Abstract :
The greatness of a nation and its moral progress can be judged by the way its animals are treated- Mahatma Gandhi
Did it ever strike your mind ,that animals also deserve an equal consideration when question comes to their rights and privileges .This research paper deals with the question of considering Animal kingdom same as human beings and be given the status of legal entity with regard to their ambit within article 21 of constitution of India which delineate about right to life and personal liberty .
Keywords: Animal cruelty ,right to life , pain ,suffering , flora and fauna ,legal entity
Introduction :
India one of he most celebrated biodiversity around the world has 36 biodiversity hotspots with enormous species of flora and fauna .During reading of Animal Welfare Board of India v. A. Nagaraja & Ors. (the Jallikattu case),supreme court brought certain animal rights within the ambit of right to life.
The fundamental right enthroned in Part 3 of Indian constitution provides for constitutionally guaranteed rights necessary for development and existence of individuals such as right against exploitation ,right to freedom etc .And any infringement of rights enshrined in Part 3 of Indian constitution from article 14-30,may arise a situation of issuing writs by supreme court within the power given to it via article 32 of Indian constitution . And same writ can be issued while infringement of article 21 of Indian constitution which is plainly relevant to animal welfare. Te government of Indian have some duties which is not absolute but should be discharged religiously , which States organising of animal husbandry and prevention of cow and calf slaughter,given Article 481 of part IV of constitution (Directive principle of state policy) .
There has often quite debate on whether to include article 48 as a fundamental right since cow slaughter is often in debate and in limelight since to has religious sentiments of hindu ,Jains ,buddhist ,zoroastrians attached to it .But it ended up being a mere DPSP since constitute assembly argued that it will be against the will of non hindus and fundamental rights are only for natural citizens ,precisely only human living beings.
The question that ‘what will be our lives without animal kingdom’ ,from where will we get leather or wool to flaunt our branded and monetarily expensive apparels .Don’t we as a citizen have certain duties towards other living beings such as ) to protect and improve the natural environment including forests, lakes, rivers and wildlife, and to have compassion for living creatures and to develop the scientific temper, humanism and the spirit of inquiry and reform as enshrined in Part IVA (ARTICLE 51 ) of Indian constitution. Though our Indian government has taken some great steps towards animal protection and their rights .
It started with the creation of animal act 1960 ,followed by establishment of animal welfare board 1962.Then came animal performing rules ,they deals with using animal performance for the purpose of entertainment and sale of tickets related to it .They are some provision of Indian penal code that quantify punishment for killing ,harming animals. The IPC separates The degree of punishment using 2 different section I.e 4282[1] and 4293 which respectively states that killing , harming or useless using of animal of value ten or above may amount to imprisonment simple or rigorous of 2 year or fine or both , harming or useless using of animal of value fifty or above may amount to imprisonment simple or rigorous of 5year or fine or both . For years there has been plea to make animal a separate legal entity which will make them capable to sue and to be sued .Earlier uttarakhand high court had declared animal as legal entity including avian and aquatic animals but this decision was overturned due to a PIL in 2014.During the ruling it was said that man being should be considered as a parent for animal welfare .It was advised to not use sharp equipment to avoid the pain
.It was mad mandatory for veteran doctors to treat animals brought by citizens or if not so should visit to see where the animals resides .Recently a bench headed by Justice D Y Chandrachud and P S Narasimha dismissed the PIL That seek to declare animal kingdom as legal entity .This PIL came as a result of intense cruelty towards animal ,no step taken towards their welfare and raise the question ‘aren’t the existing law sufficient for animal protection ?’. This PIL Was taking inconsideration[2] verdicts of Punjab ,Delhi and Uttarakhand High Court which said that all the animals are considered legal entities and all the person declared as person in loco parties
We humankind have enough intelligence to make full use of animal to serve our varied purposes , we are a creation of god and animals too , which play a very important role in food chain .The most common way through which animal suffer cruelty is domestication ,we use cow milk which are meant for calf , secondly we keep them tied and inject some precautionary injection which may protect us from various disease .But have we ever thought what pain they might have gone through . Are we so mean ? Is killing of thousands of animal while experimenting justified . To look good we use expensive cosmetic , but at expense of millions of voiceless creatures .
Not only india , animal cruelty is present everywhere around the world. In countries like switzerland ,Hongkong ,sweden ,austria have strict animal welfare policy . Indian law condemns animal cruelty but with exclusion .This problem is quite age old .And both western and non western philosophical traditions have deplored human cruelty to animals .we today stand by bad practices and ignore what we shouldn’t. Today we human feel it entertaining when we go to zoo , especially our children , Its fault of their guardians who insist on them talking to zoo for outing or on sundays , but we should understand a simple thing that behind one smile on our faces we are hurting ample no. of animals kept behind filthy ,unhealthy cages where they are not even properly fed and cared .In rural areas there is still high degree of cruelty ,people often use donkey for carrying tons of things on their back , which often lead to their bad health and ultimately death
.Secondly ,there is use of bullock cart , horses for carrying people from one place to another .We also donut have any respect towards animal as we often use donkey as a word to show disrespect and convey that particular person is mad .
