BENGALURU: Ever since the video involving a medical student seen throwing a dog off a terrace surfaced on social media, it has sparked massive outrage across India and trending on most social media platforms. It finally led to the arrest of the duo, including the one who shot the video. However, the two, Gautam Sudarshan, who threw the dog and Ashish Pal who shot the video, were soon granted bail by a court after they were charged with offences punishable with fines of Rs 10 and Rs 50 instead of jail time.
Expressing similar concern over the safety of animals and protecting the innocents from acts of cruelty, Sneha Maiya (36), a resident of Bengaluru had approached the high court in May, filing public interest litigation, seeking direction to the State Animal Welfare Board to constitute Societies for Prevention of Cruelty to Animals (SPCA) in all the districts of the state.
The petitioner had also sought for proper implementation of the Supreme Court order dated August 6, 2008 in Geeta Sheshmani vs Union of India case, wherein the apex court had directed all the state governments to constitute State Animal Welfare Board, and form a Society for Prevention of Cruelty to Animals (SPCA) for the establishment of Prevention of Cruelty to Animals (PCA) Act, 1960.
A division bench headed by Chief Justice S K Mukherjee, disposed the PIL on July 1, after H. Venkatesh Dodderi, the additional government advocate informed the court that, out of 30 districts, SPCAs have been established in 29 (only Raichur remains). He also submitted that for the Raichur District, the SPCA shall be constituted as early as possible. Following the submissions and the assurance made by the state, the court disposed the matter by directing the State Animal Welfare Board to oversee that the SPCA function properly.
A few days ago the Supreme Court while hearing a PIL moved by animal rights activist Gauri Maulekhi, has sought an explanation from the Central Government over delay in framing stringent rules under the PCA Act.
After the video of cruelty on dog went viral Gautam and Ashish have been suspended by the medical college they attend. Dismayed animal rights activists, who have decided to appeal the verdict against the bail, expressed that PCA Act 1960 is pretty outdated with which the violators can just get away with a fine of Rs 50.
What the act says
The Prevention of Cruelty to Animal Act was enacted in 1960 and was thereafter amended in 1982. Section 11 provides punishment in case of first offence with fine which shall not be less than Rs 10, but which may extend to Rs 50 and in case of second or subsequent offence committed within three years of the previous offence to a fine of, which shall not be less than Rs 25 but may extend to Rs 100 or with imprisonment for a term which may extend to three months or with both.
