Jallikattu, Circus, Poaching, Caging: No End to Animal Cruelty

Jallikattu. Capturing cobras for Nagpanchami. Caging birds. Abused circus animals. Poaching and trapping birds for festivals.

For a country with a long history of concern for animals, India is replete with examples of animals being treated without compassion or sensitivity. At a time when the Jallikattu issue is being debated all over again, we take a look at some of the laws and landmark animal rights decisions which have gone some way towards protecting animals from cruel treatment in India.

What the Laws Say

Our legal framework specifically addresses the issue of animal rights – for example, Article 51A(g) of the Indian Constitution exhorts Indians to have “compassion for all living creatures”. In addition, laws such as the Prevention of Cruelty to Animals Act, 1960 (PCA), the Wildlife Protection Act, 1972 provide a legal basis for animal rights.

In 2014, the Supreme Court noted that Sections 3 and 11 of the PCA gave legal recognition to the World Health Organization of Animal Health’s principles of animal rights. Calling these rights “internationally recognised freedoms for animals” the Court held that they included:
1. freedom from hunger, thirst and malnutrition;
2. freedom from fear and distress;
3. freedom from physical and thermal discomfort;
4. freedom from pain, injury and disease;
5. freedom to express normal patterns of behaviour.

Jallikattu Debate

In May 2014, the Supreme Court came down heavily on the practice of bull fighting and banned the practice of Jallikattu ruling that “unnecessary pain and suffering on an animal is prohibited”. This move was in equal measures welcomed by animal activists and condemned by Jallikattu supporters and practitioners in the states impacted by the ban.

In spite of dissenting opinions from the Animal Welfare Board and the Attorney General, the Environment ministry lifted the ban this January. Almost immediately, though, the Supreme Court swung into action and stayed the government notification lifting the ban.

Circus Cruelties

The cruel treatment of animals in circuses led to a government notification banning the training and exhibition of animals such as bears, monkeys and tigers in India – this notification withstood challenges and was upheld by the Kerala and Delhi High Courts.

Animals are also beings entitled to dignified existence and humane treatment sans cruelty and torture. It is not only our fundamental duty to show compassion to our animal friends, but also to recognise and protect their rights.

Kerala HC ruling

Later decisions by the Central Zoo Authority and the Animal Welfare Board have added elephants to this list.

However, studies have reported that even banned animals continue to be utilised and that the general treatment of animals used in circuses leaves much to be desired.

Set the Birds Free!

In 2011, in an important step for avian rights, the Gujarat High Court had held that caging birds was tantamount to “illegal confinement”. Last year, this principle was reiterated by the Delhi High Court which ruled that “birds have fundamental rights to fly in the sky and all human beings have no right to keep them in small cages for the purposes of their business or otherwise”.

The Supreme Court is set to hear arguments on this issue over the next few months and a decision could have a considerable impact on the captive bird industry within the country.

While culture and traditions are important and should continue to be celebrated, there is every reason to ensure that they are compatible with animal rights. In matters of animal welfare, it’s a good time to remember that no practice is or should be immune to a change in the standards of what is considered acceptable behaviour towards others who inhabit the planet with us.

(Shalini Iyengar is a lawyer and Research Associate at the International University College of Turin.)