It appears no living being is safe in this nation, but it is shocking to know that sexual offenses can be committed even to an animal. Although the legal system has already mentioned the laws for animal protection and the moral obligations for animal safety, this issue is crucial as the purest souls who cannot raise their voices against the crimes require the advocacy for stronger legal frameworks, which is imperative for their protection in this harsh environment. Let’s observe some recent cases highlighting such offenses, that highlight the importance of introducing comprehensive legislation and its effective enforcement.
Dog Assault in Karnataka (2024):[1] The public noticed a man, raping a stray dog in Karnataka, who was then handed over to the police. This heinous act created outrage among animal lovers. Furthermore, a man was arrested for dragging a dog tied to his scooter.
Pregnant Goat Gang-rape in Haryana (2018):[2] This is a horrific incident where a goat with a baby in her womb was gang raped by 8 men in Haryana, who later died. This monstrous act creates an urgent need for legal reforms to protect animals.
Cat Torture and Abuse in Bulandshahr (2023):[3] A recent case in which a teenager was detained due to his violent act of spinning a cat stuffed inside a sack. In further investigations, it came into the picture that he was involved in serious offenses against other animals, resulting in disturbing behaviour in society.
Monitor Lizard incident in Maharashtra (2022):[4] This incident is unbelievable. Still, it took place in a forest in Maharashtra where four men were arrested for allegedly committing the rape of a Bengal monitor lizard.
Pregnant Cow Rape in Bengal (2022):[5] A man from Bengal had been arrested on charges of raping a pregnant cow. He had stolen the cow from its owner and brutally raped the cow, causing severe injuries which led to its death.
Numerous unregistered cases have been committed in India. These unregistered cases have not come to light in public, which makes it crucial for social and legal reforms to protect the deceased animals.
EXISTING LEGAL FRAMEWORKS
Sexual offenses committed by a human against animals are also known as “Bestiality”. This term means sexual relations between a human and an animal, accounting for unnatural offenses provided in section 377 of the Indian Penal Code (IPC)[6] that penalized carnal intercourse against the order of nature i.e., criminalizing unnatural offenses in India. This law was punishable by either life imprisonment or imprisonment up to ten years and a fine. However, the particular section has been removed with the introduction of the Bharatiya Nyaya Sanhita (BNS)[7], which came into effect on July 1, 2024, no other provision is included to tackle sexual offenses against animals. This is the biggest weakness of this legal reform as it was the only provision that dealt with the cases of sexual crimes against animals and men. In Mumbai, a social activist struggled to file a case of sexual harassment against animals due to the new criminal laws.[8] Therefore, it becomes a huge challenge to file such cases in India. In contrast, The Prevention of Cruelty to Animals Act, of 1960[9] is the only primary legislation that serves animal welfare in India. But, it does not handle the problems of sexual abuse of animals. In addition, the fines and penalties charged for such offenses were minimal- Punishable by a maximum fine of just ₹50, failing to address many contemporary issues.
MODERN LEGAL REFORMS
Societal perspectives towards animals have evolved significantly leading to the urgent overhaul of the Act. [10]The first Draft of the Animal Welfare Bill was revised according to the Supreme Court of India’s observations in Animal Welfare Board of India v. A Nagaraja & Ors.[11] and submitted to the government in June 2014. “#NOMORE50”, A campaign launched by Humane Society International/India and People for Animals was also given massive support to increase the penalties for Animal Cruelty in India. [12]With this, the general public showed immense support for strong animal protection laws. The latest Draft Amendment Bill was published in November 2022. This amendment not only introduced some new definitions of terms like ‘gruesome cruelty’ but also established the new Section 11(A) which includes the offense of Bestiality. The proposed amendment increased the fine for cruelty to ₹1000-₹2,500 or an imprisonment term of 6 months to 1 year, or both. Moreover, the amendment proposes a new Section 11(4), directing the maintenance of a record of all cases registered under this Act at the district headquarters. The amendment also provides for the infrastructure such as the State Animal Welfare Boards and allow for effective implementation as identified by the Supreme Court of India in Geeta Seshmani v. Union of India.[13]
Keeping in mind these legal reforms, there is still a pressing necessity to introduce stricter punishments and implementations to protect the Animals and their freedom in society.
SUGGESTIONS FOR LEGAL MODIFICATIONS
Animal organizations have raised various concerns about the omission of provisions addressing sexual offenses against animals. Below are the recommendations that can be considered when making certain laws regarding this issue.
Explicit Prohibition of Bestiality: Specific provisions must be introduced in the legal framework that strictly criminalizes sexual abuse against animals. The Federation of Indian Animal Protection Organizations (FIAPO) also pointed out the lack of provisions in the BNS bill concerning sexual violence against animals[14]. The definition should include all forms of sexual exploitation or abuse of animals.
Greater Punishments: Existing laws need to be revised by adding harsher punishments for sexual offences against animals including heavy fines and rigorous imprisonment to develop fear in the minds of the accused. People for the Ethical Treatment of Animals (PETA), an animal organization also urged the government to include strict punishments for sexual abuse against animals.[15]
Social Awareness Drives: Implementing educational initiatives to raise public awareness regarding the legal implications of sexual offenses against animals, encouraging empathy and responsibility towards animals.
Strengthened Investigation and Enforcement: Sexual offenses against animals must be considered cognizable offenses so that law enforcement agencies can immediately act without a warrant. This can be extremely effective in arresting the accused without any delay.
Training for Law Administration: Customised training must be provided to police officers and judicial authorities to handle cases of sexual abuse against animals proficiently. They should also be well-trained to ensure proper investigation, evidence collection, and prosecution.
