Need of stricter Animal Protection Law

Source-This post on need of stricter animal protection Bill has been created based on the article “An animal protection Bill that must be moved in June” published in “The Hindu” on 1 May 2024.

UPSC Syllabus-GS Paper-3- Conservation, Environmental Pollution and Degradation

News– The killing of a dog named Jai in Mumbai caused outrage in India, leading to calls for stricter punishments for animal cruelty in Indian law. The #JusticeForJai campaign spread rapidly on social media, with people organizing prayer meetings and candlelight vigils.

Context– Countries worldwide are revising their animal cruelty laws, imposing stricter penalties for acts of cruelty against animals. The article reiterates this demand in context of India too.

What are the inadequacies of the Prevention of Cruelty to Animals (PCA) Act, 1960 in India?

The PCA Act, 1960, which criminalizes various forms of animal cruelty in India, has several shortcomings-

A) Enforcement is weak, and penalties are minimal, failing to effectively prevent animal cruelty.

B) Most offenses are bailable and non-cognizable, hampering immediate police action.

C) Fines are negligible, some as low as ₹10, and haven’t been updated since the 1890 Act.

D) Courts can choose between imprisonment or a fine for offenders, often resulting in lenient sentences.

E) There’s a lack of provisions for rehabilitative punishments like community service at animal shelters.

Read more- WILDLIFE (PROTECTION) ACT, 1972

 What improvements does the Draft PCA (Amendment) Bill, 2022 propose?

The Draft PCA (Amendment) Bill, 2022 was published by the Department of Animal Husbandry. It has introduced significant enhancements, including-

A) Incorporating the five fundamental freedoms for animals.

B) Increasing punishments and fines for various offenses.

C) Introducing new cognizable offenses.

What are the limitations of the proposed Draft PCA (Amendment) Bill, 2022?

For certain serious offenses, such as extreme cruelty and killing animals, the draft Bill still allows for either imprisonment or fines. This could allow offenders to avoid imprisonment by paying fines.

What should be the way forward?

1) Upholding the value of Ahimsa(non-violence)-Since India has been a strong advocate of non-violence since ancient times, it is morally incumbent upon India to demonstrate an example in showing kindness towards animals.

2) Enactment of draft bill-The government should ensure that the amendments to the PCA Act (1960) are enforced. This would be a significant stride towards enhancing animal protection laws in India.

Question for practice

Highlight the inadequacies of the Prevention of Cruelty to Animals (PCA) Act, 1960 in India? How can the proposed Draft PCA (Amendment) Bill overcome these inadequacies?