected is
found without any person claiming to be its owner, or where a valid order
or direction given in relation to any such animal is not promptly complied
with by the owner or other person in control of the animal, it shall be open
to the veterinary officer or any other competent officer, to seize the animal
and remove it to a place of isolation or segregation, as he/she may deem
proper.

4.3.5 Chapter V: Enforcement and Penalties

This Act’s fifth Chapter has six sections which mainly focusses on the different
aspects of enforcement and penalties for the offences.
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Animal Welfare Laws Section 29: Enforcement of orders and recovery of expenses
Whereby any rule, notification, notice, requisition, order or direction made
under this Act, any person is required to take any measure or to do anything:
o in respect of any animal, carcass of any animal or other thing in his/her
custody or charge, the same shall be promptly complied with, by that
person;
o in case of any stray or ownerless animal, carcass of such animal or parts
thereof, the same shall be promptly complied with by the municipality
or Panchayat, as the case may be, at its cost.
If the measures as referred to in sub-section (1) are not taken within such
time as may be allowed for the purpose, the authority issuing the notice,
requisition, order or direction, may cause the measures to be taken at the
cost of the person or municipality or Panchayat, as the case may be, who or
which was required to take the measures.
The costs of any measures taken under sub-section (2), shall be recoverable
from the person or the municipality or Panchayat, as the case may be,
concerned in the manner provided by the Code of Criminal Procedure, 1973,
for the recovery of fines imposed by a Court, as if such costs were a fine
imposed by a Court.
Section 30: Village officers etc., to assist
All Municipal, Panchayat or village officers and all officers of the rural
and dairy development, revenue, agriculture, animal husbandry and
veterinary departments of the State Government, shall be bound to:
o give immediate information to the veterinary officer and to the
Veterinarian having jurisdiction in the area regarding the prevalence of
a scheduled disease amongst any animal or species of animals, in the
area;
o take all necessary measures to prevent the outbreak or spread of any
scheduled disease; and
o assist the veterinary officer and the veterinarian in the discharge of their
duties or in the exercise of their powers under this Act.
Section 31: Penalty for issuing vaccination certificate without authority or
administering defective vaccine
If any person issues a vaccination certificate:
o without authority or competence in that behalf, or
o after administering the vaccine which is known to be defective in any
manner, he shall be guilty of an offence punishable with a fine of five
thousand rupees or in case of non-payment of fine with imprisonment
which may extend to one month, and in the case of any subsequent
offence, with fine of ten thousand rupees or with imprisonment which
may extend to three months.
Section 32: Penalties
Any person who contravenes the provisions of this Act or obstructs the
competent Officer in performing his/her duties shall be guilty of an offence
68 punishable with fine which may extend to one thousand rupees, and in case
 of failure to pay the penalty with imprisonment for a term which may extend Prevention and Control of
Infectious and Contagious
to one month; and in the case of any subsequent offence (whether under the Diseases in Animals Act, 2009
same provision or any other provision of this Act except in case of sections
31 and 33) with a fine of two thousand rupees, or with imprisonment for a
term which may extend to two months in case of non-payment of the penalty.

Section 33: Penalty for placing infected animal or carcass in river etc.:
Whoever places or causes or permits to be placed in any river, lake, canal
or any other water body, the carcass or any part of the carcass of any animal
which at the time of its death was known to be infected, shall be guilty of
an offence and, on conviction, be punished, in the case of a first offence
with fine of two thousand rupees or with imprisonment of one month in
case of non-payment of fine and in the case of subsequent conviction with
a fine of five thousand rupees or imprisonment for a term which may extend
to three months or with both.

Section 34: Offences by companies

Where an offence under this Act has been committed by a company, every
person who at the time the offence was committed was in charge of, and
was responsible to, the company for the conduct of the business of the
company, as well as the company, shall be deemed to be guilty of the offence
and shall be liable to be proceeded and punished accordingly: Provided
that nothing contained in this sub-section shall render such person liable to
any punishment provided in this Act, if he/she proves that the offence was
committed without his/her knowledge or that he/she had exercised all due
diligence to prevent the commission of such offence.

4.3.6 Chapter VI: Pracautionary Measures on Causative

Organism
Section 35: In every institution, laboratory or clinic, engaged in the manufacture,
testing or research, related to vaccines, sera, diagnostics or chemotherapeutic
drugs and aimed at the prevention or treatment of any scheduled disease, adequate
precautionary measures shall be taken to ensure that the causative organism of
any scheduled disease does not escape or otherwise get released. Every animal
used for the manufacture, testing or research which is likely to carry or transmit
any scheduled disease, shall be promptly administered euthanasia and disposed
of by the person in charge.

