Animals Have Rights?

Yes: Animals Have Rights

Introduction

Aristotle, believed the world was populated by an infinity of beings arranged hierarchically according to their
complexity and perfection, from the barely living to the merely sentient, the rational, and the wholly spiritual. Since
early civilization, animals have been an integral part of human experience. We have domesticated them for both
agriculture and society. However, over time our kinship with them has morphed into abuse during which the
welfare of animals is much compromised. Currently we have a tendency to see animals strictly for his or
her utility; of course, a perception has been created that humans invariably have precedence over
animals. It’s currently become common follow to intercommunicate cruelty upon them.

Animal welfare has invariably been seen as a distinct subject, usually relegated to being associate emotional

Mahatma Gandhi once said, “The greatness of a nation and its progress can be judged by the way its animals are
treated”. India has the potential to guide the globe in animal welfare, but the tendency to seem at animal
welfare problems in a very vacuum instead of as an interlinked issue with alternative civil society issues, has
prevented this movement from being taken seriously.

Brief history of animal rights

Prevention of cruelty to animals became an important movement in early 19th Century England, where it grew
alongside the humanitarian current that advanced human rights, including the anti-slavery movement and later
the movement for woman suffrage.  The first anti-cruelty bill, intended to stop bull-baiting, was introduced in
Parliament in 1800.  In 1822 Colonel Richard Martin succeeded in passing an act in the House of Commons
preventing cruelty to such larger domestic animals as horses and cattle; two years later he organized the Society
for the Prevention of Cruelty to Animals (SPCA) to help enforce the law.  Queen Victoria commanded the addition
of the prefix "Royal" to the Society in 1840.
Animal experimentation in India within the decennium once United Kingdom began introducing new medicine to
the colony in the 1860. captive by the suffering of Indian strays and draught animals, Colesworthey Grant
supported the primary Indian Society for the interference of Cruelty to Animals (SPCA) in 1861 in Calcutta. The
Indian SPCAs with success lobbied for anti-cruelty legislation within the decennium, that was extended to all or
any of India in 1890–91. associate obelisk was established in memory of the Colesworthey simply before of the
Writers' Building.

While the anti-vivisection movement grew in United Kingdom, it did not take hold in India. British officers and
(British-led) SPCAs each opposed the introduction of British Cruelty to Animals Act of 1876 - that established
laws on animal experimentation - to the Indian colony. The Cow Protection movement arose within the late 1800s
in northern Asian nation. whereas the SPCAs were diode by colonists and related to Christianity, Cow Protection
was a movement of native Hindus. Cow protectionists opposed the slaughter of oxen and provided sanctuaries for
cows. However, cow protection was for the most part associate expression of Hindu nationalism instead of a part
of a bigger native Indian animal welfare movement. Cow protectionists failed to, in general, oppose (and usually
supported) animal experimentation, and therefore the antivivisectionist teams established in Asian nation within
the late 90’s died out because of lack of interest. The Indian branches of the Humanitarian League, associate
English organization that opposed surgical procedure and therefore the pattern and killing of animals, targeted on
diet and cow protection whereas ignoring surgical procedure.

India's first national animal welfare law, the prevention of Cruelty to Animals Act (1960), criminalizes cruelty to
animals, although exceptions area unit created for the treatment of animals used for food and scientific
experiments. The 1960 law conjointly created the Animal Welfare Board of India nation to make sure the anti-
cruelty provisions were enforced and promote the reason for animal welfare. Subsequent laws have placed laws
and restrictions on the employment of draught animals, the employment of activity animals, animal transport,
animal slaughter, and animal experimentation.

The Breeding of and Experiments on Animals (Control and Supervision) Rules, 1998 sets general needs for
breeding and victimization animals for analysis. A 2006 modification specifies that experimenters should first try
and use animals "lowest on the phyletic scale use the minimum number of animals for 95% statistical confidence,
and justify not using non-animal alternatives. A 2013 amendment bans the use of live animal experiments in
medical education. In 2014 India became the first country in Asia to ban all testing of cosmetics on animals and
the import of cosmetics tested on animals.

In 2013 India made it amerceable to use captive dolphins for public amusement.
Animal can possess right?

Since Peter Singer published Animal Liberation in 1975, animal rights activists have proposed the idea that
animals should be granted the same rights as human beings. Various movements have emerged, and throughout
the past decade, endeavors have turned out to be increasingly successful. Referring to scientific studies with
animals exhibiting attributes similar to human beings, activists argue that animals are akin to human beings and
should thus be protected with the same body of rights.

The line of reasoning in favor of granting animals equal rights to human beings emphasizes the fact that scientists
have found traits in animals we normally associate with human beings. As an example, a group of
scientists showed that monkeys demonstrate self-consciousness at the same level as human beings. This has
usually served as a justification for human rights, so why don’t we—as a minimum—grant equal rights to the
most developed animal species? After all, the principle of habeas corpus—derived from the Magna Carta with the
intention to prevent unlawful detentions—would protect those species from encroachment and arbitrary
violations of rights, thus avoiding painful and degrading treatment.

