An Analysis Of The Constitutional Schemes For Animal Rights In India

Publication Information

Journal Title: Indian Politics & Law Review
Author(s): Upasana Borah
Published On: 18/03/2021
Volume: 6
First Page: 103
Last Page: 116
ISSN: 2581-7086
Publisher: The Law Brigade Publisher

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Upasana Borah, An Analysis Of The Constitutional Schemes For Animal Rights In India, Volume 6, Indian Politics & Law Review, 103-116, Published on 18/03/2021, Available at https://iplr.thelawbrigade.com/article/an-analysis-of-the-constitutional-schemes-for-animal-rights-in-india/

Abstract

“No human being is justified in regarding any animal whatsoever as a meaningless automaton, to be worked, or tortured, or eaten, as the case may be, for the mere object of satisfying the wants or whims of mankind”.

Animals are a major part of our environment. Cruelty to Animals or Animal Abusement is considered as the Act of Violence or Neglect perpetrated against animals.

I strongly believe in the rights of the animals and the right to provide them is the duty of being a responsible citizen of India. Animal rights are also known as “Animal Liberation”. Many animal cruelty laws specifically exclude accepted animal husbandry practices, mistreatment, abandonment, scientific research and unlawful hunting and trapping of wildlife. It is a serious problem and also against the Law.

All living things have the right to live on this Earth but sometimes we often become omit to their pain only because animals can’t speak the language of humans, they don’t have a voice, remember we can speak up our voice against Animal Cruelty. When God had created this planet, he had a specific purpose for all living things to strike a balance in the creation where Humans and Animals are equally divided to leave in peace and harmony.

To bring down the cruelty shown on animals, many legal bodies or NGOs are rescuing or working for animals. India gives us the lowdown on legislation in relation to animal welfare in India so we can be informed of what protections are available to animals. [i]

Everything on this Earth is being created by God, and has a well-defined purpose thus there is a need to have strong laws for protecting the rights of animals, only then can they be saved from Man’s greed and selfishness and the balance of Nature can be maintained. It is still not too late, let us together pledge to make a difference.

The Constitution of India is the incomparable law of India which sets out the central political code, rights and obligations of residents, order standards of state strategy, strategies, constructions and forces of legislative organizations.

It is broadly respected to be a “living report”- dynamic and continually advancing with evolving times. It is the longest composed constitution in any nation on earth and it consists of 395 articles (delineated into 22 sections) and 12 Schedules. The record builds up established matchless quality, i.e., the Indian Parliament can’t supersede the fundamental design of the Constitution.

In May 2014, the Supreme Court of India conveyed an electrifying judgment forbidding certain bull-battling rehearses. The Court, in its investigation, looked to bring creatures under the security of the rights talk by expressing that Article 21 of the Constitution of India could be applied to creature life.

The Court expressed that the term ‘life’ should be expansively deciphered. As a creature’s structure, it is a significant piece of ‘individuals’ current circumstance, their privileges should likewise be secured under Article 21. This paper looks to address the more profound ramifications of this judgment by analyzing the suitability of such a methodology.

It contends that bringing creatures inside the ambit of rights isn’t just incongruent with the customary law of rights, however, may likewise be an incapable technique for tending to the bigger issue of securing creatures. It prescribes a move to an obligation-based methodology towards creature government assistance which is bound to prevail with regards to guaranteeing the protected and compassionate treatment of creatures by people.

[i] Available at https://www.shareyouressays.com/essays/short-essay-on-animal-cruelty/84215 (Last Visited Sept 25, 2020)

Keywords: Animal Abuse, Consitution of India, Animal Rights, Animal Welfare

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