Research Methodology
The paper is based on various case laws and is one of doctrinal kind .This paper deals with deep analysis and explanation of various provision related to animal rights and their protect .This paper includes deep understanding and interpretation of fundamental rights of constitution and Sections of IPC .
Research objective:
The objective of the paper is to assess various case laws and come to a suitable answer for the question regarding rights and privileges of animals .Through this research paper aim is to study various case law and study what development so far has been made towards protection of animals and other fauna in the country . Through this research paper ,aim is to make people aware about laws related to protection of animal rights and duties that they have towards them as a citizen .
Hypothesis
The cruelty towards animals can be a result of people inclination towards their traditional and religious beliefs like in the case of jallikattu . Another thing is that it is applaudable that government is doing a great job in protecting rights and privileges of animals,but this protection is not up the mark and much more effort is needed .It is a matter of humanity ,which is actually not been seen in people no matter who they are when it comes to animals.
The first and foremost thing that lead to this kind of exploitation is inhumane behaviour ,ni court or any legal order can change inhumane behaviour to humane unless it is done by oneself .
Literature review.
An Overview of Jallikattu case (Animal welfare Board of india vs A Nagaraja and ors (2014 ))
State of Tamil Nadu had a practice of playing a traditional sport named jallikattu which involved a fight between two robust bulls .This involved a bunch of participant who are required to keep a hold of these menacing bulks and reach the finish line . First person to reach there is awarded with sponsored prize . These gave was harmful for both humans and animal which inflicted pain and suffering ,as animals were treated were cruelly. There were concerns regarding violence inflicted upon bulls.
This case lead to an argument between some activist who took a stand for going against traditional practice of People living in Tamil Nadu in the name of animal welfare association ,which protector of their tradition labeled as immoral .There was series of argument made by both the parties ,followers was of view that ban may mean infringement of their right within article 25 and 26 of Indian constitution ,opposer made their appeal to ban this deadly sport.[3]
A Judgement was passed favouring followers ,which certain practice of playing their age old sport ,not absolutely but with certain restrictions such as Animal welfare association will be regulatory authority and can take necessary action if they found some cruelty taking place .
This case took supreme court make a law unconstitutional which dated back to 2011,made by government of Tamil Nadu which lead to passing of Tamil Nadu Regulation Of jallikattu to continue this spot ,this was a response to notification released by ministry of environment and forest which sated to stop using bulls in jallikattu sport ,but which was overlooked by followers .It made union government to make some amendment in prevention of cruelty act 1960 ,which made bull which is an animal to be included under purview of the act .
The state government was against supreme court decision and released a notification to continue the practice .These lead to increase in tension between local and authorities , this got tension got a spark when Animal welfare board and PETA went ahead and filled a plea at SC to put a stay order on Tamil Nadu state government notification
The petitioners in this case view this game to be sheer cruet on bulls ,since to involved application of some powder on private parts of bulls which caused a burning sensation .This bring us down to the conclusion that This fighting behaviour is adopted during Jallikattu is all result of pain and fear.Bulls are abused ,pricked and to sum all it up are treated in an inhuman way . They have Their tails gripped and wrapped along with their eyes and nose stuffed with irritating chemicals .
The followers saw this whole case as an infringement to their fundamental Right .During the protest various protesters were detained by authority . The Tamil Nadu government argued that these bans are unconstitutional and unreasonable .
This particular case had various questions of lawfulness coming up ,but the Supreme court refused to uplift the ban on the practice .Over it State government passed an enactment to remove Jallikattu form the ambit of Prevention of cruelty act ,1960 which got Centre’s assent . The battle of Jallikattu didn’t came to an end and is unresolved till date .Though supreme court had banned this practice but still it is practised lavishly . This case was taken to constitutional bench and a lot of issue raised with respect of covering their right to follow the practice of jallikattu within the ambit of article 29(1) of constitution of India . This Matter is full of legal challenges which come upon this tradition sport which was played enthusiastically by natives of Tamil Nadu .
In 2022 this case was taken by constitutional bench which sought to pull down a law which protected jallikattu by arguing that this is an infringement of article 29(1) according to which the sport is cultural heritage and is obligated to be protected .
The bench dealt with various issues5:
- Is amendment made in tamil nadu contrary to entry 17 of concurrent list .
- Can jallikattu be designed as cultural right under article 29?
- Is it quintessential for survival of bulls and well being of their native breed
- Is amendment act violative of article 51A(g) and 51A(h) of constitution of india ,which prescribes for developing scientific temper in all the citizens
- Is the act violative of article 14 and 21 of indian constitution
- Is Tamil nadu amendment contrary to Animal welfare Board of india vs A Nagaraja and ors .
