From Rights To Regulation? Shifting Judicial Approaches To Animal Welfare And Testing In India

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Raghavi Jammula, VIT-AP School of Law

ABSTRACT

This paper examines how Indian jurisprudence has evolved when it comes to animal rights specifically, using animals for scientific tests. While significant literature exists about the ethics, science, and alternatives related to animal testing there is a gap on how jurisprudence evolved to treat testing of animals vis-a-vis their rights in India. This critical doctrinal study aims to fills that gap. The paper analyses different judgements and their underlying approach to animal rights in the context of testing. Secondary legal sources are also considered. For context, the paper briefly looks jurisprudence from the UK, the EU and the US. This analysis shows a clear shift in how Indian courts are handling issues related to testing of animals for research purposes. At first, courts seemed to be moving towards recognizing potential constitutional rights and dignity for animals. The Nagaraja (Jallikattu I) judgment is a key example of this. However, more recent decisions, like Jallikattu II and PETA India v. Union of India, have pulled back from that approach. These later judgments give more weight to decisions made by the legislature. They focus on enforcing the current legal framework and encouraging alternatives, rather than basing animal protection on inherent rights.

It has been concluded that the jurisprudence has moved away from a possible rights-based approach. Instead, it has become more practical and focused on regulation. This approach balances animal welfare against human interests within the legal framework.

Keywords: Animal Rights, Prevention of Cruelty, Animal Testing,

FROM RIGHTS TO REGULATION_ SHIFTING JUDICIAL APPROACHES TO ANIMAL WELFARE AND TESTING IN I.

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