Animal have legal rights - What everyone must know

Legal expert Priya Jain tells us what's animal rights in India all about and under what provision is non veg consumption allowed in the country

Pic courtesy: Pixabay

Ensuring the fact that animals are well treated and cared for is a hallmark of every civilised society. And it's not merely our act of kindness, it's the RIGHT of animals that they be treated with dignity. The Indian constitution gives legal rights to animals. Priya Jain, Co-founder of Finology Legal, decodes these laws for Zee News readers.

Animal rights are enshrined under our Constitution within Article 51-A (G) and 48 A and under IPC sections 428 & 429 along with the other statutory laws such as the Wildlife Protection Act and Prevention of Cruelty Act (especially section 11), Priya said.  She futher elaborted that in cases of torture such as capturing, trapping, poisoning, baiting, or trying to do so to any wild animal, injuring, harming, or destroying any wild birds or reptiles, etc., these provisions come to the rescue.

She emphasized that each one of us needs to be familiar with the rights given to voiceless animals so that when we see people being cruel to the animals, we will know what to do and where to go.  “The greatness of a nation can be judged by how its animals are treated,” Mahatma Gandhi had said. However, in the past few years, India has witnessed a growth in animal cruelty cases despite legislation on the same. 

The Prevention of Cruelty to Animals Act 1960 is legislation that deals with offenses relating to animal cruelty or torture. Section 11 of this Act provides the definition of animal cruelty which includes: Cruelty against the person's pet, inhumane slaughter, inhumane transportation, inhumane living conditions (even for animals destined for slaughter), tail docking, ear docking.

The provision also prescribes punishment for mistreating animals, the offenders shall pay a fine extending up to Rs 50. And, in case of a second offence, fine can extend up to Rs 100 or with imprisonment for up to three months or with both. 

Some obervations of court of law has suggested that animal rights are as important as human rights in India. Priya asserted that as Article 21 guarantees that no person shall be deprived of the right to life and personal liberty. The Supreme Court has expanded the scope of this article to animal rights. 

Every species has a right to life and security concerning the law of the land, which includes depriving its life of human necessity. Our Constitution ensures animal protection under Articles 51A or 48A, she stated.  Still, these being  Directive Principles of State Policy (DPSP) and fundamental duty, are not directly enforceable in Indian courts. These can be made enforceable somehow by taking an expansive judicial interpretation and bringing it within the vicinity of Article 21 of the Indian Constitution, she summarized. 

Here's a Q&A with Priya Jain about animal rights in India:

What happens if laws and rules are not followed? 

Pevention of cruelty Act, 1960 under section 11 itself specifies stringent punishment in cases of animal cruelty, and the punishment not only talks about a fine that extends up to Rs 25,000, but it also attracts a jail term of 3 years. That is - for the first offence, two years of imprisonment, and for the subsequent offences, three years of imprisonment. Animal cruelty also involves neglect of animals like depriving them of food, water or medical treatment.

Is killing animals a crime in India?

The killing of an animal or pet is illegal, and it is an offence of cruelty to animals as defined under Section 11 of the Prevention Of Cruelty Act, 1960. Also, it is a cognizable offense under Section 428 and Section 429 of the Indian Penal Code. 

Then how are people allowed to eat non-veg? 

One of the reasons can be ecological balance and that they are domestic animals. Goats and chickens are domestic animals. They live in enclaves in human-controlled areas, are fed and eaten by humans, and have very little interaction with other species. They are essentially part of the human ecosystem.  However, Article 48 guides the states to make efforts to ban the slaughtering of cows and calves, along with other milch and draught cattle. It directs them to organize agriculture and animal husbandry on modern and scientific lines.