Protecting Animal Rights - A Constitutional Perspective In India
Author: LawSphereX
Category: Constitutional & Human Rights
Published:
Updated:
PROTECTING ANIMAL RIGHTS: A CONSTITUTIONAL
PERSPECTIVE IN INDIA
Prerna Chauhan, PhD, J.G. University, Ahmedabad, Gujarat
ABSTRACT
In the whole world India is the 7th largest country and has biodiverse religions. Our country is facing many challenges regarding animal cruelty even after having many legal provisions for protection of animals. Abuse and neglect of animals is increasing daily and for that it is necessary to take strict action. In constitution the right for the animals has also given and the duties have been given to citizens to protect the animals. Many other legislations have been made for the animal welfare such as The Wildlife Protection Act, 1972, Prevention of Cruelty to Animals Act, 1960 and some state made laws like Cow Slaughter Prohibition. Additionally, the punishment of cruelty towards animals has also been given under Indian Penal Code under section
428 and 429. The main question is that do animals have right? This is for the
protection of animals, and no one can harm the animal otherwise the person will be punished. Animals have the right to move freely as they also feel pain, injury, fear, distress etc. An animal is any living creature other than human beings. The sacrifice of animals is a brutal scene and for the perfect world there should be laws to protect animals from cruelty. The new rules were also made that dog breeder aquarium and fish pet owners are all required to register with the state animal welfare board of each state. It is said that killing of animal is an unnecessarily cruel manner is a punishable offence. In this research paper i will discussed the animal laws with respect to the constitution where it includes fundamental rights, fundamental duties, directive principle of state policy and various other provisions as described in the constitution of Indian.
Keywords: Animals, Constitution of India, Protection, Rights.
INTRODUCTION
The more advanced and better spices from all other are always considered for human beings. The state or governing authority has been given to humans and the constitution. The most basic right which is fundamental right in the constitution is given to citizens and the democratic societies ensure the fundamental rights is given to the animals too. 1 (Gandhi, 2025) Mahatma Gandhi once said that “the greatness of a nation can be judged by the way its animals are treated”. The Indian constitution is considered as the supreme law of land which covers the fundamental right, directive principle of state policy and duties of citizens. Constitution is considered as a “living document” as it constantly changes as per the time. It is one of the longest written constitutions in the world. It is divided into 395 articles, 22 parts and 12 schedules.
Various constitutional provisions in India deals with right of animals mainly, to safeguard and protect the animals. But the implementation of this provisions has been questioned time to time. The fundamental right is one of the basic rights given to all and it has been given the recognition of higher degree of protection from encroachment. Here, the fundamental rights protection is also given to the animals. As per the Indian constitution it is the duty of every citizen to protect and compassionate towards every living being which also includes animals. The seventh largest country in the world having biodiverse regions globally is India. The country faces various challenges like animal cruelty despite having the legal provisions for the protection of animals. The urgent action needs to be taken for the abuse and neglect of animals which growing so fast in the current society.
Various other laws such as Wildlife Protection Act, 1972, Prevention of Cruelty to Animals Act 1960, and various state laws to safeguard animals right like Cow Slaughter Prohibition has been made. Further, Section 428 and 429 of the Indian Penal Code gives punishment for the cruelty towards animals. 2
RIGHTS OF ANIMALS
Animal rights is rooted as moral principle in the belief that animals deserve to live as they wish
1 Guru Gobind Singh, Guaranteed fundamental right of animals, iPleaders Blog (Jan. 07, 2025),
https://blog.ipleaders.in/guaranteed-fundamental-rights-animals/. 2 Daslegal Advocates, Understanding and protection of animals right in India, Daslegal (Jan. 07, 2025), https://www.daslegal.co.in/understanding-and-protection-of-animal-rights-in-india/.
to and not as per the desires of human beings. Animals are to bound by the humans. Another way of saying choice is animal rights is autonomy. The fundamental rights such as right to expression, freedom from torture, right to life etc has been given to all the humans but in general sense it only means that the basic right is given to make the lives of human worth living. The aim is to do similar things for the animals also. Certain things for animal rights are wrong as a principle and somethings is morally wrong to do with animals. People for ethical treatment for animals (PETA) is one of the largest NGOs who work and fight for animal cruelty. It conducts various actions such as public education, investigation on cruelty, animal rescue, research for animals, special events, campaigns etc.
