No Law Against Sexual Abuse of Animals in India: A Legal and Ethical Void

No Law Against Sexual Abuse of Animals in India: A Legal and Ethical Void

In a nation celebrated for its spiritual reverence for all life forms, the absence of specific animal protection laws in India criminalizing sexual assault on animals presents a disturbing contradiction. While India has made significant strides in criminal law reform and animal welfare rhetoric, this glaring omission in the revised penal code has exposed a serious legislative loophole—one that invites both legal scrutiny and moral introspection.

A Timeline of Legal Dilution

1. IPC Section 377 (Pre-2018 Context):

Historically, sexual intercourse with animals was punished under Section 377 of the Indian Penal Code (IPC), which criminalized “carnal intercourse against the order of nature.” While often misused against the LGBTQ+ community, the provision was also the only explicit clause criminalizing bestiality in animal protection laws in India.

2. 2018 – The Navtej Singh Johar Judgment:

The Supreme Court decriminalized consensual same-sex relations, upholding human dignity and constitutional morality. However, it left intact the applicability of Section 377 to non-consensual acts and bestiality, maintaining a semblance of animal protection legislation.

3. 2024 – Introduction of the Bharatiya Nyaya Sanhita (BNS):

In a sweeping overhaul of colonial-era laws, the BNS completely omitted Section 377, and with it, the only statutory reference to bestiality. The move was interpreted as an inadvertent but serious legal erasure of protection for animals against sexual abuse, highlighting the need for comprehensive animal protection laws in India.

Recent Cases Highlight the Legal Vacuum

▪ Nagpur Equestrian Case (May 2025):

CCTV footage exposed a staffer at an equestrian academy sexually abusing a mare. Public outrage surged, drawing attention from animal welfare organizations. Yet, legal action could only proceed under the prevention of animal cruelty act, which carries a paltry penalty. The animal cruelty act section 11 punishment, usually a fine of ₹50–500 or imprisonment for up to three months, underscored the inadequacy of existing animal protection laws in India.

▪ Labrador Abuse Case, Assam (April 2025):

A man was arrested for sexual violence against animals, specifically a pet dog, causing significant animal suffering. Again, police resorted to the animal act in India. In the absence of any specific provision under the BNS, the charges remained weak and symbolic, highlighting the inadequacies in current animal protection legislation.

Key Legal and Ethical Concerns

Complete Absence in Criminal Statutes:

There is no section in the new criminal law that recognizes bestiality as a punishable offence, exposing a significant gap in animal protection laws in India. This lack of criminalization of sexual intercourse with animals is a serious concern for animal welfare activists and organizations like PETA (People for the Ethical Treatment of Animals), who advocate for stronger animal protection through the PETA act.

Minimal Deterrence in PCA Act:

The animal act, also known as the prevention of animal cruelty act, offers only token penalties—designed for minor cruelty, not heinous sexual abuse. This highlights the urgent need for updated animal protection laws in India and stricter animal cruelty act section 11 punishments.

Potential for Psychological Escalation:

Numerous studies and animal abuse data link cruelty to animals, including sexual abuse, with antisocial behavior, including future acts of violence against humans, emphasizing the sociological impact of such crimes and the need for robust animal protection legislation.

Violation of India’s Ethical Commitment:

India’s animal protection philosophy, rooted in the Constitution (Article 48A and Fundamental Duties), stands compromised by such legal oversight. This contradiction calls for a reevaluation of animal welfare policies and the legal framework surrounding animal rights in India.

Constitutional and UPSC Relevance

For UPSC Aspirants: Key Takeaways

• Ethics (GS Paper IV): Raises deep questions on the moral responsibilities of society toward voiceless beings and the ethical implications of cruelty to animals.
• Polity (GS Paper II): Reveals the gaps between constitutional values and statutory implementation in the context of animal protection laws in India.
• Governance (GS Paper II): Offers an example of how reforms can unintentionally leave crucial issues unaddressed, particularly in animal protection legislation.
• Internal Security & Psychology (GS Paper III): Connects to behavioral studies showing how cruelty to animals is a precursor to criminal violence, emphasizing the importance of animal welfare policies and strict animal protection laws.

Suggested Essay/Answer Topics

1. “The Voiceless in Justice: Examining the Legal Protection of Animals in India”
2. “Reforming Criminal Law: Should Animal Abuse Be a Recognized Offence Under Indian Penal Statutes?”
3. “Ethical Governance Begins with the Least Protected: The Role of Animal Protection Laws in Policy-Making”

Conclusion

In a country that reveres cows, worships snakes, and celebrates elephants in temples, the absence of clear animal protection laws in India against cruelty to animals, including sexual abuse, is both ironic and alarming. The government’s criminal law reform, while progressive in many respects, has inadvertently created a legal void that must be addressed immediately by animal protection agencies and lawmakers.

For civil servants and policymakers of the future, this issue is not just about protecting animals—it is about aligning law with constitutional morality, public conscience, and the humane values enshrined in Indian tradition. It calls for a collaborative effort between the government, animal welfare organizations, and animal rights activists to strengthen the legal framework for animal protection and ensure justice for the voiceless.

The Animal Welfare Board of India, along with other animal welfare organizations, must play a crucial role in advocating for stronger animal cruelty act section 11 punishments and all forms of animal abuse. Only through comprehensive animal protection laws in India and robust enforcement can India truly honor its commitment to animal welfare and set a global standard for the ethical treatment of all living beings.