Section 377 Gone, Who Will Protect the Defenceless?
Delhi High Court urges swift government action; activists demand stronger punishment.
By : DC Correspondent
Update: 2025-06-06 10:19 GMT
Individuals, both humans and animals, witness an evident increase in sexual violence in our communities. There was great urgency for a new law to punish people who commit such gruesome crimes against animals. The question that arises here is, what laws have the government implemented? On May 28, 2025, the Delhi High Court solicited the Central Government to look into the petition of the Federation of Indian Animal Protection Organisations (FIAPO). In the past, the colonial rule in the 1860s had introduced Section 377 of the Indian Penal Code.
This code was used for more than 150 years in India, and it dealt with unnatural offences to criminalise certain types of sexual activities. While Section 377 is removed from the Indian law, FIAPO claims animals are legally unprotected, thus seeking reconsideration on the status (PCA) Act, 1960, which allows the police to arrest an offender who commits a crime and pay a fine of 50 rupees.
The Bharatiya Nyaya Sanhita, 2023, bill replaced the IPC, adding some new offences to the BNS, and retaining the provisions of the IPC. The code has increased penalties for several offences and struck down penalties that were objected to by the court, which also resulted in no alternatives to address sexual crimes against animals. This raised concern among animal rights activists and stirred public attention. Due to this, FIAPO’s petition stated that the decision to allow same-sex relationships was progressive, and the removal of 377 has led to animals no longer having any legal protection from abuse.
FIAPO survey results in over 50 serious cases that have been tracked down across the country for sexual abuse of farm animals, wild animals, and domestic pet animals. The petition also expressed that there was no Legal Vacuum In India. With no law imposed on individuals sexually abusing animals, there is nothing to stop the cruelty of people. A few such horrifying cases of animal abuse as of April 2025 include: Delhi, in Saket, a pet dog was found dead and a condom was recovered from the private parts of the dog; another such gruesome crime took place in Coimbatore, Temple town, a dog was found getting sexually abused by a construction worker.
Despite the serious events, the Delhi High Court declines to interfere in law-making processes. This highlights the need for India to redesign its animal protection laws, and the pause in the law can result in more such brutal acts. The Court has requested the central government to look into the matter and make a quick decision within a limited time.