Former cop convicted of killing a dog

Activists hail it as a landmark victory but some say he got off too lightly by paying a fine of just Rs 2,000

A retired policeman from Bengaluru has been convicted of killing a stray dog by running over it in January this year.

CCTV footage that went viral shows Nageshaiah B K driving his Maruti Swift over the dog sleeping near his house in Hulimavu, without honking or waiting for the animal to move. The dog suffered fractures, and died of injuries 15 days later.

A former sub-inspector, Nageshaiah pleaded guilty last month. He paid Rs 2,000 in fine towards charges under Sec 429 of the Indian Penal Code (IPC) and Sec 11 of the Prevention of Cruelty to Animals Act (PCA).

The judgement came into the limelight on Tuesday when complainants posted about it on Instagram.

The fine may be small but the conviction itself is a “huge win” for street animals, they wrote. The post has clocked 2,100 likes and many congratulatory messages since.

The case was pursued by members of NGOs like Charlie’s Animal Rescue Centre (CARE), We Save Animals (WSA), and Bozo Wags veterinary hospital, and activists Manjari Chaitanya Colaco, Harini Raghavan and Anoopa Anand. They also received the support of “higher-ups” from the BBMP, the state animal welfare board and an MP from south Bengaluru.

“Otherwise, the Hulimavu police inspector wasn’t willing to file the FIR and chargesheet. The accused worked in the same police station, so there was hesitation to act against him,” recalls Aniruddha Ravindra, CARE’s animal welfare officer.

A brave neighbour defied threats and recorded her statement anonymously, Ravindra says. Not every case of animal cruelty gets support like this one, and that, Ravindra says, is “the bigger fight”. “CARE has filed at least 15 cases since 2019 but seen convictions in less than five,” he says.

Lawyer Alwyn Sebastian, who fought this case pro bono, adds, “In the last five years that I have been working for animal rights, a chargesheet has been filed in 5% or 10% of cases and only two cases have resulted in convictions in Bengaluru.”

Most cases don’t reach the chargesheet stage because of the lack of evidence or because the dog survives the cruelty and cops see no point in pursuing it. Ravindra cites another reason: “NGOs often don’t have money to hire a lawyer.”

Demand for stricter punishment

Many Bengalureans say the Rs 2,000 fine is “too little” for crimes against animals. Steep fines and longer jail terms are necessary, they believe.

“A bill to revise the current penalty under the PCA to Rs 75,000 is pending in parliament. Hopefully, it will be taken up in the coming session,” says Sebastian. He adds, “Sec 429 of IPC provides for imprisonment of five years but judges are hesitant to award that. They order a fine instead. Never has anybody been jailed for cruelty against animals in India.”

How to report animal abuse

“If an animal is being beaten or harmed, first, take care of it. Second, collect its medical reports, preferably signed by a government veterinarian. Then register a complaint at the nearest police station. If they refuse to take it, contact higher officials,” says lawyer Sebastian.