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Poor Legal Sense Failed Bhadra, NOT the Law

Did the law fail ‘Bhadra’, the mongrel, whose tormentors are out on bail? Actually not.

Updated
India
3 min read
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Ashish and Gautham threw a dog off a roof, and got away with it without breaking a sweat.

These medical students must have probably risen to cult status within the campus of their motherly and protective medical school. They have since been suspended from medical school, but I doubt if it’ll stick.

For brevity and for my personal satisfaction, let’s henceforth refer to Ashish and Gautham as Perverts.

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How to Get Away with Torturing an Animal

Perverts throw a dog off a roof and record it in HD. Two weeks later, perverts upload video.

Perverts found and identified.
Perverts arrive at the police station.
Perverts plead guilty under the PC (Prevention to Cruelty to Animals) Act, 1960.
Perverts pay fine of Rs.100 each.

Perverts seek bail.
Bail granted.
Perverts leave.

Suddenly, our laws for protecting animal rights feel like they belong to the stone age. Everyone is googling ‘PC Act’ and is shocked that you can actually get away with torturing or maiming a dog by paying a fine of Rs. 50.

But with all of the hullabaloo over amending the PC Act, Sections 428 and 429 of the Indian Penal Code, under which the perverts were booked, seems to have been completely ignored.

Are these two laws as toothless as the PC Act?

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Section 429, Indian Penal Code
Mischief by killing or maiming cattle, etc., of any value or any animal of the value of fifty rupees.—Whoever commits mischief by killing, poisoning, maiming or rendering useless, any elephant, camel, horse, mule, buffalo, bull, cow or ox, whatever may be the value thereof, or any other animal of the value of fifty rupees or upwards, shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both.
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That’s a Cool Law!

Life term is 7 years. Even if the perverts served half of the stipulated 5 year term, the judgement would still be a strong deterrent for anyone else with such ideas. This law was written more than a century ago. And yet, I don’t think it’s archaic.

Legally speaking, animals in India are more protected by law than anywhere else on the continent.

In China and Hong Kong, the number of laws that protect animals is - (drumroll please) - Zilch.

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Why Did the Perverts Get Away?

The perverts did what our well meaning animal rights activists should have done in the first place; brought along a lawyer. How much easier it would have been to serve Justice, if a lawyer on the right side had tried to make provisions to deny bail, before it was sought?

As of now, Supreme Court Lawyer and activist Prashant Bhushan has volunteered to provide legal advice to the activists to challenge the bail. It’s a welcome development, because at this point in time, they’re going to need all the help they can get.

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Shaktiman, All Over Again

On 14th March, BJP MLA Ganesh Joshi thrashed the police horse, Shaktiman, and fractured its left hind leg in multiple places as police and the public looked on. He was remanded and at least for a while, unlike the current perverts in question, and his bail plea was rejected. Of course, he was set free. He too was booked under Sections 428, 429 and the PC Act. Obviously, the MLA denied having ever committed such a heinous crime.

“If proven guilty, I will quit politics....cut off my leg!”, he told the media. He has done neither.

Meanwhile, Shaktiman, died on the evening of April 20th, in mortal agony.

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Snapshot

Ganesh Joshi’s release can be blamed on political clout.

The release of the perverts who maimed Bhadra, is entirely on the overzealous activists, with their beautiful hearts and horribly rusty legalese.

But, the only thing that feels right and justified in both cases, is the law.

(At The Quint, we are answerable only to our audience. Play an active role in shaping our journalism by becoming a member. Because the truth is worth it.)

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