Public policies inherently focus on problems in captions not in the content that follows. While carcass of big cash earning animals like tigers, elephants and livestock make news, the smaller ones just disappear. Animal protection laws suffer from lack of equity which is morality, fairness and good conscience. The judiciary and the legislature in India has not delivered equity for animals adequately in the Disaster Management Act 2005 (DMA2005) or the National Disaster Management Plan (NDMP 2016 and 2019).
Humans and Animals are equals within an ecosystem. The unforgettable, Hymns for Little Children (1848) by Cecil Frances Alexander forms an adorable poetry across the world for children.
“All things bright and beautiful All creatures great and small, All things wise and wonderful, The Lord God made them all.”
Why do the same kids forget this message of the creator in adulthood especially as they occupy seats of power. The Law of Nature, ius naturale, is all about values intrinsic to human nature such as co-existence. In ancient Hindu laws this principle is found in Kautilya and Yagnavalkya as ‘Yukti Vichara’ within a larger frame of ‘Dharma’, in Muslim laws as ‘Istehsan’ expounded by Abu Hanifa and in England as ‘good conscience’ to overcome the deficits of strictum jus within the crude words of law. Many modern judges have risen to incorporate this enlightening principle and given to animals their rightful share of earth notwithstanding the greed, selfishness and egotism of self-aggrandizing policies of governments.
Disaster law and policies have generated an iniquitous and unjust rescue and relief empire. A welcome change of great significance came up recently when a major conference on the subject was organized by the Public Policy Foundation (PPF).Reacting to conference’s focus on livestock, the Member Secretary (MS) NDMA Kamal Kishore gallantly declared an important point that policies should be deeply inclusive not just for humans but for all animals irrespective of their benefit-value for humans. The context was a disproportionate share of concern being displayed for livestock by most stakeholders such as the National Disaster Response Force (NDRF), Ministry of Fisheries, Animal Husbandry, Dairying and the Veterinary Council of India (VCI). The MS’s statement referred to those animals who are killed in ten times the livestock number yet never go on records since their use to humans is not cash returns but subjective needs of humanity.
In a standard legal principle, human species deserve no relief as ‘no relief could be given if the demand arises in connection with one’s own tortious acts’ or in Latin, ‘Ex turpi causa non oritur actio’ (from a dishonourable cause an action does not arise»). If disasters are mostly man made as it is today whether through mega projects or CFC release (dishonourable act) to cause climate change, does man deserve relief? By this argument, animals are innocent victims of human’s dishonourable acts.
In an initial analysis at least 3 major normative complexities obstruct an inclusive design for animals. First, different species of animals need different support systems ie; livestock, wild animals and companion animals. Livestock steals the show for its support from big lobbies of farmers, milk-industry, leather,food processing and even animal carcass’ driven adhesive industry. Wild life policies where national requirements and international treatise clash for conservation and protection, survive in apolitical terrain. Last of all, companion animals who inside and outside homes continue to trust humans for support, food and shelter but get none during disasters. In 2014 Kashmir floods more than 6.5 lac houses and lacs of pets were washed away yet no policies came up after this tragedy. In the 2018 Kerala floods more than four lac domestic pets (cats, rabbits, dogs etc) and home poultry (ducks, roosters and hens) were washed away yet it remains uneventful even in a policy coming so close to tragedy as the NDMP 2019. During Hurricane Katrina in 2005 a television news showing a nine year old boy refusing to leave behind his dog snowball forced American government to revisit their rescue policy and the US Congress immediately passed the historic Pet Evacuation and Transportation Standards Act (PETSA).
Second problem arises in allocating human resource for rescue of animals. NDRF has done a commendable job under the leadership of its founder Director General K.M.Singh in initiating rescue teams but it is not a standalone job of NDRF. The local animal NGOs, Go Shalas, shelter homes and their trained teams need to be coordinated for food, fodder, medicines and water. A central coordinating agency for local networking of animal NGOs is missing in Municipal Wards and under Panchayats. The Animal Welfare Board of India (AWBI) lacks teeth and SPCAs remain non-functional in most districts. The animal husbandry department is too bureaucratized to work during emergencies.
Third problem is a capacity deficit of experiential and ground knowledge within institutions which train veterinarians. Their curriculum has not grown with the growing needs of society. It has historically catered to horses (for the uniformed brigades of police and army) alone. Veterinarians despite having a phenomenal task play a vestigial or imperceptible role during disasters. This neglect of veterinary science curriculum despite its intensively rising need in society was brought out in the 2018 issue of International Journal of Veterinary Science and Medicine. This paper by a group of scientists led by Daniel Mota of the School of Veterinary Medicine in Mexico highlighted that animal welfare (AW) was becoming increasingly interesting to society and students and provides an appropriate opportunity for leadership and expertise to veterinary medical profession. Research papers in this area have risen five times in the Journal Citation Research database of the ISI Web of Science yet veterinarians ready to learn about stray or unowned, free-roaming and feral animals near human habitats continue to suffer from an outdated ideology. Veterinary institutes have yet to add disaster medicine in their curriculum. A mandatory internship for a graduating veterinarian interested in disaster medicine could be arranged with NDRF and AWBI in districts.
The NDMP 2016, revised in 2019 laid special emphasis on making the plan inclusive by recognizing differential vulnerabilities and capacities. It added a new chapter on social inclusion, a section on psychological rehabilitation but not on mental health and psychological issues which come due to loss of pets both stray and owned being close companions to humans of all ages. Speciesism is embedded in legislature and in policy makers. NDMA needs to clear the scum and take bold steps over it.
Amita Singh is President, NAPSIPAG Centre for Disaster Research (NDRG); Senior Professorial Fellow ISS; and former Professor, Jawaharlal Nehru University (Law, Governance and Disaster Management).
