“All animals are equal, but some animals are more equal than others.”
George Orwell’s satirical words from Animal Farm were meant to expose human hypocrisy. Today, disturbingly, they echo in the reality faced by countless stray animals in India.
In recent weeks, social media has been flooded with anger over the so-called “stray dog menace.” Amidst this noise, chilling videos have surfaced—most notably one showing a man raping a female stray dog. The viral outrage raised a fundamental legal question: who protects the voiceless when the law itself abandons them?
The Legal Gap: From IPC to BNS
Under the old Indian Penal Code (IPC), Section 377 explicitly criminalised bestiality, equating it with “unnatural offences” punishable with life imprisonment or up to 10 years in jail and a fine.
In 2018, Navtej Singh Johar v. Union of India partially read down Section 377, decriminalising consensual same-sex relations between adults. Crucially, however, the Court preserved its application to bestiality, child sexual abuse, and non-consensual acts.
But with the introduction of the Bharatiya Nyaya Sanhita (BNS), 2023, Section 377 has vanished. The new code, effective from 1 July 2024, makes no mention of bestiality—creating a shocking legal vacuum.
What does this mean?
- Acts of bestiality before July 1, 2024 can still be prosecuted under IPC Section 377.
- Acts after July 1, 2024 fall only under the Prevention of Cruelty to Animals Act, 1960 (PCA)—a law with laughably inadequate penalties.
PCA: A Weak Substitute
Section 11 of the PCA covers cruelty such as beating, chaining, or torturing an animal. By extension, sexual assault may fit under “treating animals with unnecessary pain or suffering.”
But here’s the catch:
- First offence → Fine of ₹10–₹50
- Repeat offence → Fine of ₹25–₹100 or 3 months’ imprisonment
That’s the price of an animal’s dignity. In 2025.
This leniency emboldens offenders, making India an outlier even among developing nations.
Global Perspective
Other countries treat bestiality as a grave crime:
- Tanzania: Life imprisonment (minimum 30 years)
- Uganda: Life imprisonment
- Kenya & Nigeria: 14 years’ imprisonment
- Malaysia: Up to 20 years, fine, or whipping
- Brunei: Up to 30 years, plus whipping
- Nepal & Bhutan: Specific provisions with 1–2 years’ jail and fines
Ironically, many of India’s neighbours—Pakistan, Bangladesh, Myanmar—still retain versions of colonial IPC Section 377 that criminalise bestiality. India, however, now stands nearly alone in offering its animals no real protection.
Parliament Knew the Risk
Before the BNS came into effect, the Parliamentary Standing Committee on Home Affairs (Report No. 246, November 2023) had cautioned against deleting Section 377 entirely. The Committee recommended retaining it, especially to align with the Supreme Court’s interpretation.
Yet, the warning was ignored. A PIL later filed before the Supreme Court sought inclusion of sexual offences against men, trans persons, and animals in the BNS. The Court declined, stating it cannot direct Parliament to create offences.
The Hope: PCA Amendment Bill 2022
There is some light on the horizon. The PCA Amendment Bill, 2022 introduces Section 11A, recognising bestiality as “Gruesome Cruelty.” Proposed penalties include:
- Fine of ₹50,000–₹75,000, or
- Imprisonment of 1–3 years, or
- Both (at the discretion of the magistrate)
This is a step forward—but still weaker than global standards. Notably, it does not mandate both jail and fine together, leaving sentencing open to minimal punishment.
The Data Deficit
The problem deepens with the lack of reliable data. The NCRB has never maintained separate statistics on bestiality. All such cases were buried under the broader IPC 377 category. Post-BNS, future cases will simply be logged as “animal cruelty” under the PCA, further diluting records.
So we face two troubling questions:
- Without NCRB data, how can lawmakers assess the true scale of the problem?
- How can justice be ensured if crimes against animals are invisible in official statistics?
Conclusion: Justice Denied to the Voiceless
India prides itself on progressive legal reforms. But in the case of bestiality, progress has ironically meant regression. Stray dogs and other animals, already living on society’s margins, are now doubly disadvantaged—first by their silence, then by a law that refuses to hear them.
Until Parliament acts decisively to restore strong legal safeguards, every viral video of animal abuse will remain not just a tragedy, but also an indictment of our collective apathy.
If “four legs good, two legs bad” was Orwell’s warning, India today risks rewriting it as—two legs free, four legs forsaken.
