Law Commission of India Submits its Report no. 261 on Animal Welfare Regulations

Law Commission of India Submits its Report no. 261 on Animal Welfare Regulations 

Recommends need to Regulate Pet Shops and Dog and Aquarium Fish Breeding 


The Law Commission of India has, on 28th August 2015, i.e. today submitted its Report No. 261 on the “Need to Regulate Pet Shops and Dog and Aquarium Fish Breeding” to the Union Minister of Law and Justice. The report observes that pet shops and breeders violate provisions of animal welfare laws with impunity, and recommends that it is necessary to regulate their practices. 

India has a pet trade estimated to have an annual turnover of several thousand crore rupees, and growing at a fast pace every year, according to representations received by the Law Commission from animal rights and animal welfare organisations across India. However, the business remains largely unregulated. This appears to because rules in this regard have not been issued under the Prevention of Cruelty to Animals Act, 1960. 

As a result, while thousands of breeders and pet shops exist in the Indian market, there are no regulations protecting the animals they breed or sell. Reports suggest that these animals are kept in terribly inhumane conditions. For instance, it appears that puppies are drugged to prevent them from crying, large birds are stuffed into small cages and fish become stressed and sometimes die because of confinement, crowding, contaminated water and unnatural temperatures. Other common harmful practices include de-beaking birds, docking the tails of dogs, selling unweaned pups, and de-clawing kittens. Poor conditions in pet shops and a lack of basic veterinary care also put the general human public at increased risk of contracting diseases transmitted through animals. 

The Law Commission undertook a thorough analysis of the legal position, various representations, as well as the large number of reports on the issue, and has noted that the provisions of the law are violated with impunity by pet shops and breeders. Given the gravity of the issue, the Central Government must seriously take cognizance of the issue and regulate such trade and breeding practices. 

Further, the rules on pet shops, dog breeding and aquarium fish breeding have been drafted in consultation with stakeholders and lying pending with the concerned ministry since 2010. The Ministry of Environment, Forest and Climate Change, based on the opinion of the Legislative Department and the Department of Legal Affairs, Ministry of Law and Justice, believes that the Prevention of Cruelty to Animals Act, 1960, does not have enabling or substantive provisions to issue these regulations, and thus, issuing these regulations would be beyond the powers of the Ministry under the law. The Law Commission emphasises, however, that there are sufficient powers contained in the law which allow these rules to be issued, and recommends that the rules be notified and implemented at the earliest. 

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Law Commission of India’s Clarification on News Item “End Death Penalty, Keep it for Terror Only: Law Commission” 

The Law Commission of India issued the following PRESS COMMUNIQUÉ today in light of a news item titled - “End death penalty, keep it for terror only: Law Commission” in a daily for publication/broadcast.



PRESS COMMUNIQUÉ

                        A newspaper report appeared in the Delhi Edition of Indian Express dated 28 August 2015 captioned “End death penalty, keep it for terror only: Law Commission”. The Law Commission of India clarifies that this is a case of incorrect reporting arid does not reflect the final recommendations of the Commission. The “draft report” that has been reported upon is not the final version that is proposed to be submitted to the Union Minister of Law and Justice. The Commission further clarifies that a subject like death penalty is extremely sensitive in nature, and reporting on such a subject without clearly understanding the views of the Commission may have an adverse impact on the public. Attributing the final views of the Commission to a “draft report”, that was intended for private circulation amongst Members and meant for discussion, has opened up the issue for unnecessary speculation. The Commission regards the news report  as  an interference in  its  functioning.

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Arun Jaitley Releases Book “Globalisation, Democratization and Distributive Justice” Authored by Professor Mool Chand Sharma Professor of Law at Delhi University and Presently the Member of Law Commission of India 

Says Globalisation is a Reality and Higher Growth is Best Response to Poverty 

Shri Arun Jaitley, Union Minister of Finance, Corporate Affairs and Information & Broadcasting has said that globalisation is a reality and higher growth is best response to poverty. The minister was speaking after the release of a book “Globalisation, Democratization and Distributive Justice” authored by Prof (Dr.) Mool Chand Sharma, Professor of Law at Delhi University and presently the Member of Law Commission of India here in New Delhi today. 

The Minister said history many times changes its course because of unusual forces. Developments beginning from 1990s do testify this course change taking place all over including India. He said, these forces which author says could be loosely described as forces of globalisation and which are re-shaping the world of today include: the shifting of economic centres of gravity from Europe and America to Asia; accelerated impact of technological revolution; dynamics of changing demographics and the breathtaking interconnectivity between trade movement of capital, people and information. According to author, these forces have accelerated and fed each other bringing profound changes in every walk of life of nations, societies and individuals be it economic, political, social or cultural. Societies unable to adapt to these dramatic changes are likely to collapse. No doubt these vast changes have brought alongwith them number of paradoxes and conundrums such as rising prosperity on one side but widening poverty on the other; need for development especially of infrastructure on one side and the cost in terms of loss of livelihood, habitat and traditions of tribals and forest occupies and small farmers on the other. It is highlighted that dealing with these paradoxes and fast occurring changes do demand introduction of reforms in economy, politics and the way a society manages its institutions. 

The minister said that introducing reforms especially the ones needed for enhancing growth which is so crucial especially for generating jobs and creating infrastructure including rural is the need of the time. Any lack in introducing reforms may prove fatal. He said the work emphasises that it is not only reform and growth but the need is to ensure that growth is even, balanced and inclusive. Rising inequalities could prove fatal not only for the poor but for the “growth” itself. 

Justice Rohinton Nariman ,Supreme Court of India on this occasion while praising the author said the work of the author highlights as to how pressing is the need of taking idea of Distributive Justice beyond rhetoric and ensuring that rising aspirations do not get transformed into frustration ultimately leading to cynicism against the system itself. It also believes that that all this cannot be achieved without sustained high growth. 

The book acknowledges that apart from measures like Employment Guarantee Act, Right to Education Act and Food Security Act some of the recent steps taken on economic and fiscal side like introduction of Goods and Services Tax, schemes related to financial inclusion etc along with initiatives like: ‘Make in India’, ‘Digital India’, ‘Skill India’ and ‘Swachh Bharat Abhiyan’ can prove catalyst in this regard.