Critical Analysis Of Animal Rights In India | Best Criminal Lawyer In Kolkata

By Author: Rajesh Kshetry
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Before dealing with Animal rights in India, let us acknowledge what we mean by the term rights.

Animal rights in India

What do we understand by Animal rights in India?
Animal Rights in India can be defined and have been defined by many political philosophers and theorists in several ways so there is no specific way to define rights as such. However, Rights, in their abstract sense, are something that is morally correct and is legally owed to the individual. Now let us understand what we mean by the term animal. Section 2(1) of the Wildlife Protection Act, 1972 defines an animal as amphibians, birds, mammals, and reptiles, and their young, and also includes the eggs of birds and reptiles and Section 2(a) of the Prevention of Cruelty to Animals Act, 1960 gives a comparatively broader definition of the animals by stating that:

any living creature other than a human being. Thus, animal rights are basically the idea that suggests that non-human living beings are provided with the basic necessities required for their existence and that enough protection is being provided to these animals in order to prevent ...
... suffering of any kind.

However, this should not be confused with Animal conservation, a practice for protecting wildlife species and their habitats. The fact whether animals have rights in India or not has been a very debatable topic. However, there are few statutes related to animal rights in both, international and national level.

Legislations against Animal Cruelty
This includes The Wildlife Protection Act, of 1972, the Prevention of Cruelty to Animal Act, of 1960, The Animal Welfare Act, of 1966, and The Preventing Animal Cruely and Torture Act [PACT], of 2019. Out of all of these, The Prevention of Cruelty towards Animals Act, 1960 is the most significant statute dealing with cruelty towards animals in India. The PCA was enacted with the aim to prevent the infliction of unnecessary pain or suffering on animals. Considering the fact that PCA is the main provision dealing with cruelty towards animals in India, we have to understand why and how it is ineffective.

The laws relating to animal cruelty are so non-authoritative that society does not even take it seriously anymore. As per the section 11 of the Prevention of cruelty towards animal act, the offender shall be liable to pay a maximum fine of Rs.50.

The People for the Ethical Treatment of Animals [PETA], India released a 73 pages long report along with a video footage about the infamous bull taming festival of Jallikattu where a bull of a certain breed is released in a crowd of people and the participants have to stop the bull from escaping. There have been cases of deaths and injury of both the participants and the bulls which led to a lot of protests and a series of legal battles to ban the sport.(PETA Jallikattu investigation,2017) A report given out by PETA implies that animal abusers do not just stop there, they move on to kill human beings as well.

(PETA report-Animal Abuse and human abuse: Partners in crime. ) This is evident in the case of the infamous serial killer, Veerappan, who killed more than 120 people and was responsible for the poaching of more than 2000 elephants. According to a report given out by the US Federal Bureau of Investigation, If somebody is harming an animal, there is a good chance that they are also hurting a human. (John Thompson, deputy executive director of the National Sheriffs�

Association,2016). It is now clear that amendments to acts relating to cruelty to animals are the need of the hour. Amendment bills to replace the current PCA act have been introduced in 2011(Animal Welfare Act,2011), in 2014 (Animal welfare bill,2014), and in 2016( Prevention cruelty to Animals Amendment bill,2016). Unfortunately, none of these have been passed in parliament.

Current Situation
A doctor was reportedly seen dragging his dog through the city as it was tied to the back of his car. The event left the dog with terrible wounds and a broken limb. When a doctor, whose job it is to defend human life, purposefully abuses animals, injures them severely, or even kills them, it feels outrageous. Outrage among the populace was sparked by the death of a female elephant in December 2020. A female elephant died after consuming firecrackers that the residents of Periya village in Coimbatore, Tamil Nadu, had placed specifically for the elephant. A YouTuber who tied his adopted puppy with balloons while filming a video was detained.

Without taking any safety precautions, the dog began flying in the skies as soon as the balloons were released into the atmosphere. The guy was detained on multiple occasions for brutally assaulting stray animals. A number of incidents where stray dogs attacked people while they were traveling on the roadways were reported in the state of Madhya Pradesh. Since there are so many stray dog attacks in Sitapur (a city in Uttar Pradesh), locals have begun defending themselves with weapons like firearms and pistols. In Lucknow, a pit bull that was adopted by the woman, age 82, was recently reported to have mauled her to death.

Conclusion
Even as 2023 approaches, there have been no significant improvements in the precarious situations of animals, particularly stray animals. Although the rules enacted to protect animals look good on paper, they are ineffective in practice. Compensation for animal exploitation and mistreatment can run into the hundreds of rupees. In the aforementioned event, a doctor was found guilty of seriously injuring his companion dog. The doctor was given a fine ranging from Rs. 10 to Rs. 50. The law did not adequately penalize animal abusers in proportion to the physical and psychological harm they did to non-human animals. There are no provisions for harsh punishment for animal maltreatment, thus the culprits got away with paying a modest fine.

People have differing opinions on the subject of animal rights in India. Animals should not be used as objects for human desires, they should be treated with respect and dignity, and industries that exploit animals and cause environmental catastrophes should be banned, according to proponents of animal rights in India.

Contrarily, there are arguments opposing animal rights in India where supporters of non-vegetarian cuisine claim that vegetarian food is inferior. Farms, where animals play an important part, are the main source of employment in the nation. Animals are used to test vaccinations and medications for the well-being of humans on farms. The responsibility to protect animals from torture and other inhumane treatment is primarily on each individual human and is not often governed by law.

