The Kerala high court has advised the central government to make appropriate changes to the Prevention of Cruelty to Animals Act, 1960, amended in 1982, as it fell short of the requirements.
A division bench of Justice Thottathil B. Radhakrishnan and Justice K. Vinod Chandran observed, after examining the provisions of the act, that various sections under the act were a ‘cruel joke on animals’.
The court noted that the penalty for some of the offences stipulated in the act, appeared bizzare. For instance, it noted, if a person beats, kicks, over-rides, over-drives, overloads, tortures or otherwise maltreats an animal, the penalty is a fine of Rs. 10, which may extend upto Rs. 50.
The penalty for the offences of offering an animal for sale without reasonable cause, or having in one’s possession an animal which is suffering pain by reasons of mutilation, starvation, thirst, overcrowding or other ill treatment is also the same.
Considering the provisions, the court observed in the event of a prosecution, chances were that the violators could go scott-free.
Naming the offences as ‘flea-bite punishments,’ the court observed that the whole purpose of attempting to prevent cruelty on animals would itself be jeopardized by these sections. “It is high time there is a second look by a competent authority to (facilitate) appropriate legislation in this regard,” the court held.
The court passed the order while considering a suo mottu petition on the sad plight of elephants under the Guruvayoor Devaswom Board.