In India, the main legal resource for regulating the protection of animals is the Prevention of Cruelty to Animals Act of 1960 that contains the general anti-cruelty provisions. Specifically, in its Section, the Act prohibits the confinement of animals in a way that does not allow the reasonable opportunity to move or tether the animal for an unreasonable period of time on an unreasonably short or heavy chain.
As for the zoos, Chapter 5 of the Act relates to animals in captivity, which includes those that are exhibited to the public. The Chapter covers only those animals that are used in shows, performances, however, it does not apply to those animals that are kept in zoological gardens or by any society or association, which, by virtue of its main objectives, exhibits animals for the purposes of education or scientific purposes. The provisions require trainers and exhibitors have relevant registration for exercising such practice.
Another legal source is the Wildlife Protection Act of India, which provides that the Central Zoo Authority is obliged to specify minimum standards for zoos, evaluate zoos, and officially recognize them. According to Article 38J of the Act, it is prohibited for visitors to tease, molest, injure, or feed any animal or cause any disturbance to the animals by noise or any other means.
There is also secondary legislation, the Recognition of Zoo Rules, which provide the restrictions on the acquisition of zoo and circus animals and their treatment in captivity and require all enclosures to be designed meeting the full biological requirements of animals, space for free movement, and exercise, and ensuring that groups are not unduly dominated by individuals.
“All zoos are classified under the Rules based on area, the number of visitors and species and animals, especially if the facility hosts endangered species. (Article 9) The Central Zoo Authority will grant recognition with due regard to the interest of protection and conservation of wildlife, and on being satisfied that the standards and norms and other matters specified in the Schedule are met by such zoo. The Schedule contained in the Rules provides for animal health, hygiene, feeding, and prevention of cruelty; veterinary facilities; acquisition and breeding of animals; visitors requirements; etc. All zoos should submit an annual report to the Central Zoo Authority with statistics on the number of animals housed (Article 11). In 2009, the Central Zoo Authority banned the use of elephants in zoos and circuses. However, this ban has not been implemented, since firsthand visits show that elephants are still kept in zoos.”
The established Animal Welfare Board of India (AWBI) conducts certain activities in relation to the protection of animals and strict regulations for keeping animals in activity. For instance, it officially opposed the establishment of dolphinariums in the country referring to the Prevention of Cruelty to Animals Act and the Wildlife Protection Act of India, specifically stating that opening such facilities would be contradictory to these legal resources. Chapter 2, Section 9(b) of the Act provides that Board shall advise the Central Government “on the making of rules under this Act with a view to preventing unnecessary pain or suffering to animals generally, and more particularly when they are being transported from one place to another or when they are used as performing animals or when they are kept in captivity or confinement.”
As for the elephants in captivity in India specifically, AWBI produced the brochure on the Care and Management of elephants in temples. These only have a recommendatory character and are not bound. The guidelines provide recommendations on housing, bathing, grooming, feeding, and transporting elephants. “The document prescribes that captivity requires elephants to be chained, since ‘chains make it easier to fasten an elephant that has bolted or is out of control.’ Nonetheless, the AWBI highlights in its key recommendations that ‘it is ideal that temples do not possess elephants since they will be under tremendous psychic and managemental stress.’ If an elephant is required for rituals, then it is ‘the moral and ethical mandate to provide the required care and management’ and to treat the animal with ‘dignity.’”