Section 29: Power of Court to Deprive Person Convicted of Ownership of Animal

Overview

Section 29 of the Prevention of Cruelty to Animals Act, 1960, gives courts the power to take away an animal from someone who has been found guilty of cruelty towards it. It also allows the court to prevent that person from owning any animals in the future. This is a strong measure to protect animals and deter cruelty.

Key Provisions

• Forfeiture of Animal: If a person is convicted under the Act, the court can order that the animal involved in the cruelty case be handed over to the government.
• Disqualification from Ownership: The court can also prevent the convicted person from owning or being in charge of any animal in the future.
• Safeguards: The section mentions that these powers are exercised with appropriate safeguards, meaning the court must consider all relevant factors before making a decision. The specifics of these safeguards aren't detailed within Section 29 itself, but are implied through general principles of natural justice and fair procedure.

Practical Impact

This section impacts several parties. For citizens, it means that severe animal cruelty can result in losing ownership of the animal and the right to own animals in the future. For the government, it means taking responsibility for animals rescued from abusive situations, providing them with care and potentially rehoming them. It also serves as a deterrent to potential offenders, encouraging better treatment of animals. Animal welfare organizations benefit as this provision strengthens their advocacy efforts and provides a legal basis for seeking animal rescue and protection.

Examples

• Example 1: A farmer is convicted of severely beating his cattle. The court, applying Section 29, orders the cattle to be taken into government custody and the farmer is prohibited from owning livestock for a period of five years.
• Example 2: A person is found guilty of abandoning their pet dog in a severely neglected state, leading to significant suffering. The court orders the dog to be forfeited to a local animal shelter and, considering the severity of the neglect and the offender’s prior record, permanently disqualifies them from owning pets.