This article is co-authored by Ayush Chaurasia, from Dharmashastra National Law University, Jabalpur and Bhakti Rathi, from NMIMS Kirit P. Mehta School of Law, Mumbai.
“Our treatment of animals will someday be considered barbarous. There cannot be perfect civilization until man realizes that the rights of every living creature are as sacred as his own.”
-Dr. David Star Jordan
Table of Contents
Introduction
All living beings on this earth have a right to live,[i] but very often we become insensitive to their pain and keep hurting them in some way or the other. It is only because animals don’t have a voice and they can’t speak human tongue. In many countries, animals have to fight for their lives every single day.
Animal cruelty as per the Prevention of Cruelty to Animals Act, 1960 is defined as “any act or neglect which may cause infliction of unnecessary pain or suffering to an animal (who is any living creature other than a human being)”.[ii] It is known by many different names such as animal abuse, animal neglect or animal cruelty, and is the harm caused to animals due to omission or neglect of doing an act, or commission of a harmful or hazardous act for various purposes other than self-protection and survival. It ranges from unintentional neglect to intentional killing. Cruelty to animals is mainly, not restricted to physical harm, but also includes psychological harm that includes mental agony, anguish, and fright. It can either be caused deliberately or simply due to delinquency or failure to take good care of an animal.[iii] Like humans, animals are also sentient, are capable of suffering, and have the interest to be treated properly, and lead their own lives.[iv] “All the animals deserve equal protection of rights, regardless of how they taste or how convenient it is to experiment on them”.[v]
The acts of cruelty to animals by humans do not merely reflect signs of a minor personality flaw in the abuser but are symptomatic of a deep mental disturbance.[vi] The motive can be of causing harm or suffering for a specific achievement, such as killing animals for entertainment; cruelty to animals sometimes encompasses inflicting harm or suffering as an end in itself, and the act of doing so is defined as zoosadism which means pleasure derived from cruelty to animals or by hurting them.[vii] This is somehow trending nowadays, that people in order to satisfy their pleasure, hurt animals through practicing many acts of cruelty on them.
When it comes to animal cruelty, the first and foremost thing which comes up in our mind is animal slaughtering, but unfortunately under the purview of Indian laws slaughtering is legal to some extent. Other than that, people use a plethora of acts of cruelty, abuse, and do inhumane treatment with animals. They are often enslaved, beaten, at times kept in chains, and forced to perform for various kinds of humans’ entertainment, they are also mutilated and confined to tiny cages for the purpose of killing and eating them; they are burned, blinded, poisoned, and cut up alive furthermore, in the name of “science”; they are electrocuted, strangled, and skinned alive so that people can parade around in their coats; and much more worse.[viii] Animal abuse is defined as the use of animals beyond the animal limit. Most human beings don’t realize what they are doing to the animal creatures, what harm they are causing to them, they don’t do it on purpose. And due to their acts of nonfeasance and lack of attention, they don’t realize that their act is cruel and is hurting a creature.[ix] Humans don’t understand the importance of animals in our lives, from the past decades they have generously benefited people and contributed to society in numerous ways.
History of animal cruelty in India
Manu Samhita, a fifteen-thousand-year-old ancient work by the law-giver Manu defines clearly the do’s and don’ts in respect of the behaviors of humans towards animals in a series of specific scripted rules or ‘Acts’.[x] This is regarded as one of the oldest and most important texts of this genre which talks about the punishment to a person if any harm happens to any animal or if anyone was caught abusing the animal.
Animal sacrifices were a part of ancient Vedic religion in India, and are mentioned in scriptures such as Yajurveda. The practice of animal sacrifice is mostly associated with Shaktism. ‘Bali’ is the Sanskrit term used for animal sacrifice. Kalika Purana distinguishes Bali meaning sacrifice for the ritual killing of goats and Mahabali meaning great sacrifice for the ritual killing of elephants.[xi] The Ashwamedha ritual (in which a horse was sacrificed) is mentioned in Yajurveda. The rulers of the Gupta empire, the Chalukya dynasty, and the Chola dynasty all performed the ritual. [[xii]][[xiii]] Also, Yudhishtra after winning the Kurukshetra war performed Ashvamedha to become the Chakravartin emperor.
