6. PREVENTION OF CRUELTY TO ANIMALS ACT-1960

PREVENTION OF CRUELTY TO ANIMALS ACT, 1960

All developing countries have laws to save animals from cruelty, i.e., unnecessary pain and suffering. These laws prevent humans from behaving cruelly towards animals. In India, certain rules were applied to various parts; however, most remained ineffective. For assessing existing legislation and combining several laws into a single Act, the Indian Government appointed a Committee, which introduced the ‘Prevention of Cruelty to Animals Act’.

OBJECTIVES OF THE ACT

1. Provides for punishment for causing unnecessary cruelty and suffering to animals.
2. Establishes an Animal Welfare Board – its constitution, powers, and functions.
3. Discusses different forms of cruelty, exceptions, and killing of suffering animals to relieve further suffering.
4. Provides guidelines for experimentation on animals for scientific purposes.
5. Provides provisions relating to exhibition of performing animals and offences against them.
6. Provides limitation period of 3 months beyond which no prosecution shall lie for any offence.

DEFINITIONS UNDER THE ACT

• Animal: Any living creature other than a human being.
• Board: The Animal Welfare Board established under Section 4.
• Captive Animal: Any animal (not being a domestic animal) which is in captivity/confinement, or subjected to any appliance preventing escape, or which is pinioned or named.
• Domestic Animal: Any animal which is tamed or being sufficiently tamed to serve a purpose for human use, or which has become wholly or partly tamed.
• Local Authority: Municipal committee, district board, or other authority invested by law with control and administration of matters within a specified local area.

ANIMAL WELFARE BOARD OF INDIA (AWBI)

The Animal Welfare Board of India was established by statute to provide advice on animal welfare laws and advance animal welfare in the nation. It was created in 1962 under the leadership of late Smt. Rukmini Devi Arundale.

Constitution of AWBI

The Board comprises 28 members, including individuals with humanitarian backgrounds, representatives from Animal Welfare Organisations, SPCAs, Indian Board of Wildlife, Indian Veterinary Association, Indian medicine, and allopathic medicine.

Functions of AWBI

1. Continuously examine Indian animal cruelty laws and provide recommendations for modifications.
2. Provide guidance to Central Government on regulations to avoid unnecessary suffering during transport, performance, or captivity.
3. Provide guidance on vehicle design enhancements to reduce strain on draught animals.
4. Promote or fund construction of sheds, water troughs, and veterinary care for animals.
5. Provide advice on slaughterhouse design to minimise suffering during pre-slaughter phase and ensure humane killing.
6. Ensure unwanted animals are destroyed humanely and painlessly by local authorities.
7. Promote creation of pinjrapoles, rescue homes, animal shelters, and sanctuaries.
8. Cooperate with and coordinate efforts of organisations protecting animals from harm.

INSTITUTIONAL ANIMALS ETHICS COMMITTEE (IAEC)

IAEC is a Committee registered by the Committee for the Control and Supervision of Experiments on Animals (CPCSEA). The expert Consultant of CPCSEA is at Chennai and its Member Secretary for Animal Welfare is at New Delhi under the Ministry of Environment and Forests.

Objectives of IAEC

1. Experiments performed by or under supervision of duly qualified persons (Degree/Diploma in Veterinary Science, Medicine, or Laboratory Animal Science).
2. Experiments performed with due care and humanity; operations performed under anaesthetic to prevent pain.
3. Animals injured during experiments (under anaesthetic) destroyed while still insensible if recovery would involve serious suffering.
4. Experiments on animals avoided where possible (use of books, models, films as alternatives).
5. Experiments on larger animals avoided when results can be achieved with small laboratory animals (guinea-pigs, rabbits, mice, rats).
6. Experiments not performed merely for acquiring manual skill.
7. Animals properly looked after before and after experiments.
8. Suitable records maintained with respect to experiments performed on animals.

Constitution of IAEC (8 Members)

• The Chairperson
• Two scientists from two different biological disciplines
• A scientist from outside the Institute
• A non-scientist socially aware member
• A CPCSEA nominee
• A scientist in-charge of animal facility of establishment concerned
• A veterinarian (in case of animal)
• Co-opted in-house scientist (microbiologist or pathologist)

Functions of IAEC

• Review and approve research proposals involving small animal experimentation before study begins.
• For large animal experimentation, forward case to CPCSEA with recommendation of IAEC.
• Monitor research throughout the study through periodic reports and visits to animal house and laboratory.
• Ensure compliance with all regulatory requirements, applicable rules, guidelines, and laws.

