Forsaken by Law: India’s New Penal Code Leaves Animals Defenceless Against Sexual Violence

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“All animals are equal, but some animals are more equal than others.”
George Orwell’s famous words were satire. In today’s India, they are a cruel reality for stray animals who suffer in silence.

Recently, a horrifying video of a man raping a female stray dog went viral, sparking outrage online. Yet, beyond the outrage lies a harsher truth—our legal system no longer considers such acts a crime under the Bharatiya Nyaya Sanhita (BNS), 2023.


From Protection to Silence: The Legal Gap

For decades, Section 377 of the Indian Penal Code (IPC) criminalised bestiality, prescribing life imprisonment or up to 10 years in jail. Even after decriminalising consensual same-sex relations in the Navtej Singh Johar case (2018), the Supreme Court made it clear—bestiality remained a punishable offence.

But with the BNS taking effect on July 1, 2024, this protection has disappeared. The new law makes no mention of sexual violence against animals. In effect, bestiality is no longer a crime under India’s penal code.


The Weak Shield of PCA

What remains is the Prevention of Cruelty to Animals Act, 1960 (PCA). While it prohibits “torturing” animals, its penalties are a mockery of justice:

  • First offence → Fine of just ₹10–₹50
  • Repeat offence → Fine of ₹25–₹100 or 3 months’ jail

This means that in 2025, someone can rape an animal and walk away with a penalty smaller than a parking ticket.


The World Doesn’t Look Away

Across the globe, bestiality is treated as a grave crime:

  • Tanzania & Uganda: Life imprisonment
  • Kenya & Nigeria: 14 years in prison
  • Malaysia & Brunei: 20–30 years, plus fines and whipping
  • Nepal & Bhutan: Explicit provisions with jail terms and heavy fines

Even our neighbours—Pakistan, Bangladesh, Myanmar—still punish bestiality under laws derived from colonial Section 377. Shockingly, India is now the only country in the region without strong protections for animals against sexual violence.


Warnings Ignored, Voices Dismissed

Before passing the BNS, a Parliamentary Standing Committee (2023) specifically warned against deleting Section 377. It urged the government to retain protections against bestiality.

The warning was ignored. Later, when a PIL reached the Supreme Court seeking recognition of sexual crimes against animals, the bench refused, saying Parliament must act.

So here we are—caught in a dangerous silence, where cruelty thrives unchecked.


A Ray of Hope: PCA Amendment Bill 2022

There is a glimmer of change. The PCA Amendment Bill, 2022 proposes a new Section 11A, calling bestiality “Gruesome Cruelty.” Proposed punishments include:

  • Fine of ₹50,000–₹75,000
  • Imprisonment of 1–3 years
  • Or both

Better than before, but still far weaker than global standards. Importantly, it does not mandate both jail and fine together.


The Data Black Hole

To make matters worse, India has no official data on bestiality. The NCRB never recorded separate statistics—cases were buried under Section 377. Now, they’ll be lumped into “animal cruelty” under the PCA, further erasing visibility.

This raises critical questions:

  1. How can lawmakers act without data on the scale of the crime?
  2. How will future cases be tracked when they’re diluted into a vague cruelty category?

Without data, accountability disappears.


The Cost of Silence

Animals cannot speak. Their cries are not heard in courtrooms or Parliament. But society’s silence, combined with the state’s indifference, makes them easy prey.

India’s stray dogs, cats, and countless other animals already face neglect, abuse, and abandonment. Now, the law itself has turned away from them.


Call to Action

This is not just a legal gap—it’s a moral failure. Unless Parliament restores protections against bestiality and strengthens penalties under the PCA, India will continue to abandon its most vulnerable beings.

We must demand:

  • Reintroduction of explicit bestiality laws in the penal code
  • Stronger, mandatory punishments (fine + imprisonment)
  • Clear NCRB data on animal sexual abuse cases

Because justice should not depend on whether the victim walks on two legs or four.

It’s time to give the voiceless a voice—and the guilty, a punishment they truly deserve.

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