INTRODUCTION
According to the Cambridge Dictionary, hoarding is collecting and keeping a large amount of something and keeping it for yourself.[1] Exempli Gratia of hoarding, in a trivial sense, is observed in the case of inanimate objects in the form of stamp and coin collection. But it may lead to some draconian repercussions as well, as observed on South Dick Creek Road, where 100 cats and dogs were recovered from a property after Walker County Animal Shelter raised a request. It was found that dogs were chained to trees, and dozens of cats crammed in crates, including the deceased.[2]
Animal Hoarding is one of the most vicious and heinous offences against animals. It is not just an ethical or moral offence but rather a punitive offence as it involves the lives of numerous innocent creatures. Hoarding of Animal Research Consortium (HARC) defined an animal hoarder as
- Accumulating a substantial number of animals, the individual has reached a point where it will become challenging to meet even the basic requirements of nutrition, sanitation, and veterinary care.
- There is a lack of acknowledgement concerning the worsening circumstances of the animals, consisting of times of sickness, hunger, and, regrettably, death. Simultaneously, the household surroundings deteriorate with intense overcrowding and unsanitary conditions.
- Furthermore, there is a failure to apprehend the unfavourable impact of this animal collection on the character’s health and well-being, in addition to on different contributors of the family.[3]
INFAMOUS INCIDENTS
There have been multiple egregious instances of animal hoarding recorded across the globe. Some of them are listed-
- September 2023– April McLaughlin operated an unauthorized animal centre in her house. The neighbours complained about the unpleasant smell they felt coming from her place. A search warrant was issued, and when the authorities did the field investigation, they were shocked to see the pathetic condition of the dogs. There were 55 dogs, who were undernourished and frail. The place lacked the basic necessities of food, water, and sanitation. Adding to the misery were the dead bodies of five puppies, kept next to the food packages in a refrigerator. [4]
- July 2023– Karen Plambeck in Mercer County was accused of hoarding 200 dogs.[5]
- June 2023– When searched after receiving a tip about animal hoarding, Barbara Wible’s home was discovered to have 146 deceased dogs. They were in their different stages of putrefying.[6]
- March 2023– Aimee J. Lonczak and Michele Nycz were charged with hoarding 180 dogs and cats at their home in Brick Township.[7]
- April 2018– 55 cats were released from an apartment in Pune.[8]
Thus, increased animal hoarding crimes over the years show the sensitivity of the matter and the dire need to analyze and prevent such mishaps.
REASONS
Hoarders consider themselves as having immense love and compassion for animals. The thought backing their reason is that they are helping and saving animals.[9] However, researchers have some specific reasons they claim are the grounds for hoarding animals.
- Burdened Guardians– Against the usual assumption that any person may consider that they are animal hoarders-cum- animal abusers and follow violence and cruelty. Instead, it is seen that they come out as caregivers, and because of things turning unreasonable against them, they fall short of maintaining and nurturing them.[10]
- Psychological Grounds– Although animal hoarding is not recognized as an interdependent psychiatric complication, hoarders are believed to have pets as their chief outlook and try to get firm control over them.[11]
- Delusional disorder– Another research from HARC contributes that it could be because of delusion among hoarders as they consider that they are providing fair treatment to the animals when the situation is terrifically contradictory.[12]
- Obsessive Compulsive Disorder (OCD)- Hoarding is also seen as a symptom of OCD.[13]
- Rescuer– Another reason could be that they started their journey as animal rescuers or adopters but could not meet them with even the basic necessities.[14]
- Institutional Hoarding– To be utilized as an object for research, animals are hoarded and caged in remorseful and apologetic conditions by the institutions. For example, the hoarding of chimpanzees was a common observation at the National Institute of Health, USA, for research purposes. Another could be that of hoarding Dolphins.[15]
LEGISLATIONS
Different countries have varied takes on the crime; some qualify it as a separate offence, a misdemeanour, and others as a felony. For instance,
- Illinois- Humane Care for Animals Act: The statute has defined the offence separately and not as a part of animal cruelty. (510 ILCS 70/2.10) Section 2.10 mentions ‘Companion Animal Hoarder’ which means a person who possesses a large number of companion animals and fails to suffice the owner’s duties as mentioned under Section 3.
- Hawaii- Sessions Laws 2008: Act 128 of the Session Law had criminalized animal hoarding as a misdemeanour.
- Rhode Island’s- Animals and Animal Husbandry- Cruelty of Animals 2016: It is one of the most recent pieces of legislation on the said matter wherein animal hoarding was recognized as a separate offence altogether under the provision of animal cruelty in § 4-1-1.
- New Jersey, New York, West Virginia, Arizona, and Michigan have introduced the legislation in their respective countries; however, it was never passed.[16]
- India- Prevention of Cruelty of Animals Act, 1960: Section 11 of Chapter 3 talks about Animal Cruelty, but the concept, of ‘Animal Hoarding’ is nowhere to be found.
