Protection of Animal rights under the Indian Constitution

[This is a post by Suvechha Sarkar, Contributing Member]

The whole world is under great threat as a result of the drastic climate change that has been happening for the last three decades. The global warming and the extinction of many animal and plant species have been something which could not be overlooked due to the adverse condition which we are facing in our day to day lives. The most threatened part of nature is that of the trees and animals. In the 21st century,  animal managers have been facing greater and bigger problems as compared to ever. They constantly have to keep up with their inventive and innovative sides.

In India, in the past 10 years, there has been a gradual rise in the number of cruelties against animals. It must be stated as the shame of humanity, especially in India where animals are being worshipped. There are provisions in the Indian Constitution, in the Indian Penal Code which lays down laws against the brutalities against animals but the question remains how strict the laws are.

Laws in India regarding the Rights and Welfare of animals

The Indian Constitution lays down some of the Animal Rights under the Fundamental Rights, Fundamental Duties and the Directive Principles of State Policy. Apart from these the rest of the laws and punishments concerning animal rights are listed in Section 428 and 429 of the Indian Penal Code, Criminal Procedure Code, 1974, the Wildlife Protection Act, 1972, The Prevention of Cruelty to Animals Act, 1960.

SECTION 428 OF INDIAN PENAL CODE, 1860

The following act states that if someone causes any harm or mischief by killing or injuring any animal, by any means the value of which is ten rupees or more than that is entitled to maximum 2 years of imprisonment and may be entitled with fine or maybe with both.

SECTION 429 OF THE INDIAN PENAL CODE, 1872

Whoever causes any mischief by killing or injuring any elephant, camel, horse, mule, buffalo, ox, cow or bull or any other animal by any means, the value of which may be fifty rupees or more, the person will be entitled with a punishment of imprisonment for a maximum of 5 years or with fine or maybe both.

SECTION 154 OF CRIMINAL PROCEDURE CODE, 1973

A person can file for an FIR against the cruelties towards animals or protect the animal rights, in the nearest or local police station under Section 154 of the Criminal Procedure Code, 1973. The person under fault will be punished accordingly considering the offence he committed falls under the cognizable or non-cognizable offence.

THE WILDLIFE PROTECTION ACT, 1972

Under this following act, injuries to both the trees and the wild animals are being prohibited (under Section 39). In the list of wild animals, it consists of all animals including the mammals, birds and the reptiles. For the case of reptiles and the birds, even their eggs fall under the protection of this Act. The punishment for the first offence under this act is imprisonment for three years or maybe a fine of twenty-five thousand rupees or maybe both. For the second offence under this following act, the imprisonment is for a term of seven years with a fine amount of ten thousand rupees.

THE PREVENTION OF CRUELTY TO ANIMALS ACT, 1960

Under this following Act, the law states protect the animals from the cruelties like slaughtering, transportation, cruelty against a pet or not providing an animal with the needed living condition etc. The punishment for the first offence under this act is a fine of a maximum of fifty rupees and in the case of a second offence, the person can be punished with maximum three-month imprisonment or fine of minimum twenty-five rupees and a maximum of hundred rupees. In some cases, it can lead to both at the same time.

Animal rights and the Indian Constitution

Fundamental Rights

The fundamental rights stated in the Constitution of India (Part III) lays down the rights of every citizen of India irrespective of the caste, creed, colour, race, place or religion. The main question which can be raised is what rights do the animals have when it is not only the people who are living in this country. The only fundamental right which can be used for fighting towards the rights of animals is that of Article 21 which is the Right to Life. Article 21 states “No person shall be deprived of his life or personal liberty except according to the procedure established by law.”

In the case of Animal Welfare Board of India v. A. Nagaraja & Ors., the Supreme Court had introduced some of the animal rights under the following article thus expanding its scope on a large scale. The case was filed against the game of Jallikattu which involved the use of bulls. Across the years, the game had led to the death of many humans along with the concerns for the welfare of these bulls as during the ongoing of the game, they were injured with sticks, knives in order to win. It was in this case, the Supreme Court passed the order in favour of the Animal Welfare Board of India. As a result, the game was banned. The court stated 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.

