For the welfare of animals

Context:  Over the past year alone, there have been reports of animals being subjected to sexual abuse, acid attacks, being thrown off rooftops, and being burnt alive. 

Issues plaguing the Prevention of Cruelty to Animals (PCA) Act, 1960

• Ambiguity in definition: 

• The phrase “prevent the infliction of unnecessary pain or suffering on animals” is not defined anywhere in the Act

• What constitutes “unnecessary” is entirely a matter of subjective assessment

• Mild punishments: Punishes the most serious forms of animal violence with a paltry fine of ?50. 

• No Classification of offences: Section 11 lists a series of offences, which vary from abandoning an animal to kicking it, mutilating it or killing it, and prescribes the same punishment for all these offences.

• Non Cognisable offences: A majority of the offences under the Act are non-cognisable, which means the police cannot investigate the offence or arrest the accused without the permission of a Magistrate. 

• Plethora of exceptions:  

• Exceptions for animal husbandry procedures such as dehorning, castration, nose-roping, and branding.

• The law does not provide any guidelines for these procedures

Viable alternatives

• Grade the offences: An amendment is required to grade the offences according to their severity, and specify punishments accordingly. 

• Cognisable and non- bailable: the more severe offences must be made cognisable and non-bailable.

• Painless castration and replacement of cruel practices: Mandate the use of anaesthetics prior to castration, and the replacement of cruel practices such as nose-roping with face halters and branding with radio frequency identification.

• Farmers should breed hornless cattle.

• Provide proper definitions to phrases in the Act: To achieve a certain standard of objectivity, it is essential that the expressions like “unnecessary pain or suffering” be defined.

Conclusion

• We must seek to protect the most vulnerable among us to uphold the constitutional value to “have compassion for living creatures”.
• Our animal welfare laws need an overhaul.