ANIMAL RIGHTS AND SAFETY
1. Context
A Constitution Bench of the Supreme Court of India will deliver its verdict on the validity of Tamil Nadu's law permitting the practice of jallikattu in the state. Usually held during the Pongal season, Jallikattu is a sport where men compete against each other to hold on to the humps of agitated bulls that are released into an open area.
2. Animal rights and safety
The Constitution of India establishes a duty on both the state as well as on people to ensure the security and conservation of animals at all costs.
Article 21
Due to the expansive interpretation taken by the courts, the rights of the animals are also protected under Article 21 of the constitution.
Every species has a right to life and security, by the law of the land, and this right is not merely limited to human beings but is expanded to include within its ambit animals and birds as well.
Article 48A
According to Article 48A, it is the responsibility of the state to improve the strength of animals and safeguard the wildlife of the country. It shall strive to enhance the population of animals and ensure that they are protected from all attacks.
Article 51A(g)
According to Article 51A(g), it is the Fundamental Duty of every citizen to protect and improve forests and wildlife and to have compassion for all living creatures.
3. Key Provision of the Prevention of Cruelty of Animals Act, 1960
The Prevention of Cruelty to Animals Act, 1960 (hereinafter PCA Act, 1960) is the first enacted law for safeguarding the rights and protecting animals from pain and suffering inflicted by humans.
Some of the main features of the Act are as follows:
The Act has established the definition of animals to include any living creature other than human beings and different forms of animals.
3.1 Offenses & punishments:
To protect the animals from lifetime agony and pain, the Act has set forth punishments for offenders who cause unnecessary suffering and cruelty towards animals.
The Act further discusses different forms of cruelty inflicted on animals, its exceptions, and the process of killing a suffering animal, when cruelty has been imposed, to avoid any further suffering for that animal.
3.2 Guidelines for experimenting on animals
The Act underlines the guidelines to be followed while experimenting on an animal for scientific purposes and exhibition of performing animals along with their offenses.
3.3 Animal Welfare Board of India
One of the features that the Act specifies is the establishment of the Animal Welfare Board of India (hereinafter AWBI).
4. Key Provisions of the Wildlife Protection Act, 1972
The Wildlife Protection Act, of 1972 aims to preserve the wildlife species of both fauna and flora and establishes reserved places for their survival.
The Act also lays down restrictions on various animal species to be hunted down.
Prohibition of hunting
The Act prohibits the hunting of animals mentioned under Schedule I, II, III, and IV.
Setting up of the following boards
4.1 National Board for Wildlife & State Board for Wildlife
It is a statutory body established under the Act that is responsible for advising the government on wildlife conservation, reviewing and approving various projects relating to wildlife, and promoting the conservation and development of wildlife.
A separate state Board for Wildlife has also been directed to be set up in each state under the said Act.
4.2 Central Zoo Authority
It is yet another body incorporated under the Act.
4.3 Wildlife Crime Control Bureau
It was constituted under the Act to fight the ever-growing crime rates against wildlife in the country.
5. Care towards animals
On any reasonable reading of the constitution, it might be difficult to hold that animals are promised rights to life and personal liberty under Article 21 and equality under Article 14-a conclusion to the effect could well lead to bizarre consequences.
Arguments in favor of personhood invariably spring out of a belief that animals, especially certain kinds of animals such as apes, elephants, and whales, share much in common with human beings.
For Prelims
| For Prelims: Article 21, Article 48A, Article 51A(g), The Prevention of Cruelty to Animals Act, 1960, Wildlife Protection Act, 1972, National Board for Wildlife & State Board for Wildlife, Central Zoo Authority, Wildlife Crime Control Bureau, Animal Welfare Board of India. |
Source: The Hindu
