THE PROTECTION OF ANIMAL RIGHTS AND ROLE OF JUDICIARY

“The greatness of a nation and its moral progress can be judged by the way its animals
are treated.” - MAHATMA GANDHI

1
INTRODUCTION

India is a land of myriad religion and religious beliefs where animals are considered
sacrosanct under various religions such as Hinduism, Islam, Christianity, Judaism etc. India is
the cradle of one of the ancient human civilisations of the world which is The Indus Valley
Civilisation or in common parlance known as The Harrapan Civilisation and right from the
days of this Harrapan Civilisation to the modern urban civilisation animals have been
venerated, worshipped and revered. These animals hold a sacrosanct status and have been
considered as vehicles of deities in Hinduism illustrating their significance and
indispensability.

Animals have since the days of yore sustained human existence and survival by serving as a
mode of livestock. These animals who are sacrosanct according to our scriptures and
religious texts are sadly vehemently exploited, subjected to vituperative oppression and
malevolent nefarious activities by mankind in the present day world. Despite robust or
apparently robust and draconian legislations for the protection of animals from cruelty, there
is rampant tyranny against animals in various parts of the country. Animals are subjected to
caning, taxidermy , mutilation, miming, unreasonable administration of drugs, over loading
etc by man . These atrocities against animals are overt and blatant violations of the existing
laws for protection of animals.
1
Richard Gere,available at
https://www.azquotes.com/quotes/topics/human-cruelty.html (last visited on May 23, 2019).
2
Why Animals Matter: A Religious and philosophical perspective Hinduism Quotations.
3
The Yajur Veda.
4 What does Hinduism teach about animal rights?,
available at
https://www.bbc.com/bitesize/guides/z3ygjxs/revision/5( last visited on May 24, 2019).
5
P.S JASWAL,,&’’ NISHTHA JASWAL, ENVIRONMENTAL LAW, 6 (Third edition 2009).
6
The Qur’an 55:10
7 Id;.
8
The Qur’an 6:38.
9
The Bible Psalm 50:10-11.
10
Ibid; 30
11
The Bible Proverbs 6:6-8

1
In the words of Richard Gere “ As custodians of this planet it is our responsibility to deal
with all species with kindness, love and compassion. That these animals, suffer through
human cruelty, is beyond understanding. Please help to stop this madness!”1

HISTORICAL PERSPECTIVE

A) SACROSANCTITY UNDER HINDUISM

“Avoiding harm to all creatures, this is the true knowledge. All else is ignorance.” 2

- Bhagavad Gita

“You must not use your god given body for killing god’s creatures, whatever it may be
human or animal.” – Yajur Veda3

In India Hindus comprise the major part of the population and Hinduism is the oldest spiritual
religion amalgamating and encompassing multifarious traditions, notions, beliefs and rituals.
Hinduism is the apostle of “AHIMSA” ie non-violence and non-killing along with respect to
any “creature” of the god bestowed upon with a soul , life and death.4

Even in the longest epic saga “MAHABHARATA” the killing of animals in the name of
Yajna was denounced as barbaric and indisciplined acts. In Padma Purana it is enshrined that
people who sacrifice cattle are doomed to perdition. Manusmriti too condemns barbarism
towards animals and states that the perpetrator shall be damned to die as many times as there
are hair on the skin of the cattle. It further enunciates that even after death there is no
redemption from this sin.5

Hinduism bestows a sacrosanct position upon animals who are indispensable for even lord
himself. For example, Garuda a bird is considered to be the vahaana of Lord Vishnu and is
worshipped by the Vaishnava cult. Lion , the king of the forest is the vehicle of goddess
Durga and is venerated by the Shakti cult. All these are evidences of the sacrosanct nature as
well as the sacrament beliefs associated with animals since time immemorial.

B) SACROSANCTITY UNDER ISLAM

“And the Earth, he has assigned it to all living creatures” – (QURAN 55:10)6

This verse from the holy Quran reminds us of our duty to safeguard the “creatures” of the
Earth of which we are mere custodians. The animals like humans are created by Allah for a

2
purpose, they too are living souls with feelings, emotions and therefore, deserve a right to life
along with protection from atrocities.7

Islam firmly believes that humanity is powerless to do as it pleases with living beings
according to its whims and fancies. Hunting and poaching of birds for exultation is absolutely
forbidden by Islam. These animals paragon of Allah’s might and wisdom and mankind is
obliged to ameliorate their health and living conditions.

