Section 2: Definitions

Overview

Section 2 of the Prevention of Cruelty to Animals Act, 1960 is essentially a glossary. It defines the core terms used throughout the Act, ensuring everyone understands what the law means when it refers to things like ‘animals’, ‘owners’, or what constitutes ‘cruelty’. Without these definitions, applying the Act would be very difficult and open to misinterpretation.

Key Provisions

• Definition of ‘Animal’: This is very broad and includes all living creatures *except* humans. This wide definition is crucial for the Act’s scope.
• Definition of ‘Board’: Refers to the Animal Welfare Board established under the Act, responsible for promoting animal welfare.
• Definition of ‘Captive Animal’: An animal not wild by nature, kept under control for any purpose.
• Definition of ‘Domestic Animal’: Animals commonly kept for use or companionship by humans.
• Definition of ‘Performing Animal’: An animal used for entertainment purposes, like in circuses or street performances.
• Definition of ‘Owner’: Includes the person who has possession, control, or ownership of the animal.
• Definition of ‘Unnecessary pain or suffering’: This is a key element in determining cruelty. It means pain or suffering that is not required for legitimate purposes like medical treatment or scientific research.
• 'Prescribed': Means as notified by the Central Government.

Practical Impact

This section impacts anyone dealing with animals – pet owners, livestock farmers, veterinarians, circus operators, and government authorities enforcing the Act. The definitions clarify responsibilities and determine whether an action constitutes cruelty under the law. For example, understanding the definition of ‘owner’ helps determine who is legally responsible for an animal’s welfare. The definition of ‘unnecessary pain or suffering’ is vital for courts deciding if an act is punishable under the Act.

Examples

• Example 1: A person keeps a dog as a pet. According to the Act, this person is the ‘owner’ of the dog and is responsible for providing it with adequate food, water, and shelter.
• Example 2: A circus trains a tiger to perform tricks. The tiger is a ‘performing animal’ and the circus is responsible for ensuring the training methods do not cause ‘unnecessary pain or suffering’ to the tiger. If the training involves abusive methods, it could be considered cruelty, even if the circus claims it's necessary for the performance.