- Does Prevention of cruelty to animals act 1960 gives power to tamil nadu legislature to amend it .
The Five judge bench which was led by justice K.M joseph presented the bone of contention that prevention of cruelty to animals (Tamil Nadu Amendment ) act of 2017 And prevention of cruelty to animal (conduct of jallikattu ) rules 2017 ,which had reopened the gates for continuing practising of bull taming game in name of culture and tradition instead of a ban imposed in the year 2014 by supreme court of india.
Then this case went for further consideration to constitutional bench in 2018. The main question which constitution bench dealt with was that whether or not Jallikattu be granted constitutional protection as a cultural right under article 29(1).
The court went through an examination to find out whether this practice harm or apprehend any cruelty to animals or it actually meant for protection , survival and well being of native breed of bulls.[4]
Another question that the bench dealt was with whether Article 48 of constitution is relatable to new jallikattu case law , which urge the state to endeavour to organise agriculture and animal husbandry on modern and scientific lines .
The bench also gave a glance over the contention whether karnataka and Maharashtra prevailing to Jallikattu and bullock cart races will sub serve the purpose of Prevention of cruelty within the scope of Prevention of cruelty To animals act 1960.
Various right related to animals
- Right to preservation, as mentioned in article 48 of indian constitution which states that state is required to organise agriculture and animal husbandry and To preserve and improve the cows and prevent their slaughter .
- Right of compassion : According to article 51(G) ,which state that it is duty to protect wildlife and have compassion for all living creatures ,where as article 51 (H) constitute jurisprudence of animal right in india .
1.According to rule no 3 of prevention of cruelty to animals ,2001 which prohibits slaughtering outside slaughterhouse .
2.According to animal birth control rule ,2001 stray population and rabies can be cured via sterilisation and immunisation rather than dislocation and killing of animals .
3.Right to sufficient food ,drink and shelter ,is stated in section 11 (1)(h) of prevention of cruelty to animals act 1960.
No animal should be kept in cage is written in section (11)(1)(e) of prevention of cruelty to animals act 1960
Various legislation related to animal protection
The prevention to animals rules 2001 , defines word slaughter as killing of animal for food and slaughter house where more than 10 animal are slaughtered on daily basis through licensing from centre and state government
Prevention of cruelty to draught and pack animal rules 1965 , this act provides protection act non -essential pain ,cruelty against animals .
The transport of animal rules ,19786 , this covers general rules and guidelines related to transportation of animals.
The performing animal rules ,1973 6 : These prohibit use of animal for entertainment for purpose other than things mentioned in the act
[5]Suggestion :
first of all one should look oneself keeping themselves in animal skin and feel what they actually fell when they are treated badly or there rights are exploited .Judgments and cases related to exploitation are never ending ,without serving the purpose of providing justice to animals .From my point of view we should make animal as a legal entity and be given same rights as citizen of india , because what i feel is that it is the only way we can protect animals ,as we human can speak and disseminate our feeling by filing cases against each other , but have if ever thought what will a speechless being will do when it comes to its exploitation .
The should not only be used in winning cases or proving wrong ,but it should act as guardian and protector . There should be kind of student community programme highly dedicated towards animals rights and protection at each school . Most important thing is to make people who have business involving animal to minimise the harm caused to them ,and creating a governing body in each city to overlook these businesses.
Conclusion :
Since the being it is been in indian culture to protect wildlife and environment ,with diversified flora and fauna ,india has a bunch full of various wildlife conservation programs that give immense importance to environment protection .Various legislation has been enacted with regards to protection and conservation of animals . I would like conclude by saying that there is no deficiency of laws and regulation , what lacks is our morality and some bottlenecks while implementation comes in picture . There has been ever increasing conflict between humans and animals , despite of this our judiciary system has proved to be as good as possible in animal welfare and reducing this gap , while taking care of both the parties interest .
Citation :
[1] Indian penal code (1860)
[2] Indian constitution
[3]Challenge to the Practice of jallikattu (www. scobserver.in)
[4]jallikattu case law
(https://indiankanoon.org/docfragment/39696860/?formInput=jallikattu)
[5] Animal welfare Board of india vs A Nagaraja and ors (2014 )
[6] prevention to cruelty to animals act 1860
[7]Prevention of cruelty to draught and pack animal rules 1965
[8]The transport of animal rules ,1978
[9]SC Dismisses PIL Seeking Declaration Of All Animals As Legal Entities (outlookindia.com)
Pratyaksh jain
O.P JINDAL GLOBAL UNIVERSITY
[1] Section 428 in The Indian Penal Code (indiankanoon.org)
[2]Section 429 in The Indian Penal Code (indiankanoon.org)
[3] Supreme Court reserves judgment in Jallikattu case – The Hindu
[4] Challenge to the Practice of Jallikattu – Supreme Court Observer (scobserver.in)
[5] Overview of Animal Laws in India | Animal Legal & Historical Center