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  • Read the following passage carefully and answer the question The founders of the Indian Constitution were also sensitive to the topic of animal interests and their protec

Read the following passage carefully and answer the question

The founders of the Indian Constitution were also sensitive to the topic of animal interests and their protection which is evident from Article 51(A) G of the Indian Constitution which reads as:

 It shall be the duty of every citizen of India to protect and improve the natural environment including forests, lakes, rivers, and wildlife, and to have compassion for living creatures.

In Concurrent List III, it is given that both the Centre and the State have the force and power to:

 Prevent inhumane attitudes towards animals & ensure the safety of wild animals and birds. The traces of animal rights can also be seen in the Criminal Procedure Code of India as killing, maiming, poisoning, or rendering useless any animal is punishable under Section 428 of the Indian Penal Code, 1860.

  Under Section 503 of the Indian Penal Code any individual scaring someone else and averting him/her, who is the proprietor of a pet, from keeping or dealing with his/her pet can be held at risk.

  The Prevention of Cruelty to Animals Act, 1960 was enacted to prevent the act of unnecessary agony endured by animals and for that purpose to amend the law relating to the prevention of cruelty to animals. The Act defines the word animal as any living creature other than a human being. The Animal Welfare Board of India under Section 4 of the Act is set to guard animals from being exposed to excessive torment.

  Section 11 of the Act mentions the condition under which a demonstration is perceived to be brutality against animals. The arrangement expresses that slaughtering any animal in any pointlessly savage way is a culpable offence. The discipline for the said offense, on account of a first offense, is fine which is between ten rupees to fifty rupees, and on account of a second or consequent offense with a fine which is between twenty-five rupees to one hundred rupees and a maximum of three months of imprisonment on repetition of the said acts.

Question

Recently, a man was arrested by the forest guard officer after finding objectionable videos of an act of bestiality with Bengal Monitor Lizard. Under the light landmark judgment of Navjot Singh Johar’s judgment can the man be convicted under Section 377 of IPC?

 

Option: 1

  No, because Section 377 is decriminalized


Option: 2

   No, because Section 377 is decriminalized though action can be brought under Cruelty to Animals Act

 


Option: 3

Yes, the man can be punished for bestiality under Section 377 of the IPC


Option: 4

  The act is punishable under Section 428 of the IPC

 


Answers (1)

best_answer

 In the famous judgment of Navjot Singh Johar vs. UOI (2018), the Supreme Court of India decriminalize the consensual act of sexual intercourse between adults. But, the decriminalization was partial under Section 377 the act of bestiality is punishable. Hence, option (c) is the correct answer.

 

 

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