VIOLATION OF ANIMALS’ RIGHT IN INDIA
Author: Praveen Kumar Ravani
Co-Author: Shubham Kumar
Lloyd Law College, Greater Noida.
Animals and birds are important in human life, they maintain the natural balance between human life and the environment. Every day, violation of animal’s freedom and their right happened around us, but our rules, laws, and government authorities seem to fail to protect them. A pregnant elephant was died after eating cracker filled fruit explodes in her mouth, on 26 may, 2020 a cow’s mouth was injured after ate a firecracker in wrapped in wheat dough in Himachal Pradesh, Monkey was beaten and hanged up in the tree after enters in a house in search of food in Telangana, A dog in Kerala found its mouth sealed with a Tape, Ships hitting many whales at the coast of Gujarat and many more incident that shaming the humanity. Article 21 of the Indian constitution provides the right to life and live with dignity to everyone. For the protection of animals, we all have to stands against social practices and norms. This research paper focuses on animals and their right and the main emphasis on the violation of animals’ rights and freedom. This research paper starts with an introduction that talks about animal rights with some definitions. The next topic of this research paper is history that talks about how animals right emerged in our society. After that, in this paper, we will talk about the current situation in India regarding some incidents and, the law regarding the protection of the animals in India, and the government and NGOs that work on it. After that, we analyze Landmark’s judgment on the protection of animals and wildlife. In the end, this paper ends with a conclusion and suggestion.
1. The main objective of this research is to find out why the violation of Animals’ Right happens in India?
2. To study the timeline emergence and evolution of Animals’ Right.
3. To analysis the important judgment regarding Animal and environmental protection.
4. To discuss the role of NGO’s and the Government of India in the protection of Animals.
1. Why did the cruelty against animals not stopping? And What could be the reason behind the lack of protection of animals’ rights?
2. Why did people lose the moral when we come to talk about Animal protection?
3. Why did government authority are failed to protect the animals?
On the basis of the Research Objective and Question raised the following hypothesis have been drawn for conducting the research:
India is a very diverse country in aspect of area, language, culture, etc., many times, if we see there are lots of cases, happened among us regarding animal cruelty. There are many law and provision under various statutes that talk about animals’ protection but when it comes to actual protection, seems to fail. As pertaining to the latest case in Kerala with elephants and many more cases tool place in our daily life. So that research on this issue is needed.
Basically, there are two methods of research, that is doctrinal and non-doctrinal methods of doing and conducting research on any topic. The doctrinal method is mainly used for emphasis to conducting research by analysis and finding of materials available in the library and books, it is mainly depending on the secondary source of data. Whereas non-doctrinal research is depending on the primary source of data.
For doing this present research we followed the Doctrinal method so that we collected data from secondary sources such as news articles, government websites, magazines, etc.
Animals and birds are important in human life, they maintain the natural balance between human life and the environment. Every day, violation of animal’s freedom and their right happened, but our rules, laws, and government authorities seem to fail to protect them. Article 21 of the Indian constitution provides the right to life for everyone. This research paper focuses on animals and their right and main emphasis on violation of animals’ rights and freedom. This research paper starts with an introduction that talks about animal rights with some definitions. The next topic of this research paper is history that talks about how animals right emerged in our society. After that, in this paper, we talk about the current situation in India regarding some incidents and, the law regarding the protection of the animals in India, and the government and NGOs that working on it. After that, we analyze on Landmark’s judgment on the protection of animals and wildlife. In the end, this paper ends with a conclusion and suggestion.
Every minute, an animal gets abused whether physically or mentally. Animal cruelty and animal abuse can be executed in many different ways but the common thing is the output. For the protection of these animals, there are rights introduced by the constitution. Animal rights are certainly the rights that provide them with the liberty and therefore the right to be freed from human violence, illegal use, and exploitation, but there lies may be confusion about what meaning. Animal Rights are not about prioritizing animals above human beings or providing them with the same rights as that human beings. Provided that animal rights differ from animal welfare to many animal rights activists, animal rights are stranded in a rejection of speciesism and understanding that animals have sentience i.e. the ability to suffer.
According to the US Legal definition, An Animal Right is a thought that aims to supply humane treatment to the animals. this suggests that exploitation shouldn’t be finished for human purposes and therefore the interests of non-human animals should tend to an equivalent consideration as human interests. The doctrine of animal rights states that no experiments should be done on animals, no breeding and killing animals for food or clothes or medicine should be performed, no use of animals for hard labour work, nobody has right to hunting animals, no use of animals in entertainment purpose in zoos.
