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The Law

05 Mar 2010 | by Tuneer Garga | Posted in: Wag Wiki


• Give  an  animal  any  injurious  substance.  It  is  illegal  to put out poisoned food.  (PCA,Section 11)

• Transport  any  animal  in  any manner that will cause him or her unnecessary suffering. This includes loading cows into trucks without ramps and overcrowding the vehicle as well as tying up pigs and carrying them on cycles (PCA, Section 11). All violations of Section 11 are punishable with a fine of Rs 100 and/or up to three months in jail.

• It  is  illegal  to  kill homeless animals. Citizens may only report what they perceive as a nuisance to the  municipal  authorities.  The municipality is required to maintain an animal pound for animals. Previously, municipalities would 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  sterilisation  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. 

• Sections 428 and 429 of the Indian Penal Code 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, as formulated by the Committee for the Control and Supervision of Experimental Animals, state that only animals bred for the purpose of research by institutes registered by the Committee may be used for experimentation (although, of course, such animals suffer and feel  pain  just  as  much  as  strays  or  any  other animal).  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. 

Source: journal-news.com

What You Can Do to Help Stray Animals ?

• When you see a dog or cow being hit or stoned, be sure to inform the offender of the law and get him or her to stop. Should the abuse  persist, register an FIR at the closest police station. Do not  become  discouraged  if the  police  do  not, at first, take you 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 the courts have ruled that it is illegal to cruelly kill stray animals. The Animal Welfare Board of India has developed a set of guidelines for all municipalities directing the implementation of the Animal Birth Control (ABC) programme. If there is an animal welfare organization in the area, urge it to take up the 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. Therefore, you should challenge this cruelty in court.

• 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 comfortable or the means to feed them, file a complaint with the municipality asking 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 probable 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 him or her to safety and administer life-saving first aid. If you can take the animal to a veterinarian yourself, do so. 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 closest 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 a pound or that the animals are being abused, contact the Committee for the Purpose of Control and Supsion of Experiments on Animals (CPCSEA).





great information...thanx for sharing.

By: vinish | 07 Mar 2010

Really nice

By: Runni | 08 Mar 2010

amit sharma
There is also an urgent need to moderate the cruel behaviour and conduct of a good number of breeders /traders dealing in dogs and pups,who have the cheek to call themselves DOG LOVERS but in reality are only there in the business for the love of making money.

By: amit sharma | 09 Mar 2010

Anil @ DoggiesDude
why blame breeders only. Most of the dogs left on streets are from owners who buy and later kick them off.

By: Anil @ DoggiesDude | 09 Mar 2010

Anil @ DoggiesDude
California Considers Tracking Animal Abusers Like Sex Offenders

Source: FoxNews.com, mar 5, 2010

The California state Legislature is considering a new proposal to establish a registry of names — similar to widely used sex offender databases — to track and make public the identities of people convicted of felony animal abuse.

Animal abusers would be tracked like sex offenders if California lawmakers have their way.

The state Legislature is considering a new proposal to establish a registry of names — similar to widely used sex offender databases — to track and make public the identities of people convicted of felony animal abuse.

The registry, which under the law would be posted on the Internet, wouldn’t just include names. The bill calls for photographs, home addresses, physical descriptions, criminal histories, known aliases and other details to be made public.

Supporters say it’s a way to notify communities and local police that animal abusers are living among them and to warn shelters to watch out for them if they try to adopt.

“In part, it’s an attempt to give law enforcement a heads up when people like this are in their communities, so they can cut off problems at the pass,” said Lisa Franzetta, spokeswoman for the Animal Legal Defense Fund, which is leading a national campaign to get states to establish the registries.

California Senate Majority Leader Dean Florez, who introduced the bill last month, was the first to take a crack at it, though Tennessee has considered something similar. Franzetta said lawmakers from six states have contacted the group to express interest in launching animal abuser databases.

Florez said the bill, which if passed would be the first of its kind, falls in line with other animal protection bills California has pursued. He said the registry is aimed at helping animal control officers do their jobs and animal shelters make sure abusers “don’t walk out with an animal they can torture.”

But not everybody in California, which also maintains a database of arsonists, thinks a brand new public database of unsavory persons is what the state needs, particularly given its budget troubles.

