The weird case of Bestiality is coming to fore in India. The main issue is that animals do not give consent.
Bestiality in India:Historic trial for dog rapist
Mumbai:Path-breaking legal steps (injury marks, semen samples) mark attempt to nail offender who sexually abused a canine
IN the first case in India in which a crime against an animal is being treated on par with a crime against humans, the prosecution is going to tenuous lengths to prove the rape of a dog.
They are collecting semen, going to laboratories to prove force (injury marks on the private parts of the animal and animal hair in the nails of the accused; marks on private parts), used in patently non-consensual sex.
This could prove path-breaking in Indian law.
CRAZY WORLD: Rajeshwary Khanna with the bitch who was raped on Saturday night.
Some say this could also be the first time in our legal history that Section 377 of the Indian Penal Code is used in its context to nail an unnatural sexual act and not to prosecute people having consensual sex with people of their same sex.
The stray dog in Tardeo, which was allegedly raped by a taxi driver, exhibits how the authorities are still unclear how to handle bestiality.
On the first night, the police were not sure if they should lodge the case and find a section to charge the accused.
Eyewitnesses and medical reports of the bitch and the accused are the only evidence on which the Tardeo police will have to base their case against rape accused Mahesh Kamath.
The victim's testimony is crucial, but there is naturally no chance of recording the dog's statement.
The police and law experts, who have never heard or represented such a case, say the case will be based on eyewitnesses who have seen the act.
The other most important evidence will be the medical reports. The police have asked for medical expert Lt Col (Dr) J C Khanna, secretary of Society of Prevention Cruelty to Animals, to prove the crime.
A Tardeo police official said, "We have heard of man raping a minor girl but this is horrible.
This is the first time we have heard about such a thing." Police officers are also in search of more eyewitnesses who will make the case stronger.
"Kamath is in custody till September 2 and will be applying for further remand on Wednesday," said the officer.
He has been booked under Section 377 of the IPC and Section 12 of the Prevention of Cruelty to Animals Act.
Animal activists, law experts and champions of gay rights react:
Raj Panjwani, environment and animal law expert from Delhi: "This is unbelievable. Such a case has been registered for the first time.
The outcome will depend on medical reports and eyewitnesses. It is great that the woman has registered an FIR. You never know if the Act will be amended to include rape of a dog."
Anuradha Sawhney, head of PETA India: "He [the accused] needs to be taken to a psychiatrist. People who commit such a crime are mentally ill. They should be severely punished.
There was a similar case registered against a man in Delhi for raping a buffalo."
Vikram Doctor, gay activist: "It's simply wrong because of the issue of consent. Animals can't give consent to what people do to them.
Children can't give consent for being minors. An adult man who is raped by another man is being forced against his consent. So, how can these be linked to two adult gay men who have sex with each with their consent?