[Answered] Examine the effectiveness of the existing Prevention of Cruelty to Animals Act, 1960, in light of the recent social and judicial calls for its amendment. Evaluate the proposed changes and discuss how they align with the global trends in animal welfare laws.

The Prevention of Cruelty to Animals Act (PCA), 1960, is a landmark legislation in India aimed at preventing cruelty towards animals and ensuring their welfare. However, in recent years, there have been growing calls for its amendment due to various reasons such as changing societal attitudes towards animals, advancements in our understanding of animal welfare, and the need to align with global standards in this regard.

Several factors contribute to this ineffectiveness

• Bailable Offences and Weak Fines: Many offences under the Act are bailable and non-cognisable, leading to lenient treatment of perpetrators. Additionally, the fines prescribed by the Act are outdated and insignificant, failing to serve as deterrents.
• Discretionary Sentencing: The law grants courts the discretion to choose between imposing imprisonment or fines, allowing perpetrators to escape severe punishment by opting to pay fines.
• Lack of Rehabilitation Provisions: The Act lacks provisions for rehabilitation or community service, missing an opportunity to reform offenders and prevent future instances of cruelty.

Proposed changes

• Draft PCA (Amendment) Bill, 2022: It represents a significant improvement over the existing law by addressing some of these shortcomings. It proposes amendments such as the inclusion of fundamental freedoms for animals, enhancement of punishments and fines, and addition of new cognisable offences.
• Recognition of Animal Rights: Amendments may also aim to recognize animals as sentient beings with inherent rights, rather than mere property. This shift in perspective would reflect a growing global consensus on the ethical treatment of animals.

Alignment with Global Trends

• Stricter Regulations: Global trends in animal welfare laws indicate a move towards stricter regulations and enforcement mechanisms to prevent cruelty towards animals. Proposed amendments to the Act reflect this trend by advocating for harsher penalties and expanded scope of coverage.
• Focus on Animal Welfare: There is a growing emphasis on animal welfare rather than just prevention of cruelty in modern legal frameworks. Proposed changes to the Act aim to shift focus towards ensuring the overall well-being of animals, including their living conditions, healthcare, and freedom from exploitation.

Conclusion

The PCA Act, while a positive step, requires significant amendments to effectively address contemporary concerns about animal welfare.