Animals, in the lifestyle of human beings, play an important role. Whether on the field, at home, or any other place, they serve as a companion source of livelihood, inspiration, food, and clothing, etc. to human beings.
Animals are responsive creatures who are subjective of a life they feel liking and hurt, experience sentiments and feelings, expect, learn, and what occurs to them, matter to them unlike what occurs to a lifeless material or a pebble. Thus, if it is argued that humans deserve rights, it would be justified to say that animals also do deserve rights and freedom. Animal interests, though, are not all the time similar to that of human interest, therefore, the assortment of rights that animals shall get is not the same as the assortment of rights that humans have. Animal sacrifice in India, commonly referred to as “Bali” as deities, has often emerged as a sensitive and tickling issue of pleasing gods and deities with religious beliefs and it is due to linked ancient practices. However, no religion in the world is a force anyone to violence or kill animals. The cruelty against animals is not taken as a serious offence as any other against a human. India, being a country holding a second position against laws for animal cruelty globally, doesn’t justify the crimes the people do. The cases of animal cruelty not only happen to wild animals or street animals. They also take place against the pets. There is an immense number of cases of domestic violence against animals too. The animals too get raped by people and ten are brutally killed. Despite having many acts and laws against the crime of animal cruelty, people don’t seem to take the laws seriously. The government needs to make laws much more serious.
2. Historical development of Animal protection Laws
2.1 During Ancient India
In early ancient India, people used animals for many purposes are in farming bulls are used for pulling the harvesting plow, dogs are always with farmers as guards. The Vedas and scripture of Hindu Dharma promoted non-violence in the protection of living beings. Animal brutality in Brahmin society was very less because they were mostly vegetarian and don’t believe in sacrifice in religious ceremonies. But in the lower caste people who don’t have the right to do farming are usually do Hunting. The concept of “non-injury” to animal at that time seem to keystones of their ethics. Hindu people believe in the concept of transmigration and rebirth, that your previous work and action decide the hell and heaven. This theory says that you with become that animal which you harm in this born life.
According to Jain beliefs of thought, the universe was never created, nor will it ever exist. It is interminable but not immutable since it undergoes an everlasting series of circles (cycles). Jain considers that reality is formed by two eternal principles called jiva and ajiva. Jiva means infinite numbers of identical spiritual units, whereas ajiva is the matter in all its forms and condition. Jains are strict vegetarians and beliefs in the concept of Ahimsha. Jain will change the path, not to arm the small insects unknowingly. Jain also built a small kennel for animals and feed them until they die naturally.
In Buddhism, it is a faith and theories that originated from the philosophy of Gautama Buddha, who lived within the sixth century before Christ. The Buddha educated four important truths: that there’s sorrow, there’s a cause for that sorrow, there’s the associate degree and to its sorrow, and there’s the simplest way that ends sorrow. According to, the law of destiny in Buddhist teaching says that for each event that happens, and follow other phenomena that existed as a result of the primary, which another event would be pleasurable or abominable as a result of its cause was efficient or inefficient. Therefore, Buddhist philosophy state that people who do violence and suffer for living things can expertise constant suffering at some purpose within the future. The Buddhism view on animals’ beings is portrayed within the zakat narrative (Buddhist text). Most Buddhists monk don’t eat meat so that they more robust life and welfare of animals as well as healthiness. Buddhists mustn’t get any friendly relationship with animals, mustn’t hunt animals, and plenty of Buddhists should purchase and unharness life to ease suffering.
2.2 Islamic Era
Islamic religion educates us that Allah has given people authority over the animals. Therefore, ill-treatment of animals is disobeying the will of Allah. Under Islamic religious philosophy, people believed that the world pertains to Allah and people are responsible for their behaviour regarding animals. As defined in Christianity and Judaism, it is taught that everything a person does is knowing God / Allah. As a result, it is considered as a wrong act that hunt animals only for pleasure and their skin, to provoke them to act unnaturally or to manipulate them needlessly. According to teaching of Prophet Muhammad, animals should only be killed if it is out of necessity with needfulness and to do so is a sin. The composition of some constituent of the dominion of animal is stated with the aim of reflecting on the divine benefits that humans derive from them mentioned in the Quran.
