Is it Illegal to Kill/Harm a Dog in India?

Introduction

India, a country known for its rich cultural heritage and diverse traditions, has a deep-rooted reverence and respect for animals by the means of petting and domesticating them. In recent years, due to violence and hate towards dogs, specifically street/stray dogs, there has been growing concerns about stray dog protection keeping in mind safety of humans.  Many individuals are curious to know if it Is it illegal to kill or harm dogs in India.

This article attempts to offer light on the legal framework and animal protection legislation that control how dogs are treated in the country, whether is it legal to sterilize them, relocate or euthanise them.

Animal Cruelty Laws in India

India being a Democratic country has over the time enacted various laws for protection of Animals (Including strays). Protection of Animals and dog killings  are governed by the following acts –

Indian Constitution

The Indian Constitution contains various articles and provisions that are meant to protect animals and promote their welfare. These articles represent the commitment of India towards animal rights and stress the need to be kind and compassionate towards all living entities upon which they exist.
Article 21 of the Indian Constitution grants a person the right to life and freedom from arbitrary arrest. This article unmistakably includes animals, as an expanded dimension of Article 21 by the Supreme Court Of India has interpreted and expanded the scope of Article 21 to include the protection and preservation of animals. It also ruled that it was ethically unjustifiable not to extend all possible measures for preserving them.
In several rulings, the Supreme Court has acknowledged animal-centric intrinsic value and manifested respect for them as nearly alive entities. It underscored the imperative of safeguarding these creatures from excruciating pain and suffering and noted the significance of treating them with utmost kindness and loving patient care . In numerous other judgments, the Court recognized Animal Welfare Board of India v. Aric Nagaraja [2014] in declaring that animals possess a legal entitlement to be treated compassionately and with dignified stature. Due to this violating cruelty against animals, it held that practices such as bullfighting or Jallikattu had no sanctity nor were there any ethical constraints on opposing them .

Article 48A under part IV of the Indian Constitution. It reads – “The State shall endeavour to protect and improve the environment and to safeguard the forests and wild life of the country.”

Although this clause cannot be legally enforced, it can be done so if it falls under the purview of Article 21. In accordance with this Article, the state must safeguard its forests and wildlife while drafting any other laws.

In Sachidanand Pandey & Ors. v. The State of West Bengal & Ors. (1987), the Supreme Court held that Article 48A must be kept in mind whenever a matter regarding maintenance of the ecology is brought before the Court. 

Article 51A (g) places a duty on the citizens of India to protect and improve the natural environment and have compassion for all living creatures.

Indian Penal Code,1860

Penal provisions under IPC for harming animals including stray dogs are –

Section 428 – Mischief by killing or maiming animal of the value of ten rupees.—Whoever commits mischief by killing, poisoning, maiming or rendering useless any animal 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 – Mischief by killing or maiming cattle, etc., of any value or any animal of the value of fifty rupees.—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.

The Prevention of Cruelty to Animals Act, 1960

The Animals Cruelty Prevention Act 1960 is an important law aimed at stopping animal cruelty. It accepts that animals should be given to be handled with gentleness and admiration. The legislation guarantees safety for canines and other creatures. This ensures the well-being and disallows any unjustifiable injury or taking of life.

Establishment of Animal Welfare Board of India (AWBI)  : The Prevention of Cruelty to Animals Act, 1960, establishes the Animal Welfare Board of India (AWBI) as a central body responsible for ensuring the proper implementation of the act. The board consists of representatives from various sectors, including animal welfare organizations, veterinary professionals, and government officials.

Animal Welfare Board of India v. A. Nagaraja

The case law “Animal Welfare Board of India v. A. Nagaraja” was a landmark judgment delivered by the Supreme Court of India in 2014. The case primarily dealt with the issue of cruelty towards animals in the context of the traditional practice of Jallikattu (bullfighting) and bullock cart races in the state of Tamil Nadu.

The Supreme Court, in its judgment, held that the Prevention of Cruelty to Animals Act, 1960, aimed to prevent the infliction of unnecessary pain or suffering on animals and promote their well-being. The court emphasized that animals have the right to be treated with compassion and dignity.

Can you be Jailed for harming a stray Dog in India ?

In India, hurting a dog can cause someone to be put in prison. The Protection of Animals for Animals Legislation in 1960 protects animals, such as canines. It considers inflicting damage or inhumane treatment against them as a violation. People who inflict harm to canines may face legal penalties, which might entail incarceration. It’s crucial to remember that the duration of the penalty can differ contingent upon the factors of every situation. The judge’s decision and additional important considerations exert a significant influence in establishing the period of the punishment. The objective of these sanctions is to deter individuals from participating in acts of harm to animals. Furthermore, they strive to maintain laws protecting animals within the nation.

What are the consequences/punishment of harming or killing a stray Dog in India?

Individuals who engage in harming stray dogs may face charges  (Penalty for killing dogs in India) under Section 11 of the Prevention of Cruelty to Animals Act, 1960. This section stipulates that the accused can be subject to a fine ranging from Rs. 10 to Rs. 50 for their initial offense. In the case of subsequent act committed within three years of the previous offence, with a fine which shall not be less than Rs. 25 but which may extend to Rs 100 or with imprisonment for a term which may extend to three months, or with both.

The person can also be charged with IPC 428 where the accused shall be punished with imprisonment of either description for a term which may extend to two years

Draft Prevention of Cruelty to Animal Act,2022

The Central Government had introduced draft Prevention of Cruelty to Animal Act, (Amendment) Bill-2022 drafted by Ministry of Fisheries, Animal Husbandry and Dairy. It aims to impose severe penalties on anyone who commit acts of animal cruelty and also includes punishment for harming dogs in India.

The Bill proposes penalty ranging from Rs 50,000 to Rs 75,000 “or the cost of the animal…whichever is more or with the imprisonment of one year which may extend up to three years or with both” for the offence of gruesome cruelty. For killing an animal, the draft bill proposes a maximum punishment of five years in jail.

It has defined various degree of Crimes such as “bestiality” as a crime under the new category of “gruesome cruelty.”

Conclusion

In India, the Prevention of Cruelty to Animals Act, 1960 makes it unlawful to kill or harm dogs without a legitimate reason. The legal framework and laws regarding cruelty towards dogs in India prioritize treating all animals, particularly dogs, with dignity and compassion. The recent decision by