Fee and Registraion

Power to call for additional information.

Form of Certificate of Registration

Prior information for use of performing animals in Films

General Conditions for Registration

Register

Inspection of register

Application for variation of entries in register

Submission of report by veterinary doctor

Prohibition on exhibition and training of specified performing animals

Power to Inspect

Report of Inspection

Cancellation of Registration

Legal procedure to be observed when using animals for films

FIRST SCHEDULE (SEE RULE 2 (iii)

SECOND SCHEDULE Certificate of Registration

THIRD SCHEDULE Certificate of Registration

FOURTH SCHEDULE Form of Application for Variation of Particulars Entered in Register

FIFTH SCHEDULE Suggestive size of Cages for Transportation

SIXTH SCHEDULE Minimum Prescribed size for Feeding/Retiring Cubicle/Enclosures for Important Mammalian Species of Captive Animals

Movies are a powerful influence in our lives, as they reach more people than any other single medium in the country. Millions watch them everyday. Movie directors and film stars are idols in this country and what they do is imitated by many. So when they go about causing harm to baby elephants or biting and ripping off a lamb’s ear or torturing camels or sacrificing goats, removing snake’s fangs they forget that they have a responsibility, not just to fellow human beings but to all life in general. By their example, they influence millions to act with the same insensitivity by deluding them into thinking that, in doing so, they could be Hero Number Ones.

Using animals to entertain us is wrong by any moral or ethical standard, and to use them in cinema is probably the worst because of the sheer number of people that this kind of medium sends a negative message to. Fortunately now such use of animals is not only ethically wrong, it is also legally wrong. The law is very clear so as to what constitues cruetly to animals, in movies and what does not and specifies what is to be prohibited. There are three main laws that protect animals from abuse :

The Act prevents the showing of cruelty, and abuse of animals. It also prohibits the showing of pointless scenes of violence, cruelty and horror for the sole purpose of entertainment and any other scenes that may have the effect of desensitising and dehumanising people. The law also makes it clear that no animal can be used without a certificate from the Animal Welfare Board and the presence of a Wildlife Inspector on the premises for the entire time that the animal is being used - a law that is regularly flouted by all film directors. GOI Notification No. G.S.R. 619 (E) dated 14th October, 1998 specifically prevents the training and exhibition of lions, tigers, panthers, bears and monkeys.

Amimals are not actors. They cannot feign feelings or actions so what you see happen to them on screen is what actually does happen to them during shooting. There are no stunt animals or computer effects used. When an animal like a horse or elephant is shown falling during a battle or chase scene, the animal is actually tripped to make it fall. When brids are shown fluttering about during a song, it is because their wings have been clipped and they cannot fly. Many will perish from stress before the end of shooting.

When a snake is shown being shot or bludgeoned to death, it is actually being killed. One movie killed over one hundred snakes during filming. Apart from the cruelty that you see on screen, there is a huge amount of cruelty that you do not see. These animals are kept waiting for hours in the heat or cold, they are trained by beating and starvation. They are hired out indiscriminately, without the owner ever checking on what they will be required to do. Unlike human actors, they are not allowed the luxury of moods or even of ill health. They must suffer whatever it is that is required or risk being beaten. When wild animals such as tigers are used, they are drugged and their mouths stitched up without the use of any anaesthesia.

There is, however, a far more important argument against the use of animals in films than the actual cruelty to individual animals on the sets. Film is a mass medium. It reaches millions of people. It set up role models and pattern of behaviour.

When an animal is depicted with callaousness in the movies, it does far greater harm than to just that one animal. It makes that behavious widely accepted as normal. For example, a song sung on a tanga with the heroine whipping the animal in time to the music sends the message that it is all right to whip a tanga horse. The behaviour might well be customary, but seeing the heroine doing it in the film legitimises it. A film that shows someone ‘enjoying’ a monkey or snake ‘tamasha’ or singing a song around a caged bird or fighting in a chicken coop or holding a chicken upside down conveys that these are socially acceptable. Films therefore bear an enormous social responsibility.

The third reason not to use animals in films is that they are hardly ever intrinsic to the plot. Songs do not have to be picturised with birds, fights do not have to take place in a chicken coop amidst scores of terrified chickens, villains do not need to prove their villainy by stubbing out cigareetes on a fish, dogs do not have to play tricks or chase villains, doves do not have to carry messages between lovers, elephants do not have to get up on their hind legs and so on. There is hardly a single film that would lose anything by leaving out animals.

The use of animals is not just cruel and unnecessary, most instances of it are also illegal because they are in violation of the animal protection laws.

