Professional Documents
Culture Documents
Sushmitha M Kusanur
Sushmitha M Kusanur
Sushmitha M Kusanur
SCHOOL OF LAW
TABLE OF CONTENTS
SL NO CHAPTERS PG NO
CHAPTER-I 3
1 ABSTRACT 3
2 INTRODUCTION 3
3 RESEARCH PROBLEM 5
4 LITERATURE REVIEW 6
6 RESEARCH QUESTIONS 6
7 HYPOTHESIS 6
8 RESEARCH METHODOLOGY 7
CHAPTER-II 8
CHAPTER-III 11
11 CONCLUSION 14
12 SUGGESTIONS 16
13 BIBLIOGRAPHY 17
3
2.INTRODUCTION
"All animals deserve to have rights, no matter how much they love them or how easy it is to strive for them.
Animals, like humans, suffer and have a stake in their lives." 1 When we think of animals. Probably the first
thing that comes to mind is shooting. But actually according to the process of logic and the law 2
Sacrifice is the law
the evil way is cruelty and cruelty to animals.
There is no definition or definition of cruelty to animals, but after reading the Prevention of Cruelty to Animals
Act 1960, we can define it as an act or crime that will cause unnecessary pain or suffering to the animal. 3
Some acts of negligence may include failure to provide appropriate medical care, food, water, or other simple
precautions that could cause the animal to suffer or suffer poverty. It should not be forgotten that cruelty
towards animals is not limited to situations that cause psychological harm to the animal and affect the body,
such as pain, suffering or fear, which can be considered cruelty to animals.4
Cruelty towards animals is intentional cruelty or failure to properly care for animals. It can be defined as any
human activity that causes pain, suffering or harm to any animal and has a purpose other than self-preservation
1 Issues, PETA India, available at http://www.petaindia.com/issues/
2 Prevention of Cruelty to Animals (Slaughter House) Rules, 2001
3 The Prevention of Cruelty to Animals Act, 59, P.C. An Act, Section-2, cl.(a) (1960)
4 What is animal cruelty, available at accessed April 2 2020 5 "TheExtinctionCrisis", , accessed April 2 2020
4
or survival. "One of the most dangerous things for a child is to kill or torture an animal and run away with it."
Author: Anthropologist Margaret Mead. Animals around the world fight for their lives every day.
They have no rights, people
are beaten and imprisoned to make it "fun"; They are slaughtered and kept in small cages to be killed and eaten;
they are treated as such. “In the name of science, they were burned alive, blinded, poisoned, made sad; They
were electrocuted, paralyzed, and skinned alive so they could walk around in their clothes.
From minor crimes to serious crimes (killing an animal and then cooking food5,
killing an animal, harming an animal and causing it to die6
), everyone
should now leave our country. It has always been second nature to us that the interests of animals are aligned
with those of humans and that this alignment is derived from the human perspective. 7 We must understand and
teach
There is also the fact that animals are not just tools and therefore we should not act like those who say that
animals should not be given as tools.
It can be clarified, though. Small details that say that people should not treat animals as they wish, the main
idea is that if you are property, then you are legal and you work hard, you complete it according to the master's
wishes. Mere ownership will have no rights of any kind. The table, chair, and sound system can be adjusted
according to the owner's
5 Santosh Kumar R.B, ―Three Students held for killing, cooking pet dog”, The Indian Express, available at , accessed
April 2 2020
6 Two men tie up cow, rape, stab it, The Times of India, available at accessed April 2 2020
7 Eleanor Evertsen and Wim De Kok, ―Legal Protection of Animals: The Basics, 5 J. of Animal Legal”,91 (2009)
5
preference; they are usually destroyed, sold or replaced at the owner's wishes. The nature of property for
animals can influence the prevention of violence and aggression. 8
Wild animals, pets and abandoned animals are exposed to
bad and abusive treatment by humans. The decline of many species, declaring animals as harmful and allowing
them to be killed, recommendations of the courts in some cases, and passing unnecessary laws to save animals
in times of need during natural disasters are some of the main crimes committed against animals. New prices
are proposed across products, animal workers protest and begin to change the new policy.
Current research supports animals and many species and their rights. This must be a joke about the problem and
again work poorly for the ministry.
