INTRODUCTION
Pets are considered a part of the family; they bring loads of love, joy, and comfort to our lives. Owning a pet is not just about love, joy, and comfort; it also comes with legal responsibility for pet parents. Many laws in India ensure the rights and protection of pets, animal welfare, and govern the responsibility of pet ownership. These laws are enacted to protect animals or pets from exploitation, abuse, neglect, abandonment, cruelty, and illegal trade. Pets are also living creatures who have their legal rights protected in Indian laws. These laws ensure that the pets have a safe and happy life.[1] It also promotes a peaceful existence for pets in society. The laws on Pet Ownership make the world safe for humans and animals both.[2]
NEED FOR LAWS ON PET OWNERSHIP
Pet ownership laws need to –
- Make all pet parents aware of their duties and responsibilities.
- Ensure animal welfare and public safety.
- Protect animals from exploitation.
- Create a balance between pet owners and the community/society.
- To regulate the keeping of wild, exotic, and endangered species as pets.
- To mandate basic requirements for keeping pets.
LAWS ON PET OWNERSHIP
Prevention of Cruelty to Animals Act 1960:[3] This law aims to protect animals from cruelty. It ensures the duty of persons having charge of animals to take all reasonable measures to ensure their well-being. Under this law Central Government established the Animal Welfare Board of India (AWBI)[4] for the promotion of animal welfare and for protecting animals from unnecessary pain and suffering. This law also imposed punishments and penalties on individuals who were found guilty of committing an act of cruelty on animals.
Bharatiya Nyaya Sanhita, 2023:[5] Section 325 of BNS, 2023 protects animals, including pets, from killing, poisoning, maiming, or rendering. Any person who is guilty of such an act shall be punishable with imprisonment for a term that may extend to five years and a fine, or both.
Constitution of India – Article 51A(g)[6] of the Constitution of India provides a fundamental duty to every citizen to protect and have compassion for living creatures, including pets.
Wildlife Protection Act 1972:[7] The aim of enacting this law is to protect wildlife species such as wild animals, birds, and plants. This law prohibits people from keeping wild animals, exotic (snakes, turtles) and endangered species as pets. Only domestic animals (such as dogs, cats, and rabbits) are allowed to be them as pets.
Prevention of Cruelty to Animals (Pet Shop) Rule 2018:[8] The rule is framed under the Prevention of Cruelty to Animals Act, 1960 aim of this law is to regulate pet shops, prevent exploitation of animals by pet shop owners and ensure the welfare of animals in pet shops. Under this act, every pet shop must be registered with its State Animal Welfare Board (SAWB)[9] and obtain a certificate of registration. The license has not been provided to the pet shop owner if there is no certificate of registration. Also, at the time of inspection of the pet shop, the owner must allow the authorised inspector from the State Animal Welfare Board (SAWB) to inspect the shop. In case of non-compliance with the law, the pet shop can be sealed or registration can be cancelled.
The Prevention of Cruelty to Animals (Dog Breeding and Marketing) Rules 2017:[10] This rule is framed under the Prevention of Cruelty to Animals Act, 1960, and aims to ensure that dog breeding and sales are conducted with reasonable responsibility and promote proper care for dogs. This rule mandates the registration of dog breeders with the State Animal Welfare Board (SAWB) to ensure dog welfare and prohibit the sale of puppies under eight weeks old. This rule provides medical and care information to purchasers.
Housing and Apartment Rules:[11] Animal Welfare Board of India (AWBI) states that a housing society cannot ban pets, as it violates Article 21 of the Constitution of India and the Prevention of Cruelty to Animals Act, 1960, which gives rights to the pet owner to keep pets. A housing society can impose reasonable rules such as leash use and hygiene, or take action towards the owner in case of any negligence, but does not ban pet owners from keeping pets or discriminate against them based on their pets. Also, the Pet owner must be aware of the fact that they are responsible for the actions or conduct of their pets in society; they must ensure that their pets don’t create any nuisance in society.
The Transport of Animals Rule 1978:[12] This rule is framed under the Prevention of Cruelty to Animals Act, 1960, and aims to ensure safe and ethical transport of animals by all modes of transport (such as road, rail, air). This rule ensures the suitability of travel, mandates the health certificate of the animal from veterinary doctors, proper food, water, ventilation, and attendants. This prohibits animals from travelling who are newborn, sick, old, or pregnant. Railways and Airlines also have their pet travel rules.
