The Prevention of Cruelty to Animals (PCA) Act, 1960 is the primary legislation enacted in 1960 with a view to protect animals from cruelty and abuse. The law has since not been amended rendering the fines and penalties outdated and redundant.
Think about it. If someone kicks, tortures or kills an animal, the fine for a first time offender is a mere Rs.50 and there is no mandatory jail time prescribed. In these days with a sharp spike in heinous crimes against animals these pathetic punishments are certainly no deterrent at all.
The Hon’ble Supreme Court vide its judgement in Animal Welfare Board of India vs A Nagaraja and others, dated 7 May 2014 directed the Central Government to urgently amend the PCA Act. The Apex court said: “Parliament is expected to make proper amendment of the PCA Act to provide an effective deterrent to achieve the object and purpose of the Act and for violation of Section 11, adequate penalties and punishments should be imposed. Parliament, it is expected, would elevate rights of animals to that of constitutional rights, as done by many of the countries around the world, so as to protect their dignity and honour.”
The Central Government’s advisory body on animal welfare - Animal Welfare Board of India in April 2021 conducted a stakeholder’s consultation meeting on the amendments proposed to the PCA Act by the Union Ministry of Fisheries, Animal Husbandry and Dairying. It’s been well over a year since activists, organisations and citizens at large sent their suggestions to the amendments proposed by the Government.
It is learnt that the bill has been finalised after taking into consideration the comments and suggestions received from the public, activists and organisations. However, the bill is yet to become a law.
A citizen’s campaign vocalforanimals.org was launched last year, ahead of the monsoon session of parliament to urge the government to pass the proposed amendment bill and make it a law. Over two lakhs citizens sent emails to the Central Government and the PMO from all
across India urging the Government to pass the amendment bill in the monsoon session.
Sadly, the amendment bill didn’t make it to the monsoon, winter or budget session. One more monsoon session has passed without any action on this.
Over two hundred MPs and MLAs, across party lines, had pledged their support for stronger animal protection laws by writing to the Union Minister of Fisheries, Animal Husbandry and Dairying requesting an urgent amendment in the PCA Act.
Each day animals are suffering due to weak laws and pitiful penalties.
As Meet Ashar Manager of Cruelty Response Projects PETA India emphasises, "One important change in the law that we all wish to see is that heinous crimes of brutal torture and killing animals must be made non-bailable and carry exemplary punishment to serve as a deterrent."
As they say, a society is known by the way it treats its animals. This could well be said for a government as well.
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