Man also has an important duty to understand the environment and the source of all living things. Animals should
be given priority.
3.RESEARCH PROBLEM
People's view of nature has changed from harmony to importance. Animals are an important part of human life.
Many initiatives are being created around the world to prove and recognize the rights of animals. Although the
law in India is broad and gives different
permits for animals. But human-animal conflict continues. Different concepts
create conflict. Courts are sometimes easily informed of animal rights violations
. The ineffectiveness of the law has led to numerous cases of animal cruelty in India. Wild animals,
domesticated animals and abandoned animals face the cruel and rude behaviour of humans.
This may seem bad to some people, but animals have rights too. In India, animal rights are considered as
important as the public. However, many people do not know or cannot accept this. Many times authorities tend
to ignore these rules regarding animals. But India is one of the first countries to address the issue of animal
welfare.
However, animal health is not given much importance in the country. It is worth noting that India has many
laws to protect animal rights. Most of us engage in some behaviour that is considered cruelty to animals in our
daily lives. Most people are unaware of these rules but can act very aggressively when challenged. Legal
standards are mostly for the benefit of humans,
at least to protect animals. There have been many instances of animal cruelty in India over the past few years.
The Prevention of Cruelty to Animals Act 1960 has not been amended since it came into force in 1960, creating
a legal gap. Penalties established under the Prevention of Cruelty to Animals Act 1960 are minimum penalties
to prevent a negative impact on society.
In this study I will talk about cruelty to animals and their protection in Indian law
The researcher will focus on the role of punishment,
The concept of animal sacrifice, I will also introduce special measures. We can make the system more efficient.
8 Cass R. Sunstein, ―The Rights of Animals in A Very Short Primer, John M. Olin Law & Economics”, Working Paper
No. 157, Chicago Working Papers in Law and Economics
6
4.LITERATURE REVIEW
Fundamental rights theory argues that animals have all fundamental rights, such as the right to life, while the
positive way of thinking about fundamental values allows animals to be killed for self-protection. He believes
that the argument for careful control of fundamental rights is dangerous because any animal that poses a danger
to humans seems likely to be exploited. To preserve the diversity of the goal of benefiting humans, the authors
argue that animal rights should (1) promote another model of protective action as evil and (2) examine humans
to see whether they are truly capable. br> Be careful not to harm people and animals. Currently,
We will see that in human-animal conflicts it is usually humans who are harmed, as they often make each other
dangerous to livestock, leading to a form of punishment. Morality.
6.RESEARCH QUESTIONS
1. Whether Article 21 will be extended to animals?
2. What is the role of the judiciary on animal protection in India?
7.HYPOTHESIS
I believe that all species have the right to life and security and are bound by cultural norms that must be adhered
to, which includes the rejection of life due to human needs; Although the court sometimes takes a liberal
attitude towards crimes involving animals,
But the law is mostly for the benefit of humans and is intended to protect only a few animals.
7
8.RESEARCH METHODOLOGY
The evaluation strategy used in this study is well researched and clearly instructive. This article uses primary
and secondary data to collect data, including comments on primary and secondary data. Most of the
information comes from newspapers, books, research papers and articles.
8
CHAPTER-II
9.INDIAN LAWS IN RELATING TO ANIMAL RIGHTS
(i) ARTICLE 51A(g) of the INDIAN CONSTITUTION
In 1976, the 42nd Amendment to the Constitution of India introduced a new chapter spelling out various
important duties to be performed by citizens 9. In Chapter 1 of Chapter IV-A of the Constitution of India, it is
stated that one of the missions is "To protect and develop". indigenous areas, including forests, lakes, streams
and wildlife,
with compassion for living beings" . 51A(g).
The Supreme Court of India, applying Article 51A(g) and imposing significant obligations, >He said that one of
the strategies sought to be achieved by the Parliament
>is to ensure the spirit and Memorandum of Article 48. and Article 48-A has been considered as the
fundamental duty of every citizen.
Concerns regarding the health and welfare of animals and preventing or causing suffering to animals duty to
prevent maximum suffering,
Humanitarianism in Section 51A (h) and Section 51A (g) and (h) The Principles should be read in conjunction
with the PCA Act 10
In addition to human rights, animals also have rights over animals .