4.3.7 Chapter VII: Miscellaneous

The important aspects which are not covered in the previous chapters are dealt in
this Chapter.

Section 36: Power to delegate

The State Government may, by notification, delegate to any officer or
authority subordinate to it, all or any of the powers conferred on it by or
under this Act, except the powers to make rules under sub-section (2) of
section 42.

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Animal Welfare Laws Section 37: Officers and authorities to function subject to Government
control
All officers and authorities under this Act shall exercise their powers and
discharge their duties conferred or imposed on them by or under this Act, in
accordance with such orders, not inconsistent with the provisions of this
Act, as the Central Government or the State Government may, from time to
time, make.
Section 38: Power to amend the Schedule
The Central Government may, by notification, add to, or omit from the
Schedule any animal disease and the said disease shall, as from the date of
the notification, be deemed to have been added to, or omitted from, the
Schedule.
Every notification issued under sub-section (1) shall, as soon as may be
after it is issued, be laid before each House of Parliament.
Section 39: Power to issue directions
The Central Government may, with the object of prevention, control and
eradication of any infectious or contagious disease of animals, issue such
directions to the State Government or other authorities under this Act, from
time-to-time, including directions for furnishing such returns and statistics
on scheduled diseases, and vaccination, as it may deem fit and every such
direction shall be complied with.
Section 40: Certain persons to be public servants
Every competent officer, Director and veterinary officer, while exercising
any power or performing any duty under this Act, shall be deemed to be a
public servant within the meaning of section 21 of the Indian Penal Code.
Section 41: Power to remove difficulties
If any difficulty arises in giving effect to the provisions of this Act, the
Central Government may, by order published in the Official Gazette, make
such provisions, not inconsistent with the provisions of this Act, as appear
to it to be necessary or expedient for removing the difficulty: Provided that
no such order shall be made after the expiry of a period of two years from
the date of commencement of this Act.
Section42: Power of Central Government to make rules
The Central Government may, subject to the condition of previous
publication, by notification, make rules for carrying out the provisions of
this Act.
In particular and without prejudice to the generality of the foregoing power,
such rules may provide for all or any of the following matters, namely:
o the form of vaccination certificate and the particulars which such
certificate shall contain, under section 9;
o the manner of disposal of carcass, under section 26;
o the manner of conducting examination and post-mortem under sub-
section (1) and the form of report of post-mortem under sub-section (2)
of section 27;
o any other matter which may be prescribed or in respect of which rules
70 are required to be made by the Central Government.
Section 43: Power of State Government to make rules Prevention and Control of
Infectious and Contagious
The State Government may, by notification and with the prior approval of Diseases in Animals Act, 2009
the Central Government, make rules for carrying out the purposes of this
Act.
In particular and without prejudice to the generality of the foregoing power,
such rules may provide for all or any of the following matters, namely:
o The form of permit to be granted by the officer in-charge of a quarantine
camp, under sub-section (4) of section 14;
o The manner of inspection and the period of detention of an animal at a
check post or at a quarantine camp for the administration of compulsory
vaccination and marking of animals and the form and manner of issue of
entry permit, under sub-section (2) of section 15;
o Any other matter in respect of which rule is to be or may be made by the
State Government.
Section 44: Laying of rules
Every rule made by the State Government under this Act shall be laid, as
soon as may be after it is made, before the State Legislature.

Section 45: Repeal and savings

On the commencement of this Act, the following Acts have been repealed:
o The Glanders and Farcy Act, 1899
o The Dourine Act, 1910; and
o any other corresponding law of any State, so far as it is inconsistent with
the provisions of this Act, shall stand repealed.

4.4 THE SCHEDULE DISEASES

The Schedule gives the list of diseases which are called as infectious and
contagious diseases, or scheduled diseases. As per Section 38, The Central
Government may, by notification, add to, or omit from the Schedule any animal
disease and the said disease shall, as from the date of the notification, be deemed
to have been added to, or omitted from, the Schedule.

(For more details on list of scheduled diseases, please see the ‘The Prevention
and Control of Infectious and Contagious Diseases in Animals Act, 2009’ https:/
/dahd.nic.in/acts-rules)
Before we proceed, please complete activity 1.
Activity 1: Visit a nearby veterinary hospital or dispensary and gather
information about the incidence/reporting of scheduled diseases in the last 10
years.
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Animal Welfare Laws .......................................................................................................................
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Check Your Progress 1
Note: a) Use the spaces given below for your answers.
b) Check your answer with those given at the end of the unit.
1) What is a free Area under the PCID Act, 2009?
.......................................................................................................................
.......................................................................................................................
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.......................................................................................................................