In the history of humankind, till date 100 billion human beings have lived in this world. But today only seven billion human beings are alive, and yet, they kill and torture 2 billion sentient living, conscious animals hebdomadally, and stab, suffocate 1 billion ocean animals in every three hours. The interesting fact here is, human beings would wipe out in one weekend if they were killed at the same rate.[xiv]
Analysis of violence towards animals in the past
Humans and animals used to share a special bond but we often become totally inconsiderate to their pain or suffering. There are innumerous instances that show the lack of basic humanity towards animals. They are enslaved, beaten, killed for fun, dogs are getting raped, mutilated, and confined to tiny cages so that we can kill them and eat them; cows are being artificially inseminated and slaughtered without having a ‘Fit for slaughter certificate’.
In the auspicious festival of Durga Puja, the goddess is offered a sacrificial animal in the belief that it stimulates her violent vengeance against the buffalo demon.[xv] During the festival of Navratri, the Rajputs of Rajasthan offer a sacrifice of a goat to the goddess revered as Kuldevi. The communities like the Kathar or Kutadi in Maharashtra, follow a practice in which they offer a sacrifice of a goat after the delivery of a child in the family. In Orissa every year, animals like goat and fowl are sacrificed before the deity on their festivals and, every three years, a baby pig is sacrificed to the goddesses. This all is being done continuously, even though the killing of animals for religious purposes has been declared illegal by various acts such as; The Wildlife Protection Act of 1972, The Local Municipal Corporation Acts, Rule 3, Slaughterhouse Rules, 2001, and The Prevention of Cruelty to Animal Act (PCA), 1960 and Indian Penal Code, 1860.[xvi]
In 2014, approximately 40,000 camels were slaughtered for the event of Eid-ul-Zuha in the country. Afterward, in 2015, Kerala High Court passed an order which prohibited trade and sacrifice of camels for various religious purposes, in spite of which, a large number of camels were slaughtered during the festival season of Eid that year.[xvii] These instances pushed many animals including camels, to be enlisted as endangered animals in the country.[xviii]
Besides the above-mentioned cases of animal sacrifice, they are also culled or put down to prevent the spread of zoonotic diseases like AH1N1 and AH5N1 in the country. Statistics show that a total of 72.46 lakh birds[xix] were culled during control and containment operations undertaken and to check the spread of avian flu in the country. The procedure of culling has neither helped the country to pull up the disease from the country nor has it acted as a blockade to limit disease in the Indian soil. Even after culling, the disease has continued and caused repetition in the country.
As discussed earlier, nowadays people harm animals to satisfy their pleasure and are getting sexually excited by causing harm to animals. They are harshly exploited due to their incapability of raising voice against these cruelties. In Haryana, a pregnant goat was gang-raped by eight men and in Kolkata, a 35-year-old man was arrested for allegedly having sex with a dog. A medical student from Chennai threw a 5-month-old pup off the terrace. These few incidents show the brutal nature of human beings after which it is hard to believe, how people can be so heartless.
However, in today’s competitive world, animals have also become the target to earn more and easy money as in Maharashtra a body of Leopard with his head and paws were cut off was found in Maharashtra. After which his nails, teeth and other body parts were sold in the market.
“Loving-kindness is to be practiced towards all creatures, timid and bold, great, visible and invisible, near and far, born and awaiting birth”[xx]. This is the text of Gautama Buddha’s scripture Sutta Nipata which reflects his thought of a harmonious relationship with all forms of life. It beautifully reflects that no creature is big or small; no matter it is a human being, an animal, a bird, or anything else, everyone has been granted life and has a right to live their life peacefully without anyone’s disturbance.
Legal scenario in india
Prevention of cruelty to animals act, 1960
The Prevention of Cruelty to Animals Act 1960 (hereinafter referred to as the PCA Act) is considered to be the most inclusive law in force in India in recent times. The PCA was enacted by the parliament after the private member’s bill was introduced by Rukmini Devi Arundale[xxi] in the Rajya Sabha. Prevention of the infliction of unnecessary pain or suffering on animals was the main purpose for the enactment of the act.[xxii] This Act is scripted in various chapters which are discussed in brief below:
Chapter I (Section 1-3)[xxiii]: Preliminary
This chapter provides the commencement, jurisdiction, and definitions of various terminology used in the Act such as “Animal (any living creature other than humans)”, “captive animal (any animals, not being a domestic animal)”, “domestic animal (any animal, to serve human being in any way)” and the “owner (means the custodian or in possession of the animals)”.