CONCLUSION
The insufficient disciplinary measures regarding sexual offenses against animals create an urgent need for social and legal reforms to protect defenseless beings from animal cruelty as it is more than an act of violence. The individuals involved in such crimes are considered to be more violent[16]. Therefore, stricter legal provisions must be introduced to increase the prevention of such offenses against animals. The speechless souls also deserve to have the right to life and liberty and require a moral obligation by people to foster a more humane society. Therefore, by implementing clear laws, strict penalties, and punishments, such heinous acts can be deterred which can help in maintaining a respectful culture for all living beings. Addressing this issue is important to ensure justice and safeguarding the voiceless. Animals are silent beings who cannot speak for themselves, but their pain is real- Let’s be their voice and put an end to violent acts of animal cruelty. We can also contribute towards helping animals by joining animal NGOs like TOLFA[17] and Petofy[18] who help the speechless pure souls by rescuing them and providing shelter for their welfare.
Author(s) Name : Kirti Suri (Faculty of Law, University Of Delhi)
References:
[1] ‘Man Caught Raping Stray Dog in Karnataka, Arrested’ NDTV (14 December 2024) <https://www.ndtv.com/india-news/man-caught-raping-stray-dog-in-karnataka-arrested-7249159> accessed 24 December 2024
[2] ‘Pregnant Goat Gang Raped: Pregnant Goat Dies After Being Gang-Raped by 8 Men in Haryana’ The Economic Times (30 July 2018) <https://economictimes.indiatimes.com/news/politics-and-nation/pregnant-goat-dies-after-being-gang-raped-by-8-men-in-haryana/articleshow/65184376.cms?from=mdr> accessed 24 December 2024
[3] Erika Goyal, ‘Bulandshahr Teen Who Tortured Cat Now Detained for Abusing Variety of Other Animals and Involvement in Child Sexual Abuse after PETA India Intervention’ (PETA India, 08 October 2024) <https://www.petaindia.com/blog/bulandshahr-teen-who-tortured-cat-now-detained-for-abusing-variety-of-other-animals-and-for-involvement-in-child-sexual-abuse-after-peta-india-intervention/> accessed 24 December 2024
[4] ‘Bengal Monitor Lizard Allegedly Gang-Raped in Maharashtra Forest; Four Held’ The Hindu (14 April 2022) <https://www.thehindu.com/news/national/other-states/bengal-monitor-lizard-allegedly-gang-raped-in-maharashtra-forest-four-held/article65320182.ece> accessed 24 December 2024
[5] Dipaeeta Das, ‘Bengal Man Arrested for Raping Pregnant Cow, Sent to Jail’ India Today (31 August 2022) <https://www.indiatoday.in/crime/story/bengal-man-arrested-for-raping-pregnant-cow-sent-to-jail-1994742-2022-08-31> accessed 25 December 2024
[6] Indian Penal Code 1860, s 377
[7] Bharatiya Nyaya Sanhita 2023
[8] Anamika Gharat, ‘Mumbai Activists Struggle to File Animal Sexual Assault Cases under BNS’ Hindustan Times (04 July 2024) <https://www.hindustantimes.com/cities/mumbai-news/activists-struggle-to-file-cases-regarding-sexual-assault-of-animals-under-bns-101720033595245.html> accessed 25 December 2024
[9] Prevention of Cruelty to Animals Act 1960
[10] Shreya Paropkari, ‘The Prevention of Cruelty to Animals (Amendment) Bill, 2022: A Long-Awaited Reform’ (Bar and Bench, 23 July 2024) <https://www.barandbench.com/columns/the-prevention-of-cruelty-to-animals-amendment-bill-2022-a-long-awaited-reform> accessed 28 January 2025
[11] Animal Welfare Board of India v A. Nagaraja & Ors Cil App No 5387/2014
[12] Vaishnavi Parashar, ‘All about #NOMORE50, the Call to Amend the Animal Cruelty Act after 63 Years’ India Today (19 July 2023) <https://www.indiatoday.in/information/story/what-is-nomore50-2408660-2023-07-19> accessed 28 January 2025
[13] Geeta Seshamani v Union of India and Anr WP (C) No 440/2000
[14] Swati Gowri Shrikha Javvaji, ‘FIAPO Bemoans Lack of Species-Neutral Provisions in BNS Bill on Sexual Violence against Animals’ The Leaflet (09 December 2023) <https://theleaflet.in/criminal-justice/fiapo-bemoans-lack-of-species-neutral-provisions-in-bns-bill-on-sexual-violence-aginst-animals> accessed 24 December 2024
[15] Shreya Manocha, ‘Peta India Sounds Alarm against Failure of Revised BNS Bill to Criminalise Sexual Abuse of Animals – Blog’ (PETA India, 15 December 2023) <https://www.petaindia.com/blog/peta-india-sounds-alarm-against-failure-of-revised-bns-bill-to-criminalise-sexual-abuse-of-animals/#:~:text=The%20BNS%20is%20set%20to,affords%20animals%20the%20same%20protection.> accessed 24 December 2024
[16] Ritwik Bhonsle, ‘Breaking the Cycle: Tougher Animal Laws, Lesser Human Violence’ Deccan Herald (22 December 2024) <https://www.deccanherald.com/amp/story/opinion%2Fbreaking-the-cycle-tougher-animal-laws-lesser-human-violence-3286611> accessed 25 December 2024
[17] ‘Home: Treating Injured Animals in Rajasthan’ (TOLFA) <https://tolfacharity.org/> accessed 25 December 2024
[18] ‘Top 20 Animal Welfare Organizations in Delhi’ (Petofy) <https://petofy.com/delhi/pet-ngos> accessed 25 December 2024