2.3 British Era
During British era, Animal experimentation in the Asian nations within the decennium once Great Britain introduced new medication into the colony. Traumatized by the suffering of the Indian stray animals, the Colesworthey Grant established Society for the Prevention of Cruelty to Animals (SPCA) in 1861 in Calcutta. Within the decennium, the SPCA with success upheld the Anti-Cruelty Act, which was extended throughout the Asian nation in 1890–91. AN obelisk was put in memory of right ahead Colesworthy.
During the racist campaign that grew in Great England, it did not gain an edge in the Asian nation. each British officer and (British-led) SPCAs in opposition of the Cruelty to Animals Act in 1876 – that instituted laws on animal Experiment and exertion for the Indian society.
The cow protection movement arose in the North Asian nation in the late 1800s. While the SPCA movement was light by the colonists and related to Christianity, cow protection was the first Hindu movement. Cow guards opposed the slaughter of relatives and provided shelter and protection for cows. However, cow safety was mostly a demonstration of Hindu nationalism rather than the Indian animal welfare movement. Cow conservationists, however, did not opposing the use of animals in general as well as usually and died within eighteen-nineties due to lack of interest from established antivarist teams in the Asian nation.
3. Evolution of Animals’ Right
Ever since humans emerged as predators and grew into members of agriculture-based developed societies and groups, they have been interacting with animals either as the target or as trained species. With the process of training, many cultures around the world developed codes, laws, and regulations that dispensed with those animals considered culturally important.
For the protection of the animals, this movement was started within the late 19th century when the American Society for the Prevention of Cruelty to Animals (ASPCA) was established, alongside the American Humane Association. within the 1950s the American Welfare Institute and thus the Humane Society of the us (HSUS) were established.
The first federal animal protection law within the 1950s, the Humane Slaughter Act, was passed with an aim to avoid unnecessary suffering to field animals. The act of cruelty can’t be defined by any level of it, however, in earlier times, the cruellest treatment executed was within the laboratories. The experiments were to be done on the animals. So, to safeguard the animal life from these experiments, U.S. law forbidding cruelty to animals in laboratory locales was passed in 1966, the Animal Welfare Act needs basic humane conditions to be preserved for animals in testing facilities. Eventually, within the 1970s and 1980s, the fashionable animal rights movement emerged. It led to an enlarged awareness and responsiveness of animal beliefs by consumers and corporations.
3.1 Animal Enterprise Protection Act (AEPA)
In 1992, an act-the Animal Enterprise Protection Act (AEPA)was passed to protect the industries against the growing number of powerful attacks by animal right extremist ,and results due to apparent in sufficient safety and security from state and central laws which protects the services produce at these enterprises (civil liberties Defence Center 2012) After additional animal right activity in 2003, it was argued that the existing law has not provided adequate prevention from animal right threat and targets of those associated with animal enterprises.
3.2 The Prevention of Cruelty to Animals Act, 1960
The Prevention of Cruelty to Animals Act, 1960 restrict an individual to instigating, inciting, causing unnecessary hurt or misery to animals. The enactment makes it a criminal offense to beat, torture, kick, humiliate, consume any poison, or brutally killing an animal. This is also an illegitimate to work an over driving, over riding, over loading, or unfit animal. It’s cruel transport, chain, or crime to killing an animal. It is an illegal to negotiate animal fighting or shooting competitions, during which animals are shot from captivity. An owner is responsible for an offense if he failed to provide adequate food, water, or shelter, improperly relinquishing any animal.
4. Current situation in Country
The graph of animal cruelty in no way is decreasing in India. Day by day, the cases of animal cruelty are increasing. The most recent cases amid lockdown include elephant killing with explosives, crackers burnt in cow’s mouth, and many more.
In Kollam district of Kerala, a 10-year-old elephant was killed by three people with explosives. They filled a fruit with explosives. But merely according to the media reports, the fruit was kept there for the wild animals and not for the elephant. This case was one of the cases that go unreported. This case came to limelight when a similar case of killing a 15-year-old pregnant elephant came up on May 27. In this case, the elephant mistakenly ate the explosive-filled coconut, the explosives burst, and the pregnant elephant died in immense pain. The animal cruelty cases don’t take a pause on these ones. There are many more severe cases that have taken place against animals which are horrible and immensely painful. India is not the only country to face these cruel practices. On 26 may, 2020 a cow’s mouth was injured after ate a firecracker in wrapped in wheat dough in Himachal Pradesh, Monkey was beaten and hanged up in the tree after enters in a house in search of food in Telangana, A dog in Kerala found its mouth sealed with a Tape by an unknown person, Ships hitting many whales at sea coast of Gujarat, these are some incidents that happened every day around us.