Important obligations will not be implemented immediately. However, the Supreme Court has made them
applicable in many cases by adding additional provisions to the relevant laws. Therefore, Article 51A (g) imposes
on all citizens the responsibility to suffer, compassion, courtesy, etc. It promotes "compassion for living beings"
within the scope of its basic mission.
(ii)ARTICLE 21 OF INDIAN CONSTITUTION:
Of all the important laws, Article 21 governs the development of human rights in India. While creating the
definition of "life" in Article 21, the Court identified all the basic requirements of the responsibility for
respecting human life among the famous provisions of the Constitution and made them an integral part of the
Constitution. .
Legal Framework. 27 By introducing "negative" and "positive" obligations to the state, a new meaning is added
to the definition of "right to life and personal freedom",
not only "restrictive duties" but also "supportive" ones. right "obligation".28 Judges investigate the "life" that is
important for human life to determine what the "right" is, the difference between animals.29
This important right is not limited to humans only, the right to life given to animals also needs to be clarified .
The meaning of Article 21 has been extended to animals, which will mean that life is dignified, valued and
respected. Careful reading of the provisions of the PCA Act and
9 In Indian constitution, the Fundamental Duties are non-enforceable: they are policy guidelines encouraging the States
that constitute the Indian Republic to legislate accordingly and constitute an ethical perspective for the courts in their
interpretation of litigations.
10 Animal Welfare Board of India vs A. Nagaraja & Ors., Civil Appeal No. 5387 at 80, (SC May.7, 2014)
9
Believes that animals also have the right to fight for their own lives, according to Articles 21 and 51A(g) of the
Constitution,
which will continue to be dignified and worthy of life, and thinks that this right should not be given . is abused
and causes more pain. Francis Coralli Mullins vs. Francis Coralli Mullins
The Supreme Court of the Union of India declared that the right to life includes the right not only to life but also to
dignity. Therefore, Article 21 Right to Life is not a civil and political right but is interpreted by the court to further
the ends of justice.
(iii)INDIAN PENAL CODE(IPC):
This is generally a negligent or negligent act that may cause life-threatening illness, as defined in Sections 269
and 270 of the IPC. This section allows individuals to issue invoices and therefore prohibits the killing of
animals outside registered areas or the open sale of meat from sacrificial animals. Killing animals in a public
place is a public nuisance and causes public nuisance, including Section 268 of the IPC. second. Section 379
and Sections 428 and 429 of the IPC prohibit punishment for causing unnecessary pain and suffering, which is
an offence. Part (3) II, of this act, says that each
considerate individual should take every single mindful measure to guarantee the prosperity
of such animals and to prevent cruelty towards them. There are a few punishments under this
act when the guilty party on account of the first run through the offence should pay fine
greatest rupees fifty. If it is the situation of a subsequent attack or resulting aggression which
submitted inside three years of the past battery will be fined with at the very least twenty-five
rupees however which may connect with one hundred rupees or with the confinement for a
term which might be reached out to a quarter of a year or with both. On account of a
subsequent offence, the guilty party's vehicles seized, and he will never get licences to
keeping animals.
(iv)WILDLIFE PROTECTION ACT, 1972:
Another important law is the Wildlife Protection Act of 1972. According to Article 39, the Law prohibits the
destruction of wild animals considered state property. In the law, "animals" means land and aquatic animals,
birds, reptiles and vertebrates and their offspring. This classification refers to the eggs of reptiles and winged
creatures.
The Act also provides for punishment under Section 51 of the offender under the Act. Violation of the law is
punishable by imprisonment for three years or a fine of Rs 205,000 or both. For the second or subsequent offence,
the imprisonment is seven years and a fine of ten thousand rupees. As the bill clarifies, killing snakes is an illegal
offence.
(v)ARTICLE 48: PROHIBITION OF COW SLAUGHTER
In 2015, the Supreme Court rejected the request for interference with religion. He said the judiciary cannot stop
the long-standing practice of animal sacrifice by different traditions or communities and that courts must strike
a balance between law, law and religion.
