Role of the Supreme Court in developing ‘animal rights’ jurisprudence in India: A study
By: Mitra, Partha Prtim
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Material type: 
BookPublisher: Journal of The Indian Law Institute Description: 62(3), Jul-Sep, 2020: p.239-262.
In:
Journal of The Indian Law InstituteSummary: The 2014 landmark judgment of Animal Welfare Board of India v. A. Nagaraj settled a new dimension of animal rights in Indian legal system. The judgment in fact established a ratio for the future development of the animal jurisprudence in India. While examining the impact of the judgment, it was found that in order to protect animals, birds, lakes, river etc., various high courts have carved a proactive role of state to conserve nature as a whole. The present trend suggests that Indian judiciary is expanding the meaning of life and protection covered under article 21 and in doing so has even extended it to non-human entities as well. The courts applied eco-centric principles and rejected the anthropocentric approach to protect ecology. Further, the courts have emphasized on the duties of the state to protect animals (wild or domestic) and birds (migratory or exotic) within its territory under the doctrine of parens patriae. In this backdrop, the paper carefully studies the impact of the Supreme Court’s pronouncements on various high courts in strengthening animal jurisprudence. The paper also revisits the judicial views about formation of “animal law” as a separated branch of law. – Reproduced
| Item type | Current location | Call number | Vol info | Status | Date due | Barcode |
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Articles
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Indian Institute of Public Administration | 62(3), Jul-Sep, 2020: p.239-262 | Available | AR126036 |
The 2014 landmark judgment of Animal Welfare Board of India v. A. Nagaraj settled a new dimension of animal rights in Indian legal system. The judgment in fact established a ratio for the future development of the animal jurisprudence in India. While examining the impact of the judgment, it was found that in order to protect animals, birds, lakes, river etc., various high courts have carved a proactive role of state to conserve nature as a whole. The present trend suggests that Indian judiciary is expanding the meaning of life and protection covered under article 21 and in doing so has even extended it to non-human entities as well. The courts applied eco-centric principles and rejected the anthropocentric approach to protect ecology. Further, the courts have emphasized on the duties of the state to protect animals (wild or domestic) and birds (migratory or exotic) within its territory under the doctrine of parens patriae. In this backdrop, the paper carefully studies the impact of the Supreme Court’s pronouncements on various high courts in strengthening animal jurisprudence. The paper also revisits the judicial views about formation of “animal law” as a separated branch of law. – Reproduced
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