ONE-YEAR POST GRADUATE DIPLOMA IN ANIMALS LAWS

1.1 Animal Welfare Issues: Facts and Reality

• Realities of Animal Cruelty
• Animal Abuse: Fashion industry, zoos, entertainment industry, food industry, etc…
  • - Intesive confinement, genetic modification/trait selection, antibiotic abuse, environmental impact of factory farming & impact on public health by factory farming
  • - Issues regarding animals used in circuses, rides, races, films, fights, aquariums, animals performances, petting zoos, etc…
• Experimentation (Research and Toxicology)
  • - Intensive confinement and crowding, lack of disease control mechanisms, cruel practices, obsolete experimentation, etc…
• Animals used in Zoos
  • - Housing, management, effect of captivity on animals’ health and behavior
• Companion Animals
  • - Pet animals and stray animals
• Wildlife trade and Captive Wildlife
  • - Hunting, capture, sale of animals as artefacts, trophies, pets, processions and religious purposes

1.2 Introduction to Animal Laws and Ethics

• Who is an Animal?
  • - Definition of “captive animals”, “domestic animal”
• Why do animals’ matter?
  • - Animals are sentient beings
  • - Animals have basic, moral and fundamental rights
  • - Companions
• What is Animal Law?
• Common Law
• Historical references to Animal Welfare
• How do we treat animals and why suffering matters?
  • - Animals are property/not persons
  • - Animals have no moral status
  • - Utilitarian theory
  • - Exploitation of basic fundamental rights
• How should we treat animals?
  • - Treatment of animals in a humane manner
  • - The moral status of animals
• Understanding the links between cruelty to animals and violent, delinquent, and criminal behaviour
  • - The link between animal abuse and family violence-children
  • - Correlation between animal abuse and domestic violence

1.3 Laws relating to Cruelty to Animals

• Introduction to animal laws and general principles of law to consolidate as one single unit by framing it in a more specific way.
  • - Definition, nature, scope and development of law
  • - Sources of law
  • - Difference between Substantive and Procedural Law
• Focus more on the constitution
• Basic legal terminologies as follows:
  • - What is a writ?
  • - What is a PIL?
  • - Structure of the Indian Judiciary (courts)
• The Constitution- Legislative process in India, Provisions Art 21, 48, 48A, 51(g) (h), Art 141, Art 144, Art 300A, Constitutional Morality: Application to Animal Rights, Directions of Supreme Court, Achievements in India
• Law of Torts- Meaning and essentials of Tort, Strict LiabilityRule, Original Liability, Judicial and Non- Judicial remedies, defences, negligence, types of damages, defamation, Animals Act 1971, Liability for cattle tresspass, Dogs Act, 1906, Liability under the Scienter Rule, Compensation under Motor Vehicles Act Section 184, 1988
• IPC, CPC &CrPC- Definition, nature, scope of criminal law, essentials, defences, offences relating to person and property
• Relevant sections of the Evidence Act, etc…
  • - Section 59 Proof of Facts by Oral Evidence
  • - Section 60 Proof of Contents of Documentary Evidence
  • - Section 65B Admissibility of Electronic Records
  • - Section 118 Evidence of Child Witness
  • - Section 101 Burden of Proof
• Prevention of Cruelty to Animals Act, 1960
  • - Definition, nature, scope and development of law
  • - Animal welfare board of India- establishment, constitution of Board, and functions
  • - Cruelty- Definition, scope and aspects, study of Section 11 of the act, exception to cruelty
  • - CPCSCA- establishment, powers, roles & functions
  • - Performing animals- registration, AWBI as registration authority, power of police and courts under the Act
  • - Companion Animals- pet licensing, registration, maintenance, dog population, management/control
  • - Power to make rules, case studies, rules under the Act- rules regarding drought and pack animals, transport of animals on foot, perfomance animals, animals in slaughter house, animal birth control, SPCA, care ad maintenance of case property animals, dog breeding and marketing.
• International Laws: CITES, CMS, CBD
  • - Introduction to treaties, conventions, trade agreements and international bodies namely CITES, CMS, CBD, etc…
• Case Studies

1.4 Laws on Wildlife

• The Wildlife Protection Act, 1972
• Special focus on provisions relating to hunting of wildlife
• The Wildlife Protection Rules, 1995
• Forest rights: Animal v Humans
• Wildlife Trade International Treaties
• National Zoo Policy, 1998Etc…
• Case Studies