By: Akanksha
The Ministry of Fisheries, Animal Husbandry and Dairying published Gazette Notification G.S.R. 864 (E) on October 6, 2026. This introduces the Draft Prevention of Cruelty to Animals (Control and Supervision of Experiment, Breeding and Trading of Laboratory Animals) Rules, 2026. Issued by the Committee for Control and Supervision of Experiments on Animals (CCSEA) the draft replaces the 1968 Rules and the Breeding of and Experiments on Animals (Control and Supervision) Rules, 1998 (amended in 2001 and 2006).
The 30-day public consultation period closes on November 5, 2026. Animal welfare bodies, legal professionals and researchers are objecting to the draft as it removes almost thirty years of basic protections for lab animals.
The Prevention of Cruelty to Animals Act, 1960 (PCA Act) is animal welfare legislation enacted “to prevent infliction of unnecessary pain or suffering to animals” (Preamble and Section 17(2)). In Animal Welfare Board of India v. A. Nagaraja & Ors. [(2014) 7 SCC 547] the Supreme Court recognized that animals possess inherent dignity and respect and have a fundamental right to live free from torture and unnecessary suffering under Articles 21 and 51A(g) of the Constitution. Under the Doctrine of Non-Retrogression subordinate legislation cannot dilute existing legal protections.
Whilst analyzing the 2026 Draft Rules it is evident that key sections have been directly lifted from the 16 year old EU Directive 2010/63/EU — specifically Rules 1,3,4,7,12,13 and Annexure-I. However, the draft has cherry-picked elements of the EU Directive.
Key provisions have been excluded including protections for sentient cephalopods (Article 1(3)(b)), a strict ban on reuse following severe procedures (Article 16), mandatory post-experiment review (Article 39) and transparency via Non-Technical Project Summaries (Article 43). This selective adoption has been used to strip India’s stronger statutory protections.
The 2006 Amendment required mandatory aftercare and rehabilitation. Researchers were strictly directed that they “shall not euthanize animal(s) except in situations as defined in clause (ff)”
Euthanasia must only be performed on animals suffering from irreversible paralysis or loss of locomotion, untreatable recurrent pain or life-threatening infectious disease.
The cost for aftercare and rehabilitation had to be “included in the research budget” (Rule 9(cc)(iii) & (iv)), and a lump-sum payment had to be made by the facility to cover the animal’s full expected lifespan.
However, Rule 9(cc) and Rule 9(ff) have been removed in the 2026 Draft Rules:
Rule 1(6): Killing the animal is now a standard option alongside rehabilitation (until the animals have been euthanized, rehabilitation to an appropriate habitat/husbandry system).
Rule 15(4): Death is accepted as an endpoint — if it is unavoidable — and the requirement for a lump-sum payment to cover the animal’s full expected statistical lifespan has been removed.
Rule 15(1): Reuse of surviving animals in multiple studies is standard practice. Major survival surgery can be performed on an animal more than once — (Schedule III, Part B, Item 11(d)).
Are 1998 Restrictions on Debarking Dogs and Eye Tests Being Removed?
Rule 9(m): Dogs used for experimentation shall not be debarked.
Rule 9(l): Prohibited the application of chemicals into the eye of an animal for absorption through the cornea/conjunctival membrane solely to cause pain (preventing cruel Draize eye irritancy tests).
Rule 9(j): Prohibited administration of paralysants (curare or any such paralysants) without deep anaesthesia to cause unconsciousness.
Rule 9(d) and 9(f): All procedures more invasive than injection must be performed whilst an animal is under anesthesia by a trained scientist or veterinary surgeon. They will be present near the animal until the experiment concludes. If an animal suffers severe or unusual pain it “shall be painlessly destroyed at that stage and not processed with the experiment.”
All protections in Rule 9 of the 1998 Rules have been removed. By removing restrictions on debarking dogs labs will now be able to cut or damage the vocal cords of Beagles to cause silent suffering within their cages. Protocols prohibiting the use of anaesthetics or analgesics during painful procedures are also permitted — (Schedule III, Part B, Item 10(g)).