The tool is estimated to cost between $500,000 and $1 million to launch, and to pay for it, the bill calls for both fines on animal abusers and a new tax on pet food — in the neighborhood of a few cents per pound. That doesn’t sit well with the pet food lobby, since it argues the tax punishes the very people who are trying to help, not hurt, their animal friends.

“We generally don’t think that this is a very good proposal,” said Ed Rod, vice president of government affairs for the American Pet Products Associations, though he called the idea a worthy goal.

“Making one group of people, the pet owners, pay for something that’s going to benefit everyone doesn’t seem fair,” Rod said. “It’s not pet owners in general who are abusing the animals. They’re trying to take care of the animals.”

The Fresno Bee published an editorial in opposition to the bill Friday, saying the new “state bureaucracy” would be funded by an “unfair tax” on pet owners.

“We also question the registry’s effectiveness. We would rather see the penalties and fines substantially increased on those convicted of animal cruelty,” the paper wrote. “We have no problem with private groups creating registries. … But we oppose another state bureaucracy.”

Florez, though, said that once launched, the registry would probably only have one employee attached to it and an annual cost of $60,000 to $70,000.

“We don’t see this moving into some kind of large bureaucracy,” he said.

Franzetta said that the database would only be to flag the worst offenders, like people who hoard hundreds of animals under poor conditions or “sadistic animal torturers” who pick up their prey at shelters. She said recidivism for felony offenders is high and that animal abuse can be a gateway to more egregious crimes — she said communities should know “who’s living among them” just like they can with sex offenders.

“The same logic applies,” she said

By: Anil @ DoggiesDude | 09 Mar 2010

while all this information is extremely useful in a country where the law and order system is in place, a country like india can only ignore the above. it is the duty of the mayor to tend to all animal related problems. the mayor is our country does not care about people..expecting them to care about dogs is asking for too much . if you really wanna do something good for these animals , contact ur vet . vets usuallyknow about organisations who neuter bitches for subsidised rates or even free. do it one at a time but neuter as many females on the road , she will require 7 days of care which is not a difficult job . i have myself in the past year neutered and taken care of nearly 43 bitches. and i did it with my pocket money ( i am not earning) after they were fine i returned them to where i picked them up from .

By: maithili | 10 Mar 2010

most ppl feel that if they look at a puppy and find it cute or buy a pedigree dog from a fancy store they are dog lovers.NO.. if u are an animal lover be responsible for it . neuter the females u see ... that is the least u can do . it is ure duty . love comes with responsibility...

By: maithili | 10 Mar 2010

and passing such info around is useless really .. bcz the fact is ; animals have no rights.. and there is no way they can stand up to the evils inflicted upon them

By: maithili | 10 Mar 2010

Anil @ DoggiesDude
@Maithli please read again and you wll know they have rights.

By: Anil @ DoggiesDude | 11 Mar 2010

do they in india??? anil

By: maithili | 12 Mar 2010

Anil @ DoggiesDude
awareness.. as you are mentioning awareness of Pariah Spaying and spreading the message, same can be done in India too.

By: Anil @ DoggiesDude | 12 Mar 2010

I agree with Anil , I most cases incidents of cruelty & negligence go unnoticed . But a few times due to the pro-activeness of some kind & determined human being life do get saved .
I would think saving 1 life in hundred is not a bad achievement . And as Anil mentioned bringing awareness is the key .
Everyone can do their small bit - become active in your community to get strays spayed / neutered . Encourage people around you to feed strays , get them vaccinated , donate to organizations like friendicoes , PFA , and adopt a homeless animal against a pedigreed dog.

One must not get disheartened – every single action counts & might be life-altering for an helpless animal .

By: DoggieDawg | 17 Mar 2010

amit sharma
Anil ,I never meant that breeders alone are to be blamed,but I was just focussing onto one major spot that generates cruelty.Yes,I do respect Your opinion that it could be the unworthy owners as well who discard the poor creatures once the initial excitement of keeping them subsides.Its here that people like You and Me must take a lead and try to get the culprits to the book.I'd also request You to please share with all certain laws that spell the obligations with respect to animal rights especially pertaining to their territorial/birth-place rights.

By: amit sharma | 18 Mar 2010

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