Mumbai activists struggle to file animal sexual assault cases under BNS

Activists from Thane struggled to file a case regarding the sexual harassment of a dog due to the absence of a relevant legal section to support their claim

THANE: Registering cases of sexual harassment of animals has become a challenge after the new criminal laws came into force on July 1, as the Bharatiya Nyaya Sanhita (BNS) does not contain any penal provision like Section 377 of the Indian Penal Code (IPC), which prescribed punishment for unnatural sex.

Pune, India - January 12, 2020: Animal activists and residents of Hadapsar stage a protest rally at Ranwal seagull society as a dog was beaten up to death in Pune, India, on Sunday, January 12, 2020. (Photo by Shankar Narayan/HT PHOTO)

On Wednesday, animal activists from Thane struggled to file a case regarding the sexual harassment of a dog due to the absence of a relevant legal section to support their claim. Under section 325 of the BNS, a case can only be registered if the accused kills or paralyses the animal.

In a disturbing incident reported by activist Sushant Tomar, a stray dog was allegedly sexually assaulted on the night of June 28. According to Tomar, a caregiver who feeds strays discovered one of the dogs missing in Thane’s Vartak Nagar area. While searching for the animal, the caregiver found the bathroom of one of the housing societies in the area locked from the inside and could also hear the cries of a dog in distress. After banging on the bathroom door for 15 minutes, the caregiver and the society watchman managed to persuade a reportedly intoxicated individual to open the door and release the animal.

The dog was taken to a hospital, where doctors said the animal had been sexually assaulted. Tomar tried to get a First Information Report registered at the Vartak Nagar police station, but said he was unsuccessful despite providing evidence, including CCTV footage.

When approached, Vinayak Deshmukh, Additional Police Commissioner, Eastern Region, said, “The incident happened last month, so a case can still be filed under IPC sections. We are investigating the matter and will file a case accordingly.”

Senior police inspector Sudhir Kudalkar, an animal lover, warned about the repercussions of the absence of a law similar to Section 377 of the IPC. “Section 377 was strong. After removing it, we are giving criminals a free hand to commit wrong,” said Kudalkar. He also highlighted the potential dangers posed by sexual assaulters not only towards animals but also women and children.

Meet Ashar, a legal advisor and manager in PETA India’s cruelty case division, emphasised the need to amend the BNS to include a provision to directly penalise sexual abuse of animals, saying it would reinforce India’s commitment to a legal framework that reflects compassion and protection for all beings.

“While there is work to do to strengthen the BNS, animal abusers must beware that they can still be booked under Section 325 of the BNS, which provides for a jail term of up to five years with or without a fine, including for forms of sexual violence,” he added.