Whilst Rule 7(2) prohibits prolonged severe pain without relief, Annexure-I (Section III, Category 4: Severe) outlines:
Clause 4(o): Induction of unstable fractures, thoracotomy without sufficient analgesia or trauma to cause multiple organ failure.
Clause 4(s) & 4(t): Inescapable electric shocks (e.g. to induce learned helplessness) and complete isolation for prolonged periods of social species (e.g. dogs/non-human primates).
Clause 4(i) & 4(n): Single-dose acute lethal toxicity tests, allowing tumors to ulcerate and cause severe wasting (cachexia) or bone invasion.
Only severe and non-recovery experiments on animals above rodents/lagomorphs require approval from the central Committee (CCSEA) (Rule 11(2)). All mild and moderate experiments on all animals — Beagle dogs, cats, monkeys (non-human primates), horses, sheep and pigs — are internally approved by the facility’s Institutional Animal Ethics Committee (IAEC)(Rule 11(3)). This clearly states:
Such experiments shall not be referred to the Central Committee.
“Moderate” includes tumor induction, surgeries, sub-lethal irradiation/chemotherapy, surgical production of GM animals, 5 days in restrictive metabolic cages, 48 hour fasting and causing unavoidable distress responses (Annexure-I, Section III, 3).
The IAEC has built-in bias:
The veterinarian of the IAEC (paid employee of the lab) decides if the experiment is mild, moderate, severe or non-invasive (Rule 11(10)).
Five of the nine members of the IAEC work for the establishment — including the Chairperson & Member Secretary (Rule 16(2) & (4)). As the quorum (Rule 17(2)), paid employees of the lab hold a 4-2 majority vote at every IAEC meeting. Neither the Main Nominee nor Socially Aware Nominee has veto powers.
IAECs can grant blanket approval for up to 5 years for repetitive or teaching experiments (Rule 11(11)).
Under the 1998/2006 Rules must be obtained from registered breeders (Rule 10(b)). Stray dogs/cats from Indian streets and wild animals could not be used. Under the 2026 Draft Rules:
Protected Wildlife: Experiments can be performed on species protected under the Wildlife (Protection) Amendment Act, 2022 if the lab provides “scientific justification” (Rule 5(1)).
Wild-Caught Animals: Wild animals can be trapped (Rule 5(2)(c)). Any injured or poor health animals found during or after capture must be examined by a veterinarian…
Stray and Feral Dogs & Cats: Stray and feral domestic animals shall not be used however competent authorities (not defined in Rule 2) can approve testing on stray and feral animals for animal health/welfare studies or “serious threats to environment or human/animal health” (Rule 5(3)). This contradicts the Animal Birth Control Rules, 2023.
Non-Human Primates: Rule 5(1)(c) states “the prohibition on using protected wildlife shall not apply to any species of non-human primates” which contradicts Rule 6(2) (specimens of non-human primates listed in the Wildlife (Protection) Amendment Act, 2022 shall not be used in experiments). Rule 6(1)(b) links to Rule 4(1) meaning monkeys can be used for basic curiosity-driven research.
Also Read: 'The Elephant Man' Drug Trial: A Fatal Clinical Test That Left 6 Healthy Volunteers in Agony
Animal Testing for Plants: Animals can be tested to prevent, diagnose or treat diseases or to alter physiological conditions in human beings, animals or plants (Rule 4(2)(a) & 4(2)(b)). This contradicts Rule 2(h) in the 2026 Draft Rules.
Live Animal Surgical/Robotic Training: Experiments can be carried out to gain, maintain, or improve vocational skills (Rule 4(6)). Laparoscopic and Robotic surgery training on animals alongside high-tech major invasive surgery training are included in non-recovery experiments (Annexure-I). Unlike the 1998 Rules where “schools up to higher secondary level” were excluded (Rule 2(d)), this exclusion has been removed in the 2026 Rules (Rule 2(i)).