“Certainly there is no living thing on Earth or on the wing unless it belongs to its own
group the same way that you humans belong to your own race; we have not ignored
anything in the book of creation and eventually all the living things will be resurrected
and return to their lord.” - QURAN (6:38)8

C) SACROSANCTITY UNDER CHRISTIANITY

“For every beast of the forest is mine. The cattle on a thousand hills.” I know every bird
of the mountains and everything that moves in the field is mine.”

- Psalm 50:10-119

The holy Bible states that the Lord created mother Earth and all its creatures entrusting them
under the authority of humanity. He entrusted these pulchritudinous elements of his creation
to our care (Genesis 1:26)10. The Lord expects the Christians to be considerate towards all his
creations and dissuade exploitation or abuse of these creatures as that is deemed to be a
disrespect towards the Lord himself. Abuse of anything that God made is not the character of
God, but rather of the Satan ie the devil.

In Deuteronomy 22:6-7 the Lord promises a perpetual life span to those who shall safeguard
the wildlife The holy Bible also encourages humans to learn from the wit of the animals. “Go
to the ant, you sluggard; consider its ways and be wise. It has no commander, no
overseer or ruler, yet it stores its provisions in summer and gather its food at harvest. –
(Proverbs 6:6-8)11

SALIENT FEATURES OF THE INDIAN CONSTITUTION CIRCUMSCRIBING

THE ANIMAL RIGHTS2

212
INDIA CONST. art. 48A.
13
INDIA CONST. art. 51A, cl. g.
14
INDIA CONST. art. 48A.

3
The 42nd amendment of our constitution in 1976 introduced article 48A12 and 51A(g)13 of the
Indian constitution. These articles traces the obligation of the state to protect wildlife and
environment. Article 48A14 of The Directive Principles Of State Policy enunciates that the
state shall endeavour to protect and ameliorate the environment and safeguard the forests and
wildlife of the country. Furthermore, under article 51A(g)15 of the constitution of India it is
the fundamental duty of every citizen of India to have compassion and clemency for all living
creatures. Article 48A16 and 51A(g)17 of the constitution are often read in consonance with
article 21 of the Indian constitution which guarantees the right to life, liberty and personal
dignity to a person.18

According to article 48 of the Indian Constitution which deals with The Directive Principles
of State Policy it is the duty of the state to organise agriculture and animal husbandry on
modern, scientific lines and to take steps for preserving and improving breeds, prohibiting
slaughter of cows, calves and other milch or drought cattle.19

In list II ie the state list of the 7th schedule of the constitution it is provided that the state has
the power and authority to preserve, protect and improve livestock and prevent animal
diseases and enforce veterinary training and practice20. In list III ie the concurrent list it is
provided that both the centre and the state have the power and authority to a) prevent cruelty
to animals and b) Protect wild animals and birds21

Under the 11th schedule article 243G the Panchayati Raj institutions have the duty and
authority to deal with matters related to animal husbandry, dairying and poultry as well as
fisheries.22

Independent India embarked on a journey towards its maiden legislation for the protection of
animal rights which is The prevention of cruelty to animals act, 1960 , born out of India’s
International obligations such as International trade in endangered species of wild flora and
fauna.
15
INDIA CONST. art. 51A, cl. g.
16
Supra note 14.
17
Supra note 15.
18
INDIA CONST. art. 48A.
19
INDIA CONST. art.48.
20
15 Animal rights every Indian should know, India, available at
https://www.scoopwhoop.com ( Last visited on May 24, 2019).
21
Animal rights in India, available at https://www.thebetterindia.com (Last visited on May 25,2019).
22
Supra note 21.

4
 TIMELINE OF EVOLUTION OF ANIMAL RIGHTS AND THE
LEGISLATIONS PERTAINING TO IT

1) 14,000-1000 BC

Animals sustained human existence on the planet by means of livestock and the
domestication of animals begun with dogs. Meanwhile, from 8,500 to 1000 BC cats, goats,
sheep, cows, pigs, chicken, donkeys, horses, silkworms, camels, bees, reindeer and ducks
were domesticated by man.

