The Hindu Editorial Analysis- 2nd May 2024 | Current Affairs & Hindu Analysis: Daily, Weekly & Monthly - UPSC PDF Download

An Animal Protection Bill that Must be Moved in June

Why in News?

Countries across the world are reforming their animal cruelty laws and enhancing punishments for animal cruelty. Recently, Croatia imposed stricter penalties for acts of cruelty, especially the abandonment of domestic pets. Amendments to the Croatian Penal Code, which came into effect on April 2, enhance the punishment for causing unnecessary pain or suffering to animals, and for killing or severely abusing animals.

What are the main changes proposed in the law?

• Through this amendment bill, the Centre has proposed to overhaul the Prevention of Cruelty to Animals Act, 1960, introducing 61 amendments in the law.

• Essentially, the law is proposed to be made tighter, with more stringent punishments. 

In ‘AWBI vs A Nagaraja & Ors (2014)’, the Supreme Court had said that the Parliament must make anamendment of the PCA Act to provide an effective deterrent for violation of Section 11, adequate penalties and punishments should be imposed”.

• In the bill, several offences have been made cognizable, which means offenders can be arrested without an arrest warrant. 
• Gruesome cruelty - The draft Bill has proposed to include “Bestiality” as a crime under the new category of “Gruesome cruelty.”
• The proposed subsection describes “gruesome cruelty” as any act involving animals which leads to “extreme pain and suffering” and is “likely to leave the animal in life-long disability”. 

• The “gruesome cruelty” includes 

  1. mutilation or killing of animal by the use of strychnine injection in the heart or 

  2. any other cruel manner that can cause permanent physical damage to the animal or render animal useless or cause any injury which is likely to cause death including bestiality.

“Bestiality” means any kind of sexual intercourse between human being and animal.

• Penalty - For ‘gruesome cruelty’, the draft proposes fines from Rs 50,000 to 75,000 or the cost of the animal, whichever is more or with the imprisonment of one year to 3 years or with both. 
• For killing an animal, the draft Bill proposes a maximum punishment of 5 years in jail.
• Current penalty - First-time offenders under the PCA Act are punished with a fine of Rs 10-50. 
• If it is found that this is not the offender’s first such crime in the past 3 years, the maximum punishment would be a fine between Rs 25 and Rs 100, a jail term of 3 months, or both.
• In short, the penalty is ridiculously light in the law as it exists now, and is incapable of acting as any deterrent for potential offenders.

What else is proposed?

• Freedom - The draft bill proposes the insertion of a new section that talks about the duty of every person having charge of an animal to ensure that the animal in his care or under his charge has freedom from:

  1. Thirst, hunger and malnutrition;

  2. Discomfort due to environment;

  3. Pain, injury and diseases;

  4. Fear and distress, and 

  5. Freedom to express normal behaviour for the species

• Community animal - The draft Bill provides the definition for “community animal”. 

• A “community animal” is any animal born in a community for which no individual or organization has claimed ownership, excluding wild animals defined under the wildlife Protection Act, 1972.”

• Under the draft Bill, the local government (municipality or panchayats) shall be responsible for taking care of the community animals in a manner developed by 

  1. the State Government or 

  2. the Animal Welfare Board of India (AWBI).

Are there any concerns around tightening the law?

• Some experts have pointed out that simply increasing the quantum of punishment may not be enough to stop cruelty against animals. 

• Some say that already marginalised communities like ‘madaris’ (who perform with animals) and ‘saperas’ (snake charmers) may be disproportionately affected.

• Others have argued that focusing on the individual act of ‘cruelty’, such as farmers putting up electric fences around their fields, is an incomplete approach. 

• It is said that steps are needed to mitigate the larger issues of vanishing animal habitats and climate change exacerbating man-animal conflict.

Why in News?

The Supreme Court recently dismissed the plea for 100% verification of Voter Verifiable Paper Audit Trail (VVPAT) slips against the Electronic Voting Machine (EVM) count. 

What is  the Criticism against the Election Commission (EC): 

• The Election Commission (EC) has not communicated to political parties regarding the identification of 6.5 lakh Voter Verifiable Paper Audit Trail (VVPAT) machines as defective.  
• This number exceeds one-third (37%) of the total machines used in the 2019 Lok Sabha election, potentially impacting voters in the last general election and subsequent Assembly polls.  
• Numerous VVPATs with consecutive serial numbers across entire batches from different manufacturers have been found defective, leading to their return to the manufacturers due to the severity of the faults.  
• The EC’s failure to adhere to standard operating procedures, including the Model Code of Conduct, which mandates field officers to identify defects within seven days, has raised concerns about procedural integrity.  
• To restore public faith and trust in the electoral process, the EC must prioritise transparency and accountability. 

