The Recognition Of Animal Rights And Its Implication On Animal Protection Laws

Vikram Krishna C S, School of Law Christ University, Bangalore

ABSTRACT

There is an argument that a Right-based approach cannot be adopted concerning animals; only a welfare approach is practical. This paper argues contrary to this argument that by providing animals a separate legal status like that of an idol, corporation, or an unborn, etc., where such persons do not possess all the rights of a natural human being, but certain rights are recognized for legal purposes. Judicial activism is possible where gradually, more and more freedoms are provided to animals, and they will no longer be viewed as mere property, which is their current position under a welfare approach. The institutionalization of cruelty towards domestic animals illustrates the speciesism that exists in the current society. Wild animals, which are sparsely populated, are comparatively well protected as the sentiments towards them are different compared to domestic animals, which provide utility to humans via meat and poultry. There are flaws in the animal rights approach as well. The animal rights approach would mean mandating veganism. Law must serve society's needs while being moral. Hence, veganism can be promoted but never mandated. This paper claims that through recognition of certain rights of animals, the sanctions imposed against perpetrators will strengthen, and the statutes protecting animals will take all animals into consideration, not limiting themselves to animals that are at the brink of extinction.

This paper shall look at the steps taken globally to reduce the cruel and unethical treatment of animals and compare it with India's efforts toward a welfare state that recognizes the interests of animals.