Another Case Of Brutality, Puppy Pushed Off High Rise Building In Greater Noida, Why Animal Cruelty In India Continues To Be Unaddressed?

In a disturbing incident, a month-old puppy was pushed off a high-rise building by a minor boy in Greater Noida recently. In an FIR launched by a volunteer of the NGO People For Animals (PFA), more unsettling details came out. The boy allegedly committed the act under the supervision of an adult. He picked up the puppy from a bush and threw it off the building.

Watch the unsettling video here (viewer discretion is advised):

बच्चे ने एक पिल्ले को गोद में उठाया और नीचे फेंक दिया। Video ग्रेटर नोएडा में 14 एवेन्यू गौर सिटी-2 की है। नोएडा-गाजियाबाद की सोसाइटीज में आजकल स्ट्रीट डॉग्स को लेकर गृहयुद्ध जैसे हालात बने हुए हैं। pic.twitter.com/iU7PCTTwuZ

— Sachin Gupta (@SachinGuptaUP) February 2, 2024

A report by Free Press Journal suggests that days before this heinous act, a person from the society intentionally crushed a puppy under the vehicle. Another one was found dead in suspicious circumstances as per the report. A PFA volunteer confirmed the society runs a WhatsApp group where the members had been sharing their hate towards stray dogs in the area. Kids emulate the attitude of their elders and unfortunately, the influence in this case led to this devastating crime.

A few days back, six puppies were found murdered in Delhi's Mayur Vihar. According to a report by Times Now News, one of them was beheaded and others were abused to an extent where their jaws were crushed, tongues cut, and more. An FIR was filed on discovering the bodies of the puppies under section 11L of the Prevention of Cruelty to Animals Act 1960. Unfortunately, the fine under Indian law even for such brutal cases ranged between ₹10 to ₹50.

Last year, a stray dog was beaten to death by a group of people in Delhi's Karol Bagh. The horrifying video from the incident stirred up the incident. Delhi Commission For Women Chief Swati Maliwal demanded strict action against the perpetrators. However, it seems like little do the animal abusers fear the country's animal laws.

Why despite having laws protecting animal cruelty in place, are cases of animal abuse increasing in the country? To get clarity on the legal aspect of the situation, we spoke to Siddharth Chandrashekhar, Advocate & Counsel at the Bombay High Court, Mumbai.

Which Law Protects Animal Cruelty In India?

"The Prevention of Cruelty to Animals Act, of 1960, is the primary legislation addressing animal cruelty. It deals with various offenses and penalties related to mistreatment of animals," observed the legal expert. 

The act states different variants of cruelty to animals under Section 11:

• Beating, kicking, overriding, overloading, torturing, and causing unnecessary pain to any animal.
• Using an old or injured or unfit animal for work (the punishment applies to the owner as well as the user).
• Administering an injurious drug/medicine to any animal.
• Carrying an animal in any vehicle in a way that causes it pain and discomfort.
• Keeping any animal in a cage where it doesn’t have a reasonable opportunity for movement.
• Keeping an animal on an unreasonably heavy or short chain for an unreasonable time.
• Keeping an animal in total and habitual confinement with no reasonable opportunity to exercise.

Penalities Under Indian Law

"Offences under section 428 of the IPC shall be punished with imprisonment of either description for a term which may extend to two years, or with a fine, or with both," said Chandrashekhar. Perpetrators are punished with imprisonment of either description for a term which may extend to five years, or with a fine, or with both for offences under section 429 of the IPC.

"Offences under section 11 of the Prevention of Cruelty to Animals Act (PCA) are punishable,[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," he added.

• Being an owner fails to provide the animal with sufficient food, drink, or shelter.
• Abandoning an animal without reasonable cause.
• Willfully permitting an owned animal to roam on streets or leaving it on the streets to die of disease, old age, or disability.
• Offering for sale an animal that is suffering pain due to mutilation, starvation, thirst, overcrowding, or other ill-treatment.
• Mutilating or killing animals through cruel manners such as using strychnine injections.
• Using an animal as bait for another animal solely for entertainment.
• Organizing, keeping, using, or managing any place for animal fighting.
• Shooting an animal when it is released from captivity for such purpose.

