This Article is written by Kunal Jadoun, a Fourth-Year law student of S. S. Jain Subodh Law College, Shipra Path, Mansarovar, Jaipur, Rajasthan

Introduction

Just like human rights, animal rights are also there. Though animal rights are not specifically mentioned in the Indian Constitution there are certain provisions for the protection of animal and their rights. As per the Constitution of India, every person must protect the animals, and as we have already understood ‘A duty of one is the Right of another.’ Thus, the duty of a person to protect animals and their right is the right of animals. This duty is mentioned under Article 51(A)(g) of the constitution and it states that citizens of India must protect and improve the natural environment including forests, lakes, rivers, and wildlife, and have compassion for living creatures”.[1]

Understanding the Meaning of Animal Rights

Animal rights are like human rights just like humans, animals also have some basic rights i.e. Right to life, right to safe habitat, etc. These rights can be found in the Directive Principles of State Policies and Fundamental Rights of the Indian Constitution and are interpreted by the Hon’ble Supreme Court over the period. In the case of Animal Welfare Board of India v. Nagaraja & ors[2], the court held that animals also possess honor and dignity, and these attributes cannot be taken away from them without justification.

Constitutional Provisions Related to Animal Rights

The Constitution of India, 1950, consists of several provisions related to animal rights, reflecting the country’s commitment to animal welfare. While there is no explicit mention of “animal rights” various provisions promote compassion towards the animals and their protection. As per the provisions mentioned in the Indian Constitution, it is essential to take necessary steps to protect wildlife and their natural habitat. The Indian Constitution recognizes the sanctity of animal life and lays down the protection and treatment of animals with dignity as a fundamental duty of its citizens.[3]

The Constitution’s structural development of animal rights in India is covered under the Fundamental Rights, Directive Principles of State Policy, and Fundamental Duties. Article 48A provides that the state shall endeavor to protect and improve the environment and safeguard the forests and wildlife of the country.[4]

In the matters of animal rights, the hon’ble Supreme Court has brought animal rights under the extent of the right to life under Article 21 of the Indian Constitution. Article 21 of the Constitution describes the right to life and the word life has been given a more inclusive meaning by rulings of the Supreme Court.

Supreme Court in the case of Animal Welfare Board of India v. Nagaraja & ors,[5] Held that everyone has a right to life and security and so far as the case is concerned, animals also have the right to life and that right to life means something more than mere survival or existence but to lead a dignified life with intrinsic value and honor and that applies to humans as well as animals.

Likewise in the case of State of Maharashtra v. Narayan,[6] The Bombay High Court held that animals have the right to live with dignity and that the right to live with dignity and that their welfare is a constitutional concern.

Moreover, the state and concurrent list also discusses about few provisions related to animal rights. Item 15 of the state list gives the authority to the states to preserve, protect, and improve stock prevent animal diseases, and enforce veterinary training and practice. Item 17 and item 17B of the Concurrent list talk about the prevention of cruelty to animals and the protection of wild animals and birds. These lists provide for the working of the executive body towards the end goal of protection of animal rights in India.

Legislations and Institutions related to Animal Protection.

After this the legislature has come up with laws like the Prevention of Cruelty to Animals Act, of 1960, Wildlife Protection Act, of 1972, etc. The Prevention of Cruelty to Animals Act, of 1960 prohibits the infliction of any pain or suffering on animals and prohibits the transportation of animals, animal fighting, and use of animals in performances. Just like this act, the Wildlife Protection Act, of 1972, is also an important legislation that ensures the conservation and protection of wildlife in India.

Apart from this India has recognized a few animals as legal persons with rights such as elephants, dolphins, and primates. The reason behind this special recognition is to provide these animals with specific legal protections and rights. Recognition of dolphins as “non-human persons” has been given in the case of People for Ethical Treatment of Animals (PETA) India v. Union of India.[7].The Hon’ble Court held that dolphins are nonhuman persons and enjoy their rights. Also, the Hon’ble Court has banned the keeping of captive dolphins for entertainment purposes and highlighted the need to consider the well-being of animals in captivity.

There are also several institutions in India like People for Animals (PFA) and Wildlife Trust of India (WTI), that work towards animal welfare and protection of the species. These institutions play a crucial role in advocating for animal rights, protecting animals in distress, and promoting awareness and spreading knowledge about animal rights.

Provisions related to Animal Protection and their rights in Bharatiya Nyaya Sanhita

The new criminal act which is Bharatiya Nyaya Sanhita, aims to improve the criminal justice system related to animal rights and cruelty with them. One of the important provisions in the BNS is the broader and more accurate definition related to animal cruelty. BNS removed the outdated provisions of the IPC related to animal cruelty and includes a wider aspect of animal cruelty. There are several sections that talk about cruelty to animals including Section 321 (Cruelty to Animals), Section 322 (Killing or Maiming Animals), Section 323 (Poisoning Animals), Section 324 (Animal Fights and Related Activities), and Section 325 (Neglect of Animals). These provisions strengthen the criminal justice system towards the injustice inflicted upon animals. These provisions protect animals and ensure the application of their rights.

Conclusion

Though animal rights find their place in the constitution there are some provisions related to animal rights in the Directive Principles of State Policy and Fundamental Duties which are not enforceable in the Court of Law. Though States form laws based on fundamental rights and DPSP one cannot approach the court in case the provisions are not followed by the states. Thus, it means the animal rights mentioned under articles 48 and 48A of the Indian Constitution cannot be enforced through the decision of the Court, which means animal rights are there but their enforceability is still in question. Though cruelty against animals is a crime causing the death of animals still does not fall under the definition of Murder in the Bharatiya Nyaya Sanhita.

Even though we have seen stories of bans on animal testing for cosmetics, ban on jallikattu (bull taming), increased awareness and activism for animal rights, and several laws or legislations related to animal protection and their rights despite these laws and other provisions, animal protection and their rights remains a significant concern.

Animal rights in India require continued attention and improvement. Strengthening laws, increasing awareness, and encouraging animal welfare initiatives can help create a more compassionate and protective environment for animals. Animal rights have seen major growth, but there are more areas to explore.

References

· Utpal Khot, Enhancing Animal Protection: A Comparative Analysis of BNS And IPC, The Times of India, https://timesofindia.indiatimes.com/life-style/relationships/pets/enhancing-animal-protection-a-comparative-analysis-of-bns-and-ipc/.

· Jis John Sebastian, Protection of Animals: Important Laws in India, Clearias, https://www.clearias.com/protection-of-animals/.

· Taruni Kavuri, The Constitutional Scheme of Animal Rights in India, Animallaw.info, https://www.animallaw.info/article/constitutional-scheme-animal-rights-india.

· https://indiankanoon.org/doc/104959701/.

· https://www.petaindia.com.

· https://www.casemine.com.

· https://www.animallaw.info.

Amruta Ubale, Constitution of India on Animal Rights, Animal equality, https://animalequa

REFERENCES

[1] India Const. art. 51(A)(g).

[2] Civil Appeal No. 5387 of 2014.

[3]Taruni Kavuri, The Constitutional Scheme of Animal Rights in India (2020), Animallaw.info, https://www.animallaw.info/article/constitutional-scheme-animal-rights-india, accessed 13 September 2024.

[4] India Const. 48A.

[5] Civil Appeal No. 5387 of 2014.

[6] Criminal Appeal No. 618 of 2002.

[7] W.P. (C) 23480/2005.