10
Therefore, the subject is quite sensitive. They must comply with the PCA Act, which sets out procedures for
killing animals to reduce pain and injury. 11
The cattle slaughter ban will affect different industries. Therefore, it will cause great damage to our country's
economy.
Although food poisoning cases were seen in different countries, it was decided to include them in the state list in
the draft Constitution instead of including them in the system intermediate data.
CHAPTER-III
11 <http://timesofindia.indiatimes.com/articleshow/49144192.cms?utm_source=contentofinterest&utm_medium=
12 Bhumika Sharma and Priyanka Sharma, "Freedom of Animals: Need to Aware and Sensitize Masses in India" 47, Law
and Society: A New Challenge, (July-Dec 2016), (accessed May 25 2020).
13 The principle viewpoints settled by the higher legal executive are privileges of performing animals, an agreement
between assurance of creature and strict creature penance, and so on.
14 Writ Petition (C) No. 689 of 2015, decided on September 28, 2016
15 Crl. R.C.No.1195 of 2009 and M.P.No.1 of 2009, decided on December 23, 2009
16 AIR 2013 (NOC) (Supp) 1439 (Mad)
12
ears of certain dog breeds such as Doberman pinschers, canines, Cardiffs, Great Danes, etc. and Boxers stay
with their owners.
Aamir Khan v. 17 in the State of Gujarat, an offence related to the shooting death of Chinkara
Gujarat High Court after the release of the movie Lagaan in 2000
. The court relied on the Chief Justice Justice Bhuj ruled and quashed the criminal case. Salman Khan v. State
of Rajasthan,
18
The Rajasthan High Court convicted Salman Khan in the Chinkara poaching case on the basis of evidence
related to his involvement in the ""Not enough enough" case. It allowed his petition to amend the criminal case
against him. The Appeal upheld the judgement and order through the Chief Justice of Jodhpur Judgment
recorded by the court CJM charged him under Section 51 of the Wildlife Protection Act and sentenced him to
five years simple imprisonment and a fine of Rs 25,000 or three months for simple imprisonment for more.
Punjab and Haryana High Court, Amritsar Kennel Club v. Union of India
19
has made it clear that
AWBI has no right to obstruct dog shows by imposing conditions. However, Kennel Clubs in Chandigarh,
Patiala and Ludhiana may organise dog shows.
Animal and Environmental Legal Defense Fund v. Indian Association and others,20
The Supreme Court said that one of the reasons for reducing the area was that it was located in and around
residential areas and parks in the Country. Local people and groups need to take serious precautions to prevent
damage. or the destruction of the soil, plants and animals in this area. He said the State Government should
continue to take steps to resolve cases filed under Article 48A of the Constitution in accordance with the
obligations to be complied with under Article 51A(g). Collaborated with the Government of Madhya Pradesh to
expedite final notification under Section 35 (4) of the Wildlife (Protection) Act, 1972 in respect of the Pench
National Park area falling under the State of Madhya Pradesh.
Wildlife Rescue and Rehabilitation Center v. Union of India,21 Supreme Court
ordered the Chief Wildlife Warden to hold all elephant poachers in Kerala under Section 40 and Section 42 of
the Wildlife (Protection) Act, 1972 Holder. .
The court also ordered Kerala to undertake to ensure that different protected areas in the state are included in the
board under the Kerala Captive Elephants (Management and Maintenance) Act, 2012.
He said it is the responsibility of the state, district panchayat, Devaswom or temple management and elephant
owners to ensure that no elephant is abused or tortured. If abuse is detected, this is a very serious situation.
Suo motu motion in court v. PC Dhiman,
17 Gujarat High Court, decided on May 8, 2015, "Chinkara killing", Gujarat H.C quashes case against Aamir Khan",
Indian Express, (May 9, 2015)
18 Criminal Revision Petition 905/2007, decided on July 25, 2016
19 CWP No. 25558 of 2015, decided on January 28 2016
20 1997 (3) SCC 549.