NEED FOR SEPARATE RECOGNITION
Countries need to independently establish animal hoarding as a discrete offence and not imply it under the head of animal cruelty. The study will consider this parameter in the specific reference of Indian statute.
The statute does not mention the word Animal Cruelty, so the study highlights the need for a separate provision to treat the same. The reasons for which Indian legislation of Prevention of Cruelty of Animals Act, 1960 stands inadequate are-
- Psychiatry of the hoarder– As referenced in the reasoning section of the study, it could be due to some psychological disorder like delusional or OCD. Still, the law dealing with animal cruelty does not seem to assess the perpetrator on psychological terms. Considering the situation that they were found guilty and punished, it comes as a high probability that after the completion of their punishment, their situation turns all the more dreadful due to the non-providence of psychological treatment when required. Also, having such a person in society could be terrible thus, proper treatment of the guilty is paramount.
- Awareness– The offence needs to be separated to create awareness amongst the masses because, as of now, people do not understand the gravity of the crime and may even end up neglecting or recognizing it.
- Multitudinous of victims– As the number of victims is gigantic, many times even in hundreds, the situation is a true menace that couldn’t be simply compared to animal cruelty under Section 11.
- Neglect or Wilful– There is a need to distinguish the two and evaluate whether the enactment resulted from sheer neglect or willful disobedience to the desirable treatment. The severity of sentences should thus differ accordingly.
CONCLUSION
In summary, animal hoarding is a fundamental challenge in animal welfare, involving moral, ethical, and legal challenges. Notorious incidents highlight the urgent need to address and prevent animal hoarding, making it imperative to understand the psychological causes to develop effective interventions. Light has been shed on the harsh conditions in which animals are kept. Law emerges as an essential anti-hoarding tool, requiring special legislation to combat specific crimes. The existing legal framework in India, the Prevention of Cruelty to Animals Act, of 1960, has inadequate features, and the need for explicit provisions aimed at collection and, consequently, awareness and understanding of legality is essential. Not only will it be helpful for animals, their welfare, and safety, but it will also put hoarders on the horizon in terms of rehabilitation.
Author(s) Name: Priyal Bansal (Dr. Ram Manohar Lohiya National Law University ,Lucknow)
Reference(s):
[1] ‘Hoarding’ <https://dictionary.cambridge.org/dictionary/english/hoarding> accessed 3 December 2023
[2] Joe Legge, ‘Woman arrested after more than 100 animals removed from hoarding situation in Walker County’ (Walker County, Georgia,14 August 2023) <https://walkercountyga.gov/2023/08/14/woman-arrested-after-more-than-100-animals-removed-from-hoarding-situation-in-walker-county/> accessed 3 December 2023
[3] Gary J. Patronek, ‘The Problem of Animal Hoarding’ (2005) Municipal Lawyer <https://cornellaging.org/gem/pdf/pro_ani_hoa.pdf> accessed 3 December 2023
[4] Stanley Coren, ‘The reality of animal hoarding’ (Psychology Today, 2 October 2023) <https://www.psychologytoday.com/us/blog/canine-corner/202310/the-reality-of-animal-hoarding> accessed 3 December 2023
[5] Linda Cook, ‘Accused dog hoarder case continues in Mercer County’ (Our Quad Cities, 4 July 2023) <https://www.ourquadcities.com/news/crime/accused-dog-hoarder-case-continues-in-mercer-county/> accessed 3 December 2023
[6] Merritt Clifton, ‘Happy ending for chimp, horror for hoarding victims, and a trove of bones’ (Animals 24-7, 1 July 2023) <https://www.animals24-7.org/2023/07/01/happy-ending-for-chimp-horror-for-hoarding-victims-a-trove-of-bones/> accessed 3 December 2023
[7] Karen Wall, ‘Women in brick dog hoarding case face jail time in plea offers’ (Patch, 14 March 2023) <https://patch.com/new-jersey/brick/women-brick-hoarding-case-facing-jail-time-plea-offers> accessed 3 December 2023
[8] Maria Chiorando, ’55 cats saved from hellish hoarding flat in India’ (Plant Based News, 3 April 2018) <https://plantbasednews.org/news/55-cats-saved-from-hellish-hoarding-flat-india/> accessed 3 December 2023
[9] Courtney G. Lee, ‘Never Enough: Animal Hoarding Law’ (2017) 47 U. BALT <https://scholarlycommons.pacific.edu/cgi/viewcontent.cgi?article=1354&context=facultyarticles> accessed 3 December 2023
[10] Ibid at 09
[11] Ibid at 03
[12] Ibid at 03
[13] Ibid at 03
[14] Ibid at 09
[15] Ibid at 06
[16] Victoria Hayes, ‘Detailed discussion of animal hoarding’ (2010) Animal Legal and Historical Center of Michigan State University College of Law <https://www.animallaw.info/article/detailed-discussion-animal-hoarding#s68> accessed 3 December 2023
