Nature has thus filled the earth with an infinite variety of living things, each of which is doing its part in makingthe world beautiful and attractive. The contribution of living resource conservation to human survival and to sustainable development cannot be underestimated. Human beings completely depend on nature, for the quality of the air they breathe, water they drink, climate stability, the food and materials they use and the economy they rely on, and even their health, inspiration and happiness.Animals are one of the important components of the environment. Man is Nature’s last and most wonderful creation. He has learned to fly like the birds, to swim under the sea like the fish, and to harness Nature’s forces and make them work for him. Unfortunately, man has too often forgotten that he has really become a threat to the lower creatures.

The Brambell Report  (UK Technical Committee to Enquire into the Welfare of Animals kept under Intensive Livestock Husbandry Systems)  in December 1965 stated that farm animals should have freedom “to stand up, lie down, turn around, groom themselves and stretch their limbs.” These freedoms were later revised and developed by the UK’s Farm Animal Welfare Council (FAWC) in 1970s and took the present form. These freedoms as updated are freedom from hunger, thirst and malnutrition; freedom from fear and distress; freedom from physical and thermal discomfort; freedom from pain, injury and disease; and freedom to express normal patterns of behaviour.Although originally developed for farm animals, the guidelines can be applied to all animals anywhere in the world.They serve as a useful framework for the assessment of whether animals’ basic welfare needs are being met. These Five Freedoms of animals have been widely accepted as a statement of fundamental principles of animal welfare.Today, these freedoms have expanded.

This World Animals Day on October 4,  the present article would throw some light on the legislative protection available to the animals under Indian legal framework.

Constitutional Philosophy vis-à-vis Rights of Animals

The concern for the protection and conservation of animal lives is clearly reflected in various provisions of the Constitution. It is expressed in the fundamental duty and Directive Principles of State. Article 48 states- The State shall endeavour to “organise agriculture and animal husbandry on modern and scientific lines and shall, in particular, take steps for preserving and improving the breeds, and prohibiting the slaughter, of cows and calves and other milch and draught cattle”. Article 48 A states – The State has to “endeavour to protect and improve the environment and to safeguard the forests and wild life of the country.” Article 51(g) imposes upon every citizen the duty to “protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures.” Both Article 48A and 51A(g) were inserted in the Constitution vide 42^nd Amendment Act, 1976. It was done in order to give effect to India’s international obligations to the Stockholm Conference, 1972.

Various Legislations vis-à-vis Protection of Rights of Animals

Various animal centered legislations exist in India that grant animals their basic rights. At the same time, there are other laws which too have provisions for protection of the animals. The earliest legislations with regard to animals in India were Wild Birds and Game Act ,1887 ; the Wild Birds and Wild Animals Protection Act ,1912 ; and the Indian Forest Act ,1927. In independent India,there exists a number of direct animal-centered legislations – Elephants Preservation Act, 1879; Indian Fisheries Act, 1897; Prevention of Cruelty to Animals Act, 1960; Wildlife Protection Act, 1972 and Biological Diversity Act, 2002.

Table 1 – Legislations for Protection of Rights of Animals in India

The legislations discussed above deal with establishment of certain authorities for implementing the provisions of the Act. The authorities established under these Acts have been discussed below with their role/function.

Table 2 – Statutory Organisations/ Authorities for Animal Welfare etc in India at Apex Level

Sum-Up

The position of animals (whether domestic or wild) is alarming and they are fighting a losing battle for survival. Animal law in India presents some unique legal challenges involving multiple, and sometimes conflicting, statutory schemes. Inspite of the above provisions, cases of animal cruelty, as received regularly across India are on the rise. The reasons for rise include lack of awareness about the laws in favour of animals, minor penal provisions in the law ; lack of compassion towards the living creatures etc.As trustees of natural resources for the generations to come, human beings must be sensitized about the role of nature for their own health and well being.

By Bhumika Sharma

Research Scholar,

Ph.D., Department of Laws,

Himachal Pradesh University,Shimla