The chapter also specifies the duty of a person having a charge of any animal to take all the reasonable measures to prevent the animal from unnecessary pain and suffering.
Chapter II (Section 4-10)[xxiv]: Animal Welfare Board in India
This chapter deals with the establishment of the Animal welfare board of India by the central government to promote the welfare of animals, to keep the law enforce in India, and to make recommendations to the Government for the need of an amendment in any such law.
Chapter III (Section 11-13)[xxv]: Cruelty to animals generally
This chapter is very important as it deals with the action which shall be treated as “cruelty to animals”. Section 11 of the Prevention of cruelty to animals renders kicking, beating, shooting, dehorning of cattle, overloading, overriding, over-driving, and torturing, unnecessary pain to any animal, punishable under the act. The Orissa High Court interpreted this section in Bali Parida v. Nira Parida,[xxvi] as beating an animal which causes unnecessary pain and suffering constitutes an offence. This section requires a nexus between the act of cruelty and unnecessary pain.
In the Animal welfare Board of India v. A. Nagaraja,[xxvii] the apex court recognized that acts of cruelty towards animals, enumerated under the said provision of the PCA, when allowed, is unconstitutional.
In consonance with these provisions of the PCA, Bombay High Court in Krushi Goseva Sangh v. State of Maharashtra[xxviii] held that the transport of cattle in cages not according to their size or carrying any animal in such a manner to subject it to unnecessary suffering or pain are offences under Section 11(1)(e) of the PCA. Also, in the case of Bharat Amratlal Kothari v. Dosukhan Samadkhan Sindhi,[xxix] the apex court held that not obeying the rules for transportation of animals even if they are transported for slaughter amounts to an offence under the PCA.
Chapter IV (Section 14-20)[xxx]: Experimentation on Animals
This chapter deals with the formation of a committee to control and supervise the experiments on animals. It shall be the duty of the committee to take care of the animals and make sure that the animals are not subjected to unnecessary pain and suffering during the experiments on them. Also, it has the power to forbid the person or institutions from carrying on any such experiments that may be for a specified time or for an indefinite time period. The experiments must be performed with due care and under the influence of anesthesia. For breach of the above condition, a person shall be punishable with a fine of 200 rupees.
Chapter V (Section 21-27)[xxxi] : Performing Animals
This chapter deals with the restrictions on the exhibition and training of performing animals. Persons registered under the act can exhibit or train any animal. But if any person not being registered, exhibits or trains any performing animal, then he will be punished with the imprisonment of 3 months or fine or with both. The central government specifies the list of animals which shall not be exhibited or trained as a performing animal.
Wildlife protection act, 1972
This act came into force in 1972, and it prohibits the sacrifice of animals which is considered to be government property, as per Section 39[xxxii]. In this act, the definition of an “animal” includes birds, amphibians, mammals, reptiles, and their young. Section 51[xxxiii], provides a penalty of three years of imprisonment or fine with twenty-five thousand rupees or with both for the person guilty of an offence and in case of a second or subsequent offence, the term of imprisonment will be 7 years with fine of rupees ten-thousand rupees. This act authorizes a police officer to arrest any person without a warrant. According to the act, monkeys cannot be displayed or owned and snake killing is considered as a non-bailable offence.
Constitutional duty and other legal remedies
Animal sacrifice is illegal in India. There are some laws for preventing animal sacrifice such as the Local Municipal Corporation Act, PCA Act, 1960, Wild Life Protection Act, 1972, and also Indian Penal Code, 1860. The Municipal Corporation Acts, 1888 have authorized the municipality to forbid the slaughter of any animal within the corporation area, other than licensed slaughter places.
The legal remedy for the theory which considers animals as “property” under the law is available under Section 506 of the Indian Penal Code, which considers criminal intimidation to life and property as a penal offence.