Directive Principles of State Policy

The directive principles are enshrined in Part IV of the Indian Constitution. It consists of fifteen principles which are in no way enforceable in the court of law and in a way helps the states to formulate its laws and policies. Article 48 and Article 48A of the Indian Constitution lays down the principles concerning the welfare of the animals and their rights. The following article talks about the problems regarding the cow slaughter. India is a country where cows are worshipped by people of many religions and considered sacred on a separate level. It states that the farmers or the farms should take enough care of the farm animals especially the cattle. It is stated that the farms should put the effort into making the breed better.

This particular provision prohibiting the slaughter of cows had been a matter of hot debate among the Constituent Assembly members. It was argued if it could be added under the list of the fundamental rights or not but ultimately it was decided to be added to the directive principles since it was in contradiction with the Article 9 of the Indian Constitution which stated the Right to Religion. In the case of Mohd. Hanif Qureshi v. State of Bihar (1959), the court dealt with the same problem. The judgement went in the favor of Article 9 observing that the banning of cow slaughter was next to impossible keeping in mind the diverse religious practices of the Indian citizen.

Fundamental Duties

The fundamental duties pertaining to the protection of animal rights are found in Article 51A, part IV of the Indian Constitution. Just like the directive principles of the State Policy, the fundamental duties are unenforceable in the Court of Law. Only two of the clauses in Article 51A of the Constitution consists of laws which are in concern of animal welfare. It is stated as follows:

“(g) to protect and improve the natural environment including forests, lakes, rivers and wildlife, and to have compassion for living creatures;

(h) to develop the scientific temper, humanism and the spirit of inquiry and reform.”

Conclusion

There has been an increase in the reports of cases concerning animal abuse and cruelties. As the year 2020 is passing by inside the four walls of our rooms, it is becoming more evident how the caged animals might feel. From cases of poaching to trapping them cruelly in iron traps or ropes, thus injuring them, to the cases of beating the stray dogs or poisoning them, beating them to death, the existence of humanity is constantly being questioned. It is not only the duty of Law to protect the animals. It also depends on us who are sharing the planet with them.

At the present situation, millions of rabbits, mice and various other animals are being used for various scientific experiments. They tend to develop various problems which are not only associated with their physique but also their mind. We need to understand that it’s not only the humans who are affected under the cu=ircumstances of loneliness but also them. The experiments usually involve usage of various drugs over them or even cutting them open in various instances. Many organizations have already been protesting against it but the use of certain animals for experimentation is still legal in all countries. The law should be reformed so that this cruel practice can be stopped because at the end all lives matter, be it humans or animals. 

The Indian Laws are constantly developed for the protection of the animals and their welfare but unlike some other countries, the animal laws in our country are far less rigid and as a result, many people are getting away with their act of cruelty. More amendments should be brought in the Constitution of India listing Articles in the context of animal protection and rights. It is indeed a crucial moment for us to prove that humanity still exists among us and has not faded away.

EIA Draft 2020 and Constitutional Concerns

[This is a post by Minnah AbrahamContributing Editor]

Introduction

Noting the several holes piercing right through EIA draft 2020, several concerns were immediately raised, questioning India’s obligations towards the larger interest of the general public, with its disturbing clauses, especially the removal of public consultations and the insertion of ‘post-facto clearance’. Not to mention that the draft was made to be available only in English and Hindi initially, which goes against the very principles of democracy, pertaining to the duty enshrined to the government to take the draft law to its people. This, however, is another concern, where a serious amendment is necessary in the Official Language Act for the government to issue draft laws and notices in regional languages. 

Coming back to the EIA Draft 2020, this draft law weakens India’s position toward environmental protection and upholding the Constitutional Article 48A, forsaking the duty of the State to protect, improve and safeguard the forests and wildlife of the country.

EIA Draft 2020

The Environment Impact Assessment 2020 is condemned as supportive of ventures on the grounds that the draft permits post-facto clearance meaning the concerned authorities can affirm an undertaking with no adequate formalities. This further implies the onus of acceptance of infringement lies on the polluter and the polluter can look for clearance after it has started work and has just caused ecological damages. There are just about 40 distinct undertakings that are barred from the natural leeway and public discussion in this way shouldn’t be affirmed dependent on the assurance and climate wellbeing rules. The exception is material to: 

  • Those tasks that are sorted as key by the legislature. 
  • Citizens cannot approach data identified with these undertakings. 
  • Public Highway ventures and inland water squander ventures. 
  • Projects up to one lakh 50,000 square meters. 

The projects that are recorded under the B2 classification require scarcely the two-stage cycle to conclude whether to allow or dismiss the proposition. 