The significant religions of the world Hinduism, Jainism and Buddhism vividly described the
sacrosanct nature of animals and advocated the concept of “AHIMSA” which encompassed
abhorrence to exploitation of animals or any other living creatures of God. The apostles of
these religions abjure consumption of meat and animal sacrifice. Jainism was a step ahead of
other contemporary Hindu sub-sects and took precautions to refrain from injuring any animal
or even a mere insect.

Islam, Christianity and Judaism also believed in perdition of those who killed animals. The
ancient Indian philosopher Valluvar authored an exclusive treatise on moral vegetarianism in
his work Tirukkural persuading humans to abjure consumption of meat and adhere to a strict
plant based diet, along with a separate chapter on “AHIMSA”

1600-1800

Ancient thinkers and philosophers advocated protection of animal rights and the first modern
law dealing with animal protection was passed in Ireland and Massachusetts Bay colony.

1800-19143

323
Section 11 in The Prevention of Cruelty to animals act
(11.Treating animals cruelly.— (1) If any person—
(a) beats, kicks, over-rides, over-drives, over-loads, tortures or otherwise treats any
animal so as to subject it to unnecessary pain or suffering or causes or, being the owner
permits, any animals to be so treated; or
(b) 13 [employs in any work or labour or for any purpose any animal which, by reason of
its age or any disease], infirmity, wound, sore or other cause, is unfit to be so employed
or, being the owner, permits any such unfit animal to be so employed; or
(c) wilfully and unreasonably administers any injurious drug or injurious substance to 14
[any animal] or wilfully and unreasonably causes or attempts to cause any such drug or
substance to be taken by 14 [any animal]; or
5
The British Parliament passed the very first national animal protection legislation along with
the formation of the maiden vegetarian organisations being formed in the US and UK. There
was leaps and bounds growth in the American and British anti-vivi section movements in the
late 19th century culminating in the Brown Dog affair. In 1847 the connotation “Vegetarian”
was coined followed by the establishment of the vegetarian society in Britain.

Charles Darwin’s origin of species published in 1859 demonstrated the evolution and
hereditary nexus of humans with animals as Chimpanzees were believed to the ancestors and
forefathers of humans.

In 1960, Indian parliament passed its maiden national animal welfare legislation which is The
Prevention of Cruelty to animals act,1960 to attenuate the agony inflicted on animals.

ANIMAL RIGHTS AND PROTECTION LEGISLATIONS IN INDIA – A VOICE

TO THE VOICELESS

A) THE PREVENTION OF CRUELTY TO ANIMALS ACT,1960

The prevention of cruelty to animals act,1960 prohibits any person from inflicting
unnecessary pain , exploiting any animal. This act aims to curb vituperation of animals.
(d) conveys or carries, whether in or upon any vehicle or not, any animal in such a
manner or position as to subject it to unnecessary pain or suffering; or
(e) keeps or confines any animal in any cage or other receptacle which does not measure
sufficiently in height, length and breadth to permit the animal a reasonable opportunity
for movement; or
(g) being the owner, neglects to exercise or cause to be exercised reasonably any dog
habitually chained up or kept in close confinement; or
(h) being the owner of 15 [any animal], fails to provide such animal with sufficient food,
drink or shelter; or
(i) without reasonable cause, abandons any animal in circumstances which render it
likely that it will suffer pain by reason of starvation or thirst; or
(j) wilfully permits any animal, of which he is the owner to go at large in any street
while the animal is affected with contagious or infectious disease or, without reasonable
excuse permits any diseased or disabled animal, of which he is the owner, to die in any
street; or
(k) offers for sale or, without reasonable cause, has in his possession any animal which is
suffering pain by reason of mutilation, starvation, thirst, overcrowding or other ill-
treatment; ).
24
Supra note 23.
25
Supra note 23.
26
Supra note 23.
27
Supra note 23.

6
According to this act it is a cognizable offence punishable with fine or imprisonment or both
to beat, kick, torture, mutilate, administer an injurious substance or cruelly kill an animal.

