The Pecking Order

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The Pecking Order

Context:

  • The Law Commission on preventing cruelty to poultry

Introduction:

  • Law Commission of India has submitted its 269th Report titled “Transportation and House-keeping of Egg-laying hens (layers) and Broiler Chickens” for the consideration of the Government.
  • The Commission has drafted ‘The Prevention of Cruelty to Animals (Egg Laying Hens) Rules, 2017 and The Prevention of Cruelty to Animals (Broiler Chicken) Rules, 2017’ and recommended the Govt. to implement it.
  • These rules are modified keeping in view the constitutional provisions and the object of the PCA Act.

Rationale behind having this report:

  • Lack of hygiene and cruelty towards birds (poultry), such as confining them in battery cages, has impacted those who consume meat or eggs.
  • The existing legal framework governing the transport of animals is adequate and shall be implemented to ensure that unnecessary pain and suffering is not inflicted on poultry during transit.
  • The responsibility of compliance shall lie on the consignor and consignee, and any person in charge of care of such consignment as provided under section 3 of the PCA Act.
  • The very idea of having this report is to put an end to the cruel practices of confining birds in battery cages.  For this, the Commission recommends certification of poultry farms by the Animal Husbandry Departments of the State.
  • India’s production of eggs has increased from 27.33 billion in 2015-16 to 29.09 billion in 2016-17 (both rainy season). Commercial poultry farms contribute three-fourths of this and the rest is by backyard farms.
  • Over 90 per cent of Indian poultry farms, including the big organised ones, rear birds in battery cages. The cages are often so small that the birds are unable to stand straight or spread their wings.
  • Weight of birds should be an important factor in calculation of maximum stocking density.  There is no regulation with respect to stocking density and other housing conditions.

Health hazards:

  • The health hazards include a rise in diseases such as cancer.

Law Commission report:

  • The Law Commission of India, in its 269th report, drafted two new laws to end the cruelty to birds and pave the way for more compassionate processes in the poultry industry.
  • ·The rules are the Prevention of Cruelty to Animals (Egg Laying Hens) Rules of 2017 and the Prevention of Cruelty to Animals (Broiler Chicken) Rules of 2017.
  • The rules mandate that a more natural environment of housing that allows hens to perch and move about freely is a better alternative to the existing practice of battery cages.
  • The report condemns practices such as the breaking of breaks and the killing of young male chicks in the poultry industry.
  • The report recognizes that the practice of unnecessary feeding of non-therapeutic antibiotics to the birds (which leads to antibiotic resistance) directly impacts the human health.
  • The Law Commission points that the Indian poultry industry is unable to cater to an increasing consumer base which is demanding cruelty-free meat/organically-produced eggs. The lack of such an existing trend in the larger market has made it difficult for sellers and the hospitality industry to cater to the business.
  • The Commission has also taken into consideration the information given by People for Ethical Treatment of Animals on the conditions of poultry in India
  • The revised draft rules delineate space requirements for feeders, drinking spaces and floor area and other key resources to ensure good management of the system.
  • Important animal welfare provisions like when and how to carry out euthanasia of sick and injured animals are also incorporated in the draft rules.
  • These rules have been recommended keeping in view the constitutional provisions and the objective of the Prevention of Cruelty to Animals Act, 1960.

Certification of poultry farms:

  • The Commission’s report recommends certification of poultry farms by State animal husbandry departments.
  • The certification should make a distinction between produce obtained from cage free egg farming and that obtained from battery cage farming.

“Draft Egg Laying Hens Rules”  

  • The onus is on a farmer to immediately report the “outbreak or suspected outbreak or suspected outbreak of any zoonotic or contagious disease or infection to the local authority, the State Board and the State government.
  • Every farm shall have at least one room or enclosure for quarantining sick hens, or hens suspected to be sick.

Draft Broiler Chicken Rules:

  • The Commission recommends that chickens should not be housed in cages or kept on wire or slatted floors.
  • Chickens shall be provided sufficient space for movement without any difficulty, to stand normally, turn around and the stretch their wings.
  • The Rules also mandate that indoor chickens should be provided with a “stimulating environment” to keep them active.
  • These include ramps, low perches, pecking blocks and straw bales to stimulate exploratory, foraging and locomotive behaviour and to minimize injurious pecking.
  • Poultry farms should sell chickens only to licensed slaughter houses.

Prevention of Cruelty to Animals Act:

  • The Prevention of Cruelty to Animals Act is an Act of the Parliament enacted in 1960 to prevent the infliction of unnecessary pain or suffering on animals and to amend the laws relating to the prevention of cruelty to animals.
  • As per the provisions of the law the government formed the Animal Welfare Board of India.
  • The basic purpose of the Rule is to ensure welfare of the animals in the cattle market and ensure adequate facilities for housing, feeding, feed storage area, water supply, water troughs, ramps, enclosures for sick animals, veterinary care and proper drainage etc.
  • To facilitate this, two Committees have been constituted, namely the District Animal Market Monitoring Committee for registration of animal market and Animal Market Committee at the local authority level for management of the markets.

Objectives:

  • To protect the animals from cruelty and not to regulate the existing trade in cattle for slaughter houses.
  • It is envisaged that welfare of cattle dealt in the market will be ensured and that only healthy animals are traded for agriculture purposes for the benefits of the farmers.
  • The livestock markets are intended to become hubs for trade for animal for agriculture through this process and animal for slaughter will have to be bought from the farmers at the farms.
  • The notified rules will remove the scope of illegal sale and smuggling of the cattle which is a major concern
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