In India animal and bird abuse is quite common. There are many laws for the protection of animals. Unfortunately, citizens or for that matter even law enforcers, are not aware of these laws; as a result these poor neglected creatures continue to suffer and die due to inhuman treatment.
Some major laws for protecting the animals are:
- The Constitution of India (Its not a law but entitles basic rights)
- The Prevention of Cruelty to Animals Act, 1960
- The Indian Penal Code, 1860
- The Criminal Procedure Code, 1973
- The Wildlife Protection Act, 1972
- The Police Acts
- The Municipal Corporation Acts
The law of our land provides for protection and humane treatment of animals and as citizens of India, it is our fundamental duty to enforce these laws to protect the helpless animals who suffer in the name of religion, science, entertainment, business, etc.
But with greater awareness than before, more individuals in the country are rising up to speak for animals. It is their activism, along with international animal welfare organisations like the Humane Society International, World Society for Protection of Animals (WSPA) and People for the Ethical Treatment of Animals (PETA) which is helping to bring about a change in how animals are viewed in our country. A few examples are given below of how activism has brought about a change in how animals are treated.
On screen abuse
The use of animals in advertisements, television and films has increased, and, even now, laws concerning their use are not being strictly followed. Animals used in films are often treated as little more than props, and many suffer terribly behind the scenes. The film environment is quite different from the animals’ natural habitats: The hot arc-lighted sets, the relentless retakes and the whips of the trainers on the sets is something that these mute animals are not able to comprehend. It is a torture for them to be subjected to this kind of treatment.
There have been numerous cases of animals being severely beaten during filmmaking, and others have suffered serious injuries or even death. Some animals are drugged to make them ‘convenient’ to work with, and some have their teeth and claws surgically removed or impaired or their jaws stitched shut. Deprived of their natural instincts and habitats, which shape their character and existence as unique species and individuals, these animals become bizarre imitations of their former selves – spiritually dead, tamed and broken.
Not many filmmakers realise that even if animals are not treated cruelly during the shoot, they always have a history of torture and abuse. These animals are either caught from the wild or bred in captivity and are trained by a combination of cruelty, punishment and reward. Forcing animals to perform acts that are unnatural to them requires rigorous training methods that can include electric prods and food deprivation. Physical punishment has long been the standard training method for animals in filmmaking. Some species are less able to acclimatise to the training than others, and as a result, these animals suffer greater strain during these torturous sessions.
With an intention to control and supervise the use of animals in entertainment, the Government of India, in exercise of the powers conferred by sub-sections (1) and (2) of Section 38 of the Prevention of Cruelty to Animals Act, 1960 (59 of 1960), notified the Performing Animals (Registration) Rules, 2001. Rule 3 provides that any person desirous of training or exhibiting a performing animal shall apply for registration to the prescribed authority and shall not exhibit or train any animal as a performing animal without being registered under these rules. As a result of sustained pressure by animal activists and organisations, the Central Board of Film Certification now asks the applicants to furnish a non objection certificate from the Animal Welfare Board of India (AWBI) before certifying a film wherein animals have been used. It is because of the AWBI, with the help of activists around the country that some semblance of control is being brought into the usage of animals in films.
Safeguarding the birds
Parakeets are protected birds under the Wild Life Protection Act of 1972, and cannot be used for any ads or films, as ‘fortune tellers’ or sold or kept as ‘pets’. Possession of protected animals (who are listed in the different schedules of the Wildlife Protection Act 1972) without an appropriate ownership certificate from the requisite chief wildlife warden of that state is an offence, as is the trade and trafficking of all wildlife including wild birds.
It is estimated that for every single bird sold in the market, two die en route. Baby fledglings are stolen from their nests and smuggled in cartons, tiny boxes and even rolled up inside socks and brought to cities. Captive birds’ wings are crudely cut with a pair of scissors so that they cannot do the one thing they most long to do i.e. fly. The life of these birds are limited to tiny cages in which they can hardly stretch their wings.
