ANIMALS ARE NOT OURS TO ABUSE: A STEP TOWARDS ACKNOWLEDGING ANIMALS RIGHTS
Keywords:
animals, rights, objects, legal, protection, development, judiciary, welfare, cruelty, awarenessAbstract
Historically, there have been various different views regarding animal rights. For e.g. the Pythagoreans (6th–4th century BCE) and the Neoplatonists (3rd–6th century CE) urged respect for animals’ interests, primarily because they believed in the transmigration of souls between human and animal bodies; Hermogenianus, the roman jurist (3rd- 4th century CE) wrote, ‘Hominum causa omne jus constitutum’ (All law was established for men’s sake) and Salmond also declared, ‘The law is made for men and allows no fellowship or bonds of obligation between them and the lower animals.’ This shows that the animals for a very long time have not been considered as legal persons but merely as an living objects. However, the perspective now has little changed. And according to the modern view, it is believed that non-human animals have certain basic interest which should be considered, recognised and protected.
India’s first step to promote the animal protection and animal welfare started by legislating the Prevention of Cruelty to Animals Act in the year 1960 (also called PCA Act, 1960). Although, no amendment has been made in this Act since then yet the progress did not stop here. Significant development has been made with the help of intervention of judiciary with regard to the animal protection and animal welfare. Those dedicated to the cause of animal welfare have perceived an urgent need to raise general awareness about the rights of animals and to increase the stigma that is attached to acts of animal cruelty, so as to make such practices socially unacceptable.
References
1. Jeremy Bentham. Introduction to the Principles of Morals and Legislation. 1789.
2. Convention for the Protection of Birds Useful to Agriculture. 1902.
3. <https://www.ecolex.org/details/treaty/con vention-for-the-protection-of-birds-useful- to-agriculture-tre-000067/> accessed Sep 2, 2019.
4. Regulation of Whaling. 1946.
5. Animal Welfare Board of India vs. A. Nagaraja and Others . 2014. 7 SCC 547 <https://www.casemine.com/judgement/in /58117eb32713e179478af2ca> accessed Sep 2, 2019.
6. Animal Welfare Board of India vs. A. Nagaraja and Others . 2014. 7 SCC 547 <https://www.casemine.com/judgement/in /58117eb32713e179478af2ca> accessed Sep 2, 2019.
7. <https://www.oie.int/en/animal- welfare/animal-welfare-at-a-glance/> accessed Sep 18, 2019.
8. These are also known as Brambell's Five Freedoms, in reference to the author of the commissioned investigation report (Professor Roger Brambell).
9. Jessica Vapnek and Megan Chapman . Legislative and Regulatory Op tions for Animal Welfare . FAO; 2010. accessed Sep 18, 2019.
10. The Prevention of Cruelty to Animals Act . 1960.
11. Ibid, s 11(a)-11(o).
12. Ibid, s 11(a).
13. Bali Parida vs. Nira Parida. 1969. SCC OnLine Ori 129.
14. Abha Nadkarni, Adrija Ghosh. Broadening the Scope of Liabilities for Cruelty against Animals: Gouging the Legal Adequacy of Penal Sanctions Imposed. NUJS L R ev. 2017.
15. Jeff Leslie , Sunstein Cass R . Animal Rights without Controversy. Law & Contemp Probs. 2007; 70(1): 117-138p.
16. Korsgaard Christine M. Personhood, Animals and the Law. Think. 2013; 12(34): 25 -32p. < https://www.cambridge. org/core/journals/think/article/personhood animalsandthelaw/E9F2FBA3B2F8ECF65 A7C6BAD1DC D6D2A> accessed Sep 22, 2019.
17. Peter Singer . Speciesism and Moral Status. Metaphilosophy. 2009; 40(3-4): 567-582p.
18. Tzachi Zamir . Ethics and the Beast: A Speciesist Argument for Animal NJEL (2020) 1–7 © Law Journals 2020. All Rights Reserved Page 7 Liberation. Princeton University Press; 2007.
19. Peter Singer . Animal Liberation. New York: Random House; 1975.
20. Performing Animals Rules. 1973; s 2 (b).
21. The Prevention of Cruelty to Animal Acts. 1960; s 23.
22. Ibid, s 27, s 11.
23. The Prevention of Cruelty to Animals Act, 1960; s 3, “It shall be the duty of every person having the care or charge of any animal to take all reasonable measures to ensure the wellbeing of such animal and to prevent the infliction upon such animal of unnecessary pain or suffering”. Cite this Article Zeenia Nagpal . Abuse: A Step towards Acknowledging Animals Rights . National Journal of Environmental Law. 2020; 3(1): 1–7p.
