YES! Animals feel the same way humans do, the only difference is humans have the
privilege to express their emotions and feelings in the form of words whereas
animals are unable to do so and suffer unspeakable cruelties. Humans are primary
consumers of the food chain but animals are equally essential and we humans need
to protect them and give them a voice, this is where the concept of animal
rights comes into play.
Human beings have been provided a right to live with dignity under Article 21 of
our constitution but do animals get the same right and if yes, are we
safeguarding their rights and treating them as legal entities
In the case of
the Animal welfare board of India Vs. Nagaraja and ors.
, it was held:
Animal also has honor and dignity from which they cannot be arbitrarily deprived
of and its rights and privacy have to be respected and protected from unlawful
attacks, In this case, the purview of right to dignity was expanded and was no
more confined to human beings
. But are we following the protocols by the apex
court and treating them in accordance with the case?
Every day countless cases of Animal cruelty go unnoticed and are neglected by
all those people who believe in the concept of Objectification of Animals
Animals Are Not Ours To Abuse:
Humans and animals experience the same kind of emotions, pain and suffering yet
humans are always prioritized in the spectrum of life, and animals are treated
as Non-Human species
. Biologist Richard Dawkins has claimed non-human animals
may be capable of experiencing more intense levels of pain than humans.
Animals are abused and maltreated in many ways which are beyond our
understanding and some of them are:
Bestiality is a sort of sexual offense wherein an animal
is utilized as a vehicle for fulfilling sexual longing without building up any
sort of emotional bonding. Bestiality is seen in some general public as a
methodology to fix the explicitly communicated illness yet truly, it is a
culpable offense according to the Indian judicial system. (Sec 377 IPC)
The Regulation defines slaughtering as the killing of
animals intended for human consumption which includes the following stages:
- Pre-slaughter or handling:
rest is the period before slaughter when animals are refreshed to further
develop the meat quality and diminish the odds of tainting with gastrointestinal
Following are the methods of
The animal either has its throat cut or has a chest
stick embedded cutting near the heart. In both these techniques, main veins, as
well as courses, are sliced and permitted to drain.
Utilized on poultry and different creatures; various techniques
are rehearsed, here are a few types:
- Snatching the bird by the head then, at that point, snapping its neck
utilizing speedy and quick developments
- The bird is put upside down inside a metal channel, then, at that point,
the head is either immediately cut or hit utilizing the back finish of a
blade or blade.
- Dairy cattle, sheep and goats are tied then struck on numerous occasions
in the head with a heavy hammer until the animal dies or losses
The stunning system guarantees
the creature is oblivious and numb to torment prior to being drained out at
slaughter. Standard stunning strategies incorporate electrical stunning, captive
bolt stunning, or the utilization of carbon dioxide gas. Following stunning, the
creature is drained and stays oblivious until it dies because of blood
Over-loading is a punishable offense. Section 11(1)(a)
of the IPC Act includes Beating, Kicking, Over-riding, Over-driving,
Over-loading, Torturing, causing unnecessary pain or suffering to any animals.
- Physical abuse:
Cruelty to animals, also called animal abuse, animal
neglect, or animal cruelty, is the infliction by omission or by the commission
of any act by humans which causes suffering or harm upon any non-human animal.
- Animal Testing:
Animal testing is used to determine the effectiveness
of drugs, products, and medicines. These products and medicines are tried upon
animals to confirm the effectiveness and side effects before allowing them to be
used by humans. However, India is the first country in South Asia to ban animal
- Animal Hoarding:
Animal hoarding is defined as an inability to provide
even minimal standards of nutrition, sanitation, shelter, and veterinary care.
Often resulting in animal starvation, illness, and death.
- Caging and Exploitation:
Of all the terrible contraptions used to
control animals, the cage is one of the worst. Cages confine and restrict, they
thwart many of an animal�s natural instincts, and they are a desolate reflection
on our society.
Are human beings better than animals?
Human beings have gotten off track and have normalized the toxic and inhuman
behavior when it comes to animals in the name of the Holocaust. Over the last
year, several instances of animal cruelty have been reported to the police.
- In September, a man threw a stray dog into the Upper Lake of Madhya
Pradesh while another person filmed the incident. The man could be seen
chuckling while looking at the camera after he tossed the canine into the
- On August 19, 2020, another incident of animal brutality came to light
from Kerala. In Malappuram, 5 men allegedly hunted a pregnant buffalo and killed
it. Buffalo meat was also recovered from the house of one of the accused.
- On May 27, 2020, a pregnant elephant entered the Palakkad town of
Kerala looking for food. Notorious villagers allegedly fed a pineapple stuffed
with crackers to the elephant. The crackers detonated in the mouth of the
kind-sized and it passed away while remaining in the Velliyar stream.
