Tarunya. S, LLM, Constitutional and Administrative Law, School of Law, Christ (Deemed to be University), Bengaluru
ABSTRACT
In light of the recent incidents of atrocities against animals in India, there has been mounting pressure for a revision in the animal welfare legislations in order to bring about stricter punishments for acts of animal cruelty. This stance has highlighted that the legal position of animals is in imminent need of examination. Broad philosophical discussion has surrounded the concept of animal rights, their personhood and status in law. India has traditionally adopted a welfare-based approach for animal protection, but the recent judicial trend has indicated a shift towards a rights-based approach. This raises doubts regarding the suitability of the welfare-based approach and whether there is a need to adopt the tenets of the rights-based approach. Though judicial recognition has been accorded to animal rights, the problem lies in the inadequacy of the legislative incorporation and application of a rights -based approach in relation to protection of the lives and livelihoods of animals from instances of cruelty. The upcoming discussions of the paper provide an overview of the foundation of animal rights and the obligation that people owe to non-human creatures in the jurisprudence of animal protection. The various kinds of obligations and ideologies supported by jurisprudential groups and the differences amongst the views taken by them have been analysed, so as to induct and apply these in the Indian context, in the background of criticism surrounding the Prevention of Cruelty to Animals Act, 1960.
Key Words: Animal Cruelty, Personhood, Welfare, Rights.
