Bhubaneswar: Following the exclusion of any legislation protecting animals from sexual abuse in the Bharatiya Nyaya Sanhita (BNS) – one of the three ‘transformative’ criminal code bills that received presidential approval December 25, animal rights activists have now pinned hopes on Cabinet approval to the amended Prevention of Cruelty to Animals Act, 2022 that has long been waiting to see the light of the day. “During inter-ministerial consultations, the MHA has approved the inclusion of provisions to deal with sexual violence against animals with a combination of penal action and monetary fines in the amended Prevention of Cruelty to Animal Act.
However, the Cabinet is sitting over the draft since long,” Gauri Maulekhi, Trustee of People For Animals (PFA), India’s largest animal welfare organisation, told Orissa POST. She said PFA had earlier urged the Union government not to drop the provision in BNS to protect mute animals from the worst form of violence. “But they were not keen on keeping the provisions in the new law. Therefore, we demanded to bring it in the amended Prevention of Cruelty to Animals Act. We appeal the government to give animals their deserving justice,” she added. Earlier, PFA and another animal rights body, People for Ethical Treatment of Animals (PeTA) had raised serious concerns before the Home Affairs Committee about the omission of sections criminalising animal sexual abuse in BNS draft bill. The MHA had clarified that the non-inclusion of the provision, embedded in Section 377 of the Indian Penal Code – which criminalised sexual abuse of animals since 1860 – was on account of the Supreme Court’s partial removal of the impugned law in a 2018 judgement, while retaining protection for animals, children and others.
The top court had observed that the provisions of Section 377 will continue to govern nonconsensual sexual acts against adults, all acts of carnal intercourse against minors and acts of bestiality, while dropping sexual violence against animals under its ambit. Meanwhile, Maulekhi said that the new draft legislation of the Prevention of Cruelty to Animals Act must take into account sexual abuse against animals beyond carnal intercourse. “IPC Section 377 defined sexual abuse (against animals) only as carnal intercourse, or penilevaginal penetration, which is not the case always. More often than not it involves the mutilation of the animal’s sexual organ using screwdrivers, rods or other objects. The new act should take those into account too,” she said. The absence of the legislation, she feared, will give a free run to abusers, while the speechless species will suffer in silence.
“Earlier, one case out of 5,000 could make it to police records. Given that experience, offenders will go berserk in the absence of any law,” she added. Stating that sexual abuse of animals is a serious mental distortion, she said if the abuser is not brought to law, he will be tempted to repeat the behaviour with humans, which will lead to larger law and order issues. Speaking in agreement, Purabi Patra of Animal Welfare Trust, Ekamra, while citing the example of a security guard in a housing society in Bhubaneswar who was caught red-handed while sexually abusing a female dog a few years ago, said he was punished because of IPC Section 377. “Isn’t it evident that when one can do this to a dog, won’t he target innocent kids later if he went unpunished,” she asked. Amulya Nayak of People for Animals, Bhubaneswar said, “Every living being including animals should not suffer sexual abuse, and I hope the new act should be tougher against the culprits.”
DEBASISH PANIGRAHI, OP