In England, 2010, a horrible case took place when a black and white cat was put in a microwave oven for 10 seconds and then shoved into the laundry dryer. The cruelty of the person didn’t stop here, the cat was the dunk into a bowl of water. The incident was also filmed by two teenage boys and a middle-aged man. The three were then charged for animal cruelty. These are not the only cases of cruelty, the list for the animal cruelty cases is uncountable. Every day, uncountable animals suffer to this cruelty and the case goes unreported.
Though the government has introduced many acts and laws forbidding animal cruelty practices still people do practice them and execute various illegal practices and cruel practices. The most common problem that acts as a hurdle for the government is that there aren’t enough people raising their voice for animal rights. If every person started to look at animals as their fellows, companions who share our planet and resources, we would get far lesser cases of cruelty toward animals.
Accordingly, in an index released by the International animal welfare charity, India grabs the second position globally with a C ranking. But on the other hand, India still needs improvement in its laws and needs improvement in the organizations for protecting the animals. The cases are no less in accordance with the rank it has attained. India, for being a country with zero animal cruelty cases must have more strict laws and acts forbidding the exploitation of the animals.
Sweden, the United Kingdom, and Austria come with the strongest animal rights violation laws. And consequently, they are also considered among the eight countries which have fewer cases of animal cruelty as compared to India.
5. Sales and Consumption of Animals
India is largest country in the matter of meat consumption. The majority of meats consumed in India are fish, goat, poultry, mutton and bovine. One study found that urbanization is associate increasing demand for meat merchandise. Bharat is that the world’s second largest businessperson of beef. In India, ninety fifth of the goat meat made is consumed domestically. Meat consumption, specifically, is decided by religions wherever pork is proscribed to Muslims, and beef is prohibited to Hindus. the selection and consumption of chicken meat is thought of a universal development and chicken meat is way accepted by customers as compared to different meat in Bharat. the rise in chicken meat consumption is because of the meatiness of meat, comparatively low price compared to different meat, and also the acceptance of chicken meat to any or all religions.
5.1 Meat Consumption
In animal foods, meat is taken into account extremely alimentary and has become a vital part of the human diet that could be a made supply of valuable macromolecule, vitamins, minerals, micronutrients, and fats. Meat consumption is believed to produce omega-three fatty acids and conjugated linoleic acids that increase versatile nutrients for human health. the design of meat cookery in Bharat is totally different from that of different countries, as their preparations embody a lot of spices, peppers. Most of the meat consumed in Bharat is fish, bovine (cow and buffalo), mutton, goat, pig, and chicken.
In 2012, Indian shoppers purchased fur merchandise price concerning Rs.8 billion (about United States $ 129 million), this numerical data is projected to extend to thirteen billion (about United States $ 195 million) by 2018. Most of those merchandise area unit equipped by domestic producers.
The Anti-Cruelty Act 1960 of India constituted the Committee towards Experimentation and Use for Animals (CPCAA) to regulate the use of animals. The 2003 evidence from Animal Guardians International by CPCSEA and the supporting evidence provided by UCK at time of examination of about 467 Indian laboratory institutes, the National Anti-Vivisection Society found “a high general inspection of animal care in most facilities”.
6. Law regarding the protection of the Animals
There are many laws that provide freedom to Animals and make sure that their right can’t be violated. The concept of protection of animals is inscribed in written form, but once we mention actual work, it seems to be a failure. India’s government, for the cover of animals from the cruelties for humans, enacted many acts and laws. According to the Constitution of India, the citizen of India has a fundamental duty to respect and treat all living beings for the life and welfare of beings.