As per Section 268 of IPC, killing of an animal or harming them unnecessarily amounts to public nuisance and annoyance to the public. The infliction of unnecessary pain and suffering to the animals is prohibited by Section 428 and 429 of IPC. Sections of IPC like 269 and 270, enables a person to file a charge sheet to prohibit the killing of an animal or the sale of the meat obtained from sacrificed animals, in any public place other than those licensed for this purpose. Animal testing is illegal in India, under rule 148 C and 135 B of The Drugs and Cosmetics Act, 1945.
Article 48 and 48A of Part IV, Directive Principle of State Policy of Indian Constitution, states that “the state shall prohibit the slaughter of cows, calves, milch and draught cattle and shall safeguard the wildlife of the country”. Also, as per Part IVA, the State shall endeavor to “have compassion for living creatures”.[xxxiv]
Legal personhood to animals and right to life u/a 21
“Personhood” is a highly debatable term and has a complex nature with varied theories of interpretation. Legal personhood to animals aims at the treatment of animals at par with human beings along with granting those rights and obligations same as human beings have, which can contribute to ensuring proper implementation of anti-cruelty laws for the protection of animals. In India, many cases were filed granting legal personhood to the rivers and deities and treating them as legal persons in the eyes of law.[xxxv] Similarly, a motion was raised that animals should also be given the Right to life under article 21 and legal standing in the eyes of law which will ensure equal justice to them in case of any act of cruelty or abuse practiced upon them. This right can also end the minimal punishments to the abusers that simply pay lip service in the guise of welfare. [xxxvi]
Also, under the Constitution of India, Article 51A (g) of part IV of Fundamental duties of India, it is stated that “the State shall endeavor to protect and improve the natural environment including forests, lakes, rivers, and wildlife and to have compassion for living creatures”.[xxxvii] Animal welfare and animal rights are quite different in the way that animal welfare legislations mainly focus on minimizing animal suffering and on the other hand animal rights focus towards providing justice to animals and granting a tangible legal right to life. The Hon’ble Supreme Court in the case of Francis Coralie Mullins v. Union of India[xxxviii] declared that the Right to Life goes beyond mere existence and includes a Right to live in dignity. Thus, Article 21 which provides Right to Life is no longer purely a Civil and Political Right but has been interpreted by the Courts to further the ends of social justice.[xxxix] In a case, Tripura High Court ruled that sacrifice of an animal in a temple is not an essential part of religion and is also violative of Article 21 of the Constitution of India”.[xl]
Therefore in furtherance of the motion rose for giving legal rights to animals, in 2014, the Supreme Court of India, in the case of Animal Welfare Board of India v. Nagaraja and Ors.[xli] Inter-alia extended the right to life to animals under Article 21 of the Indian Constitution, conferring them with the right to live a life with intrinsic worth, honor, and dignity, and aims for the prevention of arbitrary and unlawful deprivation of their rights.
Similarly, in 2018 legal personhood to animals was conferred in the case of Narayan Dutt Bhatt v. Union of India & Ors.[xlii] Then finally in 2019, a huge step was taken forward in the global struggle for recognition and protection of nonhuman animals’ rights. In the case of Karnail Singh and others v State of Haryana[xliii], the Punjab and Haryana High Court recognized all animals in the animal kingdom, including avian and aquatic species, as legal entities. Also, all the citizens of the state of Haryana were declared persons in loco parentis, which means in place of a parent, and it will enable all the citizens within the state of Haryana to act as guardians for all non-human animals. The case will be remarkable in history because it adopted eco-centric rather than anthropocentric views on legal issues concerning the protection of animals and the environment.[xliv] The court also opined that the legal personhood should not only be limited to human beings. It further recognizes that it’s a moral duty and a binding legal obligation to the people under the doctrine of parens patriae which is described as the power of the state to act as guardian for all the people including children, disabled individuals, and the non-human beings and all those who are unable to take care of themselves in order to protect the right of animals.[xlv]
Death of humanity or the real state of affairs
According to Anthony Douglas Williams “When humans act with cruelty we characterize them as ‘animals’ yet the only animal that displays cruelty is humanity”. This quote truly expresses the scenario, which our world is going through right now. We, human beings, have lost humanity, and are consistently doing acts which harm the other non-human beings. They don’t have the human tongue to express their grief and pain, but that doesn’t mean they can’t feel the pain, which we humans are inflicting upon them every day. Humans need to understand that they are the only ones who can understand their pain and raise voice against the act of cruelty and abuse of animals.
