Our culture and moral ideals are deeply founded in compassion for animals. Cruelty to animals has historically been equated with cruelty to human beings. However, it is true that there are many instances of animal cruelty in our nation. For many animals around the world, daily occurrences of physical aggression, emotional abuse, and life-threatening neglect are realities. The Karnataka High Court recently got the opportunity to address this crucial issue on February 9, 2021 in the case of In Criminal Petition 5344/2020, Compassion Unlimited Plus Action NGO is suing the State of Karnataka and another party.
In order to prevent animal abuse, the Prevention of abuse to Animals Act, 1960, should be brought up. It would be appropriate to mention the case of State of Uttar Pradesh v. Mustakeem (Crl.A.Nos.283-87/2002), in which the court found it shocking that animals were being transported for slaughter while being tied to one another painfully and agonizingly. The court ordered that these animals be kept in the Goshala under the control and care of the State Government.
Article 51A (Part IV-A) of the Constitution establishes the Fundamental Duties of Indian citizens. The 42nd Amendment of 1976 added the provision to the Indian Constitution, bringing it into compliance with Article 29(1) of the Universal Declaration of Human Rights. Although Fundamental Duties cannot be enforced in courts, they are frequently used to interpret the Constitution and other laws.
To cite Articles 51A(g) and 51A(h) of the Indian Constitution, which impose a fundamental obligation on all citizens and the State to have compassion for all living things and to promote the protection and improvement of wildlife, would be cliché. The Constitution of India from 1949 states in Article 51A(g) that every Indian citizen has a duty to "develop the scientific temper, humanism, and the spirit of inquiry and reform." The preservation and enhancement of the natural environment, which includes forests, lakes, rivers, and wildlife, are essential. Every Indian citizen has a responsibility to uphold the Constitution, honor the National Anthem and Flag, and respect the Constitution's principles and institutions.
Case Laws:
According to the Animal Welfare Board of India v. A. Nagaraja & Ors. (2014), caring about the pain and welfare of all living things falls under the definition of compassion. In this decision, the Supreme Court viewed 51A (g) and the requirement to cultivate a scientific temperament under 51A (h) as the cornerstones of Indian animal rights law.
The Supreme Court ruled in State of Gujarat v. Mirzapur Moti Kureshi Kassab Jamat & Ors. (2005) that the Parliament intended for Article 51A to be read alongside Articles 48 and 48A in order to uphold the spirit of all laws.
Following consideration of the PCA, the Karnataka High Court made the following ruling: "It is evident that the very purpose and wisdom of legislation must be noted, as well as the broadening of the definition and application of Articles 51-A(g) and (h) and Article 21 of the Indian Constitution, which states that the environment, which includes all forms of life, including animal life, which are necessary for human life, falls within the meaning of Article 21 of the Indian Constitution.
It has been noted that the PCA Act's Sections 3 and 11 and the rights established by the Act legally recognise the welfare and well-being of animals. Sections 3 and 11 of the PCA Act read with Article 51-A(g) and (h) of the Indian Constitution provide animals the right to exist in a healthy and clean environment and the right to get protection from humans against inflicting needless pain or suffering.
With the Karnataka High Court's authoritative ruling in the aforementioned case supported by the PCA Act's provisions as well as Articles 21 and 51-A(g) and (h) of the Indian Constitution, it is no longer Res Integra that animals must be protected, treated humanely, and spared from all forms of cruelty.
If the offense against animals has been committed in Kolkata then a criminal lawyer in Kolkata may be hired. Moreover, a criminal lawyer in Delhi may be hired if the offense has been committed in Delhi.
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