EMERGING JURISPRUDENCE ON ANIMAL RIGHTS

Author: Janani A.

Dr Ambedkar Law University, Tamil Nadu

Introduction:

The concept of animal rights emerges as a moral beacon, illuminating the path toward a more compassionate coexistence between humans and our fellow beings. The pursuit of animal rights extends beyond mere advocacy; it embodies a commitment to dismantling systems that exploit and disregard the well-being of non-human creatures. Whether addressing the confines of factory farms, the confines of laboratory cages, or the commodification of animals for entertainment, this movement seeks to redefine our relationship with the diverse species that share our planet.

In essence, the call for animal rights is a plea for a paradigm shift—a shift toward recognizing the individuality and dignity of each creature. As we navigate the delicate balance between progress and ethical responsibility, the cause of animal rights beckons us to extend our circle of compassion, fostering a world where the rights of all sentient beings are acknowledged and safeguarded. The discourse surrounding animal rights has evolved into a critical ethical consideration in contemporary society In the intricate tapestry of life on Earth, animals occupy a vital and sentient role.

Philosophical Foundations:

At the core of the animal rights movement lies the acknowledgement of animals as sentient beings. Philosopher Jeremy Bentham's assertion, "The question is not, can they reason? nor, can they talk? but, can they suffer?" resonates as a guiding principle. Drawing from utilitarian and deontological philosophies, proponents argue that minimizing suffering and promoting well-being should extend beyond human boundaries. In the context of animal rights, this translates to minimizing the pain inflicted on animals in various human activities. Applied to animals, this implies that ethical treatment should not be contingent on an animal's utility to humans but should be an intrinsic moral duty. The philosophical discourse around animal rights also engages with the concept of speciesism, akin to racism or sexism, where arbitrary distinctions between species are challenged. Animal rights proponents argue that privileging humans over other species based solely on our species' membership is ethically inconsistent.

In essence, the philosophical foundation of animal rights echoes a growing ethical awareness that transcends anthropocentrism, recognizing the intrinsic value of all sentient beings.

Industrial Exploitation and Ethical Dilemmas:

In industries such as factory farming, testing laboratories, and entertainment, animals often face conditions that challenge fundamental notions of ethical treatment and respect for their inherent worth. Critics argue that the industrial model prioritizes efficiency over the welfare of animals, leading to practices that cause undue suffering. Testing laboratories, particularly in the fields of pharmaceuticals and cosmetics, involve subjecting animals to experiments for human benefit. While these experiments aim to advance scientific understanding and innovation, they pose ethical questions regarding the use of sentient beings as means to an end. The ethical dilemma here revolves around weighing the potential human benefits against the moral implications of subjecting animals to pain and distress. This raises ethical concerns about the commodification of living beings for entertainment purposes, challenging the notion of using animals solely as objects of amusement without regard for their natural behaviours and well-being. The ethical discourse surrounding the industrial exploitation of animals prompts society to confront the consequences of our choices and to consider alternative practices that align with a more compassionate and ethically sound treatment of animals.

Environmental Impact:

The interconnectedness of animal rights and environmental sustainability is increasingly evident. Industries that exploit animals contribute significantly to deforestation, pollution, and greenhouse gas emissions. Advocating for animal rights becomes integral to addressing broader environmental concerns, emphasizing the need for sustainable and humane practices in our interactions with animals. The environmental impact plays a significant role in the discourse of animal rights, intertwining the welfare of animals with the broader ecological balance. Habitat destruction, climate change, and pollution directly affect animals, often leading to displacement, dwindling populations, and altered natural behaviour. Recognizing the interconnectedness of ecosystems, the ethical imperative to safeguard animal rights extends beyond individual welfare to preserving entire habitats. Addressing the environmental impact on animal rights requires holistic approaches that reconcile human activities with the well-being of diverse species and the ecosystems they inhabit.

Scientific Research and Ethical Boundaries:

Scientific advancements have undeniably been accelerated through experiments involving animals. Striking a balance between scientific exploration and ethical considerations is imperative. Scientific research involving animals raises ethical boundaries within the realm of animal rights. While such research has contributed to medical advancements and scientific understanding, it also prompts moral considerations regarding the treatment and welfare of sentient beings. Striking a balance between scientific progress and ethical treatment, animal rights advocates stress the importance of minimizing harm, promoting alternatives, and ensuring stringent regulations. Ethical boundaries are breached when animals endure unnecessary suffering, and the validity of the research must be weighed against the ethical implications. The ethical discourse revolves around implementing rigorous guidelines, promoting non-animal alternatives, and fostering a commitment to the 3Rs—replacement, reduction, and refinement—as guiding principles in experimental design. Respecting these boundaries becomes paramount in navigating the intersection of scientific inquiry and the ethical imperative to treat animals with compassion and consideration.

