Animal Law In India
1) Wildlife Protection Act (1972)
- Chapter 4 provides for declaration of sanctuaries and national parks and restrictions on entry into sanctuaries
- Prohibits hunting of wildlife and imposes punishment for violating the same
- Chapter 4(A) deals with Zoo Authority and recognition of zoos
- Evaluates and assesses the functioning of zoos with respect to the standards or the norms as may be prescribed
- Provides for prohibition of trade and commerce of wildlife
- Section 40 and 42 explain requisites for ownership and licensing of wildlife
- Penalties are prescribed in Section 51, which can be enforced by agencies such as The Forest Department and CBI
2) Declaration of Wildlife Stock Rules (2003)
- Provides for the procedure of filing application for declaration of wildlife stock
- Provides for procedure and requisites to obtain certificate of ownership
- The certificate of ownership should contain the facsimile of the identification mark and in case of live animals the identification number of the transponder(microchip) implanted shall be mentioned in the certificate
3) Recognition of Zoo Rules (2009)
- Provides for the requirements that zoos are legally obligated to follow in order to gain recognition from the CZA
- Provides for the development and planning of zoos, keeping in mind the needs and requirements of the animals
- Enforces that enclosures are maintained according to the species requirement and number of animals
- Provides for the upkeep and healthcare of zoo animals
4) The Elephants Preservation Act 1879
- Section 3 prohibits the killing and capturing of wild elephants
- Enforces the rights of Govt. with respect to certain elephants and tusks
- Ensures penalty for the violation of Section 3
5) National Zoo Policy 1998
- No new zoo shall be set up unless a steady and adequate flow of financial resources is guaranteed
- Provides for the maintenance of a healthy, hygienic and natural environment in the zoo
- Under Section 3.2.1 no zoo shall collect animals from the wild, other than approved founder animals for breeding purposes
6) Prevention of Cruelty to Animals 1960
- Provides for restriction on exhibition and training of performing animals
- Section 24 emphasis on the power of the court to restrict the exhibition and training of performing animals, unless they’re registered
7) The Performing Animals (Registration) Rules 2001
- Mandates that prior permissions must be sought for use of performing animals in films
- The owner shall not make a performing animal perform if it is sick, injured or pregnant
- The owner shall ensure that the animal is not transported or kept in cages which do not measure in height, length or breadth under the Transport of Animal Rules 1978
8) Transportation of Animals Rules, 1978
- Chapter 3 provides for provision of a valid health certificate by a qualified veterinary surgeon to the effect that the monkeys are in a fit condition to travel
- If the travel times is more than 6 hours, provisions for food and water to be made
- Pregnant and nursing monkeys are not to be transported unless permitted by the central government
9) Protection of the National Bird – Indian Peafowl
- The Indian Peafowl (Pavo cristatus), the National Bird of India, is listed in Schedule-1 of the Wildlife (Protection) Act 1972, with the highest degree of protection
- To curb poaching of the Peafowl due to demand for articles made of its feathers, several measures have been enforced
- This includes reporting and documenting any case of peafowl mortality
- Empowers authorized enforcement agencies to check stocks and records for source, chain and trade of peacock feathers
- Reiterates that no person is exempt from the ban on hunting
- Allows forensic investigation into whether large stock of feathers were obtained via natural shedding or forcibly plucked
- Emphasizes that Wildlife Enforcement agencies take all measures to ensure that the Peacock is not annihilated or destroyed, because of their feathers