ABSTRACT
India is 7th largest country in the world and one of the most bio diverse country.It is home to 91000 species of animals from asiatic lion to Bengal tiger. Term animal denotes any other being other than humans. So they are not mere things or objects or property. Humans exploited the animals for food, accessories, Labouring etc.Role of animals is companion to human beings so they deserve rights of their own. The law should respect animals as living ,feeling beings, with appropriate legal rights. This paper attempts to ascertain the animal rights statutes and about their humanhood.
KEYWORDS
Status Of animals, humanhood to animals,
Property concept ,hunting, demeaning and cruel acts .
INTRODUCTION
Animal protection and welfare in the country has taken a prominent position in the country. Legal recognition of animals influenced by many factors like scientific research on animals, changing the attitude of humans towards animals. Protection of animals enshrined as a fundamental duty in the Indian Constitution and there exist several legislations in India there are some cases where judges treat animals as human beings.
IPC section 428 and 429 provide punishment for all acts of cruelty such as killing, poisoning rendering useless to animals. Prevention of cruelty to animals act 1960 and Wildlife Protection Act 1972 and above mentioned all legislations have been enacted for pain and sufferings of animals.
Method and Research Methodology
The paper written is descriptive in nature and mainly based upon case analysis , Acts ,Along with case analysis and provisions in Constitution and acts . Theory analysis and concepts has been done using secondary sources of data such as , articles , blogs, online databases and websites and journals.
Review of literature
Philosopher Tom Regan state
I regard myself as an advocate of animal rights — as a part of the animal rights movement. That movement, as I conceive it, is committed to a number of goals, including:
the total abolition of the use of animals in science;
the total dissolution of commercial animal agriculture;
the total elimination of commercial and sport hunting and trapping.
As animals are voiceless they cannot express their feelings. It is crucial to support animal rights as being their advocate they are being exploited for centuries. They also get hurt if they can’t express that doesn’t mean they don’t have feelings.
Like human beings and animals, nature should get the status of a legal person and its rights should be protected.The legal status of animals should fall under the country’s constitutional rights.
Analysis and suggestions
By observing animal behavior we see they react to environment they play ,act frightened in danger, they cry, they sleep , this is the evidence that they also give emotions, feelings, even they have empathy also so just because of the absence of their verbal report, we can’t say they are emotionless would we say the same about preverbal infants and patients in a minimally conscious state? NO
CONCEPT OF PROPERTY
Concept of animals as property is a relic of Roman law. Historically there were two distinct trends, Western thoughts differentiated animals and humans as separate entities while Eastern culture believed that animal and human are continuum and sometimes referred to as duties.
HUMANHOOD TO ANIMALS
In law a person is the subject of rights and obligations while things may be owned as property where animals are considered property from ancient times. In current practice ships, estates have come to be regarded as legal persons for various purposes even deities are also persons in law who can sue and can be sued. There are various theories that are given by different jurists about rights and humandhood animals.
According to Rousseau, Animals should not be ill treated and they must be provided with some rights as humans as they have feelings just like us. Immanuel Kant said that animals are man’s instruments and they require protection only in order to assist humans in their interactions.
According to Salmond he considered animals as things with objects of legal rights and responsibilities but they are never subject to them. Even though animals are capable of acting and having interests.
CONSTITUTIONAL DUTY TO TREAT ANIMALS WITH COMPASSION
The Constitution of India 1950, under Part 4 at article 51A (g) states that “The State shall endeavor to”-to protect and improve the natural environment including forests, lakes,rivers and wildlife, and to have compassion for living creatures. “
Fundamental duties are not enforceable but Supreme Court made them enforceable
In case Animal Welfare Board of India .v. A. Nagaraja and Others¹ [(2014) 7 SCC 547], in Supreme Court of India stated the following : The court recognized that Sections 3 and 11 of the Prevention of Cruelty to Animals Act, 1960² Act confer corresponding rights on animals as against the persons-in-charge or care, as well as Animal Welfare Board of India, to ensure their well being and to not be inflicted with any unnecessary pain or suffering or cruelty as provided by Section 11. The Apex Court opined that animals also have intrinsic value and worth that humans ought to recognize. Stress was also laid on the protection of the dignity of animals in our treatment of them.