COMMITTEE FOR THE PURPOSE OF CONTROL AND SUPERVISION OF EXPERIMENTS ON ANIMALS (CPCSEA)

The Prevention of Cruelty to Animals Act, 1960 established the CPCSEA, a government agency. Founded in 1964, it was revived in 1998 under Maneka Gandhi’s leadership (Union Minister of State for Social Justice and Empowerment).

Functions of CPCSEA

1. Ensure registration of facilities engaged in breeding or experimenting on animals.
2. Choose and appoint candidates for IAEC of registered institutions.
3. Accept Animal House Facilities based on inspection reports.
4. Authorise performance of research involving animals.
5. Provide suggestion to import animals for scientific research.
6. Take legal action against establishments breaking rules or regulations.

Breeding of Animals

• No establishment shall carry on breeding or trade of animals for experiments unless registered.
• Breeders must apply for registration within 60 days from commencement of rules and stop breeding if registration refused.

Registration of Establishments

• No establishment shall perform experiments on animals unless registered.
• Establishments must apply for registration within 60 days and stop experiments if registration refused.

Stocking of Animals

1. Animal houses located in quiet atmosphere, premises tidy and hygienic, animals protected from drought and extreme weather.
2. Cages and stables allow animals to live in comfort; overcrowding avoided.
3. Where Indian Standards Institution standards exist, cages/stables shall conform.
4. Animal attendants suitably trained and experienced.
5. Animals looked after before and after experiments by trained and experienced attendants.
6. Satisfactory arrangement for looking after animals during off hours and holidays.

Performance of Experiments – Key Conditions

• Experiments by or under supervision of duly qualified persons (Veterinary Science/Medicine/Laboratory Animal Science degree/diploma).
• Experiments with due care and humanity.
• Animals properly looked after before and after experiments.
• Operative procedures under anaesthetic to prevent pain; anaesthesia administered by trained Veterinary Surgeon or Scientist/technician.
• Animals injured under anaesthetic destroyed humanely while still insensible.
• Animals suffering abnormal or severe pain at any stage shall be painlessly destroyed.
• Experiments not performed for manual skill (except in schools, colleges, recognised training institutions).
• Experiments not performed by way of illustration.
• Experiments not performed as public demonstration.
• Urari/Curari not used except with anaesthetic sufficient to produce loss of consciousness.
• Experiments with conclusively known results not repeated without justification.
• No chemical substance applied to animal eye for absorption through conjunctival membrane/cornea calculated to give pain.
• Dogs held for experimental purposes shall not be debarked.

Transfer and Acquisition of Animals

• Breeder shall not transfer animals to unregistered establishments.
• Establishments shall not acquire animals except from registered breeders/establishments.
• Animals not transferable except to registered breeders/establishments.
• Animals used for experimentation in production/breed improvement may be given out for domestic use.
• No import of animals available in the country.
• Compliance with directions given by Committee.

Power to Suspend or Revoke Registration

• Committee may revoke registration after giving reasonable opportunity to be heard.
• Committee may suspend registration pending final determination if prima facie failure.
• Committee may issue directions for care and protection of animals in custody.
• Upon suspension/revocation, establishment/breeder shall cease to perform experiments or acquire/transfer animals.

OFFENCES AND PENALTIES

Offences

• Exhibiting or training unregistered animals
• Exhibiting or training animals for which not registered
• Exhibiting or training animals on which experiments should not be conducted
• Not allowing inspection of premises where experiments are conducted
• Hiding animals to avoid inspection
• Failing to produce certificate despite being registered (no genuine reason)
• Applying for registration when not entitled

Penalties

Offence Type	Penalty
Offences under the Act	Fine ₹500 or imprisonment for 3 months or both
Contravention of conditions enforced by the Act	Fine up to ₹200

Note: If contravention takes place in any institution, the in-charge shall be held responsible for the offence and punished.

SUMMARY TABLE

Particular	Details
Act Name	Prevention of Cruelty to Animals Act, 1960
Animal Welfare Board	Established 1962 under Smt. Rukmini Devi Arundale; 28 members
IAEC	Institutional Animals Ethics Committee (8 members)
CPCSEA	Committee for Control & Supervision of Experiments on Animals (est. 1964, revived 1998)
Limitation Period	3 months (no prosecution beyond this period)
Penalty for Offences	₹500 or 3 months imprisonment or both