Animal’s Rights under Indian laws

1. It is the fundamental duty of every citizen of India to have compassion for all living creatures. Article 51A
(g).

“It shall be the duty of every citizen of India to protect and improve the natural environment including forests,
lakes, rivers and wildlife and to have compassion for living creatures”.

2. To kill or maim any animal, including stray animals, is a punishable offence. IPC Section’s 428 and 429.

Killing, maiming, poisoning or rendering useless of any animal is punishable by imprisonment for up to two years
or with fine or with both, under Section 428 of the Indian Penal Code, 1860. Under Section 429 of the Code, the
term is 5 years and is applicable when the cost of the animal is above 50 Rs.

 Abandoning any animal for any reason can land you in prison for up to three months. Section 11(1) (I)
and Section 11(1) (j), PCA Act, 1960.

 Section 11 of the Prevention of Cruelty to Animals Act provides that if any person allows, or himself beats,
kicks or tortures, in any way, any animal subjecting it to unnecessary pain and suffering will be liable to
pay a fine of up to 50 Rs. In case of repetition of the offence, the fine will increase or an imprisonment for
3 months will be granted.

Chapter III of the Prevention of Cruelty to Animals Act deals with “Cruelty to animals generally” According to
Section 11, the following acts are punishable by fine up to Rs. 25-100 and a maximum of three months of
imprisonment on repetition of the said acts.

 Anybody who employs any unfit animal, suffering from wound, infirmity, sores or an animal of an old age,
to work. -Section 11 (b)

 Anybody who carries any animal subjecting it to pain or suffering. – Section 11 (d)

 Keeps an animal in a cage or any other such confinement which is not sufficiently big enough as to let the
animal move freely. -Section 11 (e)

 Any owner of an animal who allows his animal, affected with a contagious or infectious disease to die in
any street. -Section 11 (j)

 Any person who offers for sale an animal that is suffering from pain due to mutilation, starvation, thirst,
overcrowding or ill-treatment. -Section 11 (k)

 Neglecting an animal by denying her sufficient food, water, shelter and exercise or by keeping him
chained/confined for long hours is punishable by a fine or imprisonment of up to 3 months or both.
Section 11(1) (h), PCA Act, 1960.
 3. No animal (including chickens) can be slaughtered in any place other than a slaughterhouse. Sick or
pregnant animals shall not be slaughtered. Rule 3, of Prevention of Cruelty to Animals, (Slaughterhouse)
Rules, 2001.

“The Rules provide for the slaughtering of animals in licensed slaughterhouses, the requisites mandatory for not
slaughtering an animal (pregnancy, very young offspring, less than three months old), the issuance of a health
certificate. The slaughtering procedures are detailed in order to prevent any unnecessary cruel act in dispatching
the animal. The slaughter house building must comply with certain prerequisites in terms of access to
slaughtering areas, washing facilities etc”.

4. Stray dogs that have been operated for birth control cannot be captured or relocated by anybody
including any authority. ABC Rules, 2001.

 The Animal Protection (Dogs) Rules, 2001 provide for rules relating to pet and street dogs.

 Under the Animal Birth Control (Dogs) Rules, 2001, street dogs are to be sterilized, vaccinated and
subsequently released into the same area from where they were captured. These Rules also requires sick
dogs to be treated prior to their sterilization and vaccination. Incurably ill or mortally wounded dogs can
be put to death, and only in a humane manner.

 Mass vaccinations, an essential part of the programmed, have shown to substantially reduce the spread of
rabies in dogs, and thus to humans. The World Health Organization has recognized the use of
vaccinations as the most effective way to control rabies.

 The Constitution of India gives precedence to the Prevention of Cruelty to Animals Act, 1960 and the
Animal Birth Control Rules, 2001, over state and local laws.

5. Bears, monkeys, tigers, panthers, lions and bulls are prohibited from being trained and used for
entertainment purposes, either in circuses or streets. Section 22(ii), PCA Act, 1960.

 No animal can be used for the purpose of entertainment except without registering under The
Performing Animals Rules, 1973.

 Chapter V of the PCAA deals with performing animals.

 Section 26 of the PCAA provides for punishment for any person who uses any animal for the purposes of
entertainment/performance with a fine of up to Rs 500 or with an imprisonment of up to three months or
with both.

6. Animal sacrifice is illegal in every part of the country. Rule 3, Slaughterhouse Rules, 2001.

As per Rule 3 Slaughterhouse Rules, 2001 animals sacrifice is illegal in every part of the country & chapter 4
Food Safety and standards Regulations 2011, no animal can be slaughtered in any place other than a
slaughtered house. Sick or pregnant animals shall not be slaughtered.

