Section 12: Penalty for Practising Phooka or Doom Dev

Overview

Section 12 of the Prevention of Cruelty to Animals Act, 1960 specifically targets and prohibits the cruel practices of ‘phooka’ and ‘doom dev’. These are methods used, primarily on cows and buffaloes, to artificially increase milk production. The section makes these practices illegal and imposes significant penalties on anyone found engaging in them. It aims to protect animals from unnecessary pain and suffering caused by these injurious techniques.

Key Provisions

• Prohibition of Phooka & Doom Dev: The core provision explicitly forbids the practice of ‘phooka’ or ‘doom dev’, or any similar operation performed with the intent of boosting lactation through harmful means.
• Enhanced Penalties: Violators face imprisonment, which can extend to a specified period (as amended by later legislation), and a substantial fine.
• Forfeiture of Animals: The court has the power to order the forfeiture of any animal used in the commission of the offence. This means the animal can be taken from the owner.
• Definition of Injurious Means: The law covers not just ‘phooka’ and ‘doom dev’ by name, but *any* operation intended to improve lactation that causes harm to the animal.

Practical Impact

This section impacts several groups. Animal owners, particularly those involved in dairy farming, must be aware that these practices are illegal. Veterinarians have a duty to not perform these procedures and can face legal consequences if they do. Law enforcement is responsible for investigating and prosecuting offenders. Animal welfare organizations can use this section to report instances of cruelty and advocate for stricter enforcement. The section ultimately aims to improve animal welfare standards within the dairy industry.

Examples

• Example 1: A farmer is found to be using the ‘phooka’ method on his cows to increase milk yield. He is reported to the police, investigated, and if convicted, could face imprisonment and a fine, and his cows used in the practice may be forfeited.
• Example 2: A veterinarian is approached by a farmer requesting a procedure to artificially stimulate lactation, which the vet knows involves injecting a harmful substance. Even if the farmer doesn’t specifically ask for ‘phooka’ or ‘doom dev’, the vet could be prosecuted under Section 12 if they perform the procedure, as it falls under the definition of an operation intended to improve lactation by injurious means.