Rising cruelty towards animals

Embracing empathy and strengthening laws against animal cruelty in Assam are vital for protecting their dignity

Update: 2024-12-11 13:35 GMT

AT Photo: Man mercilessly beat pet dog in Guwahati

India, renowned for its deep-rooted traditions and values, has always maintained a profound reverence for animals. The majority of India's religions emphasize coexistence and compassion toward all living beings. Sacred scriptures and festivals uphold the principle of ahimsa (nonviolence) as a cornerstone of ethical living. Animals, often seen as divine manifestations, hold a crucial place in India's cultural and ecological fabric.

This spiritual ethos is reflected in India's constitutional framework. Articles 21, 48A, 51A(g), and 243G collectively underscore the nation's commitment to animal welfare. Article 48A directs the state to safeguard forests and wildlife, while Article 51A(g) imposes a moral duty on citizens to show compassion for all living creatures. Despite these principles, the reality on the ground paints a grim picture of neglect and abuse.

Between 2010 and 2020, over 5,00,000 cases of animal cruelty were reported in India, according to data from the Federation of Indian Animal Protection Organisations (FIAPO) and All Creatures Great and Small (ACGS). This alarming figure underscores a growing indifference to animal welfare. Assam, a State celebrated for its biodiversity, has witnessed a worrying rise in such incidents. In 2024 alone, more than 45 cases of animal cruelty were documented, highlighting the pressing need for legal reforms. Despite commendable efforts by NGOs and activists, the current framework remains inadequate, leaving animals vulnerable to abuse.

Recent incidents of animal cruelty in Assam illustrate the severity of the problem. In Guwahati earlier this month, a female stray dog was brutally killed by four individuals with sticks. When rescuers intervened, they were attacked by the perpetrators. Despite public outrage, the culprits walked free due to ineffective laws. In Doomdooma this month, a pregnant dog scavenging for food was mercilessly killed by a meat shop worker. Public pressure led to the perpetrator's arrest, but the incident exposed systemic failures in protecting animals. Last month, 19 dogs, packed in sacks and intended for the illegal dog meat trade, were rescued by police in Mangaldai. Swift action resulted in four arrests. Similarly, in Guwahati last month, a man was caught on video beating his pet dog with an iron rod. The video went viral, leading to the dog's rescue and legal action against the abuser. In another incident, a female stray dog was killed in Nagaon for eating chickens.

Heartbreaking images of its puppies sparked widespread condemnation. In Tezpur in March this year, a youth stabbed a puppy and paraded its lifeless body through the streets, highlighting increasing violent tendencies toward animals. Furthermore, despite being legally prohibited, buffalo fights in Nagaon continue as public spectacles, with videos showing animals being forced into brutal confrontations.

Moreover, sexual violence against animals remains underreported and is a deeply concerning issue. Research shows a link between animal abuse and subsequent violence toward humans, emphasizing the need for immediate legal intervention.

India's primary animal welfare legislation, the Prevention of Cruelty to Animals (PCA) Act, 1960, was progressive for its time but is now severely outdated. The penalties for cruelty are negligible, ranging from Rs 10 to Rs 100 for first-time offenders. Even for repeat offences, the maximum punishment is three months of imprisonment. This leniency fails to act as a deterrent. Moreover, most offences under the Act are classified as non-cognizable and bailable, allowing offenders to evade strict scrutiny.

The Bharatiya Nyaya Sanhita (BNS) Act, 2023, introduced some positive provisions addressing cruelty towards animals. However, it failed to reinstate protections against unnatural offences toward animals, previously covered under Section 377 of the Indian Penal Code. This omission leaves a critical gap in addressing heinous acts of sexual violence against animals.

Many countries have established robust legal frameworks for animal protection, offering valuable lessons for India. Switzerland recognizes animals as sentient beings and imposes strict penalties, including imprisonment, for cruelty. In the US, the Preventing Animal Cruelty and Torture Act criminalizes animal abuse with penalties of up to seven years in prison, while in Sweden, the Animal Welfare Act, 2018, emphasizes animals' rights to live with dignity and mandates regular inspections to ensure compliance while also focusing on outreach programmes.

Addressing the rising cruelty against animals in Assam requires a comprehensive and multifaceted approach. The Assam government should urge the central government to amend the PCA Act, 1960, citing the State's rising animal cruelty cases. Assam MPs must advocate for the PCA Amendment Bill, 2022, to enforce stricter measures against animal cruelty and bestiality.

Documenting animal crimes can guide policymakers and law enforcement in creating effective laws and reforms for animal welfare. Agencies should be equipped with Al tools, CCTVs, and tracking systems to monitor animal cruelty. Fast-track reporting mechanisms and independent bodies should be established to ensure prompt action.

Collaboration with religious leaders is another effective method to promote nonviolent alternatives to traditional practices involving animals. Animal welfare education should also be incorporated into school curricula to foster empathy among the younger generation.

Funding for animal shelters, medical facilities, and rescue operations should also be increased. Community volunteers should be trained to support NGOs and build grassroots networks for animal welfare.

Veterinary services should be expanded by organizing free rabies vaccination campaigns in urban and rural areas. There should be enhanced transparency and execution of the Animal Birth Control (ABC) programmes to manage stray populations effectively.

Workshops should be conducted periodically for legal professionals to deepen their understanding of animal protection laws.

Assam has the potential to lead the way in animal welfare by adopting global best practices and strengthening its legal framework.

Protecting animals is not only a Constitutional duty but also a moral imperative. Landmark judgements like Animal Welfare Board of India vs A Nagaraja (2014) and Karnail Singh vs State of Haryana (2004) reaffirm the need to treat animals with dignity and compassion. By prioritizing legal reforms, public awareness, and technological advancements, Assam can pave the way for a humane and just society. The time for action is now. Assam's animals deserve no less than a compassionate and protective environment.

- By Noyonika Gogoi

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