Animal rights and prevention of cruelty in india: A Socio- Legal Study

Abstract

The recognition of animal rights has emerged as an important component of contemporary legal and ethical discourse across the world. Traditionally, animals were regarded primarily as property or resources for human use. However, modern legal systems increasingly acknowledge that animals are sentient beings capable of experiencing pain, suffering, and emotional distress, thereby deserving legal protection against cruelty and exploitation. In India, animal welfare finds constitutional recognition through Articles 48A and 51A(g), while statutory protection is primarily provided by the Prevention of Cruelty to Animals Act, 1960, the Wildlife (Protection) Act, 1972, and various subordinate legislations. The judiciary has also played a significant role in expanding the scope of animal rights through progressive interpretation of constitutional principles and environmental jurisprudence. Landmark decisions such as Animal Welfare Board of India v. A. Nagaraja have transformed animal welfare from a statutory obligation into a constitutional and ethical responsibility. Despite these developments, incidents of cruelty, illegal wildlife trade, abandonment of domestic animals, inadequate enforcement, and outdated penal provisions continue to undermine the effectiveness of the legal framework. This paper critically examines the constitutional, statutory, and judicial dimensions of animal protection in India from a socio-legal perspective. It further analyses the challenges confronting animal welfare laws and proposes reforms aimed at strengthening legal protection, institutional accountability, and public awareness concerning animal rights.

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