Article 51A(g) of the Constitution of India provides the fundamental duty to protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures. We have the fundamental duty to treat the animals with compassion but, do we have the fundamental right to keep the animals as pets? Unfortunately, the answer is no. This answer might be a relief for the animals who are not dependent on the human beings for their survival and are habitual of living in their natural habitats in forest but not for animals like dogs, cats, cattle, etc. who need continuous human care and affection for their well being. The International Association of Human-Animal Interaction Organizations approved a resolution at Tokyo Declaration, 2007 that “It is a universal, natural and basic human right to benefit from the presence of animals.” In India, this right has not been recognized yet and in many private residential societies, it can be seen that there are prohibitions on keeping pets. Though, it is not our fundamental right to have pets, but still, keeping certain animals, reptiles and birds as pets is permissible in India, which are not illegal to be kept in any statute. Schedule 1 to Schedule 4 of the Wildlife (Protection) Act, 1972 provides a list of wildlife animals which are the property of the government as per the Act and cannot be kept as pets. Section 40 of the Act provides that any person who obtains, by any means, the possession of Government property (wild or captive animal), shall, within forty-eight hours from obtaining such possession, make a report as to the obtaining of such possession to the, nearest police station or the authorized officer and shall, if so required, hand over such property to the officer-in-charge of such police station or such authorised officer, as the case may be. No person shall, without the previous permission in writing of the Chief Wild Life Warden or the authorised officer—
(a) acquire or keep in his possession, custody or control, or
(b) transfer to any person, whether by way of gift, sale or otherwise, or
(c) destroy or damage, such Government property.
The offence of keeping the wild animal as pet is punishable with imprisonment for a term ranging between three to seven years or/and fine ranging between Rs. 10000 to Rs. 25000. The offence is also cognizable, non-bailable and triable by the Court of Session. The list of species, provided in Schedules which are not allowed to be kept as pets, include, cats species like Desert Cat, Fishing cat, Golden Cat, leopard cat, Marbled cat, Rusty spotted cats etc., hares species like Hispid hare, Black naped, Common Indian, etc., turtle species like Audithia Turtle, Ganges soft-shelled turtle, Green Sea turtle, Hawksbill turtle, Tent turtle etc., lizard species like Monitor lizard, Yellow monitor lizard, water lizard, etc., birds species like Mountain partridge, Mountain quail, Nicobar pigeon, Swiflets, hill myna, jays, flowerpeckers, pigeons, munias, etc. So, those who cannot differentiate between the species might have the banned turtles, cats or birds with them as pets.
Section 3 of the Animal Birth Control (Dogs) Rules, 2001 provides that the owner of pet dogs shall be responsible for the controlled breeding, immunization, sterlization and licensing in accordance with these rules and the law for the time being in force within a specified local area. Transport of Animals Rules, 1978 provides the rules regarding the transport of all animals including cats and dogs viz. no dog or cat in advance stage of pregnancy should be transported, they shall be well fed before and during the journey, they shall be put in a cage where transported for short distance in public vehicle etc. Registration of Cattle Premises Rules, 1978 provides that every premise where five heads of cattle are kept for profit shall be registered. Section 3 of the Prevention of Cruelty to Animals Act, 1960 provides the duty of the person having the care and charge of animals to take all reasonable measures to ensure the well-being of such animal and to prevent the infliction upon such animal of unnecessary pain or suffering. Any person treating an animal with cruelty, in case of first offence is punishable with fine ranging between Rs. 10 to Rs. 50 or, in case of repetitive offence is punishable with fine ranging between Rs 25 to Rs. 100 or/and imprisonment for a maximum term of three months. An owner is also deemed to have committed an offence if he failed to exercise reasonable care and supervision with a view to prevent such cruelty. The court can also deprive the owner of the custody of animal in case he is found guilty for cruelty. The government has proposed a draft of Prevention of Cruelty to Animals Bill, 2021 for the enhancement of the aforesaid punishment and amendment of Prevention of Cruelty to Animals Act, 1960 which is yet to be passed.
Indian Pena Code (IPC) is also not silent regarding the offences against animals and provides the punishment for cruelty against animals as described below:
- Section 428 under which whoever commits mischief by killing, poisoning, maiming or rendering useless any animal or animals of the value of the ten rupees or upwards, shall be punished with imprisonment of upto two years or/and with fine.
- Section 429 under which 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 upto five years or/and with fine.
What if the animal provides harm to a person, due to negligence of owner or the person who possess the animal? IPC is not silent on the aforesaid situation and provides that – whoever knowingly or negligently omits to take such order with any animal in his possession as is sufficient to guard against any probable danger to human life, or any probable danger of grievous hurt from such animal, shall be punished with imprisonment upto six months and/or fine upto Rs. 1000.
Hence, be vigilant and always try to ensure before keeping any pet that yours pet is not the one of the prohibited category.
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