Laws to protect stray animals in India

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India is a country with rich flora and fauna. Some species of animals are considered holy and are treated with love and care, but all the animals are not that lucky and sometimes they are subjected to cruelty. Our Constitution provides for specific laws to protect these animals and according to it, it's our duty as a citizen of India to protect and nurture these as they are also living creatures. In this article, we shall study the laws provided for the protection of strays.

Laws to protect stray animals in India

In India, there are specific laws that help in protecting stray dogs from cruelty. Some of them are listed as follows:

• Article 51A(g) of the Indian Constitution: As per this Article, “It shall be the duty of every citizen of India to protect and improve the natural environment including forests, lakes, rivers, and wildlife, and to have compassion for living creatures.” It means that every citizen is obliged to protect the environment; therefore, safeguarding stray dogs from any kind of cruelty is also an essential fundamental duty of every citizen.  
• Section 428 of IPC (Indian Penal Code): Any individual involved in mischief by killing or maiming animals is punished under Section 428 of the IPC. It states that “Whoever commits mischief by killing, poisoning, maiming or rendering useless any minal or animals of the value of 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.” 
• Section 429 IPC (Indian Penal Code): It states that “whoever commits mischief by killing, poisoning, maiming or rendering useless, any elephant, camel, horse, mule, buffalo, bull, cow, or ox, whatever may be the value thereof, or any other animal of the value of fifty rupees or upwards, shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both.”
• Prevention of Cruelty to Animal Act, 1960: The primary motive behind the enactment of the Prevention of Cruelty to Animal Act, 1960, is to amend the laws for the prevention of cruelty to animals so as to reduce their unnecessary pain or suffering. In this Act, Section 11 elaborates on various acts of cruelty to both domestic and wild animals. In the case of stray dogs or abandoned dogs or street dogs, Section 11 (i) of the PCA Act states that it is an act of cruelty “If any person without reasonable cause, abandons, any animals in circumstances which tender it likely that it will suffer pain by reason of starvation thirst”. Along with this, Chapter IV of the Act illustrates penalties regarding the experimentation of animals as well as defines committee members for the same. Apart from this, Section 38 of the Act helps to protect stray dogs as it grants the power to the Central Government to make rules for preventing cruelty to animals.
  • Animal Welfare Board of India: This board was established in 1962 under Section 4 of the PCA Act which elaborates its members, functions, and roles.
  • The Animal Birth Control (Dogs) Rules, 2001: The Central Government introduced this rule as per the powers conferred by sub-sections 1 and 2 of Section 38 of the Prevention of Cruelty to Animals Act, 1960. 

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Animal Birth Control (Dogs) Rules, 2001

Animal Birth Control (Dogs) Rules were introduced to control the stray dog population. In order to do so, the dogs were classified into two categories i.e. pet dogs and street dogs. As per Rule 3, “the owner of pet dogs should be responsible for controlled breeding, immunization, sterilization, and licensing” whereas animal welfare organizations, local authorities, and private individuals should participate in sterilization and immunization of the street dogs. To monitor whether individuals associated with the dog control program are working efficiently, a monitoring committee is constituted. Rule 4 highlights members of the committee which include, Chief/ Commissioner of the local authority (should be the ex-officio Chairman of the Committee), a veterinary doctor, a representative of the Public Health Department of the local authority, a representative of the district SPCA (Society for Prevention of Cruelty to Animals), a representative from the Animal Welfare Department of the local authority, and at least two representatives from the Animal Welfare Organization working within the local authority. 

The Committee members are responsible for planning and management of the dog control program. Committee has the power to “issue instructions for catching, transportation, sheltering, sterilization, vaccination, treatment, and release of sterilized vaccinated or treated dogs.” It also helps in creating public awareness, solicit cooperation and funding. The Committee provides guidelines to commercial breeders and pet dog owners from time to time. Moreover, Rule 5(g) states that “The Committee may keep watch on the national and international development in the field of research pertaining to street dogs’ control and management, development of vaccines and cost-effective methods of sterilization, vaccination, etc.” The Animal Birth Control (Dogs) Rules also prescribed specific methods to kill animals, which are discussed as follows:

Rule 5(b): To authorize a veterinary doctor in case there is a need to put to sleep fatally injured, rabid dogs, or critically ill dogs in a painless method. The doctor should decide on these cases and the method used to put them to sleep should be using sodium petathol. No other method should be used for the same.

Rule 9: According to this Rule, ill dogs should be euthanized in a humane manner. It states, “Incurably ill and mortally wounded dogs as diagnosed by a qualified veterinarian appointed by the committee shall be euthanized during specified hours in a humane manner by administering sodium pentathol for adult dogs and Thiopental Introperitoneal for puppies by a qualified veterinarian or euthanized in any other humane manner approved by Animal Welfare Board of India.” Euthanization of a dog should not be performed in front of any other dog as well as the person responsible for the same should ensure whether the animal is dead or not before disposing of the body.

Rule 10(4): As per this Rule, “If the dog is found to have a high probability of having rabies it would be isolated till it dies a natural death. Death normally occurs within 10 days of contracting rabies.” 

Sterilization of stray dogs in India

In India, street dogs or stray dogs cannot be beaten, killed, or dislocated but can be sterilized or vaccinated and then returned to their original locations. Sterilization is performed by surgically removing the reproductive organs of the male and female dogs which helps in restricting their numbers. It also helps in increasing their lifespan with less to no chance of cancer. The dogs above the age of 4 months are picked up for sterilization.

Stray Animal Foundation of India (SAFI)

SAFI is a USA-based Charitable organization that was founded by Ujwala Chintala in Florida to fight for India’s animals. This organization is focused on helping stray animals in India. It is done by providing shelter infrastructure, vet care, funding, resources, manpower, organizational support, education, guidance, and many more. Similarly, there are various other Non-Governmental Organizations (NGOs) that are contributing towards the protection of animals including stray dogs. Some of them include People for the Ethical Treatment of Animals (PETA), People For Animals, Compassion Unlimited Plus Action (CUPA), Blue Cross, and various others.

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