21 Writ Petition (Civil) No. 743/2014 dated March 29, 2016
13
22
The Himachal Pradesh High Court has empowered the central and state governments to regulate the
manufacture, import and distribution of drugs, especially oxytocin. Police experts keep records of all criminal
groups found guilty of using oxytocin under the Prevention of Cruelty to Animals Act 1960, especially when
impersonating animals. 23
Merhamet Infinite Plus v. Society of India and others, 24 In this case,
The Supreme Court of India said that bulls cannot be used as show animals in Jallikattu and Bullock chariot
races like them. Suitable for pulling and piggyback games. The object is anatomically unsuitable for such a
display. It held that Sections 21, 22 of the PCA Act and related provisions should be understood as rights
conferred on animals under Chapter 3 and should be read together with Section 11(1)(a) and (oh). ) and Articles
51A(g) and (h) of the Constitution.
Although India has important laws such as the Prevention of Poaching Act, 1960 and the Wildlife Protection
Act, 1972,
responsibility for animal welfare and government assistance, even relations between animals and animals
People Conflicts continue and people still are concerned about the rights of these people. Moreover, the
provisions of these laws are outdated
and are not stringent enough to meet their objectives. The judiciary in India is working to resolve these
inconsistencies in the objectives of the Animal Welfare Act. The Act changed the law in India and did a great
job in protecting universal and fundamental rights.
Experts evaluated many issues in the creation and implementation of laws against cruelty and cruelty to
animals.
As the public's evaluation of the past tries to cope with the old culture, conflicts arise between experts and local
people. In some parts of India,
Sports with animals is a cultural activity during recreation.
In most governments, the legislative body (Parliament) consists of representatives who are individuals.
Law arises from culture and tradition, but
the objects of specific laws and regulations sometimes
conflict with thought and leadership. At that time, a fight broke out between experts and villagers. In these
cases, doctors are allowed to evaluate the dispute and resolve the issue fairly.
Concern for animal rights is a multifaceted issue with significant emotional and ethical implications. , economic
and political measurements. There is sufficient organisation, management and political coordination to present
ecological culture with participants. Over the years, legal leaders have become professional and effective in
protecting animal rights. Both the Supreme Court and the Supreme Court once again showed sympathy for
animals. The applications pending in court are also believed to support animal rights that conflict with human
rights.
These laws can be more stringent and inclusive for the purpose of safety and protection of all species, whether
animals, wild animals or animals in large areas.
We must reach our inner voice and try to support the words of the "Fathers of our Nation" in every way
"The country is big and so it is. Morality can be understood by the way you treat animals."25
Therefore, animals are neither objects nor objects. This shows that every animal should be valued, that every
animal deserves care and attention, that the body has the right to maintain its vital body rather than meaningless
artificial abuse or interference. The reality is to make people aware that the simple law is a problem, a serious
problem worth public discussion. I believe that in the near future the rights of the honest will be more
25 Humane Education, Humane Educator for the world, 41 Animal Citizen (July-Sept.), 60, 60 (2012)
16
recognized among citizens. The relationship between strong laws and sensitive systems for all citizens should
be enhanced in the coming Indian era.
12.SUGGESTIONS:
● In future research, the factors that push people to enter nature should be investigated.
● The law must come into force. The legal system that protects them needs to be more protective. If the
two animal welfare bills are approved in Parliament, it will be a success for animal workers and their
organisations. Parliament should quickly pass a strict law punishing animal cruelty. There should be
stricter laws regarding abandonment of animals. Programs have been implemented to increase the
number of animals for different species. will have owners, this must be done). Recommendations made
by the Law Commission of India in Report No.1. Resolution 261, sent in August 2015, also deserves the
immediate attention of Parliament.
● India's political system must be stronger. Legislation to prevent cruelty to animals is not an end in itself.
It is more important to implement various animal protection measures and to ensure that the activities
prohibited by these regulations are not carried out in the state, and if the regulations are implemented as
a crime, strict rules against offenders are implemented.
17
13.BIBLIOGRAPHY
Primary sources
1. Indian Legislation
Indian Animal Welfare Act, 2011
Indian Penal Code
Wildlife (Protection) Act, 1972
2. Cases
Aamir Khan v The State of Gujarat, Gujarat High Court, decided on May 8, 2015, "Chinkara killing", Gujarat H.C.
quashes case against
Salman Khan v. the State of Rajasthan, Criminal Revision Petition 905/2007, decided on July 25, 2016
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