As indicated by the draft, just government authorities, delegates, and project defenders are permitted to report the infringement. This clause has removed the privilege of individuals to report an infringement, which in the past has caused significantly to prevent enterprises and specialists from going excessively far inconsistency with misuse.

Ex-post facto clearance is not a new term, as it has been an evading practice often manipulated to entertain illegal or corrupted activities. While the current law states that projects to obtain environmental clearance prior to any commencement of the activity, this new insertion of ‘Ex-post facto clearance’ provides an exception that violates the requirement of mandatory clearance. 

Detailing on ‘ease of doing business’ and Constitutional duties

The whole point of the EIA draft 2020 is the way out on how not to do an environmental impact assessment. The emphasis is on getting environmental clearance and assent. India is under a global commitment to conduct EIA(s). It is a scientific, legitimate, and social apparatus to evaluate the conceivable ecological results of proposed projects. The draft EIA warning has three fundamental destinations: firstly, to guarantee that most environmentally damaging consequences do not need an EIA; secondly, make wide special exceptional cases for EIAs, for example, higher thresholds; thirdly, guarantee that those (ventures) that require EIAs are not examined by either people in general or concerned authorities. There is no proof that every one of these provisions will help accomplish the financial position. The straightforward explanation is that significantly under the current EIA 2006 system, no project is ever dismissed. The ministry of environment’s history is 100% approved for all activities. 

The rundown of businesses permitted to start ventures without EIA clearance incorporates probably the most perilous and high effect enterprises, for example, creation of synthetics and acids, concrete plants, oil exploration, stream valley projects and mining, among others. It additionally expresses that huge solar-based parks, safeguard ventures and mechanical domains do not need to go through any EIA procedural cycle under the pretext of ‘national interest’.

The proposed draft additionally expresses that red classified projects, high limit high impact projects would now be able to begin inside 5 km of secured territories and environmentally delicate regions, which was prior confined to a 10km radius area. 

Common Society participation and citizen engagement in Environment Impact Assessment measure have been considered incredibly pivotal in environmental administration and democratic government. Nevertheless, the basic apparatus of public discussion has been pulled back from practically all categories of polluting and high impact undertaking projects. Aside from taking them off the pre-project consultation procedure, they have additionally been denied any part in taking the perception of any violation or raising a voice against a pollution-risky and violating industry.

The draft additionally expresses that in the event of specific undertakings that actually have public consultation norms applicable, just material ecological concerns can be shared, no other connected social effect or long-term wellbeing concerns. The SC decided in Rural Litigation & Entitlement vs. State of U.P that Article 21 of the Constitution states that no individual will be denied of his life or personal liberty in a 1983 stoppage of limestone mining in Doon Valley. Necessitates that when commercial activities obliterate environments and ecological processes on which life depends, commerce must stop, on the grounds that the coherence of life through the protection of the fundamental cycles of nature is a constitutional commitment. It is additionally a moral and civilisational commitment. 

Concluding remarks

Although the EIA draft 2020 was brought forth with keeping in mind ‘conditions and threshold on the undertaking of some project or expansion or modernization of such existing project’, it has clearly stated the draft imposes restrictions and limitation upon the common public and making way easier for commercial giants and industries to carry forth the projects without having to screen through regulatory and adequate procedures. 

This ‘anti-ecological’ law is backward and against the inherent constitutional right to information. In a nation where debasement and infringement of law are common, the draft is by all accounts changed and recharged to serve the personal stakes of elites by preventing the truth from getting environmental change. 

The EIA 2006 thought about assessments of individuals through open discussion before the last endorsement of an undertaking. Not exclusively did the new draft eliminate the privilege of public counsel on specific exercises yet additionally abbreviate the 30 days’ notice period for hearing and handling reactions to 20 days. 

The legislature has created a false fantasy that environmental laws are an obstacle to economic development, and the vast majority, including the courts, cheerfully have confidence in this so-called myth. More or less, the EIA Draft 2020 is not only mistaken at certain levels, yet in reality, it consists of a summary of all potential infringement one could envision vis-á-vis environmental administration in the nation. The simplicity of working together cannot just rule over worries of public wellbeing and environmental concerns.

The EIA draft 2020, once executed, would prompt a generous increment in deforestation, illegal mining, and development exercises in earth weak territories and left with no opportunity for individuals or activists to report the infringement. In fact, these are the occasions wherein governments ought to increase the environmental-conscious rules and guidelines for a safer, better tomorrow.