What are the laws for Vets and Pet Doctors in India?

Index of Headings

1.Introduction - Veterinarians’ Obligations in India
2.Professional and Statutory Responsibility
3.Key Legal Provisions Governing Veterinarians in India

• Prevention of Cruelty to Animals Act, 1960 (PCA Act)
• Section 12, PCA Act: Prohibition of non-therapeutic procedures
• Food Safety and Standards (Licensing and Registration of Food Businesses) Regulations, 2011
• Indian Veterinary Council Act, 1984

4.Law Enforcement and Animal Welfare
5.Regulatory Obligations for Food Safety
6.Case Laws
7.Conclusion
8.FAQs

Introduction - Veterinarians' Obligations in India

As important players in the enforcement of animal welfare laws, as well as medical professionals, veterinarians in India are entrusted with a significant amount of responsibility. Statutory provisions, professional regulations, and court orders all define their responsibilities.

Professional and Statutory Responsibility
According to the Indian Veterinary Council Act of 1984, veterinarians are required to register with the Indian Veterinary Council. Legally, only those who are registered can practice, provide post-mortem and health certificates, and testify as experts in court. Among their primary duties are:

• Diagnosing illnesses, treating animals, and performing health examinations.
• For various legal and regulatory reasons, veterinary health certificates, post-mortem reports, and fitness certificates are issued.
• Offering professional advice in court cases, particularly those involving animal abuse.
• Keeping track of injuries, gathering evidence (like in poisoning cases), and providing expert witness testimony in court

Key Legal Provisions Governing Veterinarians in India

Prevention of Cruelty to Animals Act, 1960 (PCA Act): This foundational law criminalizes acts of cruelty against animals, such as beating, overloading, improper confinement, deprivation of food or water, and unnecessary mutilation. Veterinarians play a role in identifying and reporting such offenses, and may be called upon to examine seized animals or provide expert testimony.

Section 12, PCA Act: Prohibits non-therapeutic procedures and the administration of substances (e.g., Oxytocin to increase milk yield) unless medically justified. Veterinarians must refuse to participate in or report such illegal practices.

Food Safety and Standards (Licensing and Registration of Food Businesses) Regulations, 2011: Requires veterinarians to inspect animals at slaughterhouses, certify fitness for slaughter, and issue postmortem certificates. The Supreme Court in Common Cause v. Union of India (2017) mandated strict compliance with these rules, including limits on the number of animals a veterinarian may examine per day and the isolation of diseased animals.

Indian Veterinary Council Act, 1984: Mandates registration and licensing of veterinarians, ensuring only qualified professionals’ practice veterinary medicine.

Law Enforcement and Animal Welfare

The main piece of legislation controlling animal welfare in India is the Prevention of Cruelty to Animals Act, 1960 (PCA Act). It makes animal abuse, neglect, and destructive behaviors like forced lactation and phooka illegal. Veterinarians are frequently asked to:

Examine and certify animals that have been taken in cases of cruelty.

Oversee the recovery and care of mistreated animals, and when the animals are healthy enough to leave the hospital, issue discharge certificates.

Be sure to use humane methods for animal identification, such as microchipping or ear tagging, rather than hot or cold branding.

Regulatory Obligations for Food Safety

Especially in slaughterhouses, veterinarians play a crucial role in ensuring the safety of food. Veterinarians are required to follow the Food Safety and Standards (Licensing and Registration of Food Businesses) Regulations, 2011, which were upheld by the Supreme Court in Common Cause v. Union of India (2017).

Examine animals prior to slaughter; each veterinarian may examine no more than 12 animals per hour or 96 per day.

Determine which animals are exhibiting aggressive behavior or contagious diseases and isolate them.

After a thorough examination, issue post-mortem certificates in the format specified.

Case laws

The State, in the exercise of its sovereign functions, has both the authority and responsibility to regulate certain professions and services that directly impact public welfare. Such regulation is not only desirable but often necessary to ensure the quality, safety, and effectiveness of services rendered to society. Professions that involve specialized knowledge or the welfare of living beings particularly call for statutory oversight to maintain professional standards and protect the public interest. It is in this context that the framework governing the delivery of veterinary services in the State becomes relevant.

1.In the case of - Udai Singh Dagar And Others v. Union of India And Others 2007 INSC 583
Any profession that deals with the life of a human being or an animal may be regulated or controlled. Essential qualifications can be laid down for the purpose of entry in the State services. In the State of Maharashtra, rendition of veterinary service was primarily the responsibility of the Zila Parishads and Panchayat Samitis, as specified in Section 100(1)(a) of the Maharashtra Zila Parishads and Panchayat Samitis Act, 1961:

“100. Administrative powers and duties of Zila Parishad.—(1)(a) It shall be the duty of a Zila Parishad so far as the district fund at its disposal will allow, to make reasonable provision within the District with respect to all or any of the subjects enumerated in the First Schedule as amended from time to time under sub-section (2) (in this Act referred to as ‘the District List’) and to execute or maintain works or development schemes in the District relating to any such subjects.” (para 34)

Recognizing the need to bring uniformity and maintain high standards in veterinary education across the country, the Indian Parliament enacted the Indian Veterinary Council Act, 1984 (“the Act”). The Act envisaged the establishment of the Veterinary Council of India (VCI) as the central statutory body entrusted with regulating veterinary practice and education in India. One of its primary functions was to ensure that veterinary education meets consistently defined standards so as to produce competent professionals equipped to serve society effectively. In furtherance of this objective, and acting within the framework of its statutory mandate, the VCI undertook significant steps to standardize the quality of veterinary education nationwide.

2.In the case of - Veterinary Council of India v. Indian Council of Agricultural 2000 INSC 4
The Veterinary Council of India (VCI) framed regulations relating to minimum standards of veterinary education, following a National Workshop on "Veterinary Education" sponsored by ICAR and Tamil Nadu Veterinary and Animal Sciences University. The regulations, known as the Veterinary Council of India (Minimum Standards of Veterinary Education) Degree Courses (BVSc and AH) Regulations, 1993, were published in the Government Gazette on 7-2-1994. The Regulations, which are the subject of contention between VCI and ICAR, stipulate that 15% of the total number of seats in each veterinary college will be reserved for an all-Indian examination conducted by the Veterinary Council of India. (para 4)

Conclusion

Veterinarians in India have significant legal and ethical responsibilities in safeguarding animal welfare, public health, and upholding professional standards. Indian law, including the PCA Act and FSS Regulations, establishes a robust framework for veterinary accountability. Failure to comply can result in professional disciplinary action, legal liability, and harm to both animals and society. Veterinarian practice in India is not just a profession but a vital public function that requires adherence to legal standards, dedication to humane treatment, and a commitment to upholding the public good.

FAQs

Q: Why is it that the Indian Veterinary Council Act of 1984 requires veterinarians to register?
A: To guarantee that only licensed and professionally acknowledged veterinarians are permitted to practice, registration under the Indian Veterinary Council Act, 1984, is legally needed. By giving registered veterinarians the ability to diagnose diseases, deliver expert testimony in court, and issue health and post-mortem certifications, this safeguards public safety, animal health, and legal procedures. 

Q: Why has the Indian judiciary upheld the regulation of veterinary services and education?
A: The Indian judiciary upholds the regulation of veterinary services and education due to the need for strict regulation in professions dealing with human and animal life. The judiciary has affirmed the State's authority to set essential qualifications and oversee veterinary services through local bodies like Zila Parishads and Panchayat Samitis.