Introduction
Traditions and rituals are ancient that has been carried on from generation to generations however these practices can cause harm to animals and even death of animals in many practices. Certain practices are deeply rooted and cultured but none the less it causes harm to the animals such as bull taming sports and other practices of animal sacrifices followed in many religions, just because an animal cannot talk and express the harm caused to it, they are being treated as brutally as it can be. All the religious practices that cause harm to the animals are against the animal welfare. The traditional and community supports makes it difficult to enforce the laws and to identify the wrongs done against animals. The current laws that govern the welfare of animals are Prevention of Cruelty to Animals (PCA) Act, 1960, Wildlife (Protection) Act, 1972 and The Bhartiya Nyaya Sanhita, 2023 (BNS) such as Sections 291 and 325 for cruelty. Further constitutionally Article 51-A(g) which is a fundamental duty and Article 48A Directive principle of state policy.
Legal issues
The primary legal issue revolves around the traditions, enforcement challenges and outdated penalties prescribed under the Prevention of Cruelty to Animals (PCA) Act, 1960. Section 11 of Act, 1960 defines animal cruelty and the penalty for such cruelty are provided under sub section (1) which is not less than 10 rupees which may extend to 50 rupees fine for the first time offenders. Second time offence within 3 years of previous offence shall bare the penalty of not less than 25 rupees and may extend 100 rupees of fine or 3 months imprisonment or both. These types of penalties have led to lack of deterrence in the public and by the animal owners. This does not create any fear in the public or prevent cruelty against animals. More over the second time offenders are charged less penalty which will never discourage them to do such cruelty against animals. The deterrence theory completely fails under this legal provision. This is the harsh reality. Furthermore ironically, there are state legislature amendments to section 11 by state of Karnataka and Maharashtra wherein they have legalized the traditional practices such as ‘kambala’ ‘Bull race’ and ‘bullock cart race’ to promote the tradition and culture. This clearly showcases the local political involvement and creating enforcement issues and inconsistent enforcements across different states in India and between urban and rural areas for instance in states like Karnataka and Maharashtra.[1] It also shows that how the blanket ‘tradition’ and ‘culture’ are used to coverup the animal cruelty. Hence such actions of state legislature should not be allowed to amend the principal Act. This further raises the question on animal rights and the conflict between traditional culture and animal welfare standards.
Bestiality, in some regions it is a culture and it is believed that sexual contact with animals can cure diseases specifically like cows and donkeys. Which is actually sexual assault against animals against the animal welfare. The sad reality is bestiality is not considered as animal cruelty under section 11 of Act,1960. However historically it was recognised under Indian Penal Code, but this has been removed in BNS. However proposed amendment 2022 includes bestiality and penalty amount 50,000 to 75,000 rupees which is yet to be enforced. Historically there have been reports of bestiality as a cultural practice, such acts were encouraged during the festival of Holi amongst women so that they can be closer to God. Most of the youths often had their first sexual experience with an animal as a culture and tradition. With a myth that it would enhance the sexual health of humans.[2] This is due to lack of sexual heath education and the myths in isolated rural areas in India. However, in current society it is not practiced as culture but yet bestiality cases are reported till now in places like Bihar[3], Haryana[4] [5]and Orissa[6] and it is punishable offence.
Festival practices such as Nag Panchami are medically unsound wherein snakes are forced to drink milk and the snake’s burrow or nest are decorated with lots of flowers, Kumkum, turmeric and agarbatti’s which causes difficulties to snakes and it is very cruel in nature. Such traditional practices should be regulated in way that it does not cause harm to the snake’s nest or burrow. Ritual sacrifice of animals in festivals like kali puja is still followed in Bengal and festival practices like bakrid. The issue is PAC Act, 1060 prohibits cruelty but does not prohibit killing animals in the name of tradition and festival practices under section 28[7]. Hence there is no law to restrict such cruelty.
Comparing Indian legal framework on animal protection with other counties is a contract stark. In countries like Germany and Switzerland animal welfare is deeply embedded in law. In Germany animal dignity is also recognized. Switzerland also rigorizes animal dignity not just animal welfare[8].
Conclusion
Considering the basic and the hygiene used to transport animals is itself unbearable. The stinking, unhygienic areas and containers through which animals are transported causes a lot of harm and spreads a lot of diseases which will eventually affect the animals and humans too. Now considering the modern and the current aspects faced by animals itself causes a lot of harms to animals which are yet to be regulated. However, in India we are still trying and stuck with the traditional or religious practices that are against the welfare of animals. Indian laws are trying very hard to prohibit certain religious practices which involves causing harms to animals. Yet the sad reality is that these practices are still in practice and continuing every single day. No Matter how morden we get these practices still exist. Local political support for such practices and traditions makes it even more difficult for legal enforcement.
[1] PCA Act, Section 11 (1960)
[2] Zoophilia: Myths in Indian Context, http://iisb.org/pdf/december2019/14_Zoophilia-Myths%20in%20Indian%20Context.pdf (last visited Dec. 3, 2025).
[3] “Bihar migrant sexually assaulted stray dog Bengaluru,” India Today (Mar. 18, 2025), https://www.indiatoday.in/cities/bengaluru/story/bihar-migrant-sexually-assualted-stray-dog-bengaluru-2695019-2025-03-18 (last visited Dec. 1, 2025).
[4] “67-year-old man held in Sohna for bestiality,” Times of India (date not clearly given — use article’s published date), https://timesofindia.indiatimes.com/city/gurgaon/67-year-old-man-held-in-sohna-for-bestiality/articleshow/86693705.cms (last visited Dec. 2, 2025).
[5] “Haryana pregnant goat dies after allegedly being gangraped by eight men,” The Indian Express (date as per online article), https://indianexpress.com/article/india/haryana-pregnant-goat-dies-after-allegedly-being-gangraped-by-eight-men-5281381/ (last visited Dec. 1, 2025).
[6] “Youth held for bestiality; cow dies in Odisha,” The New Indian Express (Sept. 19, 2025), https://www.newindianexpress.com/states/odisha/2025/Sep/19/youth-held-for-bestiality-cow-dies-in-odisha (last visited Dec. 1, 2025).
[7] Section 28. Saving as respects manner of killing prescribed by religion. ―Nothing contained in this Act shall render it an offence to kill any animal in a manner required by the religion of any community.
[8] Nina Kerstensteiner, Bridging the Gap: Reflections on Germany’s Legal Structure and Practice in Animal Law, Ger. L.J. (first view 2025), https://www.researchgate.net/publication/397312672_Bridging_the_Gap_Reflections_on_Germany’s_Legal_Structure_and_Practice_in_Animal_Law.