2-YEAR M.A. (ANIMAL PROTETCION LAWS)
SEMESTER – III
2.3.7. Criminal Law
Animal protection laws are also impacted by criminal law. There are criminal consequences for animal cruelty in both anti-cruelty specific legislation and the Indian Penal Code. In furtherance of the same, in order to understand enforcement and effectiveness of policy measures, a sound understanding of certain provisions of the CrPC, Evidence Act and IPC are imperative and are covered in this course.
a. Indian Penal Code
- Killing and Maiming an Animal: s. 428, 429
- Criminal Conspiracy
- Criminal Intimidation
- Bestiality
- Theft
b. Criminal Procedure Code
- Investigation,
- trial
- prosecution (basics),
- sentencing
- Cognisable and Non cognizable offences
c. Reporting Animal Abuse and Cruelty (How to file an FIR)
d. Evidence Act
- Burden of Proof (section 101)
- Hearsay
- Types of Evidence
- Proof of Facts by Oral Evidence (section 59) & Proof of Contents of Documentary Evidence (Section 60)
- Admissibility of evidence
e. Reporting cases of animal cruelty that are online.
f. Procedure with respect to minors. (witness, and perpetrators)
2.3.8. Associated Laws Relating to Animal Protection
Animal law is interconnected with other legal spaces, and Animal Law encompasses a plethora of other ancillary laws that impact its implementation. This course helps encourage effective animal advocacy by providing an interdisciplinary legal approach to animal protection issues. This course will examine other important laws that often arise alongside specific animal protection laws and demonstrate how they overlap and interconnect to provide a holistic understanding of all the laws that apply to animal protection.
a. Environmental Law
b. Labour Welfare and Law (including child labour)
c. Public Health Law (including food safety)
d. Sustainable Development Goals
e. World Organization for Animal Health, International Laws, Treaties and Declarations
f. Prosecuting Animal Abuse
- Prosecuting Wildlife Crimes:
- Forensic science and wildlife
- Prosecution in wildlife cases
- Securing convictions in wildlife crimes
- Investigating & Prosecuting Animal Cruelty under the IPC/PCA
- Procedure for investigation
- Taking the animal abuse case to trial
- Expert testimony
- Sentencing Options
- Fine
- Imprisonment
- Fine and imprisonment
- Depriving ownership/possession of animals
g. Important Case Law
2.3.9. Civil Law
This course aims to provide an overview of how civil laws interact with animal protection laws and covers those relevant aspects of certain civil laws that individuals working in animal protection may require and the laws that constrain certain activities relating to animal protection.
a. Law of Torts
- Meaning and essentials of a tort
- Negligence and Gross Negligence
- Trespass
- Strict and Absolute Liability
- Defamation
- Consumer Protection Laws
b. Motor Vehicles Act: (Illegal transport, hit-and run animals)
c. Intellectual Property
- Trade Marks
- Copyright
- Fair use
d. Laws relating to publication of images, videos and other material
- Restrictions on collection and publication of certain material (defamation, material that may cause public panic, method of collection and storage of material, publication during pendency of a suit etc.)
2.3.10. Animals & Society
This course explores the possibilities of locating animals beyond the traditional roles and functions associated with them. It delves deeper into creating an understanding of animals as beings who are closely knit alongside humans within the fabric we refer to as ‘society’. Therefore, the construction and perception of society becomes central to the study of the cohabitative relationship between animals and humans. The historical transitions in the conception of ‘society’ has direct bearings on the changing dynamics in the animal- human relations and law occupies a significant position in mapping this trajectory.
a. Animals and Identity
- Animal liberation movement as a new social movement
- The idea of speciesism and it’s connection with other anti-discrimination movement like racism and feminism
- ‘Othering’ as an idea to understand discrimination
- Public vs Private sphere and the idea of animals as a group/community
- Construction of the ‘self’ and limits of ‘sameness’
b. Representing Animals
- Animals represented as human-like
- Animals as role models
- Humanism vs. Animalism
- Animals in the Anthropocene and in a post-human society
c. Animals Beyond Utility
- Animals as kin
- Animal and Family Law: Representation of animals in courts as family members rather than as property in some jurisdictions
- Animals as healers
- Role of a duty-based approach in challenging the property status of animals
- Hierarchy as an essential component of human society
d. Animals, Religion and Law
- Animals in religion – influence of religion and origins in animal law
- Constitutional recognition of animals
- Animals as citizens
- Religion and its implications in Indian law and judicial decisions