Section 11 of the act enshrines the “general cruelty to animals” such as beating, torturing,
kicking, over-driving, over-loading, inflicting unnecessary pain and caging of animals23.
Section 11(l) also curtails and strictly prohibits mutilation of animals (stray dogs included)
and their killing24

Section 11 (2) of this act even states the liability of an owner who has visibly failed to
exercise reasonable care and supervision of the animal he owned. Abandoning or failing to
care for a pet is also listed as an offence under this act.25

Similarly section 11 (b) prohibits the employment of any animal which by virtue of its age or
any ailment is unfit to be employed.26 Section 11 (c) prohibits wilful and unreasonable
administration of an injurious drug or any similar substance to an animal and doing the same
is punishable by law.27

Furthermore, section 22 of The Prevention Of Cruelty to animals act,1960 curbs the

exhibition and training of performing animals unless the person concerned interested in
exhibiting and training the animal is registered with the provisions of this act.28

Under this act it is an offence to engage animals in fighting or shooting competitions and if
an owner fails to provide sufficient food ,drink or shelter to the pet animal or allows an ailing
disabled animal to wander or die in streets shall commit a cognizable offence.

Section 12 of this act imposes penalty for practising Phooka or Doomdev and states that if
any person subjects any cow or milch animal to Phooka or Doomdev (commonly known as
cow blowing ,a process of forceful blow of air into the vagina or sometim4es in the anus
of a cow to induce increased milk production)or allows any such operation to be performed
upon any such animal possessed by him or under his control then he shall be punished with a

428
Section 22 in The Prevention of Cruelty to Animals Act
(22. - Restriction on exhibition and training of performing animals.—No person shall exhibit or train—
(i) any performing animal unless he is registered in accordance with the provisions of this Chapter;
(ii) as a performing animal, any animal which the Central Government may, by notification in the
Official Gazette, specify as an animal which shall not be exhibited or trained as a performing animal.).
29
Section 12 in The Prevention Of Cruelty to Animals Act
(12. Punishment for abetment of offences defined in section 7 or 11- Whoever abets any offence
punishable under section 7 or section 11 whether or not that offence is committed in consequence of that
abetment, shall be punishable with imprisonment for a term which shall be not less than six months but
which may extend to five years and shall also be liable to fine.).

7
fine which may extend upto Rs 1000 or imprisonment for a term which may extend upto 2
years or both.29

B) THE WILDLIFE PROTECTION ACT,1972

The Wildlife Protection Act,1972 is an act passed by the parliament of India and enforced
for the protection and safeguard of plants and animal species on August 21,1972 , but was
later implemented on September 9,1972 . This act forbids the captivity, killing, poisoning or
entrapping of wild animals. This act is applicable to the entire nation except for the state of
Jammu and Kashmir.

The Government of India implemented this act on 1972 with certain objectives such as : a)
prohibition of hunting, b)protection and management of wildlife habitats c)
establishment of protected areas d) Regulation and control of trade in parts and
products derived from wildlife e) management of zoos . The Wildlife Protection act 1972
also forbids Taxidermy meaning the preservation of a dead wild animal as a trophy ,
preserving its skins , antlers , horns, eggs, teeth, nails etc. Prior to this legislation there were
only five designated national parks in India . This first umbrella act established schedules
related to the protection plant and animal species.

This act consists of six schedules of varying degrees of protection. Schedule 1 and part 2 of
Schedule 2 provide absolute protection and the offences under these schedules are awarded
with the greatest penalties. The penalties for Schedule 3 and Schedule 4 are comparatively
less and these animals are protected. Schedule 5 encompasses the animals prone to hunting
and poaching activities. For example common crow, fruit bats, mice and rats only are
included in this schedule. Schedule 6 includes the plants which are prohibited from being
cultivated or planted, these include a)Beddomes’ cycad (cycas beddomei), b)Blue Vanda
(Vanda soerulec) , c)Kuth (saussurea lappa) d) ladies slipper orchids, e) pitcher plant f) Red
Vanda.