This is a heart-wrenching incident of a pregnant wild elephant that lives in the Silent Valley of Kerala’s Palakkad district. One day she was meandering into a nearby village in search of food, where some locals offered her a pineapple filled with firecrackers, and due to hunger, she unknowingly ate it, as a consequence the fruit exploded in her mouth, after which her jaw was broken and her tongue and mouth were deeply injured, leading to the inevitable tragedy. It is said that the locals of the land usually fill the pineapples with the country made crackers to protect their fields from wild boars. After which the innocent elephant with baby in her womb, walked around in the village, in searing pain and hunger but was unable to eat anything because of her injuries. According to the officer of the valley, she didn’t even harm a single human, even when she was searing in pain across the town. The only mistake she did was, she blindly trusted everyone. After many unsuccessful attempts to rescue her, she finally died in the river, standing with her trunk dipped down in the water.
On the heels of the recent death of an elephant in Kerala, again an act of cruelty was conducted where a tribal gang of 12 people killed a jackal by feeding him country bombs (similar to onion bombs, which are busted on Diwali) covered in meat in a small town of Tamil Nadu. As the jackal took a bite of the meat, the bomb blew up in its mouth, ripping its jaws apart and led him to a dreadful death. [xlvi]
Again, a three-year dog in Thrissur was found with the duct tape tied around its mouth, who survived without food and water for almost two weeks. The dog was thankfully rescued by the members of People for Animal Welfare Services (PAWS) who took it to a hospital and saved its life. Investigation says that the dog was a pet and was tied with duct tape around his mouth because he was barking continuously. A similar horrific incident happened in which two children lifted a dog, covered its mouth, tied limbs in ropes, and dumped it into a pond, and then boys mercilessly pelted stone at the animal making it impossible for the dog to swim or escape.[xlvii]
In Himachal Pradesh, another incident of cruelty meted on a pregnant cow which is trending on social media as #JusticeForNandini, where a cow started bleeding after some miscreants allegedly made the animal eat wheat with crackers and died.
Another dreadful incident occurred in Guwahati, where an 8-year old male leopard was mercilessly lynched to death by a group of people who after killing him removed his teeth and nails and paraded with his dead body.
Suggestions
The imperceptible penalties of the PCA Act and other animals’ laws in India pose a serious problem in better implementation of these laws. As the penalties for violation of animal rights range from 10 to 50 Rupees (for the first offence) which is not commensurate with the gravity of the offence. So, there is a need for stricter laws and harsh punishments for animal cruelty which will lead to fewer cruelty cases.
The problem is that nobody wants to fight for animals. If everyone started giving them a view then we would have far fewer cases of animal cruelty. People should intervene if they witness animal cruelty, abuse, or neglect and report immediately to the respective authorities. We should start treating animals like we treat our family members as they also have life, feelings, and emotions. We can be the helping hand of the animals in need. Parents should teach their children to treat animals with kindness and respect as children who are inhumane to animals often grow up to be inhuman to people and their family members also.
The rules which were made for the protection of animals need to be followed strictly. As per the rules, water and food should be provided to transporting cattle during transit and there must be a certificate from a veterinarian when the cattle are transported from one place to another. But none of them are followed.
Conclusion and way forward
Today, India has recognized the importance of the issue of animal cruelty and has successfully implemented many such laws preventing such practices. In this article, we saw various numbers of acts made solely for animal welfare and protection. There are many sections in the Constitution as well as the Indian Penal Code made for punishing animal abusers. Also, according to the Constitution of India, protection of wildlife is our duty, which every citizen needs to fulfill. The plethora of laws enacted by the Indian legislature reflects the seriousness of the issue in our India and makes the Legal system of India strong as compared to other countries against animal cruelty, and promotion of animal welfare.
We think, the only possible way to prevent animal cruelty and abuse is by the way of public support, which can be taken when every person is well aware of animal cruelty practices and laws regarding animal welfare. General awareness among people is a dire need of an hour, because the matter which is in great interest among the public is taken up by the politicians to earn votes, and the necessary measures towards such matters are implemented.
