ALL CREATURES GREAT AND SMALL

Petitions have been filed in various courts regarding "harm" done to non-human objects, be they dogs, cows, trees or rivers. Should they be seen as frivolous pleas which waste the court's time?

- Shivam Sharma and India Legal Bureau

'"NO doubt, a dog/cat is treated as a child or as a family member by their owners, but basic biology tells us that they are not human beings." The Bombay High Court made this observation while quashing an FIR under Sections 279, 337, 429 of the Indian Penal Code; Section 184 of the Motor Vehicles Act, 1988 and Section 11(a)(b) of the Prevention of Cruelty to Animals Act, 1960.

The accused/petitioner was 20-year-old final year student of Diploma in Electronics and Telecommunication. At the time of the incident, he was 18 and working as a delivery partner in Swiggy. The incident took place on April 11, 2020 at about 8.00 p.m. The complainant was then feeding stray dogs at Marine Drive and alleged that the accused person's bike hit a street dog, injuring it. The bike, meanwhile, skid about 40m and the accused also fell and got injured. Following this, the complainant lodged an FIR against him.

So, what do the various Sections of the IPC deal with? Section 279 deals with rash driving. It says: "Whoever drives any vehicle, or rides, on any public way in a manner so rash or negligent as to endanger human life, or to be likely to cause hurt or injury to any other person, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both." Section 337 says: "Whoever causes hurt to any person by doing any act so rashly or negligently as to endanger human life, or the personal safety of others, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both."