Elephants, Tigers, primates, and other animals are not professional actors or
clowns to make humans laugh yet they are forced to stand on their heads, play
with fire, risk their lives to entertain Human beings
. Their trainers use
tools like whips, tight collars, muzzles, bullhooks, electric prods, etc to make
them perform these stunts.
The most dreadful part is that some even lose their lives while performing their
tasks or out of fear. The only reason why we try to control their lives and
consider it as a Circus play
is because they don�t
have a voice to raise or to speak for themselves which makes them a weaker
section of the food chain and gives us an authority to treat them miserably and
even play with their lives for the sake of enjoyment.
It is a known fact that
human beings are superior to animals and can easily control them and make them
do various tasks for their entertainment as animals can't take a stand for
themselves. Naturally, animals and human beings can never be on an equal footing
but every animal has a right to be treated with a certain dignity, and cruelty
against them should not go unnoticed. Such "acts of entertainment" must be
banned and punishable.
What rights do animals have?
The Indian Penal Code (IPC), 1860 is the authority criminal code of India which
covers all considerable parts of criminal law. Section 428 and 429 of the IPC
provide for the punishment of all acts of cruelty such as killing, poisoning,
maiming, or rendering useless any animal. The aforementioned legislation has
been enacted to obviate unnecessary pain and suffering of animals, and similar
legislation will continue to be enacted according to changing circumstances.
Notwithstanding specific statutes, further protections for animals lie under
general concepts such as tort law, constitutional law, etc.
Section 428 states that the discipline for executing, harming, disfiguring, or
delivering futile any animal or animals of the estimation of ten rupees or
upwards are basic or thorough detainment for as long as two years, or with a
fine, or with both.
Section 429 states that the punishment for slaughtering, harming, mangling, or
delivering futile any animal or animals of the estimation of fifty rupees or
upwards (which naturally incorporates all dairy cattle/pack animals) are basic
or thorough detainment for as long as five years, or with a fine, or with
The Wildlife Protection Act 1972:
- Prohibits injury to any wild animals or trees under section 39.
- Animals include amphibians, birds, reptiles, and mammals and
their young ones. In the case of birds and reptiles, even their eggs are
included in this category. The exceptions are those classified as vermin
defined in Section V. Each state has its own list of non-human animals
- The punishment for an individual guilty of an offense under this Act is
detainment for a term of three years, or with a fine of 25 thousand rupees,
or with both. In a subsequent offense, the term of detainment will be seven
years with a fine of 10,000 rupees.
The Prevention of Cruelty to Animals Act, 1960:
- The Prevention of Cruelty to Animals (Care and Maintenance of Case
Property Animals) Rules, 2017 have been framed under the Prevention of
Cruelty to Animals Act, 1960.
- The Animal Welfare Board of India (AWBI) was established in 1962 under
Section 4 of the Act.
- This Act provides for punishment for causing unnecessary cruelty and
suffering to animals. The Act defines animals and different forms of
The definition of cruelty as defined under Section 11 (a) to (o).
(but is not confined to):
- Cruelty against the person's own pet
- Inhumane slaughter
- Inhumane transportation
- Inhumane living conditions (even for animals destined for slaughter)
- Tail docking
- Ear docking
The guilty party shall pay a fine which will reach out to fifty rupees. In the
event that it is the situation of a subsequent offense, he will be fined at the
very least 25 rupees but which may extend to one hundred rupees, or with
detainment for up to three months or with both.
We, the people are the Homo-sapiens who have acquired the most noteworthy
position in the set of all animals living in the period of advancement and have
excelled in every field, and unquestionably, we have accomplished a ton yet at
what cost? Is it even an accomplishment for mankind in the event that we have
lost all the fundamental virtues? Have the headways debilitated the underlying
foundations of people with nature? These inquiries allude to the holes in our
general public that are impeding the general development of our country and
which ought to be considered.
Written By: Siddhi Sharma
- https://indiankanoon.org/doc/39696860/ (Animal Welfare Board Of India vs
A. Nagaraja & Ors on 7 May, 2014)
(Chiorando Maria, Richard Dawkins: Animals feel more pain than humans)
- https://en.wikipedia.org/wiki/Animal_slaughter (Animal slaughter, The
butcher and his servant)
( How are animals stunned prior to slaughter)
- https://www.oneworldnews.com/overloading-animals-is-an-offense/ (Srivastava
Parul, Overloading Animals is an offense: How your small effort can make a
- https://blog.ipleaders.in/animal-testing-india/ (Sehgal Diganth Raj,
All about animal testing in India)
(What's wrong with caging?)
(Yadav Anubhavi, From elephants to cows, 10 instances of animal cruelty
that prove humanity is dead in India)
- https://www.animallaw.info/article/overview-animal-laws-india (Kavuri
Taruni, Overview of Animal Laws in India)
(Know the rights of animals under Indian law)
(Prevention of Cruelty to Animals Act, 1960)
- BBA-LLB (third year) BVIMR, New Delhi