Proposed amendments to the Prevention of Cruelty to Animals Act: FIAPO seeks stricter penalties

CHENNAI: The Federation of Indian Animal Protection Organisations (FIAPO) has asked for stricter penalties in proposed amendments to the Prevention of Cruelty to Animals Act, 1960.
The central government has started stakeholder consultations to amend the PCA Act 1960, which although a post-constitutional law, is an insufficient development of the colonial law (the Prevention of Cruelty to Animals, 1890 Act) it replaced. For example, the punishment of Rs 50 for an offence of cruelty, dates back to the 1890 Act. In addition, the 1960 Act reduces the punishment of cruelty, pegging it across a range of Rs 10 to Rs 50 for a first-time offender and Rs 25 to Rs 100 for a repeat offender. So, FIAPO has called for stricter punishments, plugging lacunae in existing laws, graded response to reflect severity of the crime and making all crimes/offences under the PCA Act cognizable.
“We need a revision in law, which correctly reflects the prevailing values of our society, the ethos of ahimsa from our spiritual teachings, the idea of compassion from the Constitution and the correct nature of the crime,” said Varda Mehrotra, executive director, FIAPO, in a press release.
FIAPO has made the following recommendations so that the PCA Act can act as a true deterrent:
~ A minimum imprisonment for each offence with an increased fine. For instance, under Section 11, for the first offence, a minimum imprisonment of one month, extending up to three months, along with a fine of not less than Rs 750 extending up to Rs 3,750 should be prescribed. Subsequent offences can be punished with a minimum imprisonment of six months extending up to one year, along with the prescribed fine for the second offence.
~ Punishment proposed for gruesome cruelty should be a minimum imprisonment of one year, extendable up to three years along with a fine of Rs 50,000 or cost of the animal as determined by the jurisdictional magistrate, whichever is more. Further, the crime of killing an animal should be punished with a minimum imprisonment of seven years, extending up to 10 years. Also, gruesome cruelty must be defined on the lines of Section 320 of Indian Penal Code which deals with “grievous hurt”. Merely equating gruesome cruelty with life threatening cruelty and leaving it at that without prescribing the specifics of what amounts to gruesome cruelty will leave a grave lacuna in the law and act to the aid of the animal abusers and accused in general.
~ Hence it is suggested to include the following kinds of cruelty under gruesome cruelty – emasculation, permanent privation of the sight of either eye, permanent privation of the hearing of either ear, privation of any member or joint, destruction or permanent impairing of the powers of any member or joint, permanent disfiguration of the head or face, fracture or dislocation of a bone or tooth, and ay cruelty which endangers life or which causes the animal to be during the space of twenty days in severe bodily pain, or unable to follow his or her ordinary pursuits.”
~ FIAPO has recommended to delete Section 28 of the PCA which provides statutory protection to killing of an animal as required by religion. It is submitted that any killing of an animal that aggravates the suffering of an animal in his / her death is unconscionable and cannot be protected by law.
“We strongly recommend that the PCA should recognize and statutorily provide an absolute ‘Right to Life of Animals’ to live without any human interference or human cruelty. This has already been recognised by the Supreme Court in Animal Welfare Board of India v. A. Nagaraja and Ors, 2014 (7) SCC 547,” said Varda Mehrotra.