From Welfare To Rights: An Analysis On Animal Cruelty In India
- IJLLR Journal
- 11 hours ago
- 1 min read
Rohan Srivastava, Guest Faculty, Madhusudan Law University, Cuttack, Odisha Research Scholar, KIIT School of Law, KIIT Deemed to be University, Bhubaneshwar
ABSTRACT
This research paper examines the evolving discourse on animal cruelty in India through the lens of a gradual shift from a welfare-based approach to a rights-oriented framework. Traditionally, Indian law has treated animals under a welfare paradigm, primarily reflected in the Prevention of Cruelty to Animals Act, 1960, which focuses on preventing unnecessary suffering rather than recognizing inherent rights of animals. However, recent judicial developments, particularly through expansive interpretations of Article 21 of the Constitution, have begun to acknowledge animals as sentient beings entitled to dignity and protection. This paper critically analyzes the adequacy of existing legal mechanisms, highlighting significant gaps in enforcement, outdated penalties, and institutional inefficiencies. It further evaluates the role of the judiciary in advancing animal rights jurisprudence, often compensating for legislative inertia by introducing progressive principles such as the doctrine of parens patriae and the recognition of animals’ intrinsic worth. Additionally, the paper explores international developments and comparative perspectives to assess how India can transition towards a more robust rights-based model. By integrating legal analysis with ethical considerations, the study argues that mere welfare measures are insufficient to address systemic cruelty and calls for comprehensive reforms, including stricter penalties, better enforcement mechanisms, and explicit recognition of animal rights. The paper ultimately contends that a paradigm shift towards a rights-based approach is essential for ensuring meaningful and lasting protection of animals in India.
Keywords: Animal Cruelty, Animal Rights, Animal Welfare, India, Prevention of Cruelty to Animals Act, 1960, Article 21, Judiciary, Legal Reform, Sentient Beings.
