CRUELTY TO ANIMALS (AMENDMENT) BILL 2022
1.Why in news?
The Centre has proposed to overhaul The Prevention of Cruelty to Animals Act, 1960, introducing 61 amendments in the law, which includes three years’ imprisonment for committing “gruesome cruelty” including “bestiality” with animals.
A draft Prevention of Cruelty to Animals (Amendment) Bill, 2022, prepared by the Ministry of Fisheries, Animal Husbandry, and Dairying, has been opened for public comments until December 7. Once the draft is final, the Bill could be brought either in the Winter Session or the Budget Session of Parliament.
2.What are the main changes proposed in the law?
- Essentially, the law is proposed to be made tighter, with more stringent punishments. Several offences have been made cognizable, which means offenders can be arrested without an arrest warrant
- The draft bill has proposed to include “Bestiality” as a crime under the new category of “Gruesome cruelty.”
- The proposed subsection describes “gruesome cruelty” as any act involving animals which leads to “extreme pain and suffering” and is “likely to leave the animal in life-long disability”
- It includes “mutilation or killing of animal by the use of strychnine injection in the heart or any other cruel manner that is known to cause permanent physical damage to the animal or render animal useless or cause any injury which is likely to cause death including bestiality…”
- The draft proposes fines from Rs 50,000 to Rs 75,000 “or the cost of the animal…whichever is more or with the imprisonment of one year which may extend up to three years or with both” for the offence of gruesome cruelty.
- For killing an animal, the draft Bill proposes a maximum punishment of five years in jail
- The draft bill proposes the insertion of a new section providing five freedoms to animals.
It shall be the duty of every person having charge of an animal to ensure that the animal in his care or under his charge has freedom from:
- Thirst, hunger and malnutrition;
- Discomfort due to environment;
- Pain, injury and diseases;
- Fear and distress, and the
- Freedom to express normal behaviour for the species
The proposed law also says that “in case of a community animal, the local government such as municipality or panchayats shall be responsible for taking care of the community animals in a manner developed by the State Government or by the Board”
The draft defines “community animal” as “any animal born in a community for which no ownership has been claimed by any individual or an organization, excluding wild animals as defined under the wildlife Protection Act, 1972 (53 of 1972).”
3.What is the argument for strengthening the law?
- The dog had a fractured leg and suffered bruises. An offence such as this — fairly common in India — would currently attract charges under Section 428 (mischief by killing or maiming animal) IPC and Section 11 (treating animals cruelly) of The PCA Act, 1960
- First-time offenders under the PCA Act are punished with a fine of Rs 10-50. If it is found that this is not the offender’s first such crime in the past three years, the maximum punishment would be a fine between Rs 25 and Rs 100, a jail term of three months, or both.
- The penalty is ridiculously light in the law as it exists now, and is incapable of acting as any deterrent for potential offenders.
| In 2014, the Supreme Court, in ‘Animal Welfare Board of India vs A Nagaraja & Others’, had said that “Parliament is expected to make proper amendment of the PCA Act to provide an effective deterrent” and that “for violation of Section 11, adequate penalties and punishments should be imposed” |
4.Government views on this
In April 2021, the Centre had proposed changes where the penalty can go up to “Rs 75,000 per animal or three times the cost of the animal as determined by the jurisdictional veterinarian, whichever is more, and imprisonment of three years which may extend to five years or both.”
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For Mains:
1. Current anti-cruelty laws don’t protect animals and only harm humans. Do you agree?
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