In year 2000 PETA was established in Mumbai in India where their focus was in the sectors like leather trade, entertainment, laboratories, food industry as in all of this sectors the animals suffer the most and in large numbers. It is seen that street animals like cows and buffaloes in case of selling or claiming them a proper documentation is needed. Also, when people want to feed the street animals like dogs, cats cows, goats etc. then the animal welfare board of India will issue the IDs to avoid harassment by their protest campaigns. The IDs are issued for the people who has good intention to provide food and protection to the animals and to protect them from abuse and inhuman treatment. Under section 11 of prevention of cruelty to animals act 1960 the exclusive provision is given for the cruelty on street animals.
The animal welfare board of India was established in 1962 and under section 4 of the prevention of cruelty to animal act,1960. The board guarantees implementation of animal law for the welfare in the country and gives concede to animal welfare organizations and advise the middle, state on animal welfare issues. The animal welfare laws to stop unlawful giving up and transportation of animals in violation of laws, standards and guidelines also take stringent action against offenders violating the laws for slaughtering creatures during Bali Pratha, Bakrid festival. 3 The certain rights of animals who live on the street have been described as follows:
3 Rishika, Rathore, Right of animals on the streets: a synopsis, iPleaders Blog (Jan. 07, 2025),
https://blog.ipleaders.in/rights-animals-streets-synopsis/.
1. Right against harm and mischief
2. Right against poisoning and feeding drugs
3. Right against relocation
4. Right against confinement
5. Right against display for entertainment
6. Right against slaughter.
RIGHT AGAINST HARM AND MISCHIEF
As per section 428 and 429 of Indian Penal Code the provisions states that if any animal will be killed, poisoned or render then it will be considered as illegal. It is also illegal to throw harmful chemicals or acid on the animals on the street. Also, if any animals like dogs or cats on the street are killed intentionally through the cars then also it will be considered as unlawful. The punishment has been also described in IPC if any of these above offences have been committed. The right against animal rape is the ongoing fights as it is seen mostly in the headlines of the news. As in the recent times there was a case where the pregnant goat died as eight men brutally gang rape that goat and she died due to the pain and suffering later on the men also got arrested by the local police. This illegal activity was punished under section 377 and Section 429 of IPC.
It is unnatural offence and mischief by killing respectively as per IPC. The lack of strict laws in India under Prevention of Cruelty to Animals Act is the reason behind such actions and the maximum amount of punishment given to any humans is only as per IPC under section 377.
RIGHT AGAINST POISONING AND FEEDING DRUGS
It is not any unlawful act to feed the animals who live on the streets. Actually it comes under the moral duty of every citizens as the animals are dependent on us for the food then everyone should feed them but if we give them poisonous foods or any type of harmful drugs or injurious substance to the street animals then it will not be considered within the ambit of moral duty but it will be punishable under section 11(1) (C) of the Prevention of Cruelty to Animals Act, 1960
as it is an unlawful act.4
RIGHT AGAINST RELOCATION
If any person who beats, kicks or tortures any street animals which cause them any type of pain then it will amount to animal cruelty under section 11(1)(A) of the Prevention of Cruelty to Animals Act. The over-riding, over-loading of animals will also be included in this especially of the animals like cows, buffalos, horses and donkeys. As per the rules made by the government of India under Animal Birth Control Rules, 2001 no sterilized dogs can be relocated from their specific area.
RIGHT AGAINST CONFINEMENT
Confinement is to keep any animal in case or container, and it is regarded as an unlawful act as it causes them pain and suffering. As per Prevention of Cruelty to Animals act under section 11 (1) (e) it an illegal act. In any situation where it is necessary to keep the animals in the cage then certain measurement has to be taken like the length, breadth and height of that cage according to which the animals can have comfortable movements.