However, the problem India is facing is not about laws but the correct implementation of it. The major reason for the lack of effective implementation of the animal welfare laws is unawareness among masses as well as among concerned professionals and police officials. The respective police authorities especially those who are engaged in activities like transportation of animals, must be well aware of various laws, and awareness among them is indispensable for correct implementation of animal welfare laws. Most of the time, due to a lack of awareness about such cruel acts, police officials even refuse to register complaints regarding animal abuse. Thus, there is a need for strict implementation of the laws along with general awareness among the public at large. Animal protection and welfare can be ensured only if these obstacles can be removed; also, there is a need for an amendment to some of the existing provisions of the laws, to make it more effective and easier.
Although the Supreme Court has given the right of legal personhood to animals and a right to life under article 21 of the constitution to live with dignity and respect, still their rights are being violated and they are harmed by humans. There is still hope for a future where humans and non-humans will be treated equally, and there will be no discrimination or acts of cruelty practiced upon animals. We as human beings must use our conscience and should make all possible efforts to give animals the respect and rights they deserve. Gary Francione once truly said, “There will never be peace on earth as long as we fill our stomach and cover our bodies with the products of suffering, death, and injustice”.
References
[i] Animal Welfare Board of India v. A. Nagaraja, (2014) 7 SCC 547.
[ii] Prevention of Cruelty to Animals Act, 59, P.C.A Act, Section-2, cl(a) (1960).
[iii] What is animal cruelty? http://www.rspca.org.au/animal-cruelty/what-animal-cruelty
(22/ 06/ 2020, 05.36 pm).
[iv] Nikhil Yadav, Cruelty to Animals: Dynamism In Indian Legal System, http://jcil.lsyndicate.com/wp-content/uploads/2016/04/CRUELTY-TO-ANIMALS-PROTECTION-DYNAMISM-IN-INDIAN-LEGAL-SYSTEM-Nikhil-Yadav.pdf (23/06/2020 at 05.10 pm).
[v] Issues, PETA India, https://www.petaindia.com/issues/ (23/06/2020 at 05.29 pm).
[vi] Essays, UK (November 2018). What Is Animal Abuse? https://www.ukessays.com/essays/sociology/what-is-animal-abuse-sociology-essay.php (23/06/2020 at 05.05 pm).
[vii] Dr. Mark Griffiths, what drives people to torture animals? https://www.independent.co.uk/life-style/health-and-families/features/what-drives-people-to-torture-animals-9844721.html (accessed on 24/06/2020 at 05.05 pm).
[viii] Introduction to Animal abuse, https://shodhganga.inflibnet.ac.in/bitstream/10603/23635/11/11_chapter1.pdf (23/06/2020 at 05.05 pm).
[ix] Ibid.
[x] Ancient Indian legislature, Legal Rights of Animal,
http://shodhganga.inflibnet.ac.in/jspui/bitstream/10603/133042/10/10_chapter%205.pdf (24/06/2020 at 05.05 pm).
[xi] Pramatha Nath Bose, A History of Hindu Civilization During British Rule, vol. 1, p. 65 (25/06/2020 at 05.12 pm).
[xii] Roshen Dalal (18 April 2014), Hinduism: An Alphabetical Guide. Penguin Books. p. 207 (25/06/2020 at 05.21pm).
[xiii] Uma Marina Vesci (1992). Heat and Sacrifice in the Vedas. Motilal Banarsidass Publisher p.103 (25/06/2020 at 05.25 pm).
[xiv] Philip Wollen, looking at the future, what makes you hopeful? https://www.swissveg.ch/philip_wollen?language=it (24/06/2020 at 05.05 pm).
[xv] Christopher John Fuller (2004). The Camphor Flame: Popular Hinduism and Society in India. Princeton University Press. pp. 46, 83–85 (25/06/2020 at 05.14 pm).
[xvi] Animal Protection Laws for the Guidance of Police, HAWOs, NGOs AND AWOs, http://www.caretrust.in/Animal%20laws%20of%20india.pdf (25/06/2020 at 05.15 pm).
[xvii] Gandhi, Maneka, The Sinking Ship of the Desert, The Hindu (Sept 21, 2015) http://www.thehindu.com/opinion/op-ed/the-sinking-ship-of-thedesert/article7671220.ece (25/06/2020 at 05.15 pm).
