Section 35: Treatment and Care of Animals

Overview

Section 35 of the Prevention of Cruelty to Animals Act, 1960, gives the government the power to set up animal care facilities (infirmaries). It also allows magistrates (judges) to order treatment for injured animals, send them to shelters (pinjrapoles), or, if an animal is suffering and cannot be cured, to authorize its humane destruction. Crucially, the costs associated with this care can be recovered from the animal's owner, and if the owner doesn't collect the animal, it can be sold to cover those expenses.

Key Provisions

• State Infirmaries: The State Government can establish and maintain infirmaries for sick and injured animals.
• Magistrate’s Powers: Magistrates can direct the treatment of animals, order their removal to a pinjrapole (animal shelter), or, in cases of incurable suffering, order humane destruction.
• Cost Recovery: Expenses incurred for the treatment, maintenance, or destruction of an animal can be recovered from its owner.
• Sale of Animal: If the owner fails to remove the animal from the infirmary or pinjrapole, the magistrate can order its sale to recover the outstanding expenses.

Practical Impact

This section impacts several parties. Citizens benefit from a legal framework ensuring animals receive care. Animal welfare organizations can rely on magistrate orders to provide treatment. Government authorities are empowered to establish infrastructure and enforce animal welfare standards. Animal owners have a responsibility to care for their animals and may be liable for costs if they are injured or ill and require state intervention. Businesses involved with animals (e.g., livestock traders) must be aware of these provisions.

Examples

• Example 1: A stray dog is found with a broken leg. A local animal welfare officer informs a magistrate. The magistrate orders the dog to be taken to a state-run infirmary for treatment. The costs are initially borne by the infirmary, but the magistrate can direct the local authorities to attempt to identify the owner and recover the expenses.
• Example 2: A farmer’s cow is severely injured during transport and is deemed incurable by a veterinarian. The magistrate, after hearing the case, orders the humane destruction of the cow to prevent further suffering. The farmer is liable for the costs of veterinary care and the humane destruction process. If the farmer refuses to pay, the magistrate can order the sale of other livestock owned by the farmer to recover the amount.