Speechless, Not Voiceless – Laws Safeguarding Rights Of Stray Animals

This beautiful universe belongs to all creations of the supreme. As Zoroastrians and humans, it is our responsibility to ensure they are taken care of and not abused. Physiotherapist sisters, doctors and animal lovers, Dr. Delna and Dr. Kashmira Goghavalla share with us laws instated for prevention of cruelty to stray animals.

Animals are driven by instinct and all their actions/reactions have reasons. Yet, some consider animals a nuisance for soiling the building premises or being dangerous as they bite or simply because they are noisy! Compassion towards other beings is the key to harmony amongst all, and stray animals need it the most. The Following Laws Safeguard The Rights Of Stray Animals:
As per Section 11 of Prevention To Cruelty Against Animals Act, 1960 (PCA Act), beating, kicking, over riding, over loading, over driving, torturing or otherwise treating any animal so as to subject it to unnecessary pain, amounts to cruelty on animals. Offenders are liable for punishment under this Act.

Killing of an animal is illegal offence, under the PCA Act – a cognizable offence under Section 428 and Section 429 of IPC.
Relocation of animals is not legally permissible. Under the Animal Birth Control Rules 2001, strays cannot be relocated. Animals are territorial and likely to get hostile in new areas. Sterilization is the best and most effective option. Building societies or individuals can simply ask Animal Welfare Associations to sterilize/vaccinate them.

Laws Safeguarding the Rights of Animal Feeders: Article 51 A of the Constitutional Law of India speaks about the duties of every citizen of India. One of these duties includes having compassion for living creatures, bringing the animal lover protection under the Constitution.
Article 19 of the India Constitution deals with the Right to Freedom and legalises the caring of stray as his occupation. Article 21 states the Rights to Personal Life and Liberty to feed and provide shelter to animals. Section 503 of the IPC 1860, provides that intimidating care-takers of animals is a criminal cognizable offence. Those threatening animal care-takers are liable for criminal intimidation under Section 503 of IPC and can be arrested without a warrant.

As per the judgment passed by the Delhi Court, “it is necessary to bring into record that individuals who adopt and feed stray animals are doing a great service to humanity, as they are acting in the aid and assistance of municipal authorities by providing these animals with food and shelter and getting them vaccinated and sterilized. Without assistance of these individuals, no local municipal authorities can successfully carry out its program.” The court proceeded to state that the local police and the municipal authorities are under obligation to not only encourage but also ensure protection to such stray animal care-takers.
So feel free to go forth and do your bit for our strays!

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