Animal cruelty in Assam: A call for urgent legal reforms

The question is not, can they reason? Nor can they talk? But, can they suffer?
– Jeremy Bentham

India is a country where animals are not only integral to the ecosystem but also revered as sacred. Religions such as Hinduism, Sikhism, Jainism, and Buddhism celebrate animals as divine manifestations. Traditions and festivals emphasize coexistence, kindness, and the principle of Ahimsa or nonviolence. Additionally, the Indian Constitution, through Articles 21, 48A, 51 A (g) 243G, and others, underscores the need for animal welfare.
Yet, the reality paints a grim picture. Between 2010 and 2020, nearly 500,000 cases of animal cruelty were reported in India, as per the Federation of Indian Animal Protection Organisations (FIAPO) and All Creatures Great and Small (ACGS). These acts, often heinous, range from poisoning and stabbing to abandonment of animals. Assam is renowned for its biodiversity but the situation is especially dire, with rampant poaching, abuse of stray animals and neglect. Despite repeated efforts by activists and NGOs, a lack of concrete action leaves animals vulnerable to ongoing suffering.

eading……..Animal cruelty in Assam: A call for urgent legal reforms

Harrowing Cases of Animal Cruelty in Assam

Recent incidents in Assam highlight the magnitude of the problem:
Pregnant Dog Killed (Doomdooma, December 2024): A pregnant dog scavenging for food was brutally killed by a meat shop worker. The incident sparked public outrage and led to the arrest of the perpetrator.
Illegal Dog Smuggling (Mangaldoi, November 2024): Nineteen dogs packed in sacks were rescued from an illegal dog meat trade. Swift police action resulted in four arrests.
Pet Abuse (Guwahati, November 2024): A viral video showed a man beating his pet dog with an iron rod. Public outcry led to the rescue of the dog and action against the abuser.
Fatal Attack in Nagaon: A man killed a dog that ate chickens from his poultry. The incident, captured on video, showed the dog’s puppies nursing from its lifeless body, drawing widespread condemnation.
Puppy Stabbed (Tezpur, March 2024): A youth brutally stabbed a puppy and paraded its body. This act highlighted the growing violent tendencies linked to animal abuse.
Buffalo Fights (Nagaon, February 2024): Despite legal prohibitions, buffalo fights continue as public spectacles. Videos surfaced showing animals forced into violent confrontations, with injuries ignored for entertainment.
In addition to these, sexual violence against animals is an alarming yet under-addressed issue. Research indicates a link between violence toward animals and human violence, emphasizing the urgent need for intervention.
Legal Limitations: Outdated Laws and Gaps
The Prevention of Cruelty to Animals (PCA) Act, 1960, which is the cornerstone of animal welfare legislation while progressive for its time, is outdated. Section 11 lists various forms of cruelty but prescribes penalties as low as ₹10 to ₹100 for first-time offenders, failing to act as a deterrent. Repeat offenders face only up to three months of imprisonment. Additionally, most offences are non-cognizable, enabling easy bail and limited enforcement.
The Bharatiya Nyaya Sanhita (BNS) Act, 2023 introduced stronger provisions, addressing animal neglect, poisoning, and organized fights. However, it lacks a provision equivalent to Section 377 of the Indian Penal Code to address unnatural offences against animals, leaving significant gaps in legal protection.

*Learning from Global Standards

• International frameworks provide models for effective animal protection. Switzerland’s animal welfare laws recognize animals as “sentient beings” and impose stringent penalties for cruelty, including imprisonment. The U.S. Preventing Animal Cruelty and Torture Act criminalizes animal abuse with penalties of up to seven years in prison. Sweden’s Animal Welfare Act 2018 emphasizes animal’s rights to a dignified life.
  These countries combine strict legal frameworks with innovative measures like surveillance drones and tracking systems. Assam, and India at large, could benefit from adopting such approaches to enhance enforcement and accountability. Recommendations for Reform

To combat the rising cruelty against animals in Assam, a comprehensive approach involving legal, social, and technological reforms is necessary. The state government must prioritize the amendment of outdated laws, particularly the Prevention of Cruelty to Animals (PCA) Act, 1960. Increasing fines for first-time offenders and introducing mandatory imprisonment for repeat offenders would significantly enhance deterrence. The government should also modernize the laws to address contemporary challenges, such as the welfare of stray animals. A step in the right direction would be supporting the Prevention of Cruelty to Animals Amendment Bill, 2022, which proposes increased fines and imprisonment for more serious offences like bestiality.

Further, law enforcement agencies must be provided with advanced tools and training to monitor and act swiftly on animal cruelty cases. The introduction of AI-powered cameras and drones, along with establishing checkpoints at key locations, could help track and curb illegal activities, such as dog smuggling. A fast-track reporting system supported by an independent oversight body could ensure timely action against offenders.
Another crucial reform involves addressing outdated practices such as animal sacrifices, which persist in some regions. Collaborating with religious and community leaders to promote non-violent alternatives can help align traditional practices with modern values of compassion and ecological responsibility.

Additionally, animal welfare education must be integrated into school curricula to instil empathy in future generations. Regular community workshops in rural and semi-urban areas would encourage people to care for stray animals, including vaccination.

Implement stricter licensing and regulation for pet shops, breeders and animal shelters to ensure animals are kept in humane conditions.

Technology also has a pivotal role to play in modernizing animal protection efforts. Developing centralized databases for tracking offenders and using technology like drones for surveillance can significantly enhance enforcement. To further streamline the reporting process, multilingual 24/7 helplines and mobile apps should be introduced to facilitate easy access to animal care resources and cruelty reporting.

NGOs are at the forefront of animal welfare and must be supported with adequate resources. Funding for shelters, medical facilities, and rescue operations should be increased, and bureaucratic processes simplified to allow quicker intervention. Training community volunteers to assist these NGOs would help build a strong grassroots network for animal welfare.

Moreover, improving veterinary infrastructure is essential. Expanding veterinary services in remote areas and ensuring mobile units are available for emergency care would promote widespread community involvement. The Animal Birth Control (ABC) program, crucial for managing stray populations, must be implemented transparently and effectively.

Finally, legal awareness is crucial. Workshops for legal professionals should be conducted to improve understanding of animal protection laws. Advocating for the inclusion of animal cruelty cases in national crime databases, such as the NCRB (National Crime Records Bureau) will provide policymakers with valuable data for developing more effective laws.

Assam can set a precedent for animal welfare by adopting global best practices and strengthening legal frameworks. Protecting animals is a moral responsibility as stated in Animal Welfare Board of India V. A.Nagaraja and others, 2014. The High Court of Punjab and Haryana in the case of Karnail Singh and others V State of Haryana, 2004 recognized all animals as legal entities and the all the citizens of the state of Haryana were declared persons in loco parentis (in place of parent) which will enable them to act as guardians for all non-human animals. By adopting global best practices, strengthening legal frameworks, and fostering public awareness, the state can ensure the safety and dignity of its voiceless inhabitants. The time for change is now—Assam’s animals deserve nothing less than a compassionate and just future.

( Authored by Noyonika Gogoi, PHD Research Scholar and Lead-Environment, Arth Vidhi and Aditya Trivedi, Advocate, Delhi High Court and Founding Director, Arth Vidhi)