Animal Rights and Cruelty to Animals

Legislation around the globe is not nearly enough to protect animals from cruelty. We must consider various factors while drafting legislation for animals. For example, the condition of stray animals has continued to be questionable. There have been instances, especially during the pandemic wherein a mere month-old cat was dumped in the dumpster and was almost choking on plastic cover – luckily was found later by some authorities and adopted. Incidents like this happen more often than we know. In this article, we will dwell on the concept of animal welfare. Are the laws in place enough to protect animals? What are the factors that need to be considered? Feeding animals, vaccines to be given at various stages, sheltering them, especially during the winter times.

The problematic part of most legislation is that there are no clear and or precise definitions that with various loopholes. Why do we say that? Because this might surprise you that the term “animal welfare” has not been defined in any legislation. What factors weigh in between bad/good treatment with looking after the welfare of an animal? This will always lead to misunderstandings and people who abuse animals might just get away with it. When we talk about welfare, in my opinion these factors should be:

Emotional well-being,
Physical / Physiological well-being,
A good positive environment
Good food,
Warm place/shelter
Indication of active, happy, playful behaviour from the animal

There is a need to break down specific regulations that match the needs of animals as well as ensure that any form of cruelty is prevented and these animals get to live a safe and protected life.

“But can the notion of animal welfare that implies an emotional state be applied to the entire animal kingdom? For a biologist, animals are multicellular living organisms that can move by themselves at least at one stage in their development and feed off other organisms¹. Therefore, mussels and oysters, which feed off microorganisms suspended in water and have swimming larvae, are animals. Snails and earthworms, which are also farmed, are also animals, as are the millions of other invertebrates. However, can we legitimately have concern for the welfare of these animals with a nervous system that creates motor responses that are purely reflexes? Without an organ with cerebral functions able to store and process sensory information, these invertebrates are probably unable to feel sensations or emotions in the same way as animals such as vertebrates or even some invertebrates (cephalopod molluscs and some arthropods such as crabs, bees or spiders) that also have cognitive abilities.”[1]

LAWS:

As stated earlier, the laws are not specific on certain aspects, the same is the case with the federal laws concerning animals in the United States. The American federal rural law’s definition covers a very limited list of mammal and bird species kept as pets or used for experiments or entertainment.[2] For example: In the state of Alaska under Criminal law (Art. 11.81 900) (December 2007): b) 3) Animal: means a vertebrate living creature not a human being, but does not include fish and in Arizona under the Act 2012 (HB 2870) relating to cruelty to animals: (13-290. Art. H.1): Animal: means a mammal, bird, reptile or amphibian and In the District of Columbia under Criminal law (2013) (Art. 22-1013): The words animals or animal shall be held to include all living and sentient creatures, Finally, in the state of Oregon under the Senate Bill 6 (2013) related to animals: (Art. 1. 1) defines animals as – Animals that are sentient beings capable of experiencing pain, stress and fear.[3]

“The Animal Welfare Act (AWA) was signed into law on August 24, 1966. It is the only Federal law in the United States that regulates the treatment of animals in research, teaching, testing, exhibition, transport, and by dealers. The Act is enforced by USDA, APHIS, Animal Care. The AWA has been amended numerous times since its original passage in 1966. The Animal Welfare Information Center (AWIC) was mandated under the AWA’s 1985 amendment, ‘Improved Standards for Laboratory Animals Act’. Therefore, as part of AWIC’s mission, we provide information on the AWA to help people understand the law and its requirements.”[4]

The Endangered Species Act: Enacted in 1973, the Endangered Species Act protects fish, mammals and birds – as well as plants – listed as threatened or endangered in the United States and beyond. The ESA outlines procedures for federal agencies to follow regarding listed species, as well as criminal and civil penalties for violations. This law is chiefly administered by the U.S. Fish and Wildlife Service and the U.S. National Oceanic and Atmospheric Administration Fisheries Service.”[5]
The “28 Hour Law”:This law, enacted in 1873, requires vehicles transporting certain animals for slaughter to stop every 28 hours to allow the animals exercise, food and water. The law does not apply if the vehicle in which animals are being transported contains access to food or water, and there are many other exceptions as well. Birds like chickens and turkeys, which are the most-farmed animals in the United States, are considered exempt by the federal government.[6]
The Prevention of Cruelty to Animals Act, of 1960 prohibits any person from inflicting, causing, or if it is the owner, permitting, unnecessary pain or suffering to be inflicted on any animal. The Act makes it a crime to beat, kick, torture, mutilate, administer an injurious substance, or cruelly kill an animal. It is also illegal to over-ride, over-drive, over-load, or work an unfit animal. It is an offence to cruelly transport, confine, chain or tether an animal. It is a violation to engage in animal fighting or shooting competitions in which animals are released from captivity to be shot. An owner commits an offence if he or she fails to provide sufficient food, drink or shelter, unreasonably abandons any animal, or permits any diseased or disabled animal to roam or die in any street.[7]

“California is at the forefront of some other statewide animal protection measures. In 2017, California became the first state to pass a statewide “retail pet sale ban.” Under this law, retail establishments like pet stores may only sell cats, dogs and rabbits coming from shelters and rescue groups—and not from commercial breeders. Maryland passed its own statewide retail pet sale ban in 2018, becoming the second state with this type of law.”[8]

In addition to this, few other laws that are enacted are listed below:

The Animal Welfare Act, 7 U.S.C. §§ 2131 – 2160
The Animal Fighting Venture Prohibition Act, 18 U.S.C. § 49
The Horse Protection Act, 15 U.S.C. §§ 1821- 1831
The Humane Methods of Slaughter Act, 7 U.S.C. §§ 1901- 1907
Transportation of Animals, also known as, the Twenty-Eight Hour Law, 49 U.S.C. § 80502
The Preventing Animal Cruelty and Torture (PACT) Act, formerly known as the Animal Crush Video Statute, 18 U.S.C. § 48

The US Department of Agriculture is responsible for promulgating laws and regulations pertaining to animal welfare on a limited number of issues.[9] “Its subsidiary the Animal and Plant Health Inspection Service (APHIS) is responsible for enforcing the Animal Welfare Act, implemented by the APHIS Animal Care and Veterinary Units. With regards to animals used in scientific research, it is required that all institutions intending to use animals for research establish an Institutional Animal Care and Use Committee (IACUC) to review the experiment planned. The Interagency Coordinating Committee on the Validation of Alternative Methods (ICCVAM), created in 2000, promotes the Three Rs principles (Replacement, Reduction, Refinement) and collaborates internationally on the development of alternatives to animal research.”[10]

[1] To which animals does animal welfare apply in law and why? (fondation-droit-animal.org)

[2] Ibid 1.

[3] Ibid.

[4] Animal Welfare Act | National Agricultural Library (usda.gov)

[5] Laws that Protect Animals - Animal Legal Defense Fund (aldf.org)

[6] Ibid.

[7] IN - Cruelty - THE PREVENTION OF CRUELTY TO ANIMALS ACT, 1960 | Animal Legal & Historical Center (animallaw.info)

[8] Ibid 6.

[9] api_2020_-_usa.pdf (worldanimalprotection.org)

[10] Animal Protection Index 2020 – United States Page 2. Retrieved from: USA | World Animal Protection