The Penalties pertaining to this act are laid down in section 5130. The agencies responsible
for the enforcement and enactment of this act are forest department of the police , the wildlife
crime control bureau, the customs and the CBI (Central Bureau of Investigation). Charge
sheet can be filed directly by the forest department and usually other stakeholder agencies,
often due to paucity of technical expertise hand over cases regarding wildlife to the forest
department.

8
 2002 AMENDMENT OF THE WILDLIFE PROTECTION ACT

The amendment made in 2002 which was implemented in January 2003 made the punishment
5
for the defaulters more draconian.31 The amendment laid down that if a person is caught red
handed in the due process of trade of animal trophies and other derivatives and remnants of
wild animals then he will be subjected to three years of imprisonment and/or a fine of Rs
25,000. The amendment also enhanced the penalties for offences related to wild animals or
their products included in schedule 1 or part 2 of schedule 2 and the defaulters guilty of
hunting or altering the boundaries of a wildlife sanctuary or a national park shall be punished
with a minimum imprisonment of three years which may extend to 7 years with a minimum
fine of atleast Rs 10,000.

530
Section 51 in The Wildlife Protection Act
51. Penalties.—

(1) Any person who 1[contravenes any provision of this Act 2[(except Chapter VA and section 38J)] or
any rule or order made thereunder or who commits a breach of any of the conditions of any licence or
permit granted under this Act, shall be guilty of an offence against this Act, and shall, on conviction, be
punishable with imprisonment for a term which may extend to 3[three years] or with fine which may
extend to 4[twenty-five thousand rupees] or with both: 5[Provided that where the offence committed is in
relation to any animal specified in Schedule I or Part II of Schedule II or meat of any such animal or
animal article, trophy or uncured trophy derived from such animal or where the offence relates to
hunting in a sanctuary or a National Park or altering the boundaries of a sanctuary or a National Park,
such offence shall be punishable with imprisonment for a term which shall not be less than three years
but may extend to seven years and also with fine which shall not be less than ten thousand rupees:
Provided further that in the case of a second or subsequent offence of the nature mentioned in this sub-
section, the term of imprisonment shall not be less than three years but may extend to seven years and
also with fine which shall not be less than twenty-five thousand rupees.] 6[(1A) Any person who
contravenes any provisions of Chapter VA, shall be punishable with imprisonment for a term which shall
not be less than 7[three years] but which may extend to seven years and also with fine which shall not be
less than 8[ten thousand rupees].] 9[(1B) Any person who contravenes the provisions of section 38J shall
be punishable with imprisonment for a term which may extend to six months, or with fine which may
extend to two thousand rupees, or with both: Provided that in the case of a second or subsequent offence
the term of imprisonment may extend to one year, or with fine which may extend to five thousand
rupees.] 10[(1C) Any person, who commits an offence in relation to the core area of a tiger reserve or
where the offence relate to hunting in the tiger reserve or altering the boundaries of the tiger reserve,
such offence shall be punishable on first conviction with imprisonment for a term which shall not be less
than three years but may extend to seven years, and also with fine which shall not be less than fifty
thousand rupees but may extend to two lakh rupees; and in the event of a second or subsequent
conviction with imprisonment for a term of not less than seven years and also with fine which shall not be
less than five lakh rupees but may extend to fifty lakh rupees.).
31
The Wildlife Protection Act 1972, India, available at. https://www.india.gov.in/wildlife-protection-act-
1972- (Last Visited on May 25, 2019).
32
Proposed Amendments to Wildlife Protection Act, India, available at.
https://www.gktoday.in/gk/proposed-amendments-to-wildlife-protection-act (Last visited on May 25,
2019).
33
INDIA CONST. art. 21
34
INDIA CONST. art. 48
35
INDIA CONST. art. 243G

9
The wildlife protection act was also amended in the year 2006 for the purpose of
conservation of tigers and other vulnerable species on the verge of extinction .32

OTHER LAWS PREVALENT IN INDIA FOR THE PROTECTION OF ANIMAL

RIGHTS – A VOICE TO THE VOICELESS

A) Provisions under the constitution of India

The 42nd amendment of our constitution in 1976 introduced article 48A and 51A(g) of the
Indian constitution. These articles traces the obligation of the state to protect wildlife and
environment. Article 48A of The Directive Principles Of State Policy enunciates that the state
shall endeavour to protect and ameliorate the environment and safeguard the forests and
wildlife of the country Furthermore, under article 51A(g) of the constitution of India it is the
fundamental duty of every citizen of India to have compassion and clemency for all living
creatures. Article 48A and 51A(g) of the constitution are often read in consonance with
article 21 of the Indian constitution which guarantees the right to life, liberty and personal
dignity to a person33

