Animal Rights and the Law: A Penological Critique of the PCA, 1960

Abstract

The Prevention of Cruelty to Animals Act, 1960, stands as a pivotal legal framework in India aimed at safeguarding animal welfare. This paper examines the Act from a penological perspective, analyzing its effectiveness in deterring cruelty towards animals and promoting their humane treatment. By evaluating the Act’s provisions, enforcement mechanisms, and the role of punishment in shaping societal behavior, the paper investigates whether the current legal provisions align with penological principles such as deterrence, rehabilitation, and retribution. Additionally, it explores the challenges in the implementation of the law, including issues of enforcement, public awareness, and the adequacy of penalties. The study emphasizes the need for reform in the context of evolving societal attitudes toward animal rights and the development of more robust legal and penological frameworks to address animal cruelty in India. Ultimately, the paper seeks to provide a comprehensive understanding of how the law can be strengthened to foster a more compassionate society while ensuring Justice for animals.