PET OWNERS RESPONSIBILITY
Registration of Pets:[13] Many cities require pets to be registered with the Municipal Corporation. For registration, a few documents (such as the owner’s ID, pet vaccination certificate, address proof, and a photograph of the pet) need to be submitted along with the application form (which includes some details such as the pet’s name, breed, age, and colour) and registration fees. After the approval, the pet owner will receive a license or registration certificate. Registration of pets is required to manage the pet population and the guardian status of pets.
Leash and Public Safety: The Pet(dog) owner keeps their Pet on leash in public space to ensure control over the pet and to prevent the pet from running off, accidental harm, or bites.[14]
Public Nuisance: Pet owners must ensure that their pets do not create any type of public nuisance or injury, such as their persistent barking, foul odours, or actions that cause harm to others. Pet owners are expected to train their pets for good social behaviour.[15]
Healthcare and Vaccination: Pet owners must ensure that their pets are vaccinated and receive medical treatment from veterinary doctors from time to time to keep them healthy. Vaccination helps to protect the pet from sickness; it also helps to protect other pets from spreading infectious diseases and humans from zoonotic diseases, which spread from animals to humans. Vaccination is also one of the requirements for registration and licensing of pets.[16]
Duty of Care:[17] Like humans, animals are also entitled to having basic needs for living, such as food, water, and shelter. It’s the responsibility of the pet owner to provide them with sufficient nutrition, clean drinking water, and a safe shelter. If the owner is unable to provide these basic needs to their pet in the context of the duty of care, then they shall be held liable under the Prevention of Cruelty to Animals Act, 1960.[18]
Cleanliness and Hygiene: Pet owners are responsible for cleaning up and disposing of pet waste in designated bins after their pets in public areas to prevent mess in the public areas, to regulate the transmission of diseases, and to reduce the risk to public health. Pet owners can train their pets so that they cannot create a mess in public areas, and also, they can include regular exercise in their pet’s daily routine.
CONCLUSION
There are several laws and guidelines regarding pet animals and pet owners. Pet animals are living creatures like human beings are, so they also need to be treated and protected well. The pet parents are responsible for the overall well-being and actions of their pet because they are bound by the duty of care for their pet. They must fulfil all their legal and moral responsibilities towards their pet. Being a responsible pet parent means respecting laws and the community.
Author’s Name: Mansi Kaushik (Sage University, Bhopal)
[1] Animal Welfare Board of India v A Nagaraja and Ors (2014) 7 SCC 547
[2] The Wildlife (Protection) Act 1972 (Act No 53 of 1972)
[3] The Prevention of Cruelty to Animals Act 1960 (Act No 59 of 1960)
[4] Animal Welfare Board of India, established under The Prevention of Cruelty to Animals Act 1960, s 4
[5] Bharatiya Nyaya Sanhita 2023, s 325
[6] Constitution of India, art 51A(g)
[7] The Wildlife (Protection) Act 1972 (No 53 of 1972)
[8] The Prevention of Cruelty to Animals (Pet Shop) rules 2018, made under The Prevention of Cruelty to Animals act 1960, s 38
[9] State Animal Welfare Board, established under The Prevention of Cruelty to Animals act 1960, s 4, read with Prevention of Cruelty to Animals (Pet Shop) Rules 2018
[10] The Prevention of Cruelty to Animals (Dog Breeding and Marketing) Rules 2018, made under The Prevention of Cruelty to Animals act 1960, s 38
[11] Animal Welfare Board of India, ‘Guidelines on Housing Societies and Pets’ (AWBI Circular, 2015)
[12] The Transport of Animal Rule 1978, made under The Prevention of Cruelty to Animals act 1960, s 38
[13] Municipal Corporation of Delhi,’Pet Registration Rules and Guidelines’(MCD 2023)
[14] Animal Welfare Board of India,‘Guidelines on Pet Owners Duties’ (AWBI Circular, 2016)
[15] Ministry of Enviornment, Forest and Climate Change, ‘Model Bye Laws for Regulation of Pet Ownership in Residential Area’ (MoEFCC. 2021)
[16] World Health Organisation, ‘Zoonotic Diseases: Risks from Animals to Humans’ (WHO, 2022)
[17] The Prevention of Cruelty to Animals Act 1960, s 3.
[18] The Prevention of Cruelty to Animals Act 1960, s 11