The actual examples of scenes that are illegal, is very broad. Here are some examples of offence under the law that you should look out for the next time you watch a Hindi movies, music video or even a TV advertisement :

Under WPA

• Elephants and monkeys doing tricks, or the use of tigers, lions or leopards in any form.
• Wild birds such as parrots, mynas, bulbuls, pigeons, in any form of captivity such as in cages or their feet tied with strings or any tricks with them.
• Any reference or depiction of hunting of animals.
• Eating of any banned meats such as partridge or deer meat.
• Snakes, bears or monkeys shown as part of any Madaris show.
• Showing the binding, catching or killing of any animals such as deer, rabbits, etc.
• The display of any hunting trophies or banned animal parts such as tiger skins, ivory, deer antlers and so on.
• Any reference or depiction to animal sacrifice.
• Showing an aquarium being smashed with the fish falling out

Under PCA

• Any animal contests of fighting between two animals such as bulls, cock fights, fighting of chickens in a coop etc.
• Making horses, buffaloes or bulls trip so as to make them fall.
• Rough handling of any animal, eg. chickens.
• Over loaded carts pulled by horses, donkeys, bulls being shown and the animals whipped.
• Any mistreatment of domestic animals (this includes the use of dogs if you have reason to believe that the dog was ill-treated while shooting, eg. heavy panting, tail betweent he legs, yelping due to stress and abuse).
• Showing rabbits or any other animals being chased or harmed by dogs.
• Throwing birds like pigeons into a scene-for instance showing them fluttering around in a song.

  There are different types of penalites enforceable under the law for the misuse/mistreatement of animals in movie scenes. First of course, is that the Censor Board should expunge the violating scene from the movie for public viewing. Secondly, and equally important, is that those guilty should be booked under the relevant animal laws, whether it is the Prevention of Cruelty to Animals Act or the Wild life Protection Act. Both these laws entail a fine and/or imprisonment of the person/persons responsible for such acts of cruetly. The owner can stand to lose its animals by the court, if found guilty of any such violation.

In excercise of the power conferred by Section 38 of the Prevention of Cruelty to Animals Act, 1960 (59 of 1960), the following Rules are proposed to be introduced as the Performance of Animals (Amendment) Rules, 2000. (The schedules are annexed at the back of the pamphlet).

Definition :-

1. “Act” means the Prevention of Cruelty to Animals Act, 1960;
2. “Board” means the Animal Welfare Board of India, established under Section 4 and as reconstituted from time to time under Section 5A of the Act.
3. “Film” means a Cinematograph film as defined in the Cinematograph Act, 1952.
4. “Fitness Certificate” means a certificate granted by a Veterinary Doctor to be nominated by the prescribed authrority certifying the health and fitness of the animal.
5. “Owner” means person in possession or custody of such animal whether with or without the consent of the owner.
6. “Ownership Certificate” means a Certificate granted under Section 42 of the Wildlife (Protection) Act, 1972.
7. “Prescibed authority” means the Board or such other authority or officer as may be authorised by the Board. h. “Performing animal” means an animal which is used at or for the purpose of any entertainment including a film to which the public are admitted.
8. “Schedule” means a schedule appended to these rules.
9. “Veterinary Doctor” means one who holds a degree of a recognised veterinary college and is registered with the Indian Veterinary Council.

1. Every person desirous of training or exhibiting a performing animal shall within 30 days from the commencement of these rules shall apply for registration to the prescribed authority and shall not exhibit or train any animal as a performing animal without being registered under the provision of these rules.
2. Every application by a person desirous of exhibiting or training any performing animal shall apply for registration under the performing animal shall apply for registration under the Act in the prescribed form and shall contain the particulars set out in the first schedule.
3. Every such application shall be made to the prescribed authority.

1. The certificate of registration be issued by the prescribed authority shall be in the form set out in the Second Schedule.
2. Every registration shall be given a serial number according to the order in which it is made, and the serial number shall be inserted in the certificate registration issued to the applicant.

a). The prescribed authority while granting registration may impose such terms and conditions as it deems appropriate and would be guided by the following conditions in granting registration :-

i. Every applicant owner who has ten or more such performing animal shall have an veterinarian as a regular employee for their care, treatment and transport

ii. The applicant owner shall not transport such animals by road continuously for more than 8 hours and except in cages admeasuring as specified in the Fifth Schedule.

iii. The applicant owner shall ensure proper watering and feeding halts during such transportation.

iv. The applicant owner after transportation shall provide feeding and retiring

v. The applicant owner shall ensure that any animal is not inflicted unnecessary pain or suffering before or during or after its training or exhibition.

vi. The applicant owner shall not deprive the animal of feed or water in order to compel the said animal to train or perform any trick.

vii. The applicant owner shall train an animal as a performing animal to perform an act in accordance with its basic natural instinct.

viii. The applicant owner shall not make a performing animal perform if it is sick or injured or pregnant.

ix. The applicant owner shall ensure that no sudden loud noise is deliberately created within the vicinity of any performing animal or bring an animal close to fire, which may frighten the animal.

x. The applicant onwer in case the performing animal is to be exhibited under artificial light, the overall intensity shall ensure that the overall intensity is not more than 500 LUX.

xi. The applicant owner shall not subject the animals to any action which may either kill or injure or use the animal in scenes which may cause or injury to the animals.

xii. The applicant owner shall not use any tripping device or wires or pitfalls for such animals.