According to Article 51A (g) of the Indian Constitution, it’s a fundamental duty of a citizen of India, to protect and improve the natural environment including forests, lakes, rivers, and wildlife, and to possess compassion for living creatures. This Article of the Indian constitution clearly mentions that it’s our duty as a citizen of this country to form sure that no to harm animals, wildlife, and any natural resources. Article 48 of the Indian Constitution also prohibiting the slaughtering of cows, calves, other milch and draught cattle and gave direction to the farming organizer to preserving and improving the breeds of animals. According to the 11th schedule of Article 243G of the Indian Constitution, the Panchayati Raj Institution has been empowered with the responsibility and duty to affect problems related to wildlife.
6.2 Acts and Statutes
The Prevention of Cruelty to Animals Act was acted in 1960s, the foremost aim of this law is to prevent and for the aim of amending the law concerning the prevention of cruelty to animals and concerning the outbreak of unnecessary pain or suffering on animals. After the enforcement of this Act, the Animal Board of India was formed to plug animal welfare and protection. this is often one of the vital laws that protect animals but nowadays it seems to be a failure. Section 11 of the Act states that, if a person kills, beats, tortures, over-rides, drives, overloads, is the owner, any such unqualified animal is so Allows to work, wilfully and improperly administer any poisonous drug or injurious substance. For any animal, being the owner fails to provide adequate food, drink or shelter to the animal, will be booked under this section.
The Wildlife Protection Act, 1972 stated that the act provides safety and security to wild animals, birds, and plants, also securing the environmental and ecological security of the country. This act protecting and controlling poaching, smuggling, and illegal trade of animals. This act has the target to provide protection to species, flora, and fauna. This Act was amended in January 2003 and made the penalty and punishments more stringent for offenses under this Act. Section 38J of this act says that feeding, teasing, or interrupting the animals during a zoo and littering the zoo mansion is an offense punishable by a fine of Rs. 25000 or imprisonment of up to three years or both. The Act empowers the central and thus the state governments to need decisions related to any areas as a wildlife sanctuary, park or take any decision related to any trading therein area, etc.
6.3 Indian Penal Code (IPC), 1860
According to Section 428 of the Indian code, whoever shall kill any animal or animal useful of ten rupees or more by slaughtering, poisoning, handicapping or making it unusable, shall be punishable with imprisonment of either kind, the term could even be up to 2 years, or with fine, or with both, to be punished. And under section 429 of Indian code, whoever commits poisoning, killing, maiming or rendering useless, any mule, elephant, horse, buffalo, camel, bull, cow or bull, whatever, may have value, of the other animal of the price of fifty rupees or above. Imprisonment is often punished for either a term, which can be up to five years, or with a fine or both.
6.4 Organization and Institution
There are many NGO and Governmental and Non-Governmental organizations are working for the prevention of animals and protecting wildlife. The objectives and functions of some NGOs and organizations are described below.
Animal Welfare Board of India is that the most leading government body of India that knows for shielding wildlife and animals of the country. the most role and performance of this board is enforcing legislation for the prevention of animal cruelty in India and suggest the Government of India on the framing of law regarding this act with the aim of protecting from unnecessary pain or suffering to animals with whatever possible step are often possible to promoting animal welfare by lecturers, books, posters, cinematographic exhibitions, and media.
FIAPO (Federation of Indian Animal Protection Organisation) was established in 2010 with the aim and idea to change the lives of animals across India through research, education, training, mobilization, lobbying and protest. This organization did national campaigns, to make sure that they save and protect countless animals from mindless suffering. Wildlife Institute of India is another government organization established in 1982, that works for wildlife research and management. This organization also did an awareness program on various environmental issues.
7. Universal Declaration on Animal Welfare and Right
There are some ways during which animal abuse or neglect causes issues for human health. Conversely, animal care will reduce risk and increase the edges for humans. The most important downside is that the geographic area appears between animals and humans (zoonos). Some such diseases last longer, such as rabies, which affects wildlife, dogs, and humans.
Attitude and behavior towards animals is an important aspect of personal, social, and moral development. This is often partly because they do not dissatisfied with people’s attitudes and behaviors to each other, however, overlap with those. It has been recognized by philosophers for a minimum of 200 years up to the present time. The nationalist leader stated that “the greatness of a nation and its moral progress are often seen through class treatment of its animals”.
World Animal Internet (WAN), the collaborative animal welfare organization, had a very powerful voice for the animals within the United Nations since 2001. During this state of consultation with NGOs, the Economic and Social Council (ECOSOC), they readily interact with world leaders. At a very good level. To raise awareness and urge purposeful action on necessary animal protection matters. The United Nations focuses on support and efforts, however, not limited to animal welfare, only restricted development, conservation of species, the advancement of human education, official identification of World Animal Day, and universal declaration of animal welfare.