Weakening of 3Rs and Ignoring NAMs: The requirements to prioritize lowest phylogenetic scale and use the least number of animals with a 95% degree of confidence (Rule 9(bb) 2006) have been removed. The replaced requirement has been weakened to “wherever possible.” New Approach Methodologies (NAMs) such as human organ-on-a-chip, organoids, 3D bioprinting and AI/in silico toxicology are not mentioned (Rule 3).
Also Read: 3D Bioprinting Technology to be Used for Removing Cancer Cells
Commercial Traders: A new category of commercial traders (middlemen) have been created. IAECs are not required for traders supplying animals from breeders to users without housing animals (Rule 16(6)).
Open Market Purchases: Livestock, farm animals (above Lagomorpha), fish and birds can be purchased from non-registered establishments/open markets with only internal approval from the IAEC (Rule 21(2)).
Mobile Facilities: An establishment is defined as “any place not fully enclosed/covered and mobile facilities where laboratory animals are bred/housed/traded or used for experiments” (Rule 2(i)). This contradicts Schedule I, Item 8 (fixed GIS latitude and longitude coordinates requested), and Rule 19(1)(a).
Qualifications: The requirement for a degree or diploma in veterinary science, medicine, or laboratory animal science has been removed (Rule 12(4) & 12(6)). Staff who have not demonstrated competency can perform experiments and euthanasia under supervision (Rule 12(4)). Minimum requirements regarding educational/training requirements must merely be published by the establishment itself (Rule 12(6)). Member State references from Article 23(3) of the EU Directive have been replaced with “Establishment”.
Advance Notice to Labs & Removal of Rescue Rights: CCSEA must appoint inspection teams to verify compliance by the establishment with advance notice … (Rule 24(4)). This limits Section 18 of the PCA Act, 1960, and supersedes Rule 14(c) & 14(d) of the 1998 Rules. There are no provisions for the seizure or rescue of animals in suspended or cancelled labs.
Invertebrates, Non-Invasive, Contract Testing & Appeal Rights: Invertebrates (cephalopods and decapod crustaceans) are excluded (Rule 1(8)). Veterinary clinical field trials are exempt (Rule 1(10)(c)). Non-invasive experiments do not involve breaking the skin or surgery (Rule 2(r)); meaning non-surgical distress (fasting, sleep deprivation, isolation) can be categorized as non-invasive. The ban on contract testing from the 1998 Rules has been reversed (Rule 2(g) & 22), allowing foreign companies and undefined agencies to outsource animal testing to Indian labs. Only the establishment aggrieved by any decision of the Committee have the right to appeal to the Ministry Secretary (Rule 26); welfare nominees and organizations are granted no appeal rights.
Public objections and requests to withdraw and rewrite the 2026 Draft Rules can be emailed to cpcsea-mef [at] gov [dot] in. They can also be mailed to the Member Secretary (CCSEA), Office of CCSEA, Near State Bank of India, Delhi Milk Scheme Complex, Shadipur, Delhi-110008.
Submissions must be made by November 5, 2026. Reference to and template letters are available at faunapolice.com/tools/gsr-864-objection-letter and animalwrites.in.
References:
1. Committee for the Purpose of Control and Supervision of Experiments on Animals (CCSEA). Draft Prevention of Cruelty to Animals (Control and Supervision of Experiment, Breeding and Trading of Laboratory Animals) Rules, 2026. Government of India, 2026. https://ccsea.gov.in/WriteReadData/LnPdf/DraftPreventionofCrueltytoAnimals(ControlandSupervisionofExperiment,BreedingandTradingofLaboratoryAnimals)Rules,2026.pdf.
2. Fauna Police. “GSR 864 Objection Letter.” Accessed October 26, 2026. https://faunapolice.com/tools/gsr-864-objection-letter.
3. CAShorts Desk. “Regulating Animal Experiments: Prevention of Cruelty to Animals Act and CCSEA.” DecodeCivils, October 22, 2026.
(OG/APC)
