Chickens in a poultry farm in Vijayawada. | Photo Credit: G.N. Rao
The current outbreak of H5N1 was a disaster waiting to happen, as experts have been sounding alarm bells on the unsafe conditions at industrial livestock production for more than 10 years now. There has never been a more pressing time to discuss the welfare of farmed animals in the Indian enviro-legal perspective. India’s environmental laws and regulations must reflect what the public health crisis is showing us: that animal welfare is closely interlinked with public health, ecosystem health and biodiversity conservation — the One Health principle.
Scale of the biosecurity issue
The first H5N1 infection spilt over to humans directly from chickens in Hong Kong in 1997. In India, the first H5N1 patient was reported in Maharashtra in 2006. An outbreak in December 2020 and early 2021 spread across 15 States. This pathogen has crossed many species barriers, causing mortality among the polar bears in the Arctic and seals and seagulls in Antarctica. With humans, the World Health Organization (WHO) estimates the fatality rate for H5N1 at 52%, based on the 463 deaths recorded since 2003 among the 888 people diagnosed with the virus. Almost all cases of human infection with avian influenza A (H5N1) have been linked to close contact with infected birds, or contaminated environments.
These contaminated environments are created by cramming chickens in wired cages, or ‘battery cages’, in high densities. The resultant air quality and waste problem has a significant footprint in India due to the odour, particulate matter, and other greenhouse gas emissions. The Central Pollution Control Board (CPCB) has classified poultry units with more than 5,000 birds as a polluting industry that requires compliance and regulatory consent to establish and operate. Some poultry industrial units have been issued closure notices by the CPCB for being in violation of the law.
Due to contract farming, large debts and a very specialised skill set, poultry farmers often find it difficult to exit the industry, despite the losses. However, the myriad problems faced by these farmers often push them out of business. The farmers suffer due to market volatility and the prevalent practices pushed by industry giants. For instance, antibiotics are regularly given to birds as a prophylactic and as growth promoters so that more animals can be grown for greater profit. Experts predict the rising demand for protein will cause a surge in antibiotic use in livestock.
Several antibiotics classified as critically important and highly important by the WHO are widely sold to farmers for preventative use. Prescribed to day-old chicks to reduce the likelihood of disease and mortality, this practice is still being commonly recommended, according to an investigation by The Bureau of Investigative Journalism, reported in The Hindu.
Animals are heavily stocked in unsanitary conditions. Not only does this have a detrimental effect on the welfare of animals and the health of those who consume the food derived, but also on the people working at these facilities and residing in the vicinity. The impact of the emissions in the atmosphere, effluents in the water systems, and solid wastes in the soil generated by these industries is felt by humans, other animals, and the environment. There is an urgent need for monitoring as well as enforcement of legal and regulatory mechanisms.
The faecal matter generated at these facilities is collected periodically by local farmers for use as fertilizer. The amount of piled-up manure exceeds the carrying capacity of the land and becomes a pollutant. Farmers complain of their crops getting damaged and piles of waste becoming a breeding ground for disease vectors such as flies. Residents are compelled to adopt measures such as spraying insecticides inside homes, leading to breathlessness and a nauseating smell.
Keeping animals in intensive confinement constitutes a crime under the provisions of the Prevention of Cruelty to Animals (PCA) Act, 1960. Moreover, the operational activities at these industrial facilities cause unnecessary pain and suffering to the animals because of mutilation, starvation, thirst, overcrowding, and other ill-treatment, which is also a violation of the PCA Act.
Path to legal reform
The 269th Law Commission of India Report in 2017 placed on record a representation by the Tata Memorial Centre that contained evidence that non-therapeutic antibiotics given to poultry cause antibiotic resistance since living conditions are unhygienic. It further said that with more open, cleaner, and ventilated living spaces, animals are less likely to need constant antibiotics, making their eggs and meat safer for consumption. Finally, it made recommendations for a set of two draft rules for the welfare of chickens in the meat and egg industries, noting that improved animal welfare results in better and safer food. These rules laid down guidelines as per existing laws and international best practices for animal care, waste management, and antibiotic use, among others.
However, the Draft Rules for the egg industry released by the Ministry of Agriculture and Farmers’ Welfare in 2019 are weak and tokenistic. They must meet the recommendations of the Law Commission. Strict oversight for compliance and enforcement of environmental regulations is the need of the hour, given the CPCB’s reclassification of the poultry industry as a highly polluting ‘orange category’ industry. In light of the bird flu public health crisis and the climate emergency, it is crucial for the situation to be addressed.