RIGHT AGAINST DISPLAY FOR ENTERTAINMENT
Any exhibition or training of the animals is prohibited under section 22 of Prevention of Cruelty to Animals Act 1960. It is prohibited when any such activities have been carried out by any person without any proper documentation from the government. The Central Government by notifying in the official gazette can declare that some specific animal is not subjected to display for the purpose of entertainment. However, the courts of India have discussed the matter of exhibition of animals
RIGHT AGAINST SLAUGHTER
Under chapter 4 of the food safety and standard regulation and section 3 of the prevention of Cruelty to Animals Act it is said that no animals other than a slaughterhouse shall be slaughtered in any place. Also, the animals who are sick or pregnant then it will be illegal to slaughter them. However, this happens due to the absence of awareness regarding the legal
4 Rishika, Rathore, Right of animals on the streets: a synopsis, iPleaders Blog (Jan. 07, 2025),
https://blog.ipleaders.in/rights-animals-streets-synopsis/
duties so many animals like birds, cows, goats etc. are slaughtered for the purpose of religion or for inhumane acts.5
ANIMALS RIGHT UNDER INDIAN CONSTITUTION
1. Fundamental Rights Under Part 3 (Article 12-35).
2. Directive Principles of State Policy (Part 4).
3. Fundamental Duties (Part 4- A).
4. The allocation of power between Centre and state under the 7th schedule.
5. Under article 141 and 144 the Court’s Judicial Authority.
FUNDAMENTAL RIGHTS OF ANIMALS
The Constitutionally given rights of citizens are universally acknowledged as fundamental rights. This right play’s main role not just in development of the society but also in the existence of individuals. These rights are the most basic rights and if infringement of any fundamental rights happens then anyone can directly approach to supreme court under Article 32 of the Indian constitution. Article 21 of Indian constitution which is about right to life. According to Article 21 “No person shall be deprived of his life except according to procedure established by law” which means no individual person will be denied of his life aside from as per the system set up by law. The right to life is a natural right and all people have equivalent rights. This article secures two rights (a) right to life (b) right to personal liberty. This right is for any human all over the world.
Hence, the outsider can also claim this right. Article 21 has been characterized as “procedural magna carta protective of life and liberty”. A wide interpretation has been given by the Supreme Court of India of right to life which also includes right to food, shelter, privacy and education in it. 6 In case of animals right the Supreme Court under the ambit of right to life has brought some animal rights in the below case:
5 Rishika, Rathore, Right of animals on the streets: a synopsis, iPleaders Blog (Jan. 07, 2025),
https://blog.ipleaders.in/rights-animals-streets-synopsis/
6 Vanya Verma, Fundamental duties of Indian citizens towards animals, iPleaders Blog (Jan. 09, 2025)
https://blog.ipleaders.in/fundamental-duties-of-indian-citizens-towards-animals/.
ANIMAL WELFARE BOARD OF INDIA V/S A NAGARAJA AND ORS. (2014)
The traditional sport practices in state of Tamil Nadu of India are jallikattu. Where in the crowd of people the bull is released, who then attempt to grab onto the hump on the back of bull and while on the other side the bull tries to escape from it. There have been several human deaths due to this tradition over the years and animal welfare here is also a concern. Before the bull are released in the crowd they are prodded with sharp sticks and also their tails are bent extremely so as to fracture the vertebrae. The reports also say that the bulls are forced to drink alcohol or in their eyes the chilli peppers have been rubbed for disorientation and aggravation. At the time of event the bulls are also stabbed by the knives, punched and dragged them on the ground.
In the Supreme Court of India, the case was filed in 2010 by the Animal welfare Board of India to ban Jallikattu as it is for the concerns of animals and for the safety of public. The ministry of Environment and Forests banned jallikattu in 2011 and notification was issued to ban the use of bulls but still under certain conditions the Tamil Nadu Regulation of Jallikattu Act (2007) it remained into practice. Against the decision of High Court, the appeal was made to the Supreme Court by the Animal welfare board allowing Jallikattu to be conducted compliance with act of Tamil Nadu. Bulls being exhibited as performing animals the Animal welfare want to enforce this government notification. The Supreme Court gave the decision in favour of AWBI and put a ban on Jallikattu.
