Indian has one of the longest written constitutions in the World, it lays down directive principles, and state policies, rights, and duties of the citizen, It is the “Supreme Law” of the land. The constitution encompasses a preamble and 470 Articles, that are classified into twenty-five components and twelve Schedules, The Constitution has been amended 104 times and is that the Supreme Law, for the People living in India.
Being so vast, and covering almost everything the constitution doesn’t have much to say about the rights of the animals. The Constitution only speaks for the state, its legal framework, and the working for the Indian Government or Legislation. For wildlife, there are only a few Laws that come for the Protection of Wildlife. For example, the “Prevention of Cruelty to Animals Act”, although this law deals with domesticated animals, is very important for the prevention of animals and abolishing the cruel practices that happen with the animal.
There is another Law for the Protection of the Wildlife, known as the “Wild Life (Protection) Act, 1972” enacted to protect Plants and Animals species. It has six schedules that offer varying degrees of protection. Schedule I and half of part II of Schedule II offer absolute protection - offenses underneath these are prescribed the very best and highest penalties. Species listed in Schedule III and Schedule IV are protected, however, the penalties are abundant lower. animals under Schedule V, for example, common crows, fruit bats, rats, and mice, are legally thought-about vermin and can be hunted freely. The required endemic plants in Schedule VI are prohibited from cultivation and planting. The searching to the social control authorities has the facility to compound offenses under this Schedule (i.e. they impose fines on the offenders). Up to Apr 2010, there are sixteen convictions underneath this act about the death of tigers.
The Part 3 [Article 12 - 35] of the Indian Constitution, says about the Fundamental Rights of the Citizens, for example, the Right to Equality, Right to freedom, Right Against Exploitation, Right to Education, etc. If there is any breach or violation in the Fundamental Right of a citizen, he/she can directly approach the Supreme Court of India, under the ambit of Article 32 for constitutional remedies.
Article twenty-one of the Indian Constitution speaks concerning the Protection of Life and private Liberty. Article 21 stated that “No person shall be deprived of his life or personal liberty except according to a procedure established by law.” thence it secures 2 rights, the virtue of Life and therefore the Right to Personal Liberty.
The Article has been characterized as the “procedural magna carta protective of life and liberty.” The Supreme Court of India has undertaken an expansive reading of the right to life, including under it the right to food and shelter, right to education, etc.
In the context of Animal rights, the Supreme Court has brought some animal rights underneath the compass of the right to life through an expansive reading within the case of Animal Welfare Board of India v. A. Nagaraja & Ors. (the Jallikattu case).
Animal Welfare Board of Republic of India v. A. Nagaraja & Ors.
Jallikattu may be an ancient sport practiced within the Indian state of Tamil Nadu wherever a bull is discharged into a crowd of individuals who then commit to grab onto the hump on the bull’s back and droop onto it whereas the bull makes an attempt to escape. The tradition has seen many human deaths over the years aboard animal welfare concerns. Before the bulls are released, they're prodded with sharp sticks or scythes, their tails are bent to extreme lengths thus on the fracture the vertebrae and even bitten. There are reports of the bulls being forced to drink alcohol or chili peppers being rubbed into their eyes for disorientation and aggravation. throughout the event, the bulls are injured with knives and sticks, punched, jumped on, and dragged to the ground. If not enclosed, the bulls could run into current traffic leading to broken bones or death.
A case was filed within the Supreme Court of the Republic of India by the Animal Welfare Board of India (AWBI) in 2010 to ban Jallikattu for considerations of animal cruelty and public safety. Jallikattu was prohibited in 2011 by the Ministry of surroundings and Forests that issued a notification prohibiting the utilization of bulls as playacting animals. However, the application continues to be held under certain conditions of the Tamil Nadu Regulation of Jallikattu Act (2007).
The Rulings of the Supreme court dominated in favor of the AWBI and upheld the social contract of the ban on Jallikattu. It commands that Article 51 A(g) of the Constitution is that the “Magna carta of animal rights” and created many observations to safeguard the “life” of animals underneath Article 21.
Seeing the current scenario of Wildlife in India and animal cruelty, we should thrive for strict laws and punishments. It is one of the most proven ways to stop animal crimes happening around India. In the matter of Including Wildlife under the ambit of Article 21, then it should be done. As after been included in Article 21 of the Constitution, protection wildlife will become one of the fundaments of the law of the land. It will be more strict and the punishments would be harsh, it will lead to a decrease in crimes happening wildlife animals.