The legal gap in protecting animals from sexual abuse in India
Introduction
In 2018, the Supreme Court of India delivered a landmark ruling in Navtej Singh Johar V. Indian Union, partially striking down Section 377 of the Indian Criminal Code (IPC), 1860, which had criminalized unnatural sex against the order of nature. The court said that Section 377 violates the rights of gays, lesbians and transgender people, and that consensual sex between adults of any gender cannot be considered a crime. However, the court also clarified that Section 377 still stands in cases of non-consensual sexual abuse of adults or all sex acts with minors or animals.
Now, in 2023, a new bill has been introduced in the Indian Parliament called Bharatiya Nyaya Sanhita (BNS), 2023, which aims to repeal and replace IPC with a new criminal code. Among the many changes proposed by BNS, is the deletion of Section 377 altogether, without providing any alternative to it. This means that non-consensual sex against males, females, transsexuals or sex with animals is no longer considered a crime in India. What are the possible effects of this change on the protection of animals from sexual abuse Is there a need to amend BNS to close the legal gap
The body
Sex with animals, also known as marriage, is an immoral and shameful act that involves a violation of the rights and dignity of animals. According to the World Health Organization, sex with animals can lead to infectious and inflammatory diseases of the reproductive system, physical and psychological injuries, and death1. It also poses a threat to public health, food security and biodiversity.2. In addition, sex with animals can be an indicator of other psychological, social or behavioral disorders3.
In India, sex with animals is considered a crime under Section 377 of the IPC, which states that"whoever engages in physical intercourse against the order of nature with any man, woman or animal, shall be punished with life imprisonment, or imprisonment of any kind for up to ten years, and shall also be liable to a fine". This section has been used to punish offenders who have sexually abused animals, such as dogs, cows, camels, donkeys and hens4. Indian courts have sentenced these perpetrators to imprisonment, a fine, or both.5.
However, in the BNS, no provision was included for non-consensual sex against males, females, transsexuals or for sex with animals. This means that such acts are no longer considered crimes in India. This may lead to an increase in sexual violence against animals and humans, and create a legal gap in the protection of victims. Many experts and activists have criticized this change, demanding to reconsider BNS or add a new clause prohibiting sex with animals .
Conclusion
Sex with animals is a shameful and harmful act that violates the rights and dignity of animals. Section 377 of the IPC used to protect animals from this kind of sexual abuse, but it has been deleted from BNS, the proposed new Criminal Code of India. This means that animals no longer have any legal protection against this crime ،
