Animal Welfare in India is a fundamental concept and a legal framework, primarily institutionalized by the Prevention of Cruelty to Animals (PCA) Act, 1960. The Act was enacted in 1960 to prevent the infliction of unnecessary pain or suffering on animals and amend related laws. Its origin is rooted in the constitutional value of compassion for living creatures, a fundamental duty enshrined in Article 51A(g) of the Constitution of India.
The PCA Act works by prohibiting specific acts of cruelty, such as beating, kicking, overloading, or otherwise subjecting an animal to unnecessary pain or suffering, as detailed in Section 11. Section 3 imposes a duty on every person in charge of an animal to take all reasonable measures for its well-being. The Act also regulates the use of animals for scientific experimentation (Chapter IV) and as performing animals (Chapter V).
The concept connects directly to the Animal Welfare Board of India (AWBI), a statutory advisory body established in 1962 under Section 4 of the PCA Act, 1960, which advises the government on welfare laws. It is also linked to the Wildlife Protection Act, 1972, which protects wild species. A landmark judicial connection is the Supreme Court's judgment in Animal Welfare Board of India (AWBI) vs A Nagaraja & Ors (2014), which directed Parliament to update the law to provide an effective deterrent.
The law has been subject to recent proposed changes, as the original Act's penalties were minimal, with a fine of only Rs. 10-50 for a first offense. The Ministry of Fisheries, Animal Husbandry and Dairying submitted a draft Prevention of Cruelty to Animals (Amendment) Bill, 2022, proposing 61 amendments. The draft proposes to significantly increase penalties, such as fines of Rs. 50,000 to 75,000 for 'gruesome cruelty,' and introduces the concept of the Five Freedoms for animals. While the original Act remains in force, the proposed amendments aim to make the law more stringent.