While India has existing legislation for animal welfare, like the Prevention of Cruelty to Animals Act, 1960, the Wildlife Protection Act, 1972, and the Breeding of and Experiments on Animals (Control and Supervision) Rules, 1998, these laws have historically treated animals as property.
Authors
Harsh Vardhan Bhati, Assistant Professor, Jindal Global Law School, O.P. Jindal Global University, Sonipat, Haryana, India; Doctoral candidate in environmental law, Uppsala University, Sweden.
Kavia Ahuja, Student, Jindal Global Law School, O.P. Jindal Global University, Sonipat, Haryana, India.
Summary
“Until he extends his circle of compassion to include all living things, man will not himself find peace”- Albert Schweitzer
The burgeoning movement advocating legal personhood for animals is gaining momentum, aiming to elevate animals from mere property to beings with protective rights. Legal personhood, a concept that has evolved over time, has been granted to various entities, including corporations, ships, estates, idols, and institutions. Globally, non-human entities, such as animals, rivers, and forests, have been recognized as legal persons, enabling them to engage in legal actions through human representatives as spokespersons. In this context, some studies emphasize that science-backed judgments and legislation offer a solid foundation and are more practical to formulate and implement. This interdisciplinary approach to legal personhood for animals is crucial for reshaping animal rights in India.
While India has existing legislation for animal welfare, like the Prevention of Cruelty to Animals Act, 1960, the Wildlife Protection Act, 1972, and the Breeding of and Experiments on Animals (Control and Supervision) Rules, 1998, these laws have historically treated animals as property. In a significant development, the Ministry of Environment, Forests, and Climate Change in India recognized dolphins as “non-human persons” due to their remarkable intelligence and sensitivity. This recognition led to the prohibition of dolphinariums and the capture of dolphins, grounded in compelling scientific evidence of cetacean intelligence. Furthermore, the landmark ruling by the Supreme Court in the 2014 Jallikattu case, officially known as Animal Welfare Board of India vs. A. Nagaraja & Ors., laid the groundwork for recognizing animals as legal persons.
Published in: IACL-AIDC Blog
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