Animal protection rights in India

Abstract

This article provides a deep discussion about the plight of animals in a multi-diverse country like India. We shall discuss the legal framework and mechanisms governed by the respective nations towards animals. India’s approach is influenced by many historical and religious factors with an emphasis on the improving animal welfare in the recent past.

Introduction

India is one of the most bio-diverse regions in the world with world’s 36 biodiversity hotspots. It is the home to various animals including the Bengal tigers to Great Indian Rhinoceros. Animal protection is the fundamental duty in the Indian Constitution and there are several welfare legislations in India like Prevention of Cruelty to Animals Act 1960 and Wildlife Protection Act 1972. At an international level, the World Animal Protection has developed Animal protection index in which 50 nations have been evaluated based on their animal welfare policies. The Indian constitution states that, in recognition of the sanctity of life, it is the citizens’ fundamental duty to preserve and respect animals with dignity. This essay’s primary focus will be on the statutes and laws relating to wildlife conservation.

Background

Animals have long been an essential part of Indian culture, where a great number of domesticated and wild animal species are respected and appreciated. Over time, humans have expressed a range of opinions toward animals. The Vedas, which are regarded the fundamental writings of Hinduism, promote non-violence and ahimsa toward all living beings.
Vegetarianism and the rejection of animal sacrifice have become quite popular, much like Buddhism and Jainism. Meat consumption was nevertheless common in the past.

The British also shown that they respected the rights of animals. British Colesworthy founded the first Indian association in Calcutta in 1861 with the goal of ending animal abuse. Following this, in the late 1800s, there were several campaigns in northern India against the slaughter of cattle. (arora, 2022)

Cruelty to animals is illegal after independence according to the first animal welfare law, the Prevention of Cruelty to Animals Act, 1960. There are provisions in the Act for scientific experiments as well.

Case laws:

Animal Welfare Board v. A. Nagaraja & Ors (2014)

The Honorable Supreme Court decided in the Animal Welfare Board’s (AWBI) favor in this case. Additionally, the court determined that Article 51A (g) of the Indian Constitution is the Magna Carta of Animal Rights, extending to all living things, including animals, the Right to Life guaranteed by Article 21 of the Indian Constitution.

Naveen Raheja v. Union of India (2001)

The matter at hand concerned the skinning of a tiger in an Andhra Pradesh zoo. When the Court learned the case’s situation, they were completely taken aback. Whose job it was to keep them safe and secure? The tiger received no protection from them. The Apex Court argued that calling the head of the central zoo administration to appear before the court and explain the steps being taken to safeguard and maintain the tiger species in zoos and reserved forests was absolutely required. The court then issued the directives pertaining to tigers’ preservation. (ahmad, 2017)

Laws for protecting animal rights

The Indian government passed numerous laws to protect the interests of animals. Since animals lack a voice, the legislation has placed the highest priority on animal welfare and animal protection.

The Constitution of India 1960:

The Constitution of India 1960 deems it the “duty of every citizen of India to protect and improve the natural environment, including forests, lakes, rivers and wildlife, and to have compassion for all living creatures.” The Directive Principle of State Policy, which states in Article 48A that the State shall attempt to maintain and improve the environment as well as to safeguard the nation’s forests and wildlife, is a supplement to the Constitution’s duty to protect animals. The 42nd Amendment, which was enacted in 1976, introduced the two aforementioned constitutional clauses. They set the foundation for laws, policies, and governmental directives that support animal protection at the federal and state levels, even though they are not immediately enforceable in Indian courts.

The Prevention of Cruelty Act, 1960

The sole objective of this act is to prevent the suffering and pain of animals The Act defines “animal” as any living creature other than a human being.

The Animal Welfare Board of India (AWBI) was founded by the Indian government in compliance with Chapter II of the Act, and it performs some of the following duties:

• recommending changes to laws and regulations to the central government in order to spare animals needless suffering during animal transportation, research, or confinement.
• encouragement of monetary donations, animal shelters for the elderly, and rescue houses.
• Advising the government on medical care and regulations for animal hospitals.
• Imparting education and awareness on humane treatment of animals.
• Offering broad animal welfare advice to the national government.

However, the Act does not consider cruelty on animals if:

• Castration, dehorning of cattle, and branding of any animal carried out according to protocol
• Stray dogs are destroyed in lethal chambers according to prescribed protocol.
• The killing or destroying of any animal in accordance with the provisions of any law

If a person committing any acts as mentioned in Section 11 of Prevention of Cruelty to Animal Act, 1960 shall be punishable,

• In case of a first offense, with a fine which shall not be less than ten rupees but which may extend to fifty rupees, and ;
• If a second crime is committed within three years of the first, there will be a fine of at least twenty-five rupees, but it can go up to one hundred rupees, along with a possible three-month jail sentence, or both.

The Wildlife Protection Act, 1972

The act prohibits poaching, killing, harming and poisoning any wild animal or bird. Under the Act, any animal, aquatic creature, or land plant that is a component of a habitat is considered wildlife. The Act gives the federal government and state governments the authority to designate any place as “restricted” for a national park, wildlife sanctuary, etc. (kavuri, 2020)

Conclusion

A positive step toward creating the foundation for animal protection in India was the 42nd Amendment to the Indian Constitution, which was passed in 1976. The Prevention of Cruelty to Animals Act of 1960 is one of the most noteworthy examples of the animal protection laws that have been passed at the federal and state levels as a result of the constitutional provisions that create the duty to protect animals. Moreover, Indian courts have established an expanding body of animal law doctrine throughout time.

Still, there is a long way to go before India’s animal law has a genuinely strong basis. The Indian Constitution’s animal protection clauses are still regarded as ideals rather than as binding legal requirements. The Prevention of Cruelty to Animals Act of 1960’s sanctions.

References

ahmad, i. (2017, april). indian tradition of ahimsa. Retrieved august 17, 20224, from research gate: researchgate.net/publication/316332429_The_Application_of_Indian_Tradition_of_Ahimsa_in_Modern_Politics_Conceptual_Analysis_on_the_Foundations_of_Hard_Power_and_Immorality_in_National_and_International_Politics

arora, a. j. (2022, july 22). animal protection in India. Retrieved august 16, 2024, from blog.ipleaders: https://blog.ipleaders.in/overview-animal-protection-laws-india/#Animal_welfare_v_Animal_rights

kavuri, t. (2020). anila law india. Retrieved august 15, 2024, from animal legal and historical centre: https://www.animallaw.info/article/overview-animal-laws-india