Revamping Animal Welfare: The Need for an Updated Prevention of Cruelty to Animals Act

“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 poignant question was posed by Rukmani Devi Arundale, the first woman appointed to the Rajya Sabha, over 60 years ago. Her words initiated the drafting and subsequent notification of The Prevention of Cruelty to Animals Act, 1960 (PCA Act), replacing the colonial Prevention of Cruelty to Animals Act, 1890.

The PCA Act is a cornerstone of animal welfare legislation in India. Enacted over six decades ago, it conferred a statutory duty of care to those responsible for animals and established institutions like the Animal Welfare Board of India (AWBI) and the Committee for the Purpose of Control & Supervision of Experiments on Animals (CPCSEA).

However, despite its progressive nature for its time, the Act's penalties for cruelty have been inadequate for at least two decades, failing to address contemporary issues in animal welfare. Societal attitudes towards animals and the understanding of their welfare have evolved significantly since 1960. The advancement in animal welfare science, coupled with the experience from the application of the law, has informed the urgent need for an overhaul of the Act. The call for amending this Act has been persistent for over a decade.

The first Draft Animal Welfare Bill was presented by the AWBI in May 2011, revised in June 2014, incorporating Supreme Court directions in Animal Welfare Board of India v. A Nagaraja & Ors.

Non-profit organizations have led the campaign for amending the Act. The "No More 50" campaign, launched by Humane Society International/India and People for Animals in 2016, has garnered massive support from public representatives, eminent jurists, celebrities, and the general public. Increased public awareness through media and education has strengthened the call for stronger animal protection laws.

The amendment process saw progress with the latest draft amendment bill published for public comments in November 2022. This amendment proposed new definitions, including “gruesome cruelty” an act leading to mutilation, life-long disability, or death, and included the offense of bestiality. The proposed fines were increased to ₹1,000-₹2,500 for a first offense and ₹2,500-₹5,000 or an imprisonment term of 6 months to 1 year for a second offense. It also suggested maintaining a record of all cases registered under this Act at district headquarters, highlighting the link between animal cruelty and human violence.

Despite widespread support and completion of the necessary processes, the Bill has yet to be tabled in Parliament. The delay is perplexing, given the consensus on the need for reform. The amended law is anticipated to bring significant improvements in animal welfare, with stricter penalties serving as a stronger deterrent and addressing gaps in the current law.

It is time to reflect on Arundale's question. Do we believe that animals' well-being matters? The Draft Prevention of Cruelty to Animals (Amendment) Bill, 2022, represents a commitment to compassion and ahimsa. By enacting and enforcing this amendment, we affirm our constitutional values, ensuring a more humane and ethical society.

Author: Anushka Taraniya
News Writer