Animal Cruelty Laws And The Challenges

Even though there is an act that protects animal cruelty in India, the penalties under the country's law aren't stringent enough to prevent the offenders from committing crimes against animals. However, that's not the only challenge. Other factors that hamper the country's law effectiveness include the following:

• Limited manpower makes many animal cruelty cases in the country go unreported. Our legal expert, Siddharth Chandrashekhar said, "Law enforcement agencies tend to prioritize other issues (directly affecting or involving offences against human beings) over animal welfare."
• The public isn't aware of animal rights and legal provisions in general which becomes another hesitant factor for people reporting animal cruelty cases. 
• The current act primarily focuses on the prevention of cruelty and does not cover all aspects of animal welfare comprehensively.
• Legal proceedings in the country are time-consuming. Due to the current functioning of the judicial system, justice is delayed in most cases.

Need Of The Hour

To prevent animal cruelty in India, there's a dire need for some legal developments and our legal expert suggested how the timely introduction of some policies can serve as an effective deterrent against animal cruelty.

• Stricter penalties for perpetrators 
• Specialised animal cruelty units
• Clear definitions of animal cruelty under the law
• A comprehensive legislation covering all aspects of animal cruelty 
• More awareness campaigns to educate people about animal welfare laws
• Training law enforcement personnel on recognising and handling cases of animal cruelty
• Establishing a national authority or strengthening the existing Animal Welfare Board of India 
• Introducing technology for improved reporting and monitoring of animal cruelty cases
• Implementing mechanisms to protect whistleblowers who report cases of animal cruelty, ensuring that individuals feel safe coming forward with information

How Can You Help?

A lot of us want to help combat animal cruelty around us, however, not many of us are aware of the fundamentals, for instance, how to report an animal cruelty case.

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"If you have witnessed animal cruelty, you can report the incident to the local police station. Your complaint should include all details of the incident, evidence, and information about the suspected offender (if available, although not mandatory). The legal process includes presenting the evidence, witness testimonies, and arguments from both the parties - prosecution and defense," said legal expert Siddharth Chandrashekhar.

The Psychological Aspect

The involvement of children in some recent cases of animal cruelty is concerning. We spoke to Ms Divya Mohindroo, Founder, Embrace Imperfections and Counselling Psychologist to understand the psychological aspect of such emerging issues. 

Children who are animal abusers may be repeating lessons that they learned or practiced at home; often abuse themselves, and they subsequently react to anger or frustration with violence. 

"Their violence is often directed at animals because they are the only ones in the surroundings who are more vulnerable than themselves. There are definite connections between animal abuse, domestic violence, and child abuse. Acts of cruelty to animals are not mere indications of a minor personality flaw in the abuser; they are symptomatic of a deep mental disturbance."

She added that some researchers suggest the causes behind children indulging in animal cruelty. 

• Peer pressure (for instance, peers may encourage animal abuse)
• Mood enhancement (for some children, animal abuse is a means to relieve depression)
• Forced abuse (where a child is forced into animal abuse by a powerful individual)
• Animal phobias (this is caused by a preemptive attack on a feared animal)
• Imitation (copying a parent's or other adult's abusive behaviour towards animals)
• Rehearsal for interpersonal violence (practicing violence on stray animals or pets before engaging in violent acts against other people)

What Should Parents Do?

The counselling psychologist stressed how communities must recognise that abuse of any living beings is unacceptable and endangers everyone. Children should be taught to care for and respect animals. “Those charged with protecting our communities and animals must send a strong message that violence against any feeling creature—human or nonhuman—is unacceptable. Take such actions by children seriously and any incident of animal cruelty by a child should not be neglected. Speak to the child and their parents and ask them to consult a psychologist,” she added.

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How To Do Your Bit?

Not just legislative measures or public awareness, to prevent animal cruelty, we need to do our bit too.

Read more about animal welfare laws in the country. Keep yourself updated about any amendments to these laws. 

• If you witness animal cruelty, report it immediately.
• Be a part of programs that promote humane education, and support these in whatever capacity you can. 
• Volunteer at animal welfare organisations, donate or contribute to local animal shelters
• Lead by example, and treat animals with compassion and responsibility. 
• Teach your children and other members of your family and friend circle to be empathetic and compassionate towards animals.

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