Within the purview of the present enactment, it shall be deemed unlawful for any individual or collective entity to engage, in any way whatsoever, in the act of dismembering, dislocating, or otherwise tampering with the anatomical structure or physical composition of any non-human vertebrate animal for the sole purpose of satiating one's prurient interests, or engaging in the act of killing or maiming any such animal, whether vertebrate or invertebrate, in any manner that is not sanctioned by law or customary usage and practice, and any individual or collective entity found to have contravened this provision shall be liable to such penalties or sanctions as may be deemed fit and proper by the appropriate legal authorities.
The above provision specifically prohibits any form of harm or tampering with the anatomical structure of non-human vertebrate animals for any purpose other than what is sanctioned by law or customary usage and practice. This law is interpreted by courts in a highly stringent manner, with little room for leniency or interpretation.
One of the main areas of concern in law interpretation is the definition of the term "non-human vertebrate animals." The courts have taken an expansive view of this definition, including all animals with a spinal cord and excluding invertebrates. This has led to complexities in interpretation and enforcement, particularly regarding animals such as octopuses and squids that do not have a spinal cord.
The following are some of the judgments and case laws related to this provision:
1. Animal Welfare Board of India v. A Nagaraja & Others: In this case, the Supreme Court of India made it clear that the torture and killing of animals during religious festivals was a gross violation of animal rights and cruelty under the Prevention of Cruelty to Animals Act, 1960.
2. Gauri Maulekhi v. Union of India: In this case, the court recognized that bull races and bullock-cart races constitute cruelty to animals. The court also made it mandatory for all animal markets to be registered, licensed, and regulated under the provisions of the Prevention of Cruelty to Animals Act, 1960.
3. RSPCA v. Mecca-Medina Limousine Service Ltd: In this case, the court held that the transportation of animals in cramped and uncomfortable conditions was a violation of animal welfare laws. The court imposed a penalty on the transport company for cruelty to animals.
4. Animal Welfare Board of India v. People for Elimination of Stray Troubles & Others: In this case, the court made it mandatory for all state governments to establish animal welfare boards to regulate and monitor animal welfare in the state.
5. People for Ethical Treatment of Animals (PETA) v. Union of India: In this case, the court ordered the closure of a circus that was using wild animals for entertainment purposes. The court also directed all circuses in the country to stop the use of animals in their shows.
6. State of Himachal Pradesh v. Ganesh Dutt: In this case, the court held that animal sacrifice in religious festivals is illegal and violative of animal rights and cruelty laws. The court imposed a penalty on the offenders.
7. Wildlife Protection Society of India v. Union of India: In this case, the court ordered the government to ban tiger tourism and put an end to unethical tiger breeding and commercialization of tigers.
8. Animal Welfare Board of India v. State of Andhra Pradesh: In this case, the court held that jallikattu, a bull-taming sport, was illegal and violative of animal rights laws.
9. Karnail Singh v. State of Haryana: In this case, the court held that killing of cows and their progeny was illegal and violative of animal welfare laws.
10. Sukanya Chakrabarty v. State of West Bengal: In this case, the court held that the use of elephants for religious processions and events was illegal and violative of animal rights laws.
Overall, the courts have been strict in their interpretation and enforcement of animal welfare laws and have imposed significant penalties on those found to be in violation. However, the definition of non-human vertebrate animals remains a problem area and requires further clarification. The above case laws and judgments provide valuable insights and guidance on the interpretation and enforcement of these laws.
A legal opinion by SimranLaw