Voiceless At Risk: Absence Of § 377, IPC In BNS, 2023
- IJLLR Journal
- Mar 21
- 1 min read
Nutan Kharat, B.B.A. LL.B. (Hons), University of Mumbai, Thane Sub-Campus
ABSTRACT
Animals are a symbol of innocence; breathing in a world that too often forgets how to be kind. “At present, there is no provision in the Bharatiya Nyaya Sanhita, 2023, that provides animals the same protection,” the People for the Ethical Treatment of Animals (PETA) said in a letter written to the Home Affairs Committee on September 14, 2023. The presented paper poses three questions: Is there any legal remedy for bestiality in India post- implementation of BNS? Does this omission create a legal lacuna, and if so, does it result in a violation of animal rights? A nation that recognizes animals as legal persons might now be facing the day where there is no legal remedy for sexual abuses against them. A regressive move in criminal laws. This violates a plethora of animal rights including Article 21. The State has a parens patriae duty to protect animals from this violation. Repeat crimes among animal abusers are the rule rather than the exception. Bestiality must be recognized as a heinous offense in this day and age with severe penalties. While remedial legislation exists, it is yet to be enacted.
Keywords: Bestiality, Animal Rights, Section 377 IPC, Bharatiya Nyaya Sanhita 2023.
