ANIMAL RIGHTS AND ITS CONSTITUTIONAL BACKUP IN INDIA!!
Updated: Oct 8, 2020
Many people have this question in their minds that why should animal have the rights? They question the fact that- "Can they even talk?" or "Can they even reason?" The answer is no, neither they can express nor they can talk, but YES, they do surely "suffer". The capacity to suffer is the most essential characteristic that gives a living creature, the very right to equal consideration. All the animals have the ability to suffer in the same way and to the same extent that humans do. They do feel pain, pleasure, fear, frustration, loneliness and motherly love. Animals surely deserve to live their lives freely without suffrage and exploitation. They have an inherent worth, a value completely separate from their usefulness to humans.
Animal Rights is not just an ideology, but it is a social movement that is in itself a challenge to the traditional view of society that "all nonhuman animals exist only for the purpose of human use". It's the prejudice that lets us believe to deny others the rights that we expect to have for ourselves. We, as a society do not want them to be considered as a part of the society. We just see these voiceless animals as a threat. We just need to understand the fact that in the ecosystem, each one of us has a role to play. The entire food web will be disturbed, if we put away even a single creature of it. So, we should clearly perceive the fact that every creature is equally essential for the existence of each other.
The animals are treated in an inhumane manner during these experiments, where they are used for various purposes like- chemical testing, drug testing, food testing and which results in a 100 million animals and more killings of the innocent animals. The cruellest of all the acts is the fact that they are not even given proper anaesthetics so that they can bear the extreme pain or sufferings throughout the experiments. If the science has advanced so much, that in every field there is a huge number of alternatives to each and every product, can't we find some other way of testing and experimentations to it?
The INDIAN CONSTITUTION has a few articles in the favour of animal rights- ARTICLE 51(A) (g), which states the duty of a citizen to protect and improve wildlife and have love for the living creatures. While ARTICLE 48, prohibits the slaughter of cows and calves and other cattle. It is not lawful to do so because it comes under DPSP and is also violative of the right to freedom. The power and authority to Gram Panchayats to look into the matters of animal husbandry, poultry farming and farm forestry, is stated under ARTICLE 243(G).
While under INDIAN PENAL CODE, SECTION 428 and SECTION 429 are given to safeguard the rights of the animals. According to section 428, whosoever commits mischief by torturing, poisoning, thrashing or killing any animal will be punished with an imprisonment of 2 years or fine or both. While under section 429, if the cost of animal exceeds Rs.50 the term will extend up to 5 years.
WILDLIFE PROTECTION ACT, 1972
It was formed by the Indian Parliament to protect the animal and plant species. It safeguards all the birds, wildlife animals and the plants and this act is enforceable in the whole country. It puts forward a framework for the future generations to preserve the ecosystem.
PREVENTION OF CRUELTY TO ANIMAL ACT, 1960
The purpose for which the act was enacted was to prevent the infliction of unnecessary suffrage of the animals and to make the amendments in the laws relating to prevention of the cruelty with the animals. The AWBI was initiated by the Government of India in accordance with the Act.
SLAUGHTER HOUSE RULES, 2001
Under this, animals are not allowed to be slaughtered in any other place other than in the slaughter house, that too recognized by the authority.
- LEGAL HUMMING
Komal Sabhnani (CO-AUTHOR)