The Prevention of Cruelty to Animals (Amendment) Bill, 2022: A long-awaited reform

“Do we believe in the fundamental principle that we must not get benefit for ourselves at all costs? Are we going to get benefits at all costs? Do we believe that the animals are our slaves? Do we believe that their feelings do not matter? That is the question that we have to answer for ourselves.”

This was the question Rukmani Devi Arundale, the first woman to be appointed to the Rajya Sabha, posed to Parliament over 60 years ago. This initiated the drafting and subsequent notification of The Prevention of Cruelty to Animals Act, 1960 [PCA Act] to replace the colonial Prevention of Cruelty to Animals Act, 1890.

No doubt, the PCA Act is a cornerstone of animal welfare legislation in India. It was a progressive law for its time when it was notified over six decades ago. This law conferred a statutory duty of care to persons who have charge or custody of animals, established institutions & bodies to enable implementation of the Act like the Animal Welfare Board of India (AWBI) and the Committee for the Purpose of Control & Supervision of Experiments on Animals (CPCSEA), created a framework of actions and omissions that amount to cruelty and provided for delegated legislation to carry forward its objective. It is important to acknowledge that the 1960 Act was enacted with the best of intentions, and it is equally important to acknowledge its many limitations. It prescribes penalties for cruelty that have been inadequate for at least two decades. It fails to address many contemporary issues in animal welfare.

Societal attitudes towards animals and the understanding of their welfare have evolved significantly since 1960. This advancement in animal welfare science, coupled with the experience from the application of the law, has informed the urgent overhaul of the Act. The call for amending this Act is not new; it has been persistent for over a decade. The first Draft Animal Welfare Bill was first presented by the legal sub-committee of the AWBI in May 2011, at a meeting conducted by the Animal Welfare Division of the Ministry of Environment Forest & Climate Change, the then nodal Ministry for the subject of prevention of animal cruelty. The finalised draft was then submitted by the Board to the Ministry in July 2011. This Bill was revised to further incorporate the directions & observations of the Supreme Court in the matter of Animal Welfare Board of India v. A Nagaraja & Ors, and submitted to the government in June 2014.

Non-profit organisations have been at the forefront of the campaign for amending the Act. No More 50, a campaign launched by Humane Society International/India and People for Animals in 2016, has since garnered massive support. From public representatives across party lines, eminent jurists and celebrities to the general public, all have cohesively supported the call to amend the Act and update the penalties. Particularly, the general public, increasingly aware of animal welfare through media and education, has shown overwhelming support for stronger animal protection laws.

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 absence of a corresponding provision to Section 377 IPC in the new Bharatiya Nyaya Sanhita (BNS), 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 India and Gauri Maulekhi v. Union of India.

Towards this draft, public consultation was held with various stakeholders, including animal welfare organisations and legal experts. It is evident that the 2022 draft amendment bill reflects the contemporary understanding of animal welfare, bridges the gaps in infrastructure and procedures necessary for effective implementation, and incorporates the relevant orders of the Supreme Court.

Despite widespread support and the completion of the necessary processes for the amendment, the Bill has yet to be tabled in Parliament. The delay is perplexing, given the consensus on the need for reform, but it is hoped that it will be introduced in Parliament soon. When the amended law is finally enacted, it is anticipated to bring about significant improvements in animal welfare. Stricter penalties for animal cruelty will serve as a stronger deterrent, and the new provisions will address many of the gaps in the current law. Effective implementation of the amended law, in letter and spirit, will not only improve the welfare of animals, but also benefit society at large.

Now it is time to confront our collective conscience and reflect on Arundale's poignant question. Do we believe that animals' well-being matters? Over six decades have passed since her words first echoed in Parliament, yet they remain profoundly relevant today. The Draft Prevention of Cruelty to Animals (Amendment) Bill, 2022, represents more than just legislative reform; it is a testament to our values of compassion and ahimsa; of our evolving understanding of animal welfare. By enacting and enforcing this long-awaited amendment, we will answer Arundale’s question with a resounding commitment to our constitutional values. It is through these actions that we affirm our belief in a society where the welfare of all beings is upheld, ensuring a more humane and ethical world.

Shreya Paropkari is a lawyer and legal consultant at Humane Society International/India.