Here are cases from across the country:

 During the Ooru Habba festival in Karnataka, two buffaloes and two goats are sacrificed outside the
Bannerghatta National Park near Bengaluru. The animals are pierced with a trident and their blood drunk

 At the annual Mailapur village fair in Karnataka’s Yadgir district, worshippers throw live lambs at the
palanquin of Mailareshwara. In the melee, hundreds of devotees trample and kill the young animals

 During the annual rath yatra, about 1,500 goats are sacrificed at the Shree Yedumata temple in
Pimpledari village in Ahmednagar district in Maharashtra. The sacrifice takes place every year, despite
protests
 At the shrine dedicated to the tribal idol Baba Dongar in Ranapur of Madhya Pradesh’s Jhabua district,
around 500 animals, typically goats and chicken are illegally slaughtered by priests on devotees’ requests

 In West Bengal’s Kalighat, thousands of sheep are sacrificed every year. In other parts too, a priest recites
the Gayatri Mantra in the ear of the animal to be sacrificed in order to free the animal from the cycle of
life and death

 Nihangs and Hazuri Sikhs sacrifice goats during the festivals of Diwali and Hola Mohalla and distribute it
as mahaprashad among the congregates. Anyone converting to a Nihang Sikh has to sacrifice an animal.

 Jallikattu, the sport, is generally practised in certain districts of Tamil Nadu—Trichy, Pudukkottai,
Sivaganga, and Madurai—during the harvest festival of Pongal, celebrated in the month of January or
Thai as per the Tamil calendar. While the sport has a long social and cultural history, it acquired a new
prominence and became the symbol of a resurgent Tamil identity throughout the Jallikattu protest in
2017.
 Animal sacrifice done on the day called Eid Al Azha (Bakri Eid) that many so-called Muslims celebrate is
like many others acts associate degree innovation incorrectly attributed to God. Sacrifice is required to be
done only by the pilgrims during Hajj or if someone made an intention to do hajj but could not do it for
any reasons. There is no requirement on those not doing Hajj to sacrifice any animal, as is traditionally
done. This is an innovation.

7. Organizing of or participating in or inciting any animal fight is a cognizable offence. Section 11(1)(m)(ii)
and Section 11(1)(n), PCA Act, 1960.

8. Laws relating to testing or experiment on animals:

 Millions of animals, especially white mice, guinea pigs, rabbits, monkeys, etc. are used for
experimentation all over the world, and suffer and die with great pain in this process. Use of animals for
experimentation in the cosmetic industry amounts to grave cruelty.

 Through the Drugs and Cosmetics Rules (Second Amendment) 2014, animal testing for cosmetic products
was prohibited all over India.

 Any person who violates the Act is liable for punishment for a term which may extend from 3 to 10 years
or shall be liable to a fine which could be Rs.500 to Rs.10,000, or both.

 According to Rule 135B of the Drugs and Cosmetic (Fifth Amendment) Rules 2014, no cosmetic that has
been tested on animals shall be imported into the country.

 A committee, established under the provisions of Prevention of Cruelty to Animals Act–The Committee
for the Purpose of Control and Supervision of Experiments on Animals (CPCSEA) released the Breeding of
and Experiments on Animals (Control and Supervision) Rules, 1998 (amended in 2001 and 2006) that
regulate the experimentation on animals.

 Dissecting and experimenting on animals in schools and colleges is banned in India, under the PCCA.
 9. Protection of wild lifes

Section 38A of the Act provides for establishment of a Central Zoo Authority by the Central Government, which
has the following functions:

 Specifying the minimum standards for keeping of animals inside the zoo.

 Recognize or derecognize zoos.

 Recognize endangered species and assign responsibilities to zoos for their captive                breeding, etc.

 According to Section 38 H, no zoo is allowed to function in India without recognition of the Central Zoo
Authority.

 The CZA provides the guidelines that are necessary for Establishment & Scientific Management of Zoos in
India. These include rules like providing sufficient area, healthcare, freedom of movement, a naturalistic
environment to the animals, etc.

 Under Section 16 (c) of the WLPA,  it is unlawful to injure or destroy wild birds, reptiles, etc. or damaging
or disturbing their eggs or nests. The person who is found guilty of any of this can be punished for up to 7
years in jail and be made to pay a fine of upto Rs 25,000. Section 11 (o) of the PCAA provides for
punishment of any person who promotes or himself takes part in any shooting match/competition where
animals are released from captivity for shooting.

 Schedule 1-4 of the Wildlife Protection Act provides a list of all the protected marine species, for e.g
seahorse, giant grouper, hermatypic corals, organ pipe, fire coral, sea fans, etc.

“Dolphins have been recognized as the national aquatic animal of India and find themselves placed in Schedule I.
India has banned use of dolphins for commercial entertainment, thereby placing a ban on establishment of any
‘dolphinarium’ in the country.”

 Schedule III protects all species of sponges and Schedule IV comprises of a wide variety of mollusks.

Conclusion

It has been argued in this article that, although the growth of the animal protection movement has been
inextricably linked with the emergence of a radical animal rights agenda. For many animal rights advocates, the
animal welfare focus is to be condemned as a shameful indictment of an illegitimate human moral superiority.
However, this is only partly true. It is a truism that improvements in animal well-being are more likely to come
about when human and animal interests are not in conflict. Of course, it is theoretically possible to persuade
humans (or enough or the right humans) that animal interests should be protected irrespective of the damage
that might be caused to human interests as a result. Human nature being what it is though, it is difficult to see how
this would ever be acceptable.