Neelam in this paper, I want share the

Neelam Sheth Parikh

Assi. Prof., Khyati Institute of Integrated
Law

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Ahmedabad (Gujarat) (India)

 

“Animal vs. Human”

 

Abstract

Animals
are creatures which cannot express their views, like dislike, feelings as Human
beings. So, they are in most of cases ill-treated. Human as most intelligent
creature can do whatever is his own benefit. Human Rights are the shield for
humans to save him from any obligations. One Human treat animals with cruelty
and others are just viewers, just because they are also not aware about Rights
which are with Animals also.

My
motive behind this Research paper is to make everyone aware about Animal
Rights. The burning question or we can say debate of now-a-days is Animal
Rights Vs Human Rights. So in this paper, I want share the “Rights of Animal
against Human Beings” and “Rights of Human being against Animals”.

Introduction:

The recent death of a seven-year-old boy, who was
attacked by street dogs, the NHRC National Human Rights Commission has called
for a larger debate on the issue of Human rights vs. Animal rights. The
commission has also issued notices to the Delhi government and the Union Health
Ministry, seeking their opinion on this matter. The police had said that the
boy, Mamun, had tripped and fallen down near a dog while playing. The startled
animal had begun barking, attracting other dogs. Before the boy could get up,
one dog bit him in the neck. He later died from his injuries.

The NHRC has called for a wider debate, pitting human
rights against animal rights “in a situation where human lives are at risk due
to attack by animals.”

This debate is still continue, no judgment or solution
has find by NHRC for this crucial matter. But, this is for the upper level
people who are aware about Rights of both Humans and Animals. But, peoples like
us are not aware about Rights of Animals against us and our rights against
Animals.

 

Rights of Humans against Animal:

1. Finding Cure for Cancer –

Decades
of animal-based laboratory tests have given us some treatments for mice that
are genetically and otherwise manipulated to grow tumors. But if we are seeking
medical advances for humans, animal-based experiments are really the most
effective way to spend our limited resources. These treatments have been used to save
or improve the lives of many millions of people worldwide. The question
arise that why animal? The amount of vaccine needed to treat a human is 3,000
times greater than for an animal. Human body cannot bear this 3,000 times
greater flow of bacteria in comparison to animal. It revolutionized the ability to treat
bacterial infections, which were a major cause of death. This simple animal
test led directly to the saving of literally millions of lives, both human and
animal.

Without animal research, medicine as we know it today
wouldn’t exist. Animal research has enabled us to find treatments for cancer,
antibiotics for infections, vaccines to prevent some of the most deadly and
debilitating viruses and surgery for injuries, illnesses and deformities.1

2. Stopping disease from Animal –

1)   If
a person, public body or village panchayat suspects that any animal under its
charge is infected with a scheduled disease (disease listed in the schedule of
the Bill), he is required to report the matter to the village officer and
nearest veterinarian. Neighboring states will be intimated about the occurrence
of the scheduled disease so as to enable them to take adequate precautionary
measures.

2)   All
animals infected or suspected to be infected with a scheduled disease will be
segregated and prevented from grazing or drinking water from a common source.

3)   The
state government can notify any area as a controlled area with respect to any
scheduled disease. All animals in the area will be vaccinated by vaccines made
available by the state government.

4)   No person will be allowed to
take any infected animal (whether dead or alive), fodder, bedding or any
material that has come into contact with the infected animal or the carcass,
skin or any other part of the animal, out of the controlled area . Animal
fairs, exhibitions or any grouping of animals shall be prohibited unless
permitted by the competent authority.

5)   If the state government is
satisfied that the disease is no longer prevalent, it can declare the area as a
free area.2

6)   If the court satisfied that
it would be cruel to keep the animal alive, to direct that animal be destroyed
and to assign animal to any suitable person.3

3. Animal don’t have Rights because they don’t have duties –

Every right has a corresponding duty.
Therefore, there can be no duty unless there is someone to whom it is due.
There can be no right without a corresponding duty or a duty without a
corresponding right, just as there cannot be parent without a child. And in Indian
constitution there are many provisions for rights and duties of the individuals
as fundamental rights and fundamental duties. Thus,
rights and duties are correlatives and there can be no right without a duty.