[xviii] Rhyddhi Chakraborty, Animal Ethics and India: Understanding the Connection through the Capabilities Approach, https://www.banglajol.info/index.php/BIOETHICS/article/view/31081/20939 (26/06/2020 at 6.05 pm).
[xix] Status of Avian Influenza in India, http://dahd.nic.in/sites/default/filess/AI_Note_updated_30.11.15.pdf01.pdf (25/06/2020 at 6.20 pm).
[xx] Chakraborty, Rhyddhi, Insights of Hinduism and Buddhism: A Study of the Possible Remedies for Deep Ecological Problems. M. Phil. Dissertation. Dept. of Philosophy, University of Calcutta, 2006.
[xxi] Gopalkrishna Gandhi, The woman who said no: How Rukmini Devi chose dance over presidency, HINDUSTAN TIMES, March 4, 2016, available at http://www.hindustantimes.com/columns/the-woman-who-said-no-how-rukminidevi-chose-dance-over-presidency/story-5OKAXlR0N46d8QfiUX1QWI.html (Rukmini Devi was a Theosophist, Dancer, Choreographer and Teacher of Bharatanatyam, Founder of Chennai’s iconic Kalakshetra, a nominated member of the Rajya Sabha, Champion of animal rights, and the first Chair of the Animal Welfare Board).
[xxii] The Prevention of Cruelty to Animals Act, 1960, Statement of Object & Reasons.
[xxiii] Prevention of Cruelty to Animals Act, 1960.
[xxiv] Ibid.
[xxv] Ibid.
[xxvi] Bali Parida v. Nira Parida, 1969 SCC Online Ori 129.
[xxvii] Supra note 1.
[xxviii] Krushi Goseva Sangh v. State of Maharashtra, 1987 SCC OnLineBom 309.
[xxix] Bharat Amratlal Kothari v. Dosukhan Samadkhan Sindhi, (2010) 1 SCC 234.
[xxx] Prevention of Cruelty to Animals Act, 1960.
[xxxi] Ibid.
[xxxii] Section 39, Wild Life Protection Act, 1972.
[xxxiii] Section 51, Wild Life Protection Act, 1972.
[xxxiv] Art. 51 of the Constitution of India, 1950.
[xxxv] The Legal Status of Animals in India, http://www.nja.nic.in/Concluded_Programmes/2016-17/SE5_(25,26-03-2017)_PPTs/5.Legal (25/06/2020 at 05.49).
[xxxvi] Ibid.
[xxxvii] Art.51A (g) of the Constitution of India 1950.
[xxxviii] Francis Coralie Mullins v. Union of India, 1981 SCR (2) 516.
[xxxix] Legal Status of animal in India, http://www.nja.nic.in/Concluded_Programmes/2016-17/SE-5_(25,26-03-2017)_PPTs/5. (accessed on 25/06/20 at 11.44 am).
[xl]Animals Have ‘Fundamental Right To Life: Tripura HC Bans Animal/Bird Sacrifice In Temples, https://www.livelaw.in/top-stories/tripura-hc-bans-animal-bird-sacrifice-in-temples (22/06/2020 at 05.49).
[xli] Supra note 1.
[xlii] Narayan Dutt Bhatt v. Union of India & Ors., 2018 SCC OnLine utt 645.
[xliii] Karnail Singh and others v State of Haryana, 2019 CRR-533-2013.
[xliv] Ibid.
[xlv] Sonia Shad, Indian High Court Recognizes Non-human animals as Legal Entities, https://www.nonhumanrights.org/blog/punjab-haryana-animal-rights/.( 25/06/20 at 11.40 am).
[xlvi]India.com Viral News Desk, Jackal Dies After bomb wrapped in meat explodes in mouth. https://www.india.com/viral/jackal-dies-after-bomb-wrapped-in-meat-explodes-in-its-mouth-horrified-netizens-ask-how-long-will-this-sadism-continue-4054071/ (29/06/20 at 12.48pm).
[xlvii] OP India, Are you working for India or China?https://www.opindia.com/2020/05/tiktok-videos-animal-cruelty-read-maneka-gandhi-scathing-letter-china-company/(29/06/20 at 12.48pm).
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