SUBJECT: HUMBLE APPEAL TO AMEND THE PROVISIONS OF SECTIONS UNDER THE PREVENTION OF CRUELTY TO ANIMALS ACT, 1960 AS WELL AS INDIAN PENAL CODE, 1860 FOR STRICTER PENALTIES.

Hon’ble Sir(s),

1. The Prevention of Cruelty to Animals Act, 1960 was enacted to replace a colonial legislation and sought to prevent infliction of unnecessary pain and suffering on animals. However, quantum of punishment i.e. the penalties, has not been reviewed even once in the six decades of the Act’s existence. Any and all action, from beating and kicking an animal, to killing it, from inciting animal fights to using animals as shooting targets, all actions are punishable with a penalty of a maximum of only Rs. 50/- (Rupees Fifty only).

2. Furthermore, none of these actions amounting to animal cruelty, as recognized under section 11(1) of the Act, are cognizable except an offence punishable under clause (l); clause (n) or clause (o) of sub-section (1) of Section 11 or Under Section 12 of the said act. It is also further stated that the offences committed under the provisions of Section 428 and 429 of the Indian Penal Code, 1860 are also bailable.

3. The unreasonably low penalties and the failure to recognize animal cruelty to be Cognizable Offences by default defeat the purpose of the Act.

4.  As a Hon’ble Prime Minister of India/ Minister of Environment, Forest and Climate Change, Government of India as well as also an Animal Lover, I humbly request you to propose an amendment to the PCA Act, 1960 seeking:

a.    Revision of penalty such that the penalties prescribed are inflation corrected.

b.    Inclusion of Section 11(1)(a) to 11(1)(o), Section 38 and Section 31 of the Act which recognizes the Cognizability of offences under the Act.

c.     It is stated that Cognizability of offences ―Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (5 of 1898), an offence punishable under clause (l), clause (n) or clause (o) of sub-section (1) of section 11 or under section 12 shall be a cognizable offence within the meaning of that Code rest clauses are non-cognizable even if it causes grievous hurt to the mute animals.

d.    Current scenario for the offences punishable under the provisions of Section 11 of the Prevention of Cruelty to Animals Act, 1960 is: “in the case of a first offence, with fine which shall not be less than ten rupees but which may extend to fifty rupees and in the case of a second or subsequent offence committed within three years of the previous offence, with fine which shall not be less than twenty-five rupees but which may extend to one hundred rupees or with imprisonment for a term which may extend to three months, or with both.”

e.     It is humble request indeed to first of all make the said Sections for animal cruelty as cognizable, as well as higher penalty and quantum of sentence be imposed.

f.      PROPOSAL TO AMEND PUNISHMENTS UNDER THE PROVISIONS OF SECTION 11 OF THE PCA, ACT, 1960:

“IN THE CASE OF A FIRST OFFENCE, WITH FINE WHICH SHALL NOT BE LESS THAN TWENTY FIVE THOUSAND RUPEES BUT WHICH MAY EXTEND TO FIFTY THOUSAND RUPEES AND IN THE CASE OF A SECOND OR SUBSEQUENT OFFENCE COMMITTED WITHIN THREE YEARS OF THE PREVIOUS OFFENCE, WITH FINE WHICH SHALL NOT BE LESS THAN FIFTY THOUSAND RUPEES BUT WHICH MAY EXTEND TO SEVENTY FIVE THOUSAND RUPEES OR WITH IMPRISONMENT FOR A TERM WHICH MAY EXTEND TO FIVE YEARS, OR WITH BOTH.”

5. Proposal to amend punishments under the provisions of Section 428 and 429 of the Indian Penal Code,1860:

“the offences under the provisions of Section 428 and 429 of the Indian Penal Code to be made ‘NON-BAILABLE” instead of Bailable.

6. I am certain that such a proposition in the Parliament will be supported by an overwhelming majority. I look forward for your necessary action.

7. There is also one suggestion that it would be very much grateful that there would be a separate judicial body to be formed or set up with regard to the matters dealing with cruelty against innocent mute animals. As the laws regarding the animal cruelty is barely been known to the people and also even the Police personnels’ are hardly aware of the said animal laws. 

8. It is therefore a humble request to kindly do the needful at the earliest for the betterment of the mute animals which are being degraded day-by-day and also the cruelty with regards to the animals are increasing alarmingly at a very high rate.

RECENT INCIDENTS:

A. A pregnant wild elephant in Kerala’s Silent Valley Forest fell victim to an act of human cruelty after a pineapple filled with powerful crackers offered by a man exploded in her mouth and died dated 27/05/2020.

B. A dog name Bruno was beaten to death by the two juveniles and a youth at Adimalathura dated 02/07/2021. The dog, tied by its neck to the hook of a boat's fishing bait, being beaten with heavy sticks by three persons.

C. One of the dog beaten, dragged and thrown from terrace in Ludhiana dated 04/02/2020.

D. Two booked for beating stray dog to death in Ludhiana dated 07/04/2021.

9.  There are so many such uncountable cases where the animals are being brutally killed to death, tortured, harmed, harassed and murdered all over India because there are as such no stringent laws which can save animals from being killed, tortured, harassed, etc.

10. Majority of the People are treating animals as just the products. I humbly request you that it is actually the high time to take this matter into consideration on Top Priority basis for the betterment of mute innocent animals.

11. Animals can’t speak doesn’t means that anybody can kill them or play with their emotions. There is a great saying that “THE GREATNESS OF A NATION CAN BE JUDGED BY THE WAY ITS ANIMALS ARE TREATED.”

And

Also it is stated in the BHAGAVAT GITA- (9.29) BY THE LORD SHREE KRISHNA, THAT, “I LOOK UPON ALL CREATURES EQUALLY, NONE ARE LESS DEAR TO ME AND NONE MORE DEAR”. Our Indian tradition has instinctively taught us to love and respect all animals as we would love and respect humans. Humans and animals are not mutually exclusive categories. To respect animal life is not considered to be exotic, religious or unreasonable anymore.

Thanking You,

Yours Truly,

         ---SD/---

_________________

HEMAL R. PATEL

    (ADVOCATE)

CONTACT: 9664555905

EMAIL ID: hemalpatel2506@gmail.com