Judicial Interpretation Of Animal Welfare: The Role Of Constitution In Shaping Street Dog Rights In India
- IJLLR Journal
- Sep 1
- 2 min read
Swyam Srivastava, BBS Institute of Law, Prof. Rajendra Singh (Rajju bhaiya) University, Prayagraj
ABSTRACT
The issue of animal welfare and their rights, particularly the stray dogs in India, where it becomes an emerging part of concerns of animal safety and also the human beings. In which the apex court also actively takes part in the conflict between human beings’ safety and the stray dogs’ population in the surrounding. The Indian Constitution, through its provisions under Part III, Part IV and Part IV(51A)(g), has laid down the framework of the protection of animals by the judiciary and also as the fundamental duties of the individual citizen. This paper aims to examine the constitutional provisions that frame the rights of animals and the judicial interpretation regarding the welfare of animals, especially of stray dogs.
The on the doctrinal legal research, by reading primary sources such as the Indian Constitution, provisions like Prevention of Cruelty to Animals Act, 1960, Animal Birth Control (Dogs) Rule, 2001 and 2023, Criminal Laws under IPC section 428 & 429 and Judicial intervention and some landmark judgement likely Animal Welfare Board of India v. A. Nagaraja and Animal Welfare Board of India v. People for Elimination of Stray Troubles (PEST).
Article 21 encompass with the rights of the welfare of the animals and right to live with the dignity under the same umbrella this wide article where the human beings are also having protection of live with the dignity in the society. Despite of all these things the municipal concern about the safeguard of human lives especially stary dogs bite cases and the result of the spark of the rabies. But in that instance the judiciary also acknowledged that problem and emphasized a balanced approach by upholding the Animal Birth Control (Dogs) Rules, 2001 and 2023.
Keywords: Animal Welfare, Street Dogs, Constitution of India, Judicial Interpretation, Fundamental Rights, Animal Birth Control
