5-year imprisonment for killing Animals; 3 for committing “gruesome cruelty”

5-year imprisonment for killing Animals; 3 for committing “gruesome cruelty”

As instances of animal cruelty in India witnesses a surge, the government decided to overhaul the Prevention of Cruelty to Animal Act-1960, coming up with 61 amendments in the six-decade-old law. The government included provision of three-year jail for committing “gruesome cruelty” and five-year imprisonment for killing an animal among others in the Draft Prevention of Cruelty to Animals (Amendment) Bill, 2022.

The public can comment on the draft Bill till December 7. Once the draft is final, the Bill could be brought either in the Winter Session or the Budget Session of Parliament. 

WHAT ARE THE PROPOSED AMENDMENTS?

Some of the important proposed amendments are as follows;

The draft includes bestiality’ as a crime under the new category of ‘gruesome cruelty’. “Bestiality” means any kind of sexual activity or intercourse between human being and animal. 

“Gruesome cruelty” means any act involving animals which led to extreme pain and suffering to the animals which is mostly likely to leave the animal in life long disability which Includes mutilation or killing of animal by the use of strychnine injection in the heart or any other cruel manner that is known to cause permanent physical damage to the animal or render animal useless or cause any injury which is likely to cause death including bestiality, animal fighting for the purpose of bating or promote or take part in any shooting match or competition wherein animals are released from the captivity for the purpose of such shooting.

Punishment for Gruesome Cruelty: A minimum fine of Rs 50,000 may be imposed and may be increased to Rs 75,000 by a judicial magistrate in consultation with the jurisdictional veterinarians, or the cost may be determined by the judicial magistrate whichever is more, or a maximum fine of one year that may be extended to three years.

Punishment for killing an Animal: A maximum 5-year imprisonment, along with a fine.

Five freedoms of animals: It shall be the duty of every person having charge of an animal to ensure that the animal in his care or under his charge has:

1. Freedom from thirst, hunger and malnutrition

2. Freedom from discomfort due to environment,

3. Freedom from pain, injury and diseases,

4. Freedom to express normal behaviour for the species.

5 Freedom from fear and distress.

Community Animals: In the case of community animals, the local government shall be responsible for their care. The draft proposals introduce the community animal as “any animal born in a community for which no ownership has been claimed excluding wild animals as defined under the Wildlife Protection Act, 1972.

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