xiii. The applicant owner shall not expose any animal to either burning fire/fire accidents.

xiv. The applicant owner shall not keep any animal including horses in close proximity while shooting scenes involving explosives or other loud noises.

xv. The applicant owner shall ensure that props such as spears, nails splinters, barbed wires etc. may not cause injury to the animals during the performance.

xvi. The applicant owner shall ensure that the equines are not made to walk on hard surfaces without being shoed and shall further ensure that the animals should not be used in downhill slides or rodeo slide stops without proper skid and hock boots.

xvii. The applicant owner shall ensure that the animal may not be used on floors that are very smooth without the use of nonskidding mats.

xviii. The applicant owner shall ensure that large gathering of animals may not be allowed in such a way which may cause or result in stampede to the animals.

xix. The applicant owner shall ensure that the animal is not made or incited to fight against other animals and shall further ensure that sedatives or tranquillisers are not administered to any animals except the anaestheisa by a qualified veterinarian for the purpose of treatment of an injured or sick animal.

xx. The applicant owner shall ensure that the animal shall not be transported or be kept or confined in cages and receptacles which do not measure sufficiently in height, length or breadth as prescribed under the Transport of Animal Rules, 1970, the Recognition of Zoo Rules 1992 or under any other Act, Rule or Order.

xxi. The applicant owner shall ensure that the animal shall not be continuously used for excessive number of takes in shooting a film without providing adequate rest to the animal and in the event of a snake being used it shall not be made to ingest any substances or made to crawl across tarred or any other heatened surface and shall not be contorted to wrestle. xxii. The applicant owner shall ensure that while using an animal in shooting a film the fight sequence shall not be shot in any livestock holding area including poultry area and shall further ensure that no birds are shown in cages. xxiii. The applicant owner shall inform the prescribed aurhtority at least 4 weeks in advance informing the place, date and time of the actual making of the film wherein the animal is to be used. (II) The Prescribed Authority would be guided by such other conditions for the grant of registraion certificate as may be deemed appropriate for the welfare of animals.

xxii. The applicant owner shall ensure that while using an animal in shooting a film the fight sequence shall not be shot in any livestock holding area including poultry area and shall further ensure that no birds are shown in cages.

xxiii. The applicant owner shall inform the prescribed aurhtority at least 4 weeks in advance informing the place, date and time of the actual making of the film wherein the animal is to be used.

b). The Prescribed Authority would be guided by such other conditions for the grant of registraion certificate as may be deemed appropriate for the welfare of animals.

1. Every animal registered under Rule 5 shall be exhibited and trained in the manner with respect to which it is registered.
2. Every animal registered under Rule 5 shall be exhibited for a film in the manner as provided for in the conditions of registraion in these rules.
3. The prescribed authority in the event of breach of any of the terms or conditions specified by it or the provisions of the Act or the Rules made thereunder may suspend the registration pending enquiry and after granting an opportunity of hearing revoke the registraion so granted or/and issue such orders/directions as it may consider proper for the welfare of the animals.

Under the Performing Animals Rules, 1973, and the amended rules above anyone using an animal for the purpose of entertainment to which public are admitted through the sale of tickets, has to get permission from the governemnt after making an application describing what the animal will be required to do. A copy of this certificate of permission has to be submitted to the Animal Welfare Board of India. You can find out if the AWBI has received such permission certificate for the specified movie. If they have not you can take legal action in the local court to restrain the exhibition or distribution of the film.
No Indian film has ever applied or received this permission and therefore their use of animals has been entirely illegal.
In Hollywood, films that use animals are required to hae a representative of an animal welfare organisation present on the sets at all times while the animal is being used to ensure that no cruelty is committed. A vet is also present for first aid treatment, when required.
What can you do ?
If you watch a movie with a disturbing animal cruelty scene, you can write to the Censor Board and tell them about it, giving the name of the movie, and a concise description of the scene involving cruelty to animals.
If you can cite the relevant laws it will be better. The address of the offices of the Central Board of Film Certification (CBFC) are :

This is to certify that the person to whom the under- mentioned particulars relate has this day been registered under the Performing Animals Rules, 1975 with the Registraion Aurhority for the

Serial Number of Entry of Register..................................................
Signature of Clerk of Registraion Authority
Name of the Place :
Date.

PARTICULARS

This is to certify that the person to whom the under- mentioned particulars relate has this day been registered under the Performing Animals Rules, 1975 with the Registraion Aurhority for the

Serial Number of Entry of Register..................................................
Signature of Clerk of Registraion Authority
Name of the Place :
Date.

PARTICULARS

Application to have the particulars entered in the register with respect to the applicant varied.

To

The Prescribed Authority,
Full Name of the applicant (in block letters) :
Number and date of Certificate of Registration :

I return herewith my certificate of registration under the Performing Animals Rules, 1973, and I hereby apply to have the particulars entered in the Register with respect to be varied as follows’ and the reasons given below :
I also request that my existing certificate may be cancelled and a new certificate of registraion may be issued to me.

Signature.............................
Address................................