As per article 51A(g) of the Indian Constitution it is said that this article is “magna carta of animal rights” and some observation has been made under Article 21 to protect the “life” of animals. The supreme Court with regard Article 21 in terms of right to life of animals it is said that each animal has their right to life and safety regarding the law of land relieve its life for the necessity of humans. The word “life” has expanded its definition in article 21 of the Indian constitution which protects the human rights, and the life also includes all the form of life that is animal life also without disturbing the basic environment and necessary for the peoples which fall within the meaning of Article 21. If we see this article with the view of “life” for animals, it means something more than just survival or existence but also to leave the life with honor and dignity. 7
7 Animal welfare board of India v/s Nagaraja and Ors (2014) 7 SCC 547 (India).
N.R. NAIR V/S UNION OF INDIA (2001)
In this case the notification was circulated by the ministry of environment and forest, and this was upheld by the Kerela High Court. The notification was regarding the bears, monkeys, tigers etc shall not be trained as performing animals. Later on it was challenged in the Supreme Court after that the apex court held that the animals which are used for the entertainment purpose are subject to cruelty so, such actions breach the provisions of the prevention of cruelty to animals act., 1960. The petitioner argued that such declaration is violation of the fundamental rights of Indian Constitution as per Article 19 (1) (g) as this gives the right to every citizen to carry out any trade and profession of their own choice. The court denied this argument as by this activity the pain and suffering of animals has been seen which would not be allowed.8
NARAYAN DUTT BHATT V/S UNION OF INDIA AND OTHERS (2014)
In this case the Uttarakhand High Court heard the matter regarding overloading of the horses. Hearing the case, the court held that the entire animals will be considered as a “legal person” and citizens will have duty to protect and safeguard the animals. The court referred citizens as loco parentis.9
KARNAIL SINGH AND OTHERS V/S STATE OF U.P. (2019)
In this case precedence was taken from the case of Narayan Dutt Bhatt where the Punjab and Harayana High Courts declared the same decision and considered the animals of Haryana as legal entity and their citizens as loco parentis. This decision was made after the situation of smuggling of cows. 10
MUSTAKEEM & ANR V/S STATE OF U.P. (2019)
The FIR was filled against a cattle owner in this case as he was transporting goats for slaughter in a very brutal way the goats where tightly buckle with each other, and it is an infringement of the Prevention of Cruelty to Animals Act. Custody was given to the owner as the High court
8 N R Nair v /s Union of India AIR 2001 SC 2337, 2001 (4) SCALE 20, (2001) 6 SCC 84 (India)
9 Narayan Dutt Bhatt v/s Union of India and Ors (PIL) No.43 of 2014 (India)
10 Karnail Singh and others v/s state of U.P. CRR-533-2013, Article 227 No. 905 of 2019 (India)
of Uttar Pradesh said. But later, this case went to Supreme Court and held that animals in this case were taken away from the owner and shifted to the safe place like in “gaushala” which is under the observation of state government and until the case resolved the government will have charge.11
DIRECTIVE PRINCIPLE OF STATE OF POLICY
Article 48 The state under this article has regulated with modern scientific developments animal husbandry and agriculture. The main aim is to protect and improve the breeds and to prohibit the slaughter of animals such as cows, calves, milch etc. To include article 48 in the section of fundamental rights the constituent assembly debated at certain times. However, later on it was included in the directive principle of state policy and the reason is that they non-Hindus are not enforced to accept it and the fundamental right is limited to human beings said the constituent assembly. 12 Abdul Hakim Qureshi v/s State of Bihar (1961) the petition was filed in the supreme court for the constitutionality of cow slaughter to ban the laws in Bihar.
There is a fundamental right breach said the petitioner of freedom of religion the under Article 25 as they are preventing Muslims to practice their tradition and religion freely like they sacrifice cows on the day of Bakr-Id. The supreme court said that the text of Quran mandated the slaughter of cow and instead of that the allowed goat or camel to be sacrificed. So, the court said that complete ban on the cow slaughter did not affect the freedom of religion of Muslims. In line with Article 48 the court said that it only applies to calves, cows and animals who provide milk and have the capacity to work as drought. So, this article does not prohibit the slaughter of all cows or cattle. 13 The same position was taken in the case of Mohd. Hanif Quareshi v/s State of Bihar (1959) the supreme court held that in economic condition a total ban is permissible if useless bull or
11 Mustakeem and Anr v/s state of U.P. APPLICATION U/S 482 No. - 36908 of 2019 (India)
12 Manya Dudeja, Guaranteed fundamental right of animals, iPleaders Blog (Jan. 11, 2025)
https://blog.ipleaders.in/guaranteed-fundamental-rights-animals/.
