“No human being is justified in regarding any animal whatsoever as a meaningless automaton, to be worked, or tortured, or eaten, as the case may be, for the mere object of satisfying the wants or whims of mankind.”[1]

Introduction

Back when tigers used to smoke, animals in India occupied a non-human status. Animal rights denote the philosophical belief that animals should have rights, including the right to live their lives free from human intervention.[2] The Greek Philosopher Aristotle was of the opinion that human beings are superior to animals because human beings have the capacity for using reason to guide their conduct, while animals lack this ability and instead rely on instinct.[3]

The gospel of truth is that India is the cradle of animals. From the time of Rig Vedas, one or the other god/goddess was discerned with an animal. Lord Krishna was seen with a cow, Lord Vishnu was seen with the eagle and snake, Goddess Saraswati was seen with a swan, Lord Dattatreya always has dogs at his feet, and so on. Every house had cattle in their back yards. Farming was the main occupation of people where bullocks worked beside the farmers and buffaloes were tied at every home to provide milk for the family members. Dogs and cats were treated as parts of one family and lived inside the home. India has such a rich heritage, is always been one of the most prolific and abundant countries inheriting fauna. 

But today time has changed. With the advent of urbanization and industrialization, open spaces are used for the construction of buildings and houses that are occupying most of the area. Such a scenario creates problems for animals as well as for their young ones. 

Issues in Protection of Animals Rights

Ø  The extensive heterogeneity and diversification that animals have made it difficult for any government to make laws and provisions for them.  

Ø  The dearth of scientific information and the latest technology leave India behind other countries.

Ø  Understanding various approaches, policies, and regulations that may affect the ideal welfare conditions and humane practice for animals is a herculean task. 

Ø  The export of animals for opportunities of high trade endangers the life of animals. 

Ø  Animals used in Gaming and Entertainment Industry are treated as chattels. So as to achieve the desired action, animals are not allowed to follow their natural stimuli that result in catastrophic consequences.

Ø  The use of animals in the clothing industry, all for the sake of fashion, gives animals an immeasurable amount of sufferings.

Ø  Urbanization and Industrialization are forcing animals to live in undesirable conditions. 

Ø  Ill-treatment and improper discarding of raw industrial waste into water bodies is harmful to aquatic life.

Ø  Illegal confinement like caging of birds is a violation of their fundamental right to move.   

Challenges in Protection of Animals Rights

Ø  Understanding the practices involved in fisheries, aquaculture, and aquatic animal production is a tough task as it needs a wildlife expert of that field. 

Ø  The challenge is to find different ways to disseminate knowledge of companion animals to companion animal owners. 

Ø  It is the duty of the State to ensure that no killing or sacrifice of any nature of any animal takes place outside a registered or licensed slaughterhouse. 

Ø  State authorities and officials are required to regulate the sale and manufacture of drugs and medicines used for animal purposes. 

Ø  The financial hurdle of funds should not come into the picture for construction of gaushalas and shelter homes for the protection of animals.

Ø  It is necessary as well as interesting to find out that the legal rights that were bestowed on the animals are how far being adopted and enjoyed by the animals in real spirit. 

Ø  It is for the State to review and amend the existing laws and form new policies within the framework of the Constitution and make sure that no inter-religious conflict takes place in the country. 

Conclusion and Suggestions

The shooting match of animal rights is a multi-dimensional point of departure. It regards ethical, political, scientific, economic and constitutional greatness. There is an inherent strength in the economy to conserve and preserve the rights of animals. Judiciary has played a pro-active role in bulwarking the rights of animals in India. Through the constitutional armour the entire animal kingdom, including avian and aquatic ones, are declared as legal entities having a distinct persona with corresponding rights, duties and liabilities of a living person.[4] From the journey of not recognising animals equal to human beings towards the position of giving equal status to animals like humans, this paradigm shift has cherished the role of animals in human lives and has set a benchmark for generations to come.    

It is thus call out that every animal is important in maintaining ecological balance and it is the duty of every Indian citizen to protect and improve the wildlife in the country.[5] Every individual owes “positive duty” towards the welfare of non-human animals which ensures that they are optimally served.[6] Citizens are the “guardians of the animal kingdom” with the duty to ensure their welfare and protection.[7] Animals are not mere objects. This underlines the fact that every individual animal has intrinsic value that cannot be negated.

This article is written by Yash Jain, a third-year student of Institute of Law, Nirma University. The article explores the status of “animal rights” from the ancient period to the current era. The article explicates and throws light on the issues and challenges faced by the Government in the protection of animal rights.