INTRODUCTION :

The Constitution of India talks about Fundamental Rights and Fundamental Duties. They are two sides of coin. So as per this, Fundamental Duties given in Article.51(g) the seventh Fundamental Duties refer to protect an improve natural environment which includes lakes, plants, animals ,minerals etc. As human being animals are also living organisms. Now a days, question about their protection are increasing for which various acts have been passed by Government such as Wild life Protection Act, 1972,Prevention of Cruelty to Animal Act,1960. The main object behind making these Acts it to prevent Animals from killing and cruelty.

Why protection of Animal’s life has become an issue?

It become an issue because humans for their personal benefits or due to blind customs they put the life of Animals in danger not only that but they kill them. Various incidences has taken places due to which Animals lost their life.

INCIDENCES :

The incidence of Kolhapur, where police arrested a car with three Accused having 10kg of Elephant tusks of which market value was near to 25 Lakhs and they were going to smuggle it at International level. Every year more than 18,000 to 20,000 elephants are killed for their tusks.

One of the trending incident which took place in Kerala, where an Elephant ate a pineapple full of fire crackers which exploded in her mouth and death was occurred. Though in many Articles it published that the nearby farmers to protect their farms from the Animals they kept the pineapple filled with crackers. But, my question is this the right way to protect own things by taking the life of innocent Animals? Is this the way people are ensuring their fundamental duties?

Even for Religious rites and rituals animals are killed. In the State of Assam and West Bengal in many Hindu Temples they sacrifice the goats and chickens due to which nearly 1,00,000 animals were killed after that the temple authorities enacted a ban on sacrifice on animal in the year 2015.

Similarly, in Turkey more than but not least 25,00,000 sheeps , goats, and cows are being sacrificed every year during their festivals.

To make people understand the way they are killing animals for their personal benefits or customs is illegal and for this our government have framed various Rules and Laws which will protect

Animal’s right and the person who are doing such inappropriate acts will be punished under the law.

PUNISHMENT :

According to Indian Penal Code under section – 428 and 429, if anyone kills or torture the animals then there is a punishment of Rigorous Imprisonment which maybe for 2 or more years or fine or both.

ORGANISATIONS :

PETA INDIA : India’s Animal Rights Organization and many other organization such as Blue Cross of India ,Animal Welfare Board of India are working for the protection of Animal’s Right. The main principles of this Organizations are to make people understand that Animals are not to eat, for wear and experiments but they should be treated with humanity.

LATEST JUDGEMENT RELATED TO ANIMAL RIGHT’S PROTECTION:

1. People for ethical treatment of Animals VS Union of India :

FACTS:

In this case, film industries are using animals in their shoots. But at the same time it was necessary to look that no cruelty act during shooting occurs such as beating or kept without food or water or threaten them with strange sound.

JUDGEMENT :

Bombay High Court in the year 2006 gave an important Judgement relating to the above facts. That is the animals can be filmed only if they have obtained a Certificate of no objection from Animal Welfare provision of the performing Animals Rules 2001.

2. STATE OF U P VS.MUSTAKEEM & ORS.

FACTS:

In this case ,FIR was filed against the owner who was transporting his goats for slaughter which is against the provision of the Prevention of Cruelty to Animals Act,1960. After the trials and hearing UP High Court gave the Custody of that goats to owner where matter was under trial.

JUDGEMENT :

Against the judgement of High Court of UP , Supreme Court passed the judgement that animals should be seized from owner and should kept in a Gaushala, which is under the State Government and would not returned to the owner until the case is resolved

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3. ANIMAL WELFARE BOARD OF INDIA VS A NAGARAJA & OTHERS :

FACTS :

The people were encouraging violent and unlawful act that of animals fight which was carried out under the appearance of tradition and culture was illegal.

JUDGEMENT :

In this case, Supreme Court passed its Judgement to ban the practice of racings and fights of animals which was prohibited further. Even, the Court gave punishment and penalties under Prevention of Cruelty on Animal Act,1960.

One another issue from last few years was noticed that cows are dieing because of eating polythene bags and plastic items. More than 1000 cows died due to this. This is a very serious matter so the government took the steps to stop the use of plastic . Prime Minister Shri Modiji, announced to stop use of plastic by 2022. Another problem is of cows slaughter , it is proved in one research that eating cows flesh helps to increase the IQ of a human being. So killing the cows for such reasons should be stopped. As cows are treated as Gaumata in Indian Culture. Cows gives us milk and from which various dairy products can be produced. If the cows are killed than Animal Husbandry will have to face various problems. So the government should take necessary steps regarding this two problems.

Conclusion :

When human acts with cruelty they are characterize them “ an animal” , yet the only a animal that displays cruelty is humanity. Though the laws are powerful but at the same the procedure takes long period because of which people are encouraged in harming animals. As the people know that procedure in Courts takes long time their dare increases day by day to control such Cruelty. Government should take necessary and effective steps so such things get in controlled. Last but not Least new formed Laws can give voice to the Deaf &Dumb Animals who cannot speak about their pains & problems suffered due to cruelty of people and can protect their lives. As the Slogan which is very appropriate for the same is – “Live & Let Live ,” save lives of animals , save environment as all the animals are very important God gift to all human beings. At last greatness of a nation and its progress can be judged by the way its animals are treated.

Author: Pranjali Milind Chaubal, Legal Intern at Legal Desire (June 2020)

Student of Maneklal Nanavati Law College, Ahmedabad studing in 3rd year of L.L.B, area of interests are Constitutional Law, Civil Law, Criminal Law, Arbitration & Concilation.