In 2015, the United Nations General Assembly adopted its first resolution on life trafficking. The resolution called on countries to take action on each provision and to prevent, counter and combat illegal changes to life and life product, together with stronger legislation, social control and criminal justice responses.
In 2006, World Migratory Birds Day is a collaborative annual awareness day that emphasizes the need for conservation of migratory birds and their habitats. The United Nations’ call for diversity seeks to contribute to the protection of species as well as a strategic set for diversity.
The relationship of excellent animal welfare and health to property development is acknowledged elsewhere like the Food and Agriculture Organization (FAO), the Globe Animal Health Organization (OIE), and the World Health Organization (WHO) in 2010 to share responsibilities Activities to deal with health risks in the agreement animal human-system interface.
Recently the World Organization Committee on World Food Security planned draft recommendations on property agricultural development for food security and nutrition, along with the role of placental mammal.
In 2013 United Nations General Assembly was founded a day by as an annual festival of the world’s wild flora and fauna, with the United Nations Secretariat as its chief producer. It is commanded annually at the United Nations Headquarters in New York with high-level events and Geneva focuses on an important topic. In 2020, the topic “Sustaining Life on Earth” includes all plant species and wild animal as main parts of the world’s biological diversity. the World Organization Environment Program (UNEP), World Organization Development Program (UNDP), and the CBD, and Secretariat with the help of key partners with the can embossing the peculiar place of life within the world’s abundance and its great worth to mankind.
8. Initiatives by Indian Government
It was only a fable that showed the category of animals within the country. Essentially to diversity, India has one of the world’s seventeen super variations and accounts for 7.6 percentage of all mammals, 12.6 percentage of birds, 6.2 percentage of reptiles and 6. 0 percentage of species of flowering plants. The nation has one of the world’s most populous regions and includes 35 populous hotspots, such as the Jaap Range, the Western Ghats, Nicobar Islands and the Indo-Burma. The country’s existence has been protected in 26 wetlands, 120 + national parks, 515 wildlife sanctuaries, and 18 bio-reserves, in which 10 are part of the World Network of Reserves. Clearly, this vast diversity of Lands requires conservation, and internally, preservation may be an essential life.
8.1 The Project Tiger, 1972
Project Tiger, one of the leading successful conservation companies, which was founded back in 1972, has contributed to the preservation of the entire system, not just tigers. The project is supported by the Ministry of Environments and Forests. Regarding forty-seven tiger reserves situated in additional than seventeen areas as well as James John Corbett parkland and Ranthambore parkland are a part of the project, that assesses tiger numbers, their environment, searching habits beneath the superintendence of the Tiger Task Force. The Project Tiger has seen important development within the reconstruction of the environment and will increase in numbers of the tigers within the reserve areas, from a scanty 268 in nine reserves in the year 1972 to higher than 1000 in twenty-eight reserves in year 2006 to 2000+ tigers in year 2016.
8.2 Project Elephant, 1992
Project Elephant was launched in 1992 by the Central government of India, which has the objective to protect elephants and the environment, also migration paths by the implementation of scientific and planned management. This project additionally considers problems like the welfare of domestic elephants, mitigation of human-elephant conflict. The project seeks to strengthen elephant protection against predators and measures for unnatural death.
8.3 Crocodile Conservation Project
This is another fruitful undertaking by the government. To save India’s ‘Indian crocodiles’, whose species once stood on the brink of extinction. Among a wide number of linked areas, the project contributes successfully to conservation. The key goal of the crocodile reptile project is to protect the remaining crocodile populations and their natural environment through the establishment of sanctuaries; the captive breeding market; the enhancement of management; and the participation of core individuals within the project. It is noteworthy that 1500 saltwater crocodiles, 4000 gharial/crocodiles, and 1800 Maggars / crocodiles will be recruited at the start of the Crocodilian Reptile Protection Project.
9. Landmark Judgements on protection of Animals
The court has an important role in protecting animals and wildlife. Court gave their landmark judgment as time passes. We are in an era where people less care about the animals and gave less importance to protecting the environment and nature. Here some landmark judgment that gives power to the Animals right, fight against animal violation and strengthen the laws.
