Why in the News? 

Presently, Croatia has imposed stricter penalties for acts of cruelty, especially the abandonment of domestic pets. Countries across the world are reforming their animal cruelty laws and enhancing punishments for animal cruelty.

Theories of punishment suggest that punishment serves three main goals:

• Retribution: Retribution refers to punishment imposed to avenge the crime committed.In the context of animal cruelty, retribution could involve imposing punishment on perpetrators to seek justice for the harm inflicted on animals.
• Deterrence: It aims to prevent future crimes by imposing punishment that dissuades both the perpetrator and the general public from engaging in similar behavior.
• Reformation or Rehabilitation: It focuses on reforming the behavior of the perpetrator to prevent future offenses.

Issues in PCA 1960 : 

• Bail and Non-Cognisable Offences: Many offences under the PCA Act are bailable and non-cognisable, allowing accused individuals to seek bail easily and preventing immediate police action without court permission. This delays justice and hampers effective enforcement.
• Inadequate Fines: The fines prescribed under the PCA Act have remained unchanged for over 130 years, rendering them insignificant and failing to act as a deterrent against animal cruelty. In many cases, fines are as low as ₹10, which does not reflect the seriousness of the offenses.
• Discretionary Sentencing: The law grants courts discretion to choose between imposing imprisonment or a fine on offenders, even for severe cases of animal cruelty. This leniency allows perpetrators to evade appropriate punishment, undermining the deterrent effect of the law.
• Lack of Rehabilitation Measures: The PCA Act lacks provisions for alternative forms of punishment such as community service, which could help reform perpetrators and address the root causes of animal cruelty.

Steps taken by Government:

• In November 2022, the Draft PCA (Amendment) Bill, 2022 was published by the Department of Animal Husbandry and Dairying for public comments. Despite widespread public support for the Draft Bill, it was not tabled in Parliament.
• The Draft Bill includes significant amendments to the 1960 Act such as the inclusion of the five fundamental freedoms for animals, enhancement of the punishments and the amounts of money to be paid as fines for various offences, and addition of new cognisable offences.

Way forward 

• Legislative Reforms: Need to table the Draft PCA (Amendment) Bill, 2022 in Parliament for consideration and enactment.Enhance penalties and fines for animal cruelty to reflect the seriousness of the offenses and act as a deterrent.
• Promotion of Public Awareness: Launch campaigns and awareness programs to educate the public about animal welfare and the consequences of cruelty.

Mains PYQ 

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