Draft Prevention of Cruelty to Animal (Amendment) Bill, 2022

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Key features:

1. “Bestiality” ( means any kind of sexual activity or intercourse between human being and animal ) is criminal offence under this amendment.

2. “Gruesome cruelty” means any act involving animals which led to extreme pain and suffering to the animals which is mostly likely to leave the animal in life long disability which Includes mutilation or killing of animal by the use of strychnine injection in the heart or any other cruel manner that is known to cause permanent physical damage to the animal or render animal useless or cause any injury which is likely to cause death including bestiality, animal fighting for the purpose of bating or promote or take part in any shooting match or competition wherein animals are released from the captivity for the purpose of such shooting.

3. “Community Animals”: means any animal born in a community for which no ownership has been claimed by any individual or an organization, excluding wild animals as defined under the wildlife Protection Act, 1972

One of the important features it defines Five freedoms of animals.

Five freedoms of animals: It shall be the duty of every person having charge of an animal to ensure that the animal in his care or under his charge has: 

1. Freedom from thirst, hunger and malnutrition 

2. Freedom from discomfort due to environment, 

3. Freedom from pain, injury and diseases, 

4. Freedom to express normal behavior for the species. 

5 Freedom from fear and distress. 

Provided that in case of a community animal, the local government such as municipality or panchayets shall be responsible for taking care of the community animals in a manner developed by the State Government or by the Board.

REvised punishment for cuelty to Animals:

28. In the principal Act, 1960, in section 11, in sub-section 

(1), in the long line,— 

(i) For the words “shall not be less than ten rupees but which may extend to fifty rupees”, the words “shall not be less than one thousand rupees per animal but which may extend to two thousand five hundred rupees per animal” shall be substituted; 

(ii) For the words “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”, the words “shall not be less than two thousand five hundred rupees per animal but which may extend to five thousand rupees with imprisonment for the minimum term of 6 months which may be extended to 1 year, or with both” shall be substituted. 

After the subsection (3) new subsection (4) at section 11 may be inserted namely: The investigating officer shall report each case registered under this act to the district police headquarters where due records shall be maintained in the district police headquarter which shall be shared with the State Animal Welfare Board. Also, such information is to be provided to the Animal Welfare Board of India by the State Board on request.

33. Gruesome Cruelty: Whoever, whether an individual or group of individuals or an organization- 

(i) has carnal intercourse against the order of nature with any animal 

(ii) causes permanent damage to any part of the body of an animal or commits an act of mutilation that causes permanent or lifelong damage to the animal or renders the animal useless 

(iii) causes any injury which is likely to cause death or lifelong physical deformity to the animal 

(iv) incites any animal to fight or bait any other animal 

(v) organises, keeps, uses or acts in the management of, any place for animal fighting or for the purpose of baiting any animal or permits or offers any place to be so used or receives money for the admission of any other person to any place kept or used for any such purposes; 

(vi) promotes or takes part in any shooting match or competition wherein animals are released from the captivity for the purpose of such shooting. 

Shall be punishable with a minimum fine of fifty thousand rupees which may be extended up to seventy-five thousand rupees or the cost of the animal as may be decided by judicial magistrate in consultation with the jurisdictional veterinarians whichever is more or with the imprisonment of one year which may extend up to three years or with both.

https://dahd.nic.in/sites/default/filess/Public%20notice-Draft%20PCA%20bill-2022.pdf

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