In the case of, Animal Welfare Board of India vs. A. Nagaraja and others, a landmark judgment by Supreme Court was passed on banning the practice of Jallikattu (the bullfighting festival which was celebrated in Tamil Nadu). On the 6th of November, the Supreme Court pursued a reply from the Tamil Nadu government on a plea against PETA (People for the moral Treatment of Animals), which challenged the state law. PETA also held that the bull-taming sport is against the law in the state and thus plea to ban it. Further, it alleged that Jallikattu shall be banned because it’s going to be a sport promoting and depicting animal cruelty.
In 2014, the judgment held that bulls shall be used as performing animals, for festivals like Jattikattu or bullock-cart races in Maharashtra, Tamil Nadu, or anywhere within the country. The Court banned the use of bulls all across the state. It was also said that article 21 of the constitution of India could be applied to the animal’s life as well. As they also reserve the right to life and they too shall not be deprived of living and accessing their personal liberty. Animals also have respect and dignity that cannot be denied arbitrarily.
In the case of, Ramesh Sharma vs. State of Himachal Pradesh & Ors, the issue raised during this petition is about the slaughtering of thousands of animals within the name of spiritual sacrifice. the supreme court of Himanchal Pradesh marked judgment as no one shall sacrifice any animal or bird in any holy worship anywhere in the State of Himachal Pradesh, and Animal sacrifice can’t be considered fundamental to following religion and practice.
In another case, Gauri Maulekhi vs Union of India and Ors, a petition was filed on illegal transportation of animals. At the Gadhimai Festival on 28-29 November, the Apex Court of India issued an interim order, ordering to the Union of India to prevent the unlawful movement of animals across the border from India to Nepal. it had been found that animal movements violated India’s Export-Import Policy and Foreign Trade Act (Development and Regulation) Act 1992, which expressly prohibits livestock and buffalo in restricted exports and legally exporting them, and a license is required for transportation of animals.
In the case People for Animals Vs. Mohazzim and Ors. the Court observed that running the business of birds’ transportation and selling or purchasing may be a violation of the rights of birds. Birds also have rights, including the right to live with dignity and cannot be subjected to cruelty. All birds have the basic right to fly within the sky and each one human have no right to remain in small cages for his or her business purposes. All the animals have right to measure their life freely without violation of freedom and dignity. The court in the above cases gave their valuable observation to guard the animals and wildlife.
These are some important judgment that actually protects the animals and stands against social practices and norms.
10. Conclusion and Recommendation
Many laws have been made about the protection of animals and their freedom, but this has not been implemented properly. Whenever it comes to human security, laws are also broken and rules and laws will also be enforced. Surprisingly, people talk about the safety of animals and forests, but when it comes to doing so, people back off.
It is important for the courts to follow the principles reflecting a ideals representation while decoding the provisions of statutory acts and laws. To end the present, a. Nagaraja’s choice disappears in its results. A purely rights-based approach must be adopted to achieve animal welfare, although also inconsistent with the necessary assumptions concerning rights, however, this is an impractical thanks to settling the case, namely, the protection of animals under the law. It is unlikely to have the effects specified as a struggle to grant animal rights.
Is likely to arise with existing human rights. Therefore, in Indian jurisprudence and constitutional law, the correct solution is one that already exists, which becomes an immediate and constructive human obligation. This strategy means that the court’s field unit is equipped to understand the laws of animal care and protection in the language of humanity and dignity, but there is no disagreement between them.
Cruelty to animals is not considered a serious crime for humans. Cases of animal cruelty are not only of wild animals or street animals, but they also take place against pets. There are a large number of cases of domestic violence against animals. Despite many acts and laws against the crime of animal cruelty, people do not take the laws seriously. The government needs to make the laws more serious and, lawmakers also need to toughen the punishments. To protect and prevent crimes against the animals, we all need to come together and help the animals and protect their lives. Relying just on laws won’t help the government in any way. We can help the animal life by providing them shelter, food, and protection. Our society needs a mental change, a change that goes through our thinking and prevents atrocities against animals. We have to change the thinking of society, people have to adopt animals. The government of our country will also have to run the mission to save the animals and all the institutions which take the responsibility of protecting the animals will also have to keep working for the animals to escape and their freedom. In the last I would like to say that the change starts with me, you and this society.
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