The species of Homeo Sapiens has now and then proved itself to be the worst of all. Humans have proved themselves to be the most cruel and inconsiderate creatures living on this planet. We have gone to extremes to show our disgusting ‘real’ faces in harassing our fellow kinds.
The habit of animal cruelty imbibed in individuals is also seen in a country like India where humans worship Gods in various forms, including animal forms. Some instances of such torture committed in India are the mass killing of monkeys in Maharashtra, killing of tigress Avni, mass cutting of trees in Aarey Colony which rendered thousands of birds homeless, killings of Nil gai (Blue bull) and wild boar, rape of goats, cows and dogs, mass killing of stray dogs and what not. And everytime our laws, Governments, Courts and Authorities have failed us.
A couple of days back, we came across a gruesome incident which shook the conscience of nation. The news was regarding the cruel and heinous murder of a pregnant elephant in the Malappuram district of Kerala. The elephant was a young, female herbivore which would have delivered a healthy baby in the next 18-22 months as she was pregnant.
What Happened?
The news came to light after a forest officer posted about the incident on Facebook and various animal right organizations, including Maneka Gandhi’s People for Animals came forward to demand justice for the harmless creature.
The elephant was found dead in a water body in the forest. The elephant wasn’t poached or killed using any weapon or gun. Rather, the innocent animal ate a pineapple stuffed with firecrackers and explosives which burst inside its mouth, rupturing its jaw.
However, rather than creating havoc in the area, the mute four-legged beast stood in the water body calmly until death claimed it.
The pineapples filled with crackers were set up for the wild boars which used to come to the farms. So saying this won’t be wrong that it was a trap designed to kill innocents.
Considering the heart-wrenching series of incidents of animal cruelty that have been coming to light since a long time, animal lovers, including famous personalities like Ratan Tata, Alia Bhat and Shradha Kapoor took to social media platforms like Twitter, Instagram and Facebook to register their displeasure over the incident.
Unfortunately, it isn’t the first incident whereby such a gruesome act has been committed. Allegedly, the fruits stuffed with explosives were kept for wild boars in Kerala to kill them, thus preventing them from destroying vegetation.
The act, irrespective of the animal focused, is inhuman and cannot be tolerated. It leads to depletion of flora and fauna in the forests, creating ecological imbalance. On the flip side, innocent and harmless animals also get affected due to the irresponsible and heinous acts of the so-called superior human race.
Over the duration of one year, about 600 elephants have died because of the ignorance of human beings and government officials. A case filed by Maneka Gandhi and her organization is pending before the Hon’ble Supreme Court since the past 7 years. Since then, about 11,000 elephants have died.
Also, elephants and other animals are used for private purposes, tourism and transportation across places in India, including temples captivating these animals.
Laws
Though India has laws against poaching and killing of wild animals in place and the Indian Penal Code and Constitution also provide for protection of animals (which includes directives to the State to protect wildlife under Article 51A(g)), the same hasn’t made a significant difference to the situation, thanks to the lack of enforcement.
The Wildlife Protection Act and the cases which were thereon decided, like the Animal Welfare Board of India v. A. Nagaraja has called for protection of animals inhabiting in forests.
The Prevention of Cruelty Against Animals Act of 1960 also prohibits cruelty against animals, providing for penal provisions as well however, the governments have turned a blind eye towards the cruelty inflicting on not only wild animals but stray and domesticated animals as well, creating a lack of effectiveness.
The Indian Penal Code also mentions provisions for protection of animals as a “property of human” and not as a co-habiting organism. However, the punishment is very less and doesn’t emit deterrence.
Though in 2013, India had made the use of captive dolphins for entertainment purposes illegal however, no similar step has been taken in relation to other animals.
We are today discussing this issue as it came in light but there are thousands such crimes committed which we cannot know of.
Conclusion
Firstly, there should have not been any need to kill animals, even wild boars in this gruesome manner. The traditional practice of showing fire to instill fear in animals is enough to keep them away from vegetation.
The laws in India for animal preservation and prevention of animal cruelty are rendered useless everytime such instances take place. The need of the hour is to make new and effective animal right protection legislations however, little or no effort has been put by the state and central government in this regard, creating a saddening situation for animal lovers and fatal for animals. It comes as a responsibility on both Central and State Governments to come up with legislations. Regulations, guidelines and infrastructure to secure these lives.
Lastly, a discussion of day or two would not being about any change. It might enrage us but the fate of these mute creatures would remain unchanged till the time substantial actions are taken for betterment of their lives.
Inputs: Lex Jura Law Journal