India
1960 Prevention of Cruelty to Animals Act
Summary Description
Provides basic anti-cruelty legislation for animals.
Species
All animals
Jurisdiction
India
Sub-Jurisdiction
N/A
Type of Act
Legislation
Status
In force
Legal Value
Binding
Date Enacted
1960
Date Updated
June, 2023
Official Citation
The Prevention of Cruelty to Animals Act, 1960 (India)
Strengths & Weaknesses
Strengths
- Covers all animals ('Animal' is defined as all living creatures other than human beings (Section 2(a)).
- Establishes the Animal Welfare Board to advise the government and ensure proper enforcement of the Act.
- Calls for the creation of a Society for the Prevention of Cruelty to Animals (SPCA) in each state.
Weaknesses
- Does not recognise animal sentience.
- Does not provide regulatory definitions of what "unnecessary suffering" is. Section 3 lays out that anyone in charge of any animal shall '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.'
- Provides only non-binding rules for farmed animals, enacted by the Department for Animal Husbandry and Dairying. These rules do not set minimum stocking density levels, do not prohibit the use of cages, mutilations (dehorning, castration and nose roping) and even allows some mutilations without anaesthesia and the use of analgesics.
- Does not impose stunning during slaughter (Article 28).
- Provides weak penalties: breach of anti-cruelty provisions of Section 11 (a) to (o) may only result in the offender being subject to fines of up to 50 rupees.
Related Laws/Policies
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