The proposed Bhartiya Nyaya Sanhita, 2023 Bill has stirred concern among animal rights activists in India due to the removal of Section 377 of the Indian Penal Code (IPC) without the introduction of any alternative provisions to address sexual crimes against animals.
Section 377 states, “Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.”
In 2018, the Supreme Court in a landmark judgment read down the provisions of Section 377 to decriminalise gay sex, between consenting adults. The judgment, however, left a window for prosecuting the offense of bestiality and non-consensual gay sex.
In the recent past, there have been several reported incidents of sexual abuse of animals. In March this year, a man was booked under Section 377 and relevant provisions of the Prevention of Cruelty to Animals (PCA) Act, for sexually abusing a female dog in central Delhi’s Inderpuri.
In February, another incident of a man raping a dog at a park in Hari Nagar in Delhi, was reported widely in the media. Both incidents were caught on camera and the videos went viral on social media.
Experts opine that the proposed Bhartiya Nyaya Sanhita (BNS) Bill, if passed in the current form, would leave a legal loophole where there would be no express provision to charge a person for the offense of bestiality.
Varnika Singh, senior legal consultant at the Federation of Indian Animal Protection Organisations (FIAPO) said, “The proposed Bill’s weakness lies in the complete elimination of Section 377 without addressing sexual crimes against animals and provisions for animal victims of crime.”
She said that most cases of sexual offenses against animals go unreported even when the law had a provision to bring justice to the animal. “The absence of any such law to address animal rape opens the door for such crimes to proliferate,” she stressed.
Advocate Alok Hisarwala Gupta, an activist and researcher working on LGBTQI+ and animal rights issues said, “There is no doubt that Section 377 needs to go in its entirety as it is based on Victorian-era British colonial morality. However, the new BNS Bill has been introduced in a roughshod manner.”
“In the 2021 FIAPO report ‘In Their Own Right - Calling for Parity in Law for Animal Victims of Crimes’, between 2010-2020, we documented approximately 1,000 cases of brutal assault against animals of which 82 were cases of sexual abuse, often violent and fatal,” advocate Gupta said.
In the report, FIAPO highlighted that, “Cruelty like rape and sodomy is a draconian colonial concept that fails to address the violence against animals. We need a new comprehensive law to punish violent crimes against animals.”
Ms. Singh added that the absence of specific laws addressing animal rape can indeed create a legal loophole that might be exploited by individuals engaging in such acts. “Laws and regulations are essential in defining what is considered illegal behaviour in society and establishing consequences for those who engage in such acts,” she said.
“When there are no specific laws addressing the crime, it can be challenging for law enforcement and the judicial system to prosecute individuals involved in such activities, which is already difficult with crimes against animals,” she added.
As a way forward, Ms. Singh said legal reform is required, which may entail changing existing legislation, such as the PCA Act. She said raising public awareness of the problem is critical.
“Furthermore, there is no reporting of animal crimes in India under PCA. Clear and accessible reporting systems should be established which would help in knowing the statistical information of such cases,” Ms. Singh said.
