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Prevention of Cruelty to Animal Act | Draft proposes 61 changes: 3-year jail for ‘gruesome cruelty’, 5 for killing

Why in News?

Recently, the Government has introduced the draft Prevention of Cruelty to Animal (Amendment) Bill-2022 to amend the six-decade-old law Prevention of Cruelty to Animal Act, 1960.

• The draft has been prepared by the Ministry of Fisheries, Animal Husbandry and Dairying.

What are the Proposed Amendments?

• Bestiality as a Crime:
  • The draft includes ‘bestiality’ as a crime under the new category of ‘gruesome cruelty’.
    • “Bestiality” means any kind of sexual activity or intercourse between human being and animal.
    • Gruesome cruelty has been defined as “an act that leads to extreme pain and suffering to the animals which may cause lifelong disability or death”.
  • Punishment for Gruesome Cruelty:
    • A minimum fine of Rs 50,000 may be imposed and may be increased to Rs 75,000 by a judicial magistrate in consultation with the jurisdictional veterinarians, or the cost may be determined by the judicial magistrate whichever is more, or a maximum fine of one year that may be extended to three years.
  • Punishment for killing an Animal:
    • A maximum 5-year imprisonment, along with a fine.
  • Freedoms to Animals:
    • The draft also proposes insertion of a new Section 3A, which provides ‘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
      • Freedom from discomfort due to environment
      • Freedom from pain, injury and diseases
      • Freedom to express normal behaviour for the species
      • Freedom from fear and distress
    • Community Animals:
      • In the case of community animals, the local government shall be responsible for their care.
        • The draft proposals introduce the community animal as “any animal born in a community for which no ownership has been claimed excluding wild animals as defined under the Wildlife Protection Act, 1972.

What does the Prevention of Cruelty to Animals Act, 1960 say?

• About:
  • It discusses different forms of cruelty, exceptions, and killing of a suffering animal in case any cruelty has been committed against it, so as to relieve it from further suffering.
  • The legislative intent of the Act is to “prevent the infliction of unnecessary pain or suffering on animals”.
  • The Animal Welfare Board of India (AWBI) was established in 1962 under Section 4 of the Act.
  • This Act provides for punishment for causing unnecessary cruelty and suffering to animals. The Act defines animals and different forms of animals.
    • In the case of a first offence, fine which shall not be less than ten rupees but which may extend to fifty rupees.
    • In the case of a second or subsequent offence committed within three years of the previous offence, fine which shall not be less than twenty-five rupees but which may extend to one hundred rupees or with imprisonment for a term which may extend to three months, or with both.
  • It provides the guidelines relating to experimentation on animals for scientific purposes.
  • The Act enshrines the provisions relating to the exhibition of the performing animals, and offences committed against the performing animals.
• Criticism:
  • The Act has been criticised for being ‘speciesist’ (put very simply, the assumption that humans are a superior species deserving more rights), for its quantum of punishment being negligible, for not defining ‘cruelty’ adequately, and for slapping a flat punishment without any gradation of crimes.

UPSC Civil Services Examination, Previous Year Question (PYQ)

1. Consider the following statements: (2014)

1. Animal Welfare Board of India is established under the Environment (Protection) Act, 1986.
2. National Tiger Conservation Authority is a statutory body.
3. National Ganga River Basin Authority is chaired by the Prime Minister.

Which of the statements given above is/are correct?

(a) 1 only

(b) 2 and 3 only

(c) 2 only

(d) 1, 2 and 3

Ans: (b)