According to article 48 of the Indian Constitution which deals with The Directive Principles
of State Policy it is the duty of the state to organise agriculture and animal husbandry on
modern, scientific lines and to take steps for preserving and improving breeds, prohibiting
slaughter of cows, calves and other milch or drought cattle34

In list II ie the state list of the 7th schedule of the constitution it is provided that the state has
6
the power and authority to preserve, protect and improve livestock and prevent animal
diseases and enforce veterinary training and practice. In list III ie the concurrent list it is
provided that both the centre and the state have the power and authority to a) prevent cruelty
to animals and b) Protect wild animals and birds

Under the 11th schedule article 243G the Panchayati Raj institutions have the duty and
authority to deal with matters related to animal husbandry, dairying and poultry as well as
fisheries.35

636
Section 428 in The Indian Penal Code
(428. Mischief by killing or maiming animal of the value of ten rupees.—Whoever commits mischief by killing, poisoning, maiming or rendering useless any animal or animals of the
value of ten rupees or upwards, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.).

10
Independent India embarked on a journey towards its maiden legislation for the protection of
animal rights which is The prevention of cruelty to animals act, 1960 , born out of India’s
International obligations such as International trade in endangered species of wild flora and
fauna.

B) The killing, maiming, poisoning or rendering any animal barren or useless is

punishable with imprisonment upto 2 years with fine or with both under section 428
of the IPC 1860 36: and under section 429 of IPC the jail term of 5 years is applicable
when the cost of the animal is above Rs 50.
C) Under The Animal Birth Control Rules (dogs) 2001 , the relocation of sterilised dogs
from their area is prohibited. In case the dog is not sterilised then the society can
simply ask an animal welfare organisation or committee to vaccinate the dog but they
are not allowed to relocate them
D) Section 98 of The Transport of Animals Rules, 1978 the animals should be in a good
health condition while being transported and pregnant as well as very young animals
should be transported separately
E) The Drugs and Cosmetics Rules 2014, prohibits the usage of animals as guinea pigs
for testing of cosmetic products all over India. In case of violation of the act the
defaulter is liable for punishment for a jail term which may extend from 3 years to 10
years or shall be liable to a fine ranging from Rs 500 to Rs 10,000 or both.
F) Even dissection and experimentation of animals in schools and colleges is banned in
India through the PCAA IE The prevention of cruelty to animals act
G) The laws related to the zoo animals are stated in The Wildlife Protection Act and
provides for establishment of a Central Zoo Authority by the Central government
which lays down guidelines for establishment and scientific management of zoos in
India including healthcare, freedom of movement, a naturalistic environment to the
animals etc.
H) The prevention of cruelty act 1960 and the Wildlife protection act 1972 also
prevents and safeguards birds from being hunted and shooted in shooting
competitions . The prevention of cruelty to animals act 1960 also forbids use of
animals for entertainment and exhibition purposes declaring them as offences.

11
 INDIA – NOT A SAFE HAVEN FOR ANIMALS ???? - Scenarios of
atrocious treatment and cruelty to animals in present times 37

A )SLAUGHTERHOUSE CRUELTY

I) In battery cages 280 millions laying hens are stuffed and jammed in a confined space
where merely 6-8 birds are suppose to be sheltered. According to industry standard
each bird is entitled to 67 square inches of area which is the appropriate living space
for a laying hen

II) The animals are induced to mature faster than the natural process by means of
artificial techniques and administration of illicit drugs such as oxytocin to enhance
maturity and child birth , but in the long run oxytocin renders the animal barren with
diminished lifespan. Because of the selective breeding, the animals are induced to grow at
an alarmingly increased rate. The chickens are made bulky and flattened up for slaughter
every year globally.

III) Dearth of veterinary care to the ailing , aged and injured animals exacerbate the living
conditions in the slaughter house and also decreases the life span of the animal.

