“The greatness of a nation and its moral progress can be judged by the way its animals are treated.”
– Mahatma Gandhi
In the complex intersection of ethical considerations and existing legal intricacies, the imperative of animal rights is something that stands as a moral imperative. It is high time that societies reevaluate the present animal laws and also the treatment of these beings as a whole. With a rise in crimes against animals, it is often forgotten that we get to share this amazing planet with these sentient beings, and hence, it is nothing but our sole responsibility to ensure that they do not suffer due to our ill deeds. This article embarks on an in-depth analysis and exploration of animal rights by duly considering the historical background, ethical considerations, and legalities involved. Through this, the ongoing discourse with regards to the rights and protections given to animals has been reflected upon, and the requisite trajectory in order to ensure their protection has also been discussed. This article also explores the historical foundations of animal rights, tracing the trajectory from viewing animals as resources to recognizing their intrinsic value and moral consideration.
The Status of Animals and their Rights
If we were to glance through history, animals have long been grounded in utilitarian perspectives. They have been regarded more as a property than as sentient beings. However, the evolution of societal values can be credited with creating a paradigm shift. From viewing animals as mere resources to sentient beings, we have certainly come a long way. However, the present state of society with regards to animals is far from utopian, and there is still more that needs to be done.
Lately, crimes against animals have been on the rise. In fact, they have been normalized to such an extent that some people seem unfazed by it. In 2016, a student at the Vellore Institute of Technology in Tamil Nadu killed two puppies by throwing them from the terrace. And his statement is certainly distressing: “It peed on me, and I just killed a dog, not a human.” Another incident was wherein a dog was thrown from the terrace by two students of medicine, which is ironic enough. Initially, they were fined only Rs. 50. It was only after massive protests that the fine rose to Rs. 2 lakh, and they were stopped from continuing their medical studies. Amit Abraham, a renowned psychologist, was right when he said, “The most dangerous, poisonous, and ferocious animals are only humans.” It is really distressing that certain humans consider themselves to be superior to these beautiful creatures and are ruthlessly cruel to them. The incident of 2020, wherein a pregnant elephant died after eating a pineapple laced with explosives, is etched as a great shame in the annals of humanity as a whole. These barbarous acts raise the question as to how such acts can be stopped. Animals are being tortured, raped, and killed. Amidst this massive extinction of many animal species, a huge amount of hunting, poaching, killing, and torturing of animals is making the situation more alarming. Hence, it is high time that the formation and implementation of the laws become stricter.
Ethical Considerations and Moral Imperatives
The first step in advocating for animal rights is to recognize that they are sentient beings and deserve compassionate treatment. There needs to be a collective moral evolution in society and its attitude towards animals as a whole. A commitment to mitigate the unnecessary suffering of animals is strongly needed in today’s time.
The ethical consideration for animal rights extends beyond the existing legal framework; henceforth, it is necessary that individuals reflect upon the responsibilities that they hold towards animals.
In the 2014 case of Animal Welfare Board of India v. Nagaraja and Others, The Hon’ble Supreme Court opined that animals also have honor and dignity, and the same cannot be snatched away from them.
Legal Frameworks and Protections
Legal frameworks are instrumental in ensuring the protection of animals. Animal welfare laws provide primary legal means to safeguard and protect the rights of animals. Important laws in India with respect to the protection of animals are the Indian Penal Code, 1860; The Prevention of Cruelty to Animals Act, 1960; and the Wildlife Protection Act, 1972. Legal recognition of animal sentience can be regarded as the primary goal in the direction of animal rights. The Indian Constitution, through Articles 48 A and 51 A(g), talks about safeguarding and protecting the rights of animals. Efforts to refine and strengthen the existing legal frameworks for animal rights henceforth reflect upon their dynamic nature.
The judiciary has also taken a strong stand for the protection and safeguarding of the rights of animals. The following case laws also point towards the same:
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Naveen Raheja v. Union of India: Herein, the skinning of a tiger in a zoo was put under question. The Supreme Court mandated that the chairperson of the Central Zoo has the authority to appear before the court in person. Appropriate orders were passed, and it was made necessary for the Central Zoo authority to take cognizance of the matter.
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Tarun Bharat Sangh Alwar v. Union of India: A social action group filed a public interest lawsuit in the Supreme Court under Article 32 of the Indian Constitution. It stated that the Rajasthan government had issued many notifications that declared the Sariska Tiger Park a ‘Sanctuary.’ According to the petitioner, there was an increase in illegal mining in that particular area, and the state government had permitted mining activities that were harming the environment and wildlife. The Supreme Court directed the stopping of mining activity in that area and secured it as ‘protected.’
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State of Bihar v. Murad Ali Baig: The case deals with sections of the Wildlife Protection Act, 1972. The validity of hunting elephants under the provisions of the Indian Penal Code was put under scrutiny. The Supreme Court held that since elephants fell under the list of animals under Schedule I, the hunting of elephants can be deemed to be prohibited.
Challenges in Animal Rights Legislation
Numerous challenges are still in the way of proper animal rights legislation. There is an evident difficulty in defining animal rights. The implications of factory farming, animal testing, and slaughterhouses, which are nothing but “Tophet on Earth,” are yet to be addressed. The inherent tension between human interests, economic interests, and animal rights poses a massive dilemma that needs to be taken into consideration and worked upon. Advocates for animal rights support an expanded understanding that brings together more diverse rights. These rights include the right to live in their natural habitats, the right to life, and freedom from suffering.
The existing practices need to be re-evaluated, which promote the use and exploitation of animals in order to cater to humans. Ethical considerations therefore, become the primary focal point, highlighting the need for legal reforms along with maintaining ethical standards.
Conclusion
In conclusion, advocating for animal rights needs a multifaceted approach. Compassion, along with exploration of animal rights, is needed. It can be stated that ethical considerations and legal frameworks are interconnected, and the existence of both needs to be ensured in order to cater to the rights of animals. The role of public sentiment and advocacy is requisite when it comes to animal rights. Hence, public awareness and advocacy can certainly bring about a change in the domain of animal rights. A well-aware and compassionate public can bring forth great reforms in the domain of animal rights.
Challenges reflect the complexity of human interests in contravention of animal rights. It is high time that the atrocities against animals get stopped in order to ensure their peaceful existence, driven by ethical considerations.
By Samriddhi Shukla, 3rd Year B.A. LLB. (Hons.), Faculty of Law, The Maharaja Sayajirao University of Baroda, Vadodara
