“The idea of Humanity is no longer confined to man; it is beginning to extend itself to the lower animals, as in the past it has been gradually extended to savages and slaves” – Henry S. Salt.
INTRODUCTION:
One must have seen people shooting birds, hurting stray dogs and leaving harmless and innocent animals to famishment and demise or seen organizations wrongfully testing their products on animals, animals being abused in zoos, circus or parks for amusement and thought about whether there is an end to this merciless routine. Recurring attacks on animals in an inhumane way only proves the fact that the already difficult to define term humanity seems very difficult to follow as well.
A nationwide atrocity was caused after a pregnant elephant in Kerala died as a result of consuming a fruit-laden with explosive. As per the autopsy, the animal suffered for two weeks before succumbing to death while being pregnant and even in such a state of misery she did not harm or damage any property or attacked any person. It has been referred to as a premeditated murder by some, but for many, it is just a common practice to protect their fields against wild animals, especially boars.
The issue is not whether this alleged incident was a murder or an accident : It is much greater and serious than that. The question is whether these kinds of practices are lawful under Indian law. This is not the first time animals have been treated with cruelty in India.
BESTIALITY: A HEINOUS CRIME
Amongst various cruelties against animals, the heinous crime of bestiality is increasing at an alarming rate. Under Section 377 of Indian Penal Code, whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
The Supreme Court of India delivered a remarkable verdict and decriminalized homosexuality. However, the section that criminalized homosexuality has an important aspect of it. Bestiality refers to sexual intercourse between a person and an animal and it is a crime under Section 377 of the Indian Penal Code. The apex court had upheld that the law will stand on the statute book to deal with unnatural sexual offences against animals such as bestiality. However, most people including the police are unaware or ignorant about this.
There have been many instances of bestiality over the years. In August 2017, a man was accused of raping a female puppy to death in Delhi. Not only did the accused, Naresh Kumar boast about the incident to an animal lover, he also led him to the carcass. On July 26, 2018, a pregnant goat was reportedly gang-raped by eight men in Haryana. It was allegedly stolen, thrashed and raped by the accused.
It succumbed to the trauma and died. Reportedly, one of the accused met the owner of the goat and admitted that he had raped her and even said that he had a nice time. Recently, in July 2020, a cow was allegedly raped by a 55 year old man in Bhopal. While these cases of extreme brutality are on the rise, there is an acute dearth of laws to shield animals from cases of sexual abuse giving the immoral and psychopaths the conviction to escape from the law.
JUDICIARY’S ATTITUDE AND APPROACH TOWARDS THE ANIMAL CRUELTY
The judgments given by the Hon’ble Courts over a decade in the field of animal protection show the scope, emergence & importance of environmental law in the current scenario. The judiciary has also raised the issue of the lack of role of the legislature in contributing in the enactment of new rules and regulations and modification in the current scenario is a matter of concern.
In Animal Welfare Board of India v. A. Nagaraja & Ors the Supreme Court held that animals too have the right to live with honour and dignity. Karnail Singh and Ors. vs. State of Haryana is revolutionary judgment in which the judiciary took the matter of animal rights in the extent of Fundamental Rights.
The judgment goes beyond the question of the wellbeing of cows as focused in the case but also talks about all animals, birds and aquatic species as well. Justice Rajiv Sharma mentions in his judgment The entire animal kingdom including avian and aquatic are declared as legal entities having a distinct persona with corresponding rights, duties and liabilities of a living person. All the citizens throughout the State of Haryana are hereby declared persons in loco parentis as the human face for the welfare/protection of animals.
The doctrine of parens patriae which states the duty of the state to provide protection for those who are unable to protect themselves which was earlier limited to humans, has now also included non-humans in the range of this doctrine.
LEGISLATIONS IN INDIA FOR PROTECTING ANIMAL AGAINST CRUELTY:
India has several legislations in place to prevent and punish animal cruelty. Some of the key legislations are:
- Prevention of Cruelty to Animals Act, 1960: This Act provides for the prevention of cruelty to animals and prescribes punishments for offences related to animal cruelty. It also establishes the Animal Welfare Board of India to advise the government on animal welfare issues.
- Wildlife Protection Act, 1972: This Act provides for the protection of wild animals and plants and regulates hunting, poaching, and trade in wildlife.
- The Indian Penal Code, 1860: The Indian Penal Code (IPC) has several provisions that deal with animal cruelty. Section 428 and 429 of the IPC make it an offence to kill, maim, or cause injury to animals.
- Transport of Animals Rules, 1978: These rules provide guidelines for the transportation of animals to ensure their welfare during transport.
- Performing Animals (Registration) Rules, 2001: These rules regulate the use of animals in performances and prescribe conditions for their registration.
- Prevention of Cruelty to Animals (Slaughter House) Rules, 2001: These rules regulate the slaughter of animals in slaughterhouses and prescribe conditions for their humane treatment.
- Cow Slaughter Prevention Laws: Several Indian states have laws that prohibit or regulate the slaughter of cows, which are considered sacred in Hinduism.
It is important to note that these legislations are not always strictly enforced, and incidents of animal cruelty still occur in India. However, there is a growing awareness of animal welfare issues in India, and many individuals and organizations are working towards the protection and welfare of animals.
From here onwards there will be a Q&A part where I will be answering questions asked to overcome this situation of animal cruelty vis-à-vis animal rape. The questions are as follows :
- Are animals not safe in India?
