Section 5: Constitution of the Board

Overview

Section 5 of the Prevention of Cruelty to Animals Act, 1960 lays down how the Animal Welfare Board of India (AWBI) is formed. It specifies who will be part of the Board, ensuring a diverse representation from the government, experts in animal care, welfare organizations, and Parliament.

Key Provisions

• Composition: The AWBI will consist of members representing various stakeholders, including the Central Government, veterinary professionals, individuals experienced in animal husbandry, representatives from animal welfare organizations, and Members of Parliament.
• Government Representation: The Central Government nominates a significant portion of the Board members.
• Expertise: Inclusion of veterinary and animal husbandry experts ensures informed decision-making regarding animal welfare.
• Welfare Organization Voice: Representatives from registered animal welfare organizations provide a crucial perspective on ground-level realities and needs.
• Parliamentary Link: The presence of Members of Parliament helps in legislative oversight and advocacy for animal welfare.

Practical Impact

This section is fundamental to the functioning of the AWBI. By defining its composition, it ensures the Board has the necessary expertise and representation to effectively advise the government on animal welfare policies, promote animal welfare generally, and prevent cruelty. It impacts citizens by ensuring a body exists to advocate for animal rights and address welfare concerns. Businesses involved with animals (e.g., farms, zoos) are indirectly affected as they are subject to regulations and guidelines influenced by the AWBI. Government authorities rely on the AWBI’s recommendations for policy formulation and implementation.

Examples

• Example 1: The Ministry of Fisheries, Animal Husbandry & Dairying nominates five members to the AWBI, fulfilling the government representation requirement as outlined in Section 5.
• Example 2: An animal welfare NGO, 'Karuna Animal Trust', with a proven track record of rescuing and rehabilitating animals, successfully applies for and receives representation on the AWBI, ensuring the concerns of grassroots organizations are considered in policy decisions. This demonstrates the provision for including representatives from animal welfare organizations.