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100 _aMitra, Partha Prtim
_931889
245 _aRole of the Supreme Court in developing ‘animal rights’ jurisprudence in India: A study
260 _aJournal of The Indian Law Institute
300 _a62(3), Jul-Sep, 2020: p.239-262
520 _aThe 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
773 _aJournal of The Indian Law Institute
906 _aANIMAL RIGHTS
942 _cAR