What are VVPAT Machines?

• Developed by the Election Commission in collaboration with Bharat Electronics Limited, Bangalore, and the Electronics Corporation of India Limited, Hyderabad.
• Consists of two units.
• Operates on a 7.5-volt alkaline power pack, allowing usage without electricity.
• Older models can record up to 3840 votes, while newer ones since 2006 have a capacity of 2000 votes.

History and Implementation:

• EVMs were first trialed in the Paravur Assembly constituency, Kerala, in 1982.
• By the 2004 Lok Sabha elections, EVMs were employed in all 543 constituencies.

Enhancements and Features:

• Electronically Transmitted Post Ballot System (ETPBS) introduced in 2016 for remote voting by service personnel.
• Introduction of None of the Above (NOTA) option in 2013, making India the 14th country to implement negative voting.
• Voter Verifiable Paper Audit Trail (VVPAT) introduced in 2013, providing a printed record of votes.
• In the 2019 general elections, 100% of EVMs were backed with VVPAT, enhancing voter verification.

VVPAT Implementation:

• VVPAT counting mandated by the Election Commission as of 2018.
• One randomly selected polling station per Assembly constituency undergoes VVPAT slip counting.

What are the challenges with EVMs?

• Technical Malfunctions: One of the primary concerns with VVPAT machines is the possibility of technical malfunctions, leading to inaccurate printing or no printing at all. Instances of malfunctioning machines raise doubts about the reliability and accuracy of the electoral process. 
• Verification of Paper Trails: The paper trails generated by VVPAT machines, especially when there are discrepancies between electronic and paper records. It’s crucial to ensure that the physical record of the vote cast accurately reflects the voter’s intent. 
• Verifiability: The current practice of matching EVM counts with VVPAT slips in five booths per assembly constituency/segment has been criticised for not being scientifically grounded, potentially overlooking defective EVMs. 
• Susceptibility to Hacking: Concerns about the security of EVMs have been raised by political parties and civil society activists, alleging susceptibility to hacking due to their electronic nature. Safeguarding against potential cyber threats is imperative to protect the integrity of elections. 
• Voter Privacy: The current process allows for the identification of booth-wise polling behaviour by political parties, raising concerns about voter profiling and intimidation. Ensuring voter privacy is essential to uphold the democratic rights of citizens. 
• Lack of Accessibility: EVMs pose challenges for certain segments of the population, such as elderly voters or those with disabilities, highlighting the need for inclusive voting mechanisms. 
• High Cost: While EVMs aim to streamline the voting process and reduce costs in the long run, the initial investment in procuring and maintaining these machines can be significant. 

What are the benefits of the Electronic Voting Machine?

• Booth Capturing Prevention: EVMs have drastically reduced instances of booth capturing by limiting the pace of vote casting, making manipulation more difficult for perpetrators.
• Elimination of Invalid Votes: EVMs have effectively tackled the problem of invalid votes, common with paper ballots, through a more intuitive and user-friendly interface.
• Environmental Benefits: In a large electorate like India, EVMs offer environmental advantages by reducing the need for paper ballots, promoting eco-friendly electoral practices.
• Administrative Convenience: EVMs streamline the voting process, providing administrative convenience to polling officers on election day and facilitating faster, error-free vote counting.
• Random Allocation: The Election Commission of India ensures transparent and randomized allocation of EVMs to polling booths, enhancing the credibility of the electoral system.
• Mock Polls: Mock polls are conducted to showcase the accuracy and functionality of EVMs and Voter Verifiable Paper Audit Trail (VVPAT) machines before actual polling commences.
• Transparency: EVMs ensure transparency by granting candidates' agents access to EVM serial numbers and total votes polled during counting, allowing verification of election results.
• Security: The Election Commission of India has affirmed the security of EVMs, highlighting their standalone nature without external connectivity, minimizing hacking or tampering risks.

What is the Supreme Court verdict on 100% counting of VVPAT slips?

Way Forward

• The Court recognized certain concerns raised by the petitioners, particularly regarding the sealing of SLUs. Additionally, candidates are now permitted to request verification of EVM software, including microcontrollers, if there are doubts regarding the election results. 
• This marks a noteworthy change in how electoral technology is handled and scrutinised in India. Despite acknowledging concerns, the Court reaffirmed the integrity of EVMs and VVPATs. 
• The Court dismissed the necessity for full cross-verification and endorsed the ongoing use of electronic voting systems.