B) USAGE OF ANIMALS AS GUINEA PIGS FOR THE PURPOSE OF RESEARCH

AND LABORATORY EXPERIMENTS
Innumerable animals such as monkeys, rats, cats, mice, dogs, rabbits, pigs etc are
7
poisoned and drugged for pecuniary benefits and economic elevation every year. The
animals are used as a guinea pig for testing of cosmetics, drugs, harmful chemicals etc
which drastically diminish their life span and adversely affect their health.8

For example, Albino rabbits are tested for preparation of chemicals that cause irritation
to the eyes. In this process, the liquid form of the chemicals are poured into the eyes of
the rabbits and they’re kept under observation for about 2-3 days. Almost 85% of animal
experiments are carried out on rats and mice. This process of artificial chemical testing is
sheer cruelty to animals as it deteriorates their health.

C) Exhibition of animals and their use in the entertainment industry

737
Cruelty to animals on a rise, India, available at. https://www.thehindu.com/news/cities/chennai/cruelty-
to-animals-on-the-rise/article. (Last visited on May 25, 2019).
8

12
The exhibition and training of performing animals such as Elephants. Monkeys, dogs etc for
entertainment and jest is still prevalent across the length and breadth of our country. In this
process grievous hurt, immense trauma and endless suffering is caused to the animals

Elephants, monkeys and various other performing animals are abused and flaked by the
trainers using whips, electric pods, collars, sticks, muzzles etc , in order to compel the
unwilling animals to perform bizzare tricks. Not only do these animals suffer physical abuse
but also solitude, boredom and frustration from being locked up in cramped cages. These
animals who are confined to cramped cages or chained for months are deprived of their
freedom of movement as well as a natural habitat. These animals should ought to be in their
natural habitats exploring nature , seeking mates in the luscious lap of nature rather than
being loaded and unloaded like furnitures into warehouses and trucks.

Dancing bears and monkeys in street shows – Bears are provided immunity under the
wildlife act, 1972 and the central government has banned “ dancing bears”. The government
of India has prohibited the use of bears, tigers, monkeys, panthers and lions for street
performances. Moreover, there are no rescue facilities for rehabilitation of monkeys before
releasing them into the forest.

Bullock cart racing – An atrocity to bullocks – Bullocks are compelled to participate in cart
races in the villages, towns across India and during this process they are inflicted with pain
and sustain injuries. The cart drivers treat the bullocks with utter devoid of clemency and
poke them with nails, sticks, whip and also drug the bullocks with alcohol in order to make
them swift and agile. This is prima facie violation of the prevention of cruelty to animals act,
1960.

In the case of Ms Jignasha Patel v/s The state of Maharashtra38 and other similar cases ,
the Maharashtra High Court (Aurangabad bench) abjudicated that animal races and fights
along with other hostile and nefarious activities are contrary to the provisions of the
prevention of cruelty to animals act, 1960 and should not be condoned

ROLE OF JUDICIARY AND JUDICIAL DECISIONS THAT AMELIORATED THE

STATUS OF ANIMALS

The judiciary is perhaps the strongest wing of a democratic country. The apex court is the
temple of justice and apostle of equity, morality and good conscience. The judiciary in some

13
of its landmark verdicts has indeed ameliorated the status of animals. Despite having robust
and draconian laws in our country the exploitation of animals still occurs due to various
reasons such as i) Improper implementation of these laws, b) Lack of awareness regarding
animal rights and iii) Lack of a competent watchdog to oversee just implementation of these
laws.

The Supreme court has shown adequate sensitivity towards cruelty of animals and has banned
use of animals in cart races, exhibitions, street shows etc. On 7th May 2014 the Supreme court
banned Jalikattu an age old tradition in Tamil Nadu. Jalikattu is a bull taming festival
celebrated as a part of Mattu Pongal (The 3rd day of the 4 day long Pongal Celebrations) , it
involves launching of bulls into the mob, humping and then taming them. During this entire
process the bull suffer physical injuries and intense agony. To increase the agility of the bulls
9
and to amplify their aggression chilly powder is thrown into the eyes of the bull. The bulls
are also made to consume alcohol in order to drug them. These were contrary to the
provisions of The cruelty to animals act,1960 therefore were outlawed by the Supreme court.

