The Delhi High Court told the Central Government to look into a petition asking for urgent laws to stop sexual violence against animals. FIAPO says animals are now legally unprotected after Section 377 was removed from Indian law.
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NEW DELHI: The Delhi High Court on May 28 requested the Central Government to treat a petition filed by the Federation of Indian Animal Protection Organisations (FIAPO) as a formal suggestion. FIAPO had urgently asked for a new and specific law to punish people who commit sexual crimes against animals.
This demand came after the full removal of Section 377 from the Indian Penal Code due to the introduction of the Bharatiya Nyaya Sanhita (BNS), 2023. Earlier, Section 377 was used to take legal action in cases involving sexual abuse of animals.
FIAPO’s petition explained that while the Supreme Court’s 2018 decision to allow same-sex relationships was right and progressive, removing Section 377 completely has also accidentally removed legal punishment for sexual acts with animals. Because of this, animals no longer have any legal protection from such abuse.
The petition clearly said that now there is a “legal vacuum” in India. Earlier, animals were protected under Section 377 if they were sexually abused, but now, with that law gone, nothing is left to stop or punish such cruelty.
FIAPO also shared that they have tracked around 50 serious cases of sexual abuse involving animals across India. These include farm animals, pet animals, and even wild ones.
In April 2025 alone, three horrifying cases were mentioned:
- In Delhi’s Shahdara area, a man was arrested for allegedly raping multiple dogs.
- In Saket, Delhi, a pet dog was found unconscious on the street and later died, and a condom was recovered from the dog’s private parts.
- In Coimbatore’s Temple Town, a construction worker was caught sexually abusing a dog.
Despite the seriousness of these events, the Delhi High Court said it would not interfere with the law-making process. But the Court asked the Central Government to look into this issue quickly and make a decision “in a time-bound manner”.
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This case highlights the urgent need for India to update its animal protection laws. With the old law (Section 377) gone, there is no clear rule left to punish people who sexually harm animals, and this gap in the law could lead to more such brutal acts.
Section 377 of the Indian Penal Code (IPC)
Section 377 of the Indian Penal Code (IPC) was a colonial-era law introduced by the British in 1861.
It dealt with “unnatural offences” and was used for more than 150 years in India to criminalize certain types of sexual activities.
What Did Section 377 Say?
Section 377 said:
“Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished…”
In simple words, this meant:
- Any sexual act that was considered “unnatural” (not for reproduction) — even if it was consensual — could be punished.
- This included homosexual acts, oral sex, anal sex, and bestiality (sex with animals).
Punishment Under Section 377
- Jail time: Up to 10 years, or even life imprisonment
- Plus a fine
Why Was Section 377 Controversial?
- Used to target LGBTQ+ people:
Although the law included sex with animals, it was mostly used to criminalize gay and lesbian relationships, even if they were consensual and private. - Violation of privacy and human rights:
Activists and citizens said this law went against the right to love, freedom, and privacy.
What Happened in 2018?
In September 2018, the Supreme Court of India made a historic judgment. It decriminalized consensual same-sex relationships by reading down Section 377.
The Court said:
“History owes an apology to members of the LGBTQ+ community.”
So, after 2018:
- Consensual sex between adults, including same-sex couples, became legal.
- Sexual abuse against animals was still punishable under Section 377.
What Changed in 2023?
In 2023, India introduced a new criminal law code called the Bharatiya Nyaya Sanhita (BNS).
In this new law:
- Section 377 was fully removed.
- But no new section was added to protect animals from sexual violence.
Current Issue:
Now, there is no specific law in India to punish sexual crimes against animals, which were earlier covered under Section 377.
That’s why organisations like FIAPO are asking the government to bring a new law to protect animals from such abuse.
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