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Protection of Animal Rights with Special Emphasis on Religious and Cultural Customs & Practices

ABSTRACT

Quoting the words of Swami Vivekananda, "All things in the universe are of divine origin and deserve to be loved." Animals are just like any other organism, a gift of the almighty to mother earth. Therefore, it becomes quite imperative for humans like us not to exploit them for our own purposes or benefits and to protect their rights. The following points have been discussed in the presented research paper. Firstly, speaking about the tortures and subjugation the animals have to go through is really inhumane, and the conditions kept in shakes the very ethics of the society. If we as humans are given the same treatment as they are, only then we'll realise how harsh the treatment is unleashed upon them. Secondly, there are various organisations operating within as well as outside India and putting in efforts to curtail the maltreatment. Thirdly, various laws do exist which deem to bring an end to animal cruelty, but unless effective implementation is there, laws seem nice only on paper. Fourth, talking about the religious and socio-cultural customs and practices which have deep root impact upon the society with instances from recent times. Fifth, discussing and putting forward possible solutions to put an end to the menace of animal cruelty.

 

We as humans do have some basic responsibility that we have to carry out and one of these includes showing compassion towards other beings. Despite the nature's fury from time to time, because of the imbalance created by humans in the environmental ecosystem, we still haven't learnt many lessons. Animal cruelty is one of them. The mistreatment of animals often involves subjecting them to extreme pain, suffering, and exploitation. Inhumane practices can encompass various situations, including factory farming, animal testing, entertainment industries like circuses or marine parks, and illegal wildlife trade, etc. With reference to this article, we'll also take in various callous exercises carried out in the name of religion or protection of culture.


The notable organisations advocating for animal rights are namely, People for the Ethical Treatment of Animals in short PETA, works to raise awareness about animal cruelty and promote cruelty-free practices. Blue Cross of India is another prominent name, focusing on animal rescue, adoption, and education to promote compassion and responsible pet ownership. Amongst the notable government agencies are Animal Welfare Board of India, which is in itself a statutory body established by the Prevention of Cruelty to Animals Act, 1960 and works under the Ministry of Environment, Forest and Climate Change, Government of India. Wildlife Trust of India, a non-governmental organisation is another big name, while primarily focused on wildlife conservation, WTI also plays a role in addressing animal cruelty by working against the illegal wildlife trade and promoting coexistence between humans and animals.


Now coming to the legalities governing animal rights specially in India, first and foremost being the Article 21, Right to Life. In the case of Animal Welfare Board of India v. A. Nagaraja & Ors, this case was filed in the Supreme Court of India by the Animal Welfare Board of India (AWBI) in 2010 to ban Jallikattu due to concerns of animal cruelty and public safety. The Supreme Court ruled in favour of the AWBI and held that Article 51 A (g) of the Constitution is the “magna carta of animal rights” and made several observations to safeguard the “life” of animals under Article 21. The Supreme Court in its obiter dictum held, "Article 21 of the Constitution, while safeguarding the rights of humans, protects life and the word “life” has been given an expanded definition and any disturbance from the basic environment which includes all forms of life, including animal life, which are necessary for human life, fall within the meaning of Article 21 of the Constitution." Next coming on to the DPSPs, though not enforceable, but still carry a significant value envisioned by our forefathers, our constitutional makers. Article 48 thereby states that, "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." Next glancing upon the fundamental duties, Article 51A (g) places a duty on the citizens of India to protect and improve the natural environment and have compassion for all living creatures. As interpreted in Animal Welfare Board of India v. A. Nagaraja & Ors. (2014), compassion for all living creatures includes concern for their suffering and well-being. Even the Indian Penal Code, Sections 428 and 429 of the IPC ensure punishment for killing or maiming animals. Under Section 428 of IPC, “Whoever commits mischief by poisoning, rendering, killing, or maiming any animal or animals of the value of ten rupees or more should be punished with imprisonment for a term extending to two years, or with fine or with both.” On the other hand, Section 429 of IPC states that “Whoever commits mischief by killing, poisoning, maiming or rendering any animal or animals of the value of fifty rupees or more should be punished with imprisonment for a term extending to five years, or with fine, or with both.”

Source: http://surl.li/lwonq


Now talking about the major issue at hand, which is the religious and socio-cultural customs and practices. The concept of animal sacrifice exist in almost every major religion of the world, for instance, In ancient times, the Greeks and Romans would offer sacrifices to their gods, while the Aztecs and Mayans in Central and In Hinduism, animal sacrifice was practised in Vedic times and even mentioned in the Yajurveda, and in Islam, to honour Abraham’s willingness to offer his son as a sacrifice to Allah, the Muslim holiday of Eid-al-Adha involves the sacrifice of an animal. In some cultures, the act of sacrifice is also seen as a way to honour ancestors or mark important occasions. For example, in Bali, Indonesia, the annual Galungan festival involves the sacrifice of a pig as an offering to ancestors. In the Maasai tribe of Kenya and Tanzania, the slaughter of a cow is an important part of their coming-of-age ritual.


The Supreme Court has held in the case of Sardar Syendna Taher Saifuddin Sahbi v. the State of Bombay (1962), that the government can intervene to restrict or regulate harmful practices like the sacrifice of animals or human beings as religious rituals for the well-being of society. The Supreme Court ruled in the Durgah Committee, Ajmer and Anr v. Syed Hussain Ali and Ors (1961) case that religious rituals that are extraneous or unneeded and are based only on superstitions cannot be protected under Article 25. Only those core behaviours that are fundamental to a religion may receive protection. This idea regarding the necessity of religious acts was taken directly from the Shri Shirur Mutt court ruling in 1954. From time to time the apex court has reiterated its stance and intolerance towards animal cruelty. Another prevalent practice seen is of Jallikattu in Tamil Nadu, which inflicts extreme mental and physical abuse on bulls. Several cases of animal cruelty have also occurred in the past in cities like Kedarnath and Vaishnodevi involving mules and horses. This year around 110 mules died in less than 3 months (around June 2023) in Kedarnath. Many many more instances involving socio cultural practices are involved in day-to-day life which escapes human eyes.

Discussing the possible solutions, it can include a plethora of ways to curb the menace of animal cruelty, firstly making the existing laws more stringent in nature and advocating for new laws defining specific punishments for animal brutality and laws covering varying aspects and fields where animals are subjected to violence.


Secondly, running campaigns and awareness drives is another effective step and promoting education towards animal sensitivity. Thirdly, discouraging the consumption of meat and allied products by eliminating their usage just for the sake of taste buds. Fourthly, advocating for better treatment of animals in industries like agriculture, entertainment, and fashion can lead to improved conditions for animals. Supporting initiatives that promote humane farming practices, alternatives to animal testing, and cruelty-free products can make a difference. Fifthly and last but not the least, in today's socially connected world, public pressure and media attention can drive change by shining a spotlight on instances of animal cruelty. Social media platforms provide a powerful tool for raising awareness and garnering support for various animal welfare causes.


In conclusion, addressing animal cruelty is a complex but essential endeavour that requires a combination of legal measures, education, advocacy, and ethical choices. Our actions, whether large or small, contribute to the well-being of animals and the creation of a society that values and respects all living beings.


References

 

*This article was authored by Samarth Chawla, Student from University School of Law and Legal Studies, GGSIPU, New Delhi and reviewed by Sudeep Ranjan, Student from Symbiosis Law School, Noida.




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