In a judgment dated 4th July 2018, the Uttarakhand High Court stated that animals are legal entities with rights. In Tamil Nadu, there was a plan by FIAPO(Federation of Indian Animal Protection Organisations) to appeal to the Forest Minister and the Forest Department to rehabilitate Masini, a captive elephant owned by a temple in Trichy, as she was entitled to right to a dignified life and bodily liberty and that she should have been seen as a legal person. FIAPO were also open to litigating in the Court to get the Court to declare her as a legal person. This was boosted by the Uttarakhand judgment, and the timing for this seemed right.
Gauri Maulekhi vs UOI ³
It examined the legalities of animal sacrifice. The Supreme Court declared that practice of animal sacrifice on the scale practised during Gadhimai festival to be “demeaning and cruel”
Supreme Court noted that animals shouldn’t be subject to such cruel treatment – and ensuring that Satte carry out its responsibility to more that animals are not subject to NY cruelty
PeTA filed petition challenging cruel and ill treatment given to temple elephants especially in Kerala before Kerala High court and the Supreme Court of India
State of Bihar vs Murad Ali
This case dealt with the provisions of the Wildlife Protection Act, 1972⁴. It specifically dealt with the hunting of elephants and whether the hunting of elephants is justified under the provisions of the Indian Penal Code and the necessary provisions of the Wildlife Protection Act. The word, hunting has been defined under Section 2(16) of the Wildlife Protection Act, 1972⁴ as follows:
HUNTING MEANS:
the killing or poisoning of any wild animal or captive animal as well as an attempt to do so;capturing, coursing, snaring, trapping, driving or baiting any animal as well as any attempt to do so;injuring or destroying or taking any part of the body of any such animal;in the case of wild birds or reptiles, damaging the eggs of such birds or reptiles or disturbing the eggs or nests of such birds.
The 42nd Amendment to the Indian Constitution in 1976 was a progressive step towards laying the groundwork for animal protection in India. The constitutional provisions establishing the duty of animal protection have resulted in the enactment of animal protection legislation both at the central and state level, most notable of which is the Prevention of Cruelty to Animals Act 1960.
PREVENTION OF CRUELTY TO ANIMAL ACT 1960²
It was enacted with a view to ensure animals are treated without cruelty, free from infliction of unnecessary pain and sufferings.
Wildlife Protection Act 1972⁴
To protect and conserve wildlife in India.
It has provisions to counter illegal poaching,
Hunting, killing of wild animals, and includes schedules dealing with endangered species and Protect species such as elephants, Bengal tiger, lion etc
Indian Penal Code⁵
From theory that animals are property under the law, remedy is available to them under Section 506 of IPC which deems criminal intimidation to life and property as a punishable offence.
Remedy to cruelty to animals is also available under Section 428 and 429⁵ of IPC which makes it punishable to kill or injure any animal including strays. Animal testing is also illegal under the Drugs and cosmetics Act of 1945 .
Conclusion
Environmental conservation and protection of wildlife have been deeply rooted in Indian culture .Various rules and laws passed for safeguarding the interests of animals, however the main problem is lack of administration and implementation and laws. Otherwise Indian judiciary had put hard efforts to bring animal welfare laws in existence and provide animals freedom from cruelty.
- [(2014) 7 SCC 547]
- No.59, (Act of Parliament),1960
- Writ Petition (PIL) No. 77 of 2010
- No.53, (Act of Parliament),1972(India)sec 2(16)
- No.45 of 1860,sec 428 and 429
References
The Prevention of Cruelty to Animals Act, 1860, India Code, available at https://www.indiacode.nic.in/handle/123456789/1547?sam_handle=123456789/1362
Jurisprudential Status of Animals, Legal Services India, available at, https://www.legalserviceindia.com/legal/article-11594-jurisprudential-status-of-animals-.html
Why countries like Bolivia and New Zealand have awarded legal rights to non-humans, Indian Express, available at, https://indianexpress.com/article/explained/explained-climate/bolivia-new-zealand-legal-rights-non-humans-8208813/
Nature should have the same rights like humans, animals that are enforceable, The Hindu, available at, https://www.thehindu.com/news/cities/Mangalore/nature-should-have-the-same-rights-like-humans-animals-that-are-enforceable/article66634707.ece
Animal Welfare Board of India .v. A. Nagaraja and Others [(2014) 7 SCC 547],
Author: Zoya khan
1st year law student at Jamia Millia Islamia