The ban imposed on rekla and Jalikattu was monumental for animal rights and protection.
Embroiled in the conflict of customs and traditions these poor creatures suffered without any
fault of theirs.

In animal welfare board of India v/s Nagaraja & Ors39– The apex court imposed a
10
complete ban on the bull taming festival Jalikattu as they were violative of Sec 3, Sec
11(1)(a), Sec 11(1)(m), Sec11(1)(n) and Section 22 of The Prevention of cruelty to animals
act as well as SEC 51A(g) and (h) of The Constitution of India. The Supreme Court in its
verdict held that bulls cannot be used as performing animals either for the purpose of
Bullock cart races or for bull taming festivals such as Jalikattu, Rekla etc

In the case of Ms Jignasha Patel V/s The State of Maharashtra40 the Maharashtra High
Court ruled out animal races, fights and other hostile activities causing atrocity to animals
as contrary to the Provisions of The Prevention of Cruelty Act,1960.

938
Ms Jignasha Patel v. The State of Maharashtra, A.I.R. 1433 S.C. 1965 (India).
1039
(2014) 7 S.C.C. 547.
40
Supra note 38.
41
(MANU/S.C. 0154/ 2016)
42
Krushi Goseva Sangh v. State of Maharashtra, (1987)S.C.C. online Bom 309.
43
Supra note 23.
44
Bharat Amrutlal Kothari v. Dosukhan Samatkhan Sindhi, (2010) 1 S.C.C. 234.
45
People for Animal v. Md. Mahazzim, (2015) S.C.C. Online Del 9508

14
In the case of Compassion Unlimited Plus Action V/s Union Of India41 the court held that
any action causing unnecessary pain, agony and inflicting injuries on animals is an
offence .

In Consonance with the provisions of PCA the Bombay High Court abjudicated in Krushi
Goseva Sangh V/s State of Maharashtra42 case that the transfer of cattle in jammed cages
not proportionate to their size is an offence under PCA and transportation of these
animals for slaughter amounts to an offence under Sec 11(1)(e) of PCA. 43

In the case of Bharat Amartlal Kothari V/s Dosukhan Samatkhan Sindhi 44where the
facts of the case were regarding the transportation of animals for slaughter via truck by
jamming the animals in a cruel manner inside the truck, the Supreme Court not only made
the truck owners liable of offence but also conferred liability of the offence on the truck
driver as well.

In the case People For Animals V/s Md. Mahazzim45 the High Court recognised the
freedom to fly in the sky as the fundamental right of a bird against the right of man to
confine them in cages for the purpose of trade and other economic activities. Even the
Supreme Court in the case Animal Welfare Board of India V/s Nagaraja & Ors 46 the
scope of article 21 and guaranteed even animals with the right to live with liberty and
personal dignity.47 Thus even animals like humans deserve a dignified life with liberties in a
humane and just environment.

These judicial decisions has indeed uplifted the status of animals conferring them with a
dignified life and fundamental rights. Even the strict implementation of the animal welfare
laws dissuaded nefarious activities against animals.

CONCLUSION

As enshrined in the article 51A(g) and (h) of Indian constitution it is the fundamental duty as
well as moral responsibility of all the citizens to work for the welfare of these mute but
innocent creatures and safeguard them and their rights. Even as discussed vividly above our
religious texts also considers animals to be sacrosanct and terms their killing as an offence
resulting in perdition.

15
Humans owe a duty of care towards the animals as they were the first friends of man during
the early days of existence on Earth. Even in modern times animals have served myriad
purposes starting from being the source of our basic necessities such as food and clothes to
medicines, drugs etc.

“ Sky is like Father, Earth is like Mother, and all the creatures that live in between
constitute a family. Any disturbance to any one of them will disturb the entire system.”

- RIG VEDA48

Therefore, in order to maintain equilibrium of the environment man must protect

animals and treat them with dignity for every living creature of god is precious and
failure to care for them might lead to eternal damnation(perdition) and wrath of the
Lord.
11

1147
INDIA CONST. art. 21
48
The Rig Veda.

16
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