The surge in stray dog incidents in India has resulted in a call-to-action by the Supreme Court. The court declared that a balance must be achieved between the safety of humans and the rights of animals. The court also proposed that individuals who feed stray dogs might be held accountable for their vaccination and any costs incurred if the animal attacks someone.
Why is there a Need to Balance Human Rights and Animal Welfare?
The increasing tension between human safety and animal welfare raises a fundamental question about the rights of wild animals within human-dominated societies, particularly within the Indian constitution. Ancient Hindu texts stress the importance of respecting all life forms as they are believed to have originated from the same divine power as humans. This respect encompasses animals which were historically punished for wrongdoings in certain ancient societies. Over time, the consensus evolved that animals lack the ability to differentiate between right and wrong, making punishment useless. This shift in thinking led to the development of legislation that protects animals from negligence by their owners.
What are the Noteworthy Legal Judgements on this Issue?
In 2014, while banning the practice of Jallikattu (bull-wrestling) in Tamil Nadu and Maharashtra, the Supreme Court ruled that the right to dignity and fair treatment was not exclusive to humans but extended to animals as well. Animas were recognized as legal entities with corresponding rights, duties, and liabilities. Citizens were declared to hold legal responsibilities similar to those of a parent towards minor children, for the welfare and protection of animals within their respective states.
How does the Constitution Protect Animal Rights?
The Indian Constitution mandates every citizen to maintain and preserve the country’s natural resources, including animals. However, these obligations mainly fall under Directive Principles of State Policy (DPSP) and Fundamental Duties, only enforceable with statutory backing. Article 48A emphasizes on the state’s responsibility to protect and enhance the environment and wildlife in the country. Article 51A(g) mandates every citizen “to have compassion for living creatures”.
What Legislation Exists for Animal Protection?
Legislation in India for animal protection is broad and comprehensive, falling under several different laws. These include the Indian Penal Code (IPC), which provides consequences for cruelty such as killing, poisoning, or maiming animals, and the Prevention of Cruelty to Animals Act of 1960, aimed at preventing unnecessary pain or suffering on animals. The Wildlife Protection Act of 1972 safeguards plants and animals, ensuring environmental and ecological security. This Act also prohibits hunting endangered animals and supports the establishment of wildlife sanctuaries, national parks, and zoos.
Way Forward
While legislation and judicial decisions provide a solid basis for animal rights, balancing these rights with human safety remains crucial. Abuse towards animals must be stopped, and humans should abandon their patronizing approach towards other species. Intellectual superiority of humans cannot override the rights of other living species. Co-existence of all life forms is essential to prevent an imbalance in our ecosystems.
