The Indian Government has recently introduced the draft Prevention of Cruelty to Animal (Amendment) Bill-2022, seeking to update the over six-decades-old law, the Prevention of Cruelty to Animal Act, 1960. The proposed bill, conceived by the Ministry of Fisheries, Animal Husbandry and Dairying, includes several key amendments intended to strengthen animal protection in India.
Proposed Amendments in the New Bill
Among the changes proposed, the notable ones include:
1. Bestiality as a Crime: The draft suggests defining ‘bestiality’, any type of sexual activity between humans and animals, as a crime under the new label of ‘gruesome cruelty’. This act is further described as causing extreme pain and ongoing suffering to animals, possibly leading to lifelong disability or death.
2. Punishment for Gruesome Cruelty: Those found guilty of ‘gruesome cruelty’ could face a minimum fine of Rs 50,000; this could be increased up to Rs 75,000 or dictated by the cost determined by a judicial magistrate. Moreover, they could receive a maximum jail term of one year, extendable to three years.
3. Punishment for Killing an Animal: The new bill proposes a maximum prison sentence of five years, along with a monetary fine, for killing an animal.
4. Freedoms to Animals: The bill also recommends including a new Section 3A, which guarantees ‘five freedoms’ to animals. These include freedom from thirst, hunger, discomfort due to environment, pain, injury, diseases, fear, and distress, and the freedom to display normal behaviour for their species.
5. Community Animals: Local governments would be made responsible for caring for community animals under the proposed amendments.
Prevention of Cruelty to Animals Act, 1960
The existing Prevention of Cruelty to Animals Act, 1960 discusses various forms of cruelty and exceptions. It provides provisions for ending a suffering animal’s life if it has been subject to cruelty. The primary aim of this Act is to prevent unnecessary pain or suffering to animals. The Animal Welfare Board of India (AWBI) was set up under this Act in 1962. It defines animals and different forms of animals and sets guidelines relating to experimentation on animals for scientific purposes. The Act, however, has drawn criticism for being ‘speciesist” and not adequately defining “cruelty”, among other things.
Previous Year Question in UPSC Civil Services Examination
A question relevant to the topic appeared in the 2014 Civil Services Examination. Candidates had to validate statements related to the Animal Welfare Board of India, National Tiger Conservation Authority, and National Ganga River Basin Authority. The correct answer clarified that the Animal Welfare Board of India was established under the Prevention of Cruelty to Animals Act, 1960, not the Environment Protection Act, 1986. The National Tiger Conservation Authority is a statutory body, and the National Ganga River Basin Authority is chaired by the Prime Minister. Therefore, only the second and third statements were correct.