13 Abdul Hakim Qureshi v/s state of Bihar AIR 1961 SCC 448 (India).
bullock is burden on the society and so, they are not in the interest of public.14 Article 48 A To protect the environment and safeguard the forests and wildlife the state performs certain actions to work in that direction. It can be also enforced within the ambit of Article 21.15
FUNDAMENTAL DUTIES
In fundamental duties article 51A deals with certain provisions regarding the basic human rights. By the 42nd amendment happened in 1976 this duty was added in line with Article 29(1) of Universal declaration of human rights. Mainly this article gives duties to the citizens of India to safeguard and make better the environment which also includes the wildlife. To have compassion for living creatures is also the duty of citizens. As the fundamental duties is not enforceable in the courts so, they are used to interpret the laws and the constitution of India.16
ALLOCATION OF POWERS BETWEEN CENTRE AND STATE
In Article 245 of the constitution the parliament can make laws for whole or any part of India and Article 246 the parliament and state legislature make the subject matter laws. There are three type of the list 1). Union list 2). State list 3). Concurrent list. For the rights of the animals the matter has been given to the state and concurrent list. In the state list the power is given to them under item 14 to protect and prevent the diseases of animals. In the concurrent list both State and Centre have power to deal with item 17 that is Prevention of Cruelty to Animals and item 17B is for the protection of wild animals.
COURT’S JUDICIAL AUTHORITY UNDER ARTICLE 141 AND 144
The constitution under Article 141 and 144 the Supreme Courts gives the decision to uphold the law. The courts have given various judgements for the animal welfare and they have the binding effect and it is made to ensure that they are properly enforced and implemented by the proper authority. Article 141 says that when the Supreme Court declares the law it is binding
14 Mohd. Hanif Quareshi v/s state of Bihar AIR 1958 731, 1959 SCR 629 (India).
15 Amruta,Ubale, Constitution of India on Animal Right, Animal equality India (Jan. 11, 2025)
https://animalequality.in/blog/constitution-of-india-on-animal-rights/. 16 Vanya Verma, Fundamental duties of Indian citizens towards animals, iPleaders Blog (Jan. 12, 2025) https://blog.ipleaders.in/fundamental-duties-of-indian-citizens-towards-animals/.
on all the courts within the territory. And Article 144 says that in the territory of India all the authorities civil and judicial shall be aid of Supreme Court. Regarding animal rights also the courts has given various interpretation and they are binding on the authorities and it is their duty to follow that law and it is made for the welfare of animals.17
CONCLUSION AND SUGGESTION
It a reality that every animal on the earth has their own fundamental right of life which means right to live with dignity and not just their existence on the earth. This right should not be just on the paper, but it must be useful to them and in case of breach of any law and any animal is affected due to that then proper remedies must be given to them. Here, the duty of every human comes into the picture where it is a moral duty of everyone to uphold the right and dignity of every living being. The courts have interpreted the fundamental right of animals in the different way and by that different legislation has been made for the animals. The provisions of the constitution and various decision given by the Supreme Court are the foundation for wildlife protection and conservation.
In the process of forest and wildlife protection the citizens and social institutions must play positive role. By statutory provisions and judicial decisions, the rights of animals are effectively defended. Animal rights are same as human rights which must be regulated but no right is absolute. In my point of view, the constitution provisions given for the animals is not enough and still we need the strict laws for the protection and safety of the animals. The laws are made in favour of animals, but they are not strictly applied in India. We need the laws to be implemented in the society in the strict manner so, that every living being feels safe and protected.
17 Taruni Kavuri, Overview of Animal laws in India, Animal Legal & Historical Centre (Jan. 12, 2025)
https://www.animallaw.info/article/overview-animal-laws-india.