The process of amending the PCA Act has seen progress, relatively speaking. The latest draft amendment bill was published for public comments in November 2022. This amendment proposed the inclusion of some new definitions, most pertinently, of the term ‘gruesome cruelty’, for an act that would lead to mutilation or life-long disability or death. This provision is established via a new Section 11(A) and includes the offence of bestiality. Considering the overhaul of the criminal laws and the removal of Section 377 in the Indian Penal Code, this proposed amendment becomes all the more essential.
In comparison, the 1960 Act does not provide for a varying degree of cruelty, but under Section 11(1), it simply lays down certain actions and omissions that amount to cruelty and are punishable by a maximum fine of ₹50. The proposed amendment increases this fine to ₹1,000-₹2,500, whereas for a second offence, it is ₹2,500-₹5,000 or an imprisonment term of 6 months to 1 year, or both. Moreover, the amendment proposes the insertion of a new Section 11(4), directing the maintenance of a record of all cases registered under this Act at the district headquarters. With an overwhelming amount of research establishing the link between animal cruelty and human violence, it is crucial to include cases of animal cruelty in the crime statistics database. This will allow informed action and the development of preventative strategies towards a safer society. Not only are the penalties updated, but the provisions relating to ‘cruelty’ are made more specific and categorised according to the severity of the act. The amendment also provides for infrastructure such as the State Animal Welfare Boards and allow for effective implementation as identified by the Supreme Court in Geeta Seshmani v. Union of Indiaand Gauri Maulekhi v. Union of India.
Source: Barandbench
