PREVENTION OF CRUELTY TO ANIMALS ACT, 1960

Objective

To prevent the infliction of unnecessary pain or suffering on animals.

Authority Established under the Act – Animal Welfare Board of India – CG had established
this authority for the promotion, welfare and protection of animals from being subjected to
unnecessary pain or suffering.

Members of AWBI –

 Inspector General of Forests, Govt. of India

 Animal Husbandry Commissioner to the Govt. of India
 Two persons represent ministers of the Central Govt. dealing with home affairs and
education
 One person to represent Indian Board for Wild Life
 Three persons who actively engaged in animal welfare work and well known
humanitarians
 One person to represent veterinary practitioners
 Two persons to represent practitioners of modern and indigenous medicine
 One person to represent two municipal corporations
 One person to represent each of three organization actively involved in animal welfare
 Six members of the parliament - four by Lok Sabha and two by Rajya Sabha

Functions of AWBI - Section 9

 Implementation of law in the country and advise the Government on the amendment to be
taken from time to time
 To take steps as the Board think fit for ameliorating of animals by encouraging, or
providing for, the construction of sheds, water-troughs, and provide veterinary assistance
to animals
 To advise Government or local authority in the design of slaughter-house or the
maintenance of slaughter house
 To take steps to destroy unwanted animals
 To encourage and provide financial assistance to the formation of rescue homes, animal
shelters, sanctuaries, etc.
 To cooperate and coordinate with NGOs and take steps to prevent unnecessary pain or
suffering to animals and thereby to protect animals and birds
 to provide financial assistance to the animal welfare organizations functioning in local
area to encourage the formation of animal welfare organization in local area
 to advise the Government on the matters pertaining to the medical care and attention to
the animals and provide adequate funding to the veterinary hospitals.
 To impart education in relation to human treatment of animals and encourage the
formation of public opinion against the infliction of unnecessary pain or suffering to

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 animals for the promotion of animal welfare by means of lectures, books, posters,
cinematorgraphic exhibitions, etc.

Acts amount to Cruelty – Section 11

If any person

 Beats, kicks, over-rides, tortures or otherwise treat any animal to unnecessary pain or
suffering being the owner allowed
 Employs in any work or labour or for any other purpose but it is unfit to be so employed
because of its disease, wound, sore or other cause
 Willfully and unreasonably administers any injurious drug or injurious substance to
animals
 Carry animals in a vehicle in such a manner as to subject it to unnecessary pain or
suffering
 Keeps or confine any animal in a cage which is not in proper measurements
 Being the owner, neglects to provide adequate food, drink and shelter
 Willfully permits an animal to go in any street while the animal is suffering with
contagious or infectious diseases
 Kill animals including stray dogs with strychnine syringes in the heart or in crucial
manner
 Organizes or using the animals for betting/playing games

Penalty Clause

Any form of cruelty as mentioned in the above is a punishable act.

 For first conviction – Rs. 10 to Rs. 50 max
 For second/subsequent offence committed within 3 years from the date of commission of
first offence, fine shall be Rs. 25 to max Rs. 100 or imprisonment for a term of three
months or both

Performing Animals

Section 22 of the Act – no person shall exhibit or train any performing animal unless

1. he is registered
2. the animal has not been prohibited by the CG through a notification in Official Gazette as a
performing animal.

N.R. Nair Vs Union of India, AIR 2001 SC 2337

A Gazette notification was issued in pursuance of Section 22(ii) by the Government dated 14th
October 1998 whereby exhibition and training of bears, monkeys, tigers, panthers and lions was
prohibited.

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Indian Circus Federation challenged the notification that it was issued arbitrary and the Act did
not provide such prohibition.

SC held that CG exercise its powers to issue notification under section 22(i) only when the
training and exhibition of animals inflict unnecessary pain or suffering to animals. SC considered
the paramount consideration for issuing such a notification. SC ordered for the procured animals
to be sent to rescue places, rehabilitation centre’s established for the purpose.

Animal Welfare Board of India Vs A.Nagaraja & Ors. (Jallikattu Case)

Experimentation of Animals

Animals subjected to experiments is possible after getting appropriate approval from the Central
authority i.e., Central Committee (Section 15)

The Central Committee also empowered to control or supervise experiments on animals.

It is the duty of the Central Committee to take necessary measures to ensure animals is not
subjected to any unnecessary pain or suffering before, during or after the performance of the
experiment.