Animal rape, also known as bestiality or zoophilia, is a criminal offense in India and is punishable under the Indian Penal Code. The laws in India also provide protection to animals from cruelty and mistreatment.
While incidents of animal rape do occur in India, it is important to note that they are relatively rare, and most people in India respect and care for animals. In fact, India has a rich tradition of animal welfare, and animals hold a special place in Indian culture.
The Indian government has also taken steps to protect animals, including the enactment of the Prevention of Cruelty to Animals Act, 1960, which provides for the prevention of cruelty to animals and punishment for those who engage in such acts.
However, like any country, India is not immune to cases of animal abuse, including sexual abuse. It is important for law enforcement agencies to enforce the laws protecting animals and for citizens to report any incidents of animal cruelty or abuse. Ultimately, the safety of animals in India, as in any country, depends on the collective effort of individuals, organizations, and the government to protect and care for them.
- What are your views on cases of animal cruelty especially animal rape, where a human being is caught raping an innocent animal?
In India, bestiality or the act of engaging in sexual activity with an animal is considered a criminal offense. Depending on the jurisdiction, it may be classified as a misdemeanor or felony, and the penalties may include fines, imprisonment, or both.
If a person is caught raping an innocent animal, they could face charges of animal cruelty or animal sexual abuse. The severity of the charges and the associated penalties will depend on the circumstances of the case, including the nature and extent of the harm inflicted on the animal.
It’s also worth noting that some states and countries have enacted laws specifically addressing animal sexual abuse, such as laws that prohibit the creation, distribution, or possession of “animal pornography” depicting sexual acts with animals.
In summary, a lawyer would likely view such an act as a serious crime that violates animal welfare laws and may result in significant legal consequences for the perpetrator.
- What steps should be taken to overcome problem of animal cruelty ?
Animal rape, or bestiality, is a serious issue that requires a multi-faceted approach to address. Here are some steps that can be taken to overcome this problem:
- Strengthen and enforce animal welfare laws: Governments should strengthen animal welfare laws and ensure that they are effectively enforced. This will create a deterrent effect and hold offenders accountable for their actions.
- Increase public awareness and education: Raising awareness and educating the public about animal welfare and the legal consequences of animal abuse can help prevent incidents of animal rape. This can be done through school programs, community events, and social media campaigns.
- Promote responsible pet ownership: Encouraging responsible pet ownership can help prevent incidents of animal abuse. This includes providing adequate food, water, shelter, and medical care for pets.
- Provide resources for reporting animal abuse: Governments and animal welfare organizations should provide resources for reporting animal abuse, including hotlines and online reporting mechanisms. This will enable people to report incidents of animal rape and other forms of animal cruelty safely and anonymously.
- Provide support for animal victims: Victims of animal abuse, including animals that have been raped, need support and care. Governments and animal welfare organizations should provide resources for the rescue, rehabilitation, and rehoming of animal victims.
- Address the root causes of animal rape: Addressing the root causes of animal rape, such as mental health issues or a lack of empathy, can help prevent these incidents from occurring. This may involve providing mental health resources and education programs on empathy and compassion.
It is important to note that addressing the problem of animal rape requires a coordinated effort between governments, animal welfare organizations, and the general public. By working together, we can create a safer and more compassionate world for animals.
- What are major reasons due to which the animal cruelty takes place ?
The reasons behind animal rape are complex and often involve a combination of factors. Some of the possible reasons behind animal rape are:
- Mental health issues: Some individuals who engage in animal rape may have underlying mental health issues, such as a personality disorder or a paraphilic disorder.
- Lack of awareness: There is still a lack of awareness about animal welfare and animal rights, especially in rural areas. This can lead to incidents of animal rape and other forms of animal abuse.
- Sexual deviance: Some individuals may engage in animal rape because they have a sexual attraction to animals, a condition known as zoophilia.
- Lack of empathy: Some individuals who engage in animal rape may lack empathy and the ability to understand or care about the suffering of animals.
- Power and control: Some individuals may engage in animal rape as a way to exert power and control over another living being.
- Cultural or religious beliefs: In some cultures or religions, sexual activity with animals may be seen as acceptable or even encouraged.
It is pertinent to see that regardless of the reasons behind animal rape, it is a criminal offense and a form of animal abuse that causes significant harm to animals. It is essential to prevent and punish such acts to ensure the safety and well-being of animals.
- How a lawyer should see these type of cases ?
Cases of animal cruelty are seen by a lawyer as a violation of animal welfare laws and a serious legal offense. Animal cruelty is considered a social problem that affects not only animals but also human society. As such, a lawyer would view animal cruelty as a breach of ethical and moral standards and a violation of the law.
A lawyer’s role in cases of animal cruelty would be to ensure that the offender is held accountable for their actions and that justice is served. This may involve representing the victim animal or advocating for their rights and interests. The lawyer may also work with animal welfare organizations and law enforcement agencies to investigate and prosecute cases of animal cruelty.
In some cases, a lawyer may also work to prevent animal cruelty from occurring in the first place by advocating for stronger animal welfare laws and promoting education and awareness about animal welfare issues.
Overall, a lawyer would view cases of animal cruelty as a serious legal issue that requires a strong legal response and a commitment to protecting the welfare of animals with the help of either existing laws and by making suggestions for the same.
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ARTICLE WRITTEN BY ABHINAV CHATURVEDI