Before dealing with Animal rights in India, let us acknowledge what we mean by the term rights.

What do we understand by Animal Rights in India?
Animal Rights in India can be defined and have been defined by many political philosophers and theorists in several ways so there is no specific way to define rights as such. However, Rights, in their abstract sense, are something that is morally correct and is legally owed to the individual. Now let us understand what we mean by the term animal. Section 2(1) of the Wildlife Protection Act, 1972 defines an animal as amphibians, birds, mammals, and reptiles, and their young, and also includes the eggs of birds and reptiles and Section 2(a) of the Prevention of Cruelty to Animals Act, 1960 gives a comparatively broader definition of the animals by stating that:

any living creature other than a human being. Thus, animal rights is basically the idea that suggests that non-human living beings are provided with the basic necessities required for their existence and that enough protection is being provided to these animals in order to prevent suffering of any kind.

However, this should not be confused with Animal conservation, a practice for protecting wildlife species and their habitats. The fact whether animals have rights in India or not has been a very debatable topic. However, there are few statutes related to animal rights in both, international and national level.

Legislations against Animal Cruelty
This includes The Wildlife Protection Act, of 1972, the Prevention of Cruelty to Animal Act, of 1960, The Animal Welfare Act, of 1966, and The Preventing Animal Cruely and Torture Act [PACT], of 2019. Out of all of these, The Prevention of Cruelty towards Animals Act, 1960 is the most significant statute dealing with cruelty towards animals in India. The PCA was enacted with the aim to prevent the infliction of unnecessary pain or suffering on animals. Considering the fact that PCA is the main provision dealing with cruelty towards animals in India, we have to understand why and how it is ineffective.

The laws relating to animal cruelty are so non-authoritative that society does not even take it seriously anymore. As per the section 11 of the Prevention of cruelty towards animal act, the offender shall be liable to pay a maximum fine of Rs.50.

The People for the Ethical Treatment of Animals [PETA], India released a 73 pages long report along with a video footage about the infamous bull taming festival of Jallikattu where a bull of a certain breed is released in a crowd of people and the participants have to stop the bull from escaping. There have been cases of deaths and injury of both the participants and the bulls which led to a lot of protests and a series of legal battles to ban the sport.(PETA Jallikattu investigation,2017) A report given out by PETA implies that animal abusers do not just stop there, they move on to kill human beings as well.

(PETA report-Animal Abuse and human abuse: Partners in crime. ) This is evident in the case of the infamous serial killer, Veerappan, who killed more than 120 people and was responsible for the poaching of more than 2000 elephants. According to a report given out by the US Federal Bureau of Investigation, If somebody is harming an animal, there is a good chance that they are also hurting a human. (John Thompson, deputy executive director of the National Sheriffs�

Association,2016). It is now clear that amendments to acts relating to cruelty to animals are the need of the hour. Amendment bills to replace the current PCA act have been introduced in 2011(Animal Welfare Act,2011), in 2014 (Animal welfare bill,2014), and in 2016( Prevention cruelty to Animals Amendment bill,2016). Unfortunately, none of these have been passed in parliament.

Current Situation
A doctor was reportedly seen dragging his dog through the city as it was tied to the back of his car. The event left the dog with terrible wounds and a broken limb. When a doctor, whose job it is to defend human life, purposefully abuses animals, injures them severely, or even kills them, it feels outrageous. Outrage among the populace was sparked by the death of a female elephant in December 2020. A female elephant died after consuming firecrackers that the residents of Periya village in Coimbatore, Tamil Nadu, had placed specifically for the elephant. A YouTuber who tied his adopted puppy with balloons while filming a video was detained.

Without taking any safety precautions, the dog began flying in the skies as soon as the balloons were released into the atmosphere. The guy was detained on multiple occasions for brutally assaulting stray animals. A number of incidents where stray dogs attacked people while they were traveling on the roadways were reported in the state of Madhya Pradesh. Since there are so many stray dog attacks in Sitapur (a city in Uttar Pradesh), locals have begun defending themselves with weapons like firearms and pistols. In Lucknow, a pit bull that was adopted by the woman, age 82, was recently reported to have mauled her to death.

Conclusion
Even as 2023 approaches, there have been no significant improvements in the precarious situations of animals, particularly stray animals. Although the rules enacted to protect animals look good on paper, they are ineffective in practice. Compensation for animal exploitation and mistreatment can run into the hundreds of rupees. In the aforementioned event, a doctor was found guilty of seriously injuring his companion dog. The doctor was given a fine ranging from Rs. 10 to Rs. 50. The law did not adequately penalize animal abusers in proportion to the physical and psychological harm they did to non-human animals. There are no provisions for harsh punishment for animal maltreatment, thus the culprits got away with paying a modest fine.

People have differing opinions on the subject of animal rights in India. Animals should not be used as objects for human desires, they should be treated with respect and dignity, and industries that exploit animals and cause environmental catastrophes should be banned, according to proponents of animal rights in India.

Contrarily, there are arguments opposing animal rights in India where supporters of non-vegetarian cuisine claim that vegetarian food is inferior. Farms, where animals play an important part, are the main source of employment in the nation. Animals are used to test vaccinations and medications for the well-being of humans on farms. The responsibility to protect animals from torture and other inhumane treatment is primarily on each individual human and is not often governed by law.