The gap between legal rhetoric and actual animal rights in India persists despite landmark judgments. Recent PILs highlight animal suffering, emphasising the need for enforceable protections. Mexico’s proposed constitutional reform recognising animals as ‘sentient beings’ sets a positive precedent, writes Sonal Gupta
The disconcerting disparity between legal rhetoric and the actual state of affairs concerning animal rights and protections has long been a matter of grave concern. In India, the groundbreaking judgment in Animal Welfare Board of India vs A Nagaraja & Ors (2014) ostensibly championed animal rights by affirming that animals possess a fundamental right to life under Article 21 of the Indian Constitution. However, this elevation of their status from statutory to fundamental rights, while a partial triumph, has not translated into effective protection for animals in India.
Recent developments, such as the Public Interest Litigation (PIL) initiated by the Humane Society of India in Human Society of India vs State of Telangana & Ors before the Telangana High Court, serve as a stark reminder of the harrowing ordeals faced by countless animals, including species safeguarded by the Wildlife (Protection) Act, 1972. This PIL highlights the dire conditions in unlicensed and unregulated pet shops, where animals languish and perish due to the “lackadaisical discharge of statutory responsibilities.”
The Telangana High Court has acknowledged this pressing issue and directed relevant authorities to submit a status report.
Confronted with this glaring incongruity, it is imperative that we reevaluate our priorities and acknowledge that the true measure of societal progress is how we treat the defenseless, voiceless beings among us. Mere recognition of rights, devoid of effective enforcement and tangible change, remains an exercise in futility. It is abundantly clear that the time for passive acknowledgment has passed; what is needed now is action-meaningful and resolute action.
In this context, the timely proposal by Mexican Senator Ángel García Yáñez in September 2023 to introduce a constitutional reform in Mexico, recognizing animals as “sentient beings” in the Political Constitution of Mexico, represents a significant step in the right direction. In Mexico, as in many parts of the world, animals often suffer due to inadequate legal protection and enforcement. While existing laws may acknowledge the importance of animal welfare, they frequently lack the teeth necessary to deter cruelty effectively. Recognition of animal sentience in the Mexican Constitution would signify a paradigm shift. It would acknowledge that animals, like humans, experience pain, suffering, and a range of emotions.
The importance of such a move in India can be understood by examining the current state of laws protecting animals. In India, Sections 11 of the Prevention of Cruelty to Animals Act, 1960, and Sections 428 and 429 of the Indian Penal Code address various forms of cruelty and atrocities to animals but prescribe meagre penalties, as low as Rs 10 and Rs 50, with short terms of imprisonment, if at all. This pales in comparison to the severity of cruelty that animals often endure, including cases such as the 2018 incident in Haryana, where a pregnant goat was raped and subsequently died. Such penalties are clearly unjust when cruelty to animals can be as heinous as rape or other unnatural offences.
Furthermore, while the Constitution of India, through its non-enforceable and non-justifiable Directive Principles of State Policy, Article 51A(g), imposes a duty on citizens “to have compassion for living creatures,” it falls short of recognizing the emotional, mental, and psychological suffering endured by animals. While India has instituted basic animal protections to prohibit physical mistreatment or violence, a more comprehensive approach is necessary to consider the mental and emotional well-being of animals.
The enactment of the Animal Welfare (Sentience) Act in the UK in 2022 serves as a commendable example. This legislation firmly incorporates animal sentience into the legal framework, marking a crucial advancement in animal welfare. Animals, though unable to communicate in human language, possess intricate biological and emotional faculties akin to humans. Their lives transcend mere existence and embody sentience, a necessitated concept for comprehensive animal protection laws.
The time for change is now. It is incumbent upon us that we act decisively to ensure a more compassionate and just world for all creatures, great and small. Recognizing animals as sentient beings in the legal framework is not just a legal necessity; it is a moral imperative.
The chasm between legal rhetoric and on-the-ground reality can only be bridged when we acknowledge and protect the sentience of animals and take concrete actions to ensure their welfare and well-being because animal life is “beyond” mere existence.
(The writer practises law at the Supreme Court of India)