Despite the Wildlife Protection Act, which bans the trade and trapping of all indigenous birds, and the Convention on International Trade in Endangered Species (CITES), which restricts the trade of foreign birds, black marketeering of birds thrives openly in many places, involving many of the country’s estimated 1,200 species. Laws designed to protect India’s birds are well intentioned but rarely enforced.
In 1997, the Bombay High Court constituted a committee to look into the cruel trade of birds in the city of Mumbai which temporarily curbed the illegal trade. The current committee is hampered from taking any action like raiding premises where this cruel, illegal trading of birds is being conducted, due to lack of proper facilities to keep these rescued animals, and the lack of adequately skilled personnel to take care of these rescued animals at the available facilities.
All kinds of animals can be found being sold in animal markets across the country where these animals are kept in terribly inhumane conditions, with puppies being drugged so that they don’t cry and large birds being stuffed into small enclosures. Star tortoises are sold openly and so are other protected animals.
Wild birds are often seen in these bird markets. All those named in Schedules I, II, III, and IV of the Wildlife (Protection) Act 1972 are protected species, whose capture is totally forbidden. Among often illegally sold wild birds are: Munias, Parakeets, Peacocks, Weaverbirds, Koel, Mynahs, and Owls.
Birds arrive into cities via the railways and the airlines. They are stuffed into cartons or into cages, covered with gunny sacks and sent as unaccompanied baggage. Often small cages stuffed with birds can be seen at the cargo section of the airport. A few days old parakeet babies are stuffed into cartons and flown by air from Nepal and towns of UP (from where they have been cruelly snatched from their nests) and are then taken to the animal market in the heart of the city. Birds are also sent to Mumbai in trains. These birds are not given any food or water during their entire journey, and by the time they reach their destination, many succumb.
Pain inflicted upon snakes
All snakes are protected under the Wildlife Protection Act, 1972 and hence it is illegal to capture, train or posses these animals. Yet, snake charmers could be found in abundance in cities, towns and villages across the country at one time. As the month of Shravan begins, so does the preparation for Naag Panchami or the festival of snakes.
Snake charmers throng the streets of the state, with cobras and other snakes in cane baskets, asking for money. Devotees offer milk to the snakes, and gather around to see the snake dance —a ritual where snakes spread their hood and sway to the tune of a pungi, a wind instrument. Most people are under the impression that the snakes are being charmed by the music, which is not true. Snakes sit up as a defensive reaction to the torture they are put through. People believe that feeding milk to snakes brings good fortune to the devotee; however snakes suffer terribly and usually meet with an early and a terrible death because of this practice.
Once the snakes are captured from their homes in the forests, they are kept in tiny boxes or suffocating bags. The snake’s teeth are yanked out violently; their venom ducts pierced with a hot needle and some snake’s mouths are painfully sewn shut. Snakes normally never drink milk, but the handlers starve them, denying them of any food or water. Thus when milk is offered to the snake, they consume it thirstily, which later causes the snake severe dehydration, allergic reactions, and often dysentery. Sometimes, snakes used in these rituals go blind. The reason: the toxic tikkas that are applied to the snake’s hood during the worship ritual which trickle into their eyes, making them lose their eye sight. Other snakes fare no better. Pythons have their mouths stitched together so they cannot bite those provoking them.
Snakes are captured from their natural homes for other purposes as well. Their skins are made into leather purses or belts, while some snakes are sold live to hospitals and colleges for dissection. Others spend miserable lives cramped in a dark box and taken out only for venom milking.
But thanks to the presence of animal activists and awareness amongst urban dwellers, the incidence of snake charmers in cities has dwindled to almost nil. They can still be found in the rural areas though.
Elephants in cities have been banned as a result of activism and so have monkey and bear madaris. What still needs to be checked is the incidence of unregulated and cruel animal slaughter in abattoirs and on the streets.
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Anuradha Sawhney
The writer was heading the PETA India office for nine years and has been an active campaigner for animal rights and environmental issues. She now has a vegan food catering service in Pune called Back to the Basics.[/column]