Companion Animals and Responsible Ownership:

The bond between humans and companion animals exemplifies the ethical dimensions of animal rights in our daily lives. As pets become integral members of families, responsible ownership becomes paramount. Responsible ownership of companion animals is a pivotal aspect of upholding animal rights. Beyond providing shelter and sustenance, ethical considerations demand a commitment to the physical and emotional well-being of pets. This involves regular veterinary care, appropriate nutrition, and a safe living environment. Spaying and neutering contribute to population control and prevent undue suffering. Responsible owners also address the behavioural needs of their pets, recognizing that animals, as sentient beings, thrive on mental stimulation and social interaction. Furthermore, responsible ownership refrains from supporting unethical breeding practices and embraces adoption from shelters. It underscores the idea that animals are not possessions but sentient beings deserving of compassion. In essence, responsible ownership of companion animals aligns with the broader ethos of animal rights, emphasizing a duty to safeguard the lives and dignity of our animal companions.

Legal Frameworks and Enforcement:

While ethical considerations form the foundation of animal rights advocacy, the enactment and enforcement of laws are pivotal in translating these principles into tangible protections.

Legal frameworks vary globally, and ensuring consistency and adequacy in these regulations is an ongoing challenge. Strengthening animal protection laws, imposing stricter penalties for cruelty, and promoting international collaboration are essential steps toward upholding the rights of animals on a broader scale. In Animal Welfare Board of India v. A. Nagaraja & Ors. Supreme Court favoured AWBI. It 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. In the case of Abdul Hakim Qureshi v. State of Bihar (1961), deals with the constitutionality of cow slaughter ban laws in Bihar. The Petitioner contended that the laws breached the fundamental right to freedom of religion (under Article 25) of Muslims by preventing them from freely practising traditions of their religion such as sacrificing cows on Bakr-Id Day. Mohd. Hanif Qureshi v. State of Bihar (1959) where the Supreme Court held that “A total ban [on cattle slaughter] was not permissible if, under economic conditions, keeping useless bull or bullock be a burden on the society and therefore not in the public interest. The position was overruled in State of Gujarat v. Mirzapur Moti Kureshi Kassab Jamat (2005) where the Supreme Court held that Article 48 envisions a total ban on the slaughter of cows and their progeny. The Court also ruled that "it was evident from the combined reading of Articles 48 and 51- A(g) of the Indian Constitution that citizens must show compassion to the animal kingdom. The animals have their fundamental rights. Article 48 specifically lays down that the state shall endeavour to prohibit the slaughter of cows and calves, other milch and draught cattle.

Challenges and Future Directions:

The challenges confronting animal rights are multifaceted and demand comprehensive solutions. Industrial practices, including factory farming and testing, pose persistent ethical dilemmas that necessitate systemic changes. Overcoming societal attitudes ingrained in speciesism, where certain species are favoured over others, is another challenge requiring broad cultural shifts. In the future, crucial decisions must prioritize ethical considerations in technological advancements, such as lab-grown meat, to reduce reliance on traditional animal farming. Legislative measures should evolve to address emerging ethical concerns, striking a balance between human needs and the welfare of animals. International cooperation is essential for harmonizing standards and ensuring the global protection of animal rights.

Conclusion:

In conclusion, the animal is to be protected from industrial practices scientific research, and environmental sustainability in everyday interactions with pets, the rights of animals demand our thoughtful consideration and concerted action. we need to recognize animals as living beings on the earth as sentient beings. It's our responsibility to look after the other species in the world so that the earth can maintain its eco-system with stability, and reliability. The rights of animals should be protected and preserved by exploitation, harming them in the name of fun or any other kind. The legal system should be stricter and punish the offenders who are committing offences against animals. The solution does not arise within a day or month but we need to take ample steps towards their welfare.

References:

1. [Animals are not ours], [https://www.peta.org/issues/], (last visited 12.11.2023)].

2. [Animal Rights: Definition, issues and examples], [https://thehumaneleague.org/article/animal-rights], (last visited 12.11.2023)]

3. [Animal rights] ,[https://www.britannica.com/topic/animal-rights], (last visited 12.11.2023)]

4. [The constitutional scheme of animal rights][https://www.animallaw.info/article/constitutional-scheme-animal-rights-india], (last visited 12.11.2023)]