2) What are the precautionary measures to be taken in controlled areas?

.......................................................................................................................
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3) What is the criterion given in the PCID Act for denotification of infected
area?
.......................................................................................................................
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4) What is the penalty for issuing vaccination certificate without authority or

administering defective vaccine?
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5) Name the two Acts which were repealed on the commencement of PCID Prevention and Control of
Infectious and Contagious
Act, 2009. Diseases in Animals Act, 2009

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4.5 LET US SUM UP

The purpose of The Prevention and Control of Infectious and Contagious
Diseases in Animals Act, 2009 (PCID Act) is for the prevention, control
and eradication of infectious and contagious diseases affecting animals
and their welfare.

Disease control programmes have been developed in parallel with the

increase in animal production in order to improve animal health, production
and welfare.
You have learnt about the different chapters and their sections covered in
the Act.

4.6 KEYWORDS
Animal Holding Area: Any part of the terminal facility where animals are kept,
maintained, or housed.
Congregation: A gathering or collection of people, animals or things.
Endemic: The constant presence of a disease or infectious agent within a given
geographic area or population group.
Epidemiological Investigation: A set of procedures used to identify the cause,
i.e. the infectious agent, responsible for the disease.
Eradication: Reduction of an infectious disease’s prevalence in the global host
population to zero.
Exhumed: Dig out something buried, especially a carcass from the ground.
Mutatis Mutandis: is a Medieval Latin phrase meaning “with things changed
that should be changed” or “having changed what needs to be changed” or “once
the necessary changes have been made”.
Outbreak: Occurrence of disease cases in excess of normal expectancy.
Scheduled Diseases: A notifiable disease; any disease that is required by law to
be reported to government authorities.
Segregation: To keep one animal/thing separate from another.
Seizure: The action of capturing someone or something using force.
Transit: Carrying of goods, animals or people by vehicle from one place to
another.
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Animal Welfare Laws
4.7 BIBLIOGRAPGY AND FURTHER READING
Mitra, P.P. (2019). An Introduction to Animal Laws in India, Thomson Reuters,
Gurgaon.
PCID Act. (2009).http://legislative.gov.in/sites/default/files/A2009-27.pdf
Singh, B.R. (2013). Quarantine and animal health legislations in India. Principal
Scientist and Incharge. Epidemiology, CADRAD, IVRI, Izatnagar.

OIE (2011). Terrestrial Animal Health Code, Volume I General Provisions. 12th
Edition, World Organisation for Animal Health (OIE), Paris, France. https://
w w w. o i e . i n t / f i l e a d m i n / H o m e / e n g / H e a l t h _ s t a n d a r d s / t a h c / 2 0 1 8 /
en_chapitre_quarant_non_huma_primates.htm

4.8 SELF ASSESSMENT EXERCISES

1) Differentiate between infectious and contagious diseases in animals/birds
with an example.

2) Give the salient features of PCID Act, 2009.

4.9 ANSWERS / HINTS TO CHECK YOUR

PROGRESS
Check Your Progress 1
1) Free area is any controlled area which has been declared under the Act.
2) No person shall take out of the controlled area: any animal, alive or dead,
which is infected with, or reasonably suspected to have been infected with,
any scheduled disease notified under sub-section (1) of section 6; any kind
of fodder, bedding or other material which has come into contact with any
animal infected with such disease or could, in any manner, carry the infection
of the notified disease, or; the carcass, skin or any other part or product of
such animal.

3) If the veterinary officer, after such enquiry as he may deem fit, is satisfied
that there is no longer the threat or danger of any animal being infected
with the scheduled disease in any infected area, by notification and
publication in a local newspaper in vernacular language, declare that the
area is no longer an infected area as aforesaid, whereupon all the restrictions
referred to in section 21 shall cease to apply.

4) If any person issues a vaccination certificate: without authority or

competence in that behalf, or after administering the vaccine which is known
to be defective in any manner, he shall be guilty of an offence punishable
with a fine of five thousand rupees or in case of non-payment of fine with
imprisonment which may extend to one month, and in the case of any
subsequent offence, with fine of ten thousand rupees or with imprisonment
which may extend to three months.
5) The Glanders and Farcy Act, 1899 and the Dourine Act, 1910.
74