Browsing by Subject "Animal Rights"

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Open Access
Animal Rights: The Social Justice Movement of the 21st Century
(University of North Bengal, 2020-03) Lama, Neelam
Animals have always played a great role in our life but the literature on social justice, and social justice movements themselves, routinely ignore animals as legitimate subject of social justice. The reason is very clear that the place of animals in human morality was absent and often they consider them as the property and use it however they want. Prior there were no laws; Aristotle and Aquinas believed animals exist to serve human requirement and the ethical treatment of animals were appears to be optional. But after the rise of utilitarianism with the idea of pleasure and pain, including animal pain promotes the humane treatment of animals and the era of animal welfare movement started. Against this background, the author will highlight how the level of enlightenment within our society has increased in the last several years and will examine various philosophical theories pertaining to animal rights that have evolved over a period of time that made the emergence of animal right as a separate legal discipline.
Open Access
Jallikattu Tug of War, and Indian Supreme Court’s Tango marking a Giant Leap in Reverse for Legal Personality of Animal kind
(University of North Bengal, 2015-03) Bharti, Sunanda
The article discusses how the landmark judgment of Animal Welfare Board of India (AWBI) v. A. Nagaraja (2014), delivered by Supreme Court of India was superior in content, spirit and wisdom as compared to the latest AWBI v. UOI (May 2023). The former declared bulls unsuitable for sports like Jallikattu and bullock cart races. The court had then emphasised the need to interpret the Prevention of Cruelty Act, 1960 (PCA 1960) liberally in favour of animal welfare. It also assumed the role of parens patriae, responsible for safeguarding the rights of animals. The court argued that animals should not be treated as mere property, but as sentient beings deserving of legal protection. Animals became legal persons as a necessary effect of that judgement, though the court did not declare the same explicitly. However, the latter judgement has reversed the progress made in animal welfare. The Supreme Court's judgment in Animal Welfare Board of India v. UOI, delivered in 2023, allowed the resumption of Jallikattu and similar bovine sports. The court based its decision on amendments made by Tamil Nadu, Maharashtra, and Karnataka to their state legislations, presuming that these changes eliminated the cruelty associated with these sports. The court emphasised the need to consider the amended rules alongside the legislation to understand their true effect. The article highlights the paradox between India's professed concern for humane treatment of animals and the prevailing practice of animal abuse. It argues that unless laws regarding the legal status of animals are revised, meaningful change in their treatment cannot be achieved. The writing concludes by stating that the recent judgment has undone the progress made since the Nagaraja case, jeopardising animal welfare in India.