Animal Harassment Laws & Protection Organizations In India!

Animal Abuse

Animal abuse happens more frequently than most of us all know. Animal abuse can be deliberate or by neglecting them to take care. We humans only focus and believe on human education. Teaching animal welfare education is also important as it creates a sense of compassion, justice, and a respect for the value of all living things. Animals know who they are and who their friends are and also know who their rivals are. They compete for their lives, as like we compete to earn a good livelihood and to satisfy our needs. We both try to stay alive, to get food and shelter. Animals are no different from us in that regard and their presence here on Earth is tremendously enriching.

As we have our rights laid down in our Constitution, Animals also have equal rights for their well-being and safety which are described as “The Five Freedoms”:

  1. Freedom from thirst, hunger and malnutrition by providing them proper nutrition and water.
  2. Freedom from discomfort by providing them appropriate environment for their shelter.
  3. Freedom from pain, injury, and disease by providing them quick and speedy treatment
  4. Freedom to express normal behaviour by providing them open space
  5. Freedom from fear and distress to not give mental suffering, as they also have emotions.

Article 21 of the Indian Constitution states that no person shall be deprived of his life or personal liberty except according to the procedure established by law. Black’s law dictionary mentions persons to be of two kinds; natural and artificial. Artificial persons, as the Jurists from time to time emphasized, are any being which is capable of having powers and duties.

Based on this reasoning, Uttarakhand High Court in Narayan Dutt Bhatt v. Union of India declared the entire animal kingdom to be legal entity having a distinct persona with corresponding rights, duties and liabilities of a living person.

Punjab and Haryana High Court in Karnail Singh v. State of Haryana reiterated this position and held that animal kingdom needs to be protected as a legal entity under Article 21.

The Supreme Court of India in the case of Animal Welfare Board of India v. A. Nagaraja & Ors, has widely interpreted Article 21 to include the rights of animal as well. The court held that “Every species has a right to life and security, subject to the law of the land, which includes depriving its life, out of human necessity.

Article 21 of the Constitution, while safeguarding the rights of humans, protects life and the word “life” has been given an expanded definition and any disturbance from the basic environment which includes all forms of life, including animal life, which are necessary for human life, fall within the meaning of Article 21 of the Constitution .”

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