4. Hunger –

We know
the earth’s human population is booming. More people means we’ll need more
resources to sustain ourselves. Extra food, water, and land will be required to
meet our basic needs. In addition, our natural resources are already under
intense strain. From our rainforests to our oceans, natural habitats and the
plants and animals that live there are disappearing at an alarming
rate. Many people as well as animals are living on the plants and vegetables.
So, if all population becomes vegetarian it will create the scarcity of food in
whole world. So, it’s necessary to maintain sustainable growth and development.
And it is best way to solve the problem of hunger in world wide. Our treatment
towards animal should be become more decent. At least with meat we are
fulfilling some nutrition needs of such malnutrition people.

5. Self- defense –

The killing or wounding in good faith of any wild
animal in defense of oneself or of any other person shall not be an offence.
Section 11(2)4 Hunting of wild animal is
permitted in certain cases, such as in self defense. To decide whether killing
is necessary is depended on the factors affecting the situation. So, in some
condition and situation person have right to kill or injure the animal in
defense of self, any other person or property.5

Rights of Animal against Humans:

1. Fundamental duty of every citizen –

Article 51 A (g) of
the Constitution that it shall be the fundamental duty of every citizen to
protect and improve the natural environment including forests and Wildlife. The
Directive Principles of State policy – Article 48A, mandate that the State
shall endeavor to protect and improve the environment and to safeguard the
forests and wildlife of the country. But, still the state requires adding or
amending Constitution with the provisions regarding, preserving and improving
breeds, prohibiting slaughter of cow and cattle and other creature.

2. Killing or maiming
animals is offense –

Mischief
by killing or maiming animal of the value of ten rupees.—Whoever commits
mischief by killing, poisoning, maiming or rendering useless any animal or
animals of the value of ten rupees or upwards, shall be punished with imprisonment
of either description for a term which may extend to two years, or with fine,
or with both. Section 428

Mischief
by killing or maiming cattle, etc., of any value or any animal of the value of
fifty rupees.—Whoever commits mis­chief by killing, poisoning, maiming or
rendering useless, any elephant, camel, horse, mule, buffalo, bull, cow or ox,
whatever may be the value thereof, or any other animal of the value of fifty
rupees or upwards, shall be punished with imprisonment of either description
for a term which may extend to five years, or with fine, or with both. Section
4296

3. Slaughter
of Animal –

No
person shall slaughter any animal within a municipal area except in a slaughter
house recognized or licensed by the authority. No animal which is pregnant, has
an offspring less than 3 months, is under the age of 3 months, or has not been
certified by a veterinary doctor that it is in fit condition, shall not be
slaughtered. Rule 37

4. Right
of Dog to use lift –

If
Dog registered or licensed only owned by person, who is living in any society,
and Dog is free from any disease than it is right of Dog to use lift. Society
without any solid based reason cannot disallow any dog to use lift. Pet animal
is always treated as family member of family. So, it is right of dog also to
use lift where he or his owner is living. 8

5.
Rights against cruelty –

If any person-

1)   beats, kicks,
over-rides, over-drives, over-loads, tortures or otherwise treats any animals
so as to subject it to unnecessary pain or suffering or causes or, being the
owner permits, any animal to be so treated; or

2)   employs in any work
or labor any animal which, by reason of any disease, infirmity, wound, sore or
other cause, is unfit to be so employed or, being the owner, permits any such
unfit animal to be so employed; or

3)   willfully and
unreasonably administers any injurious drug or injurious substance to any
domestic or captive animal or willfully and unreasonably causes or attempts to
cause any such drug or substance to be taken by any domestic or captive animal;
or

4)   conveys or carries,
whether in or upon any vehicle or not, any animal in such a manner or position
as to subject it to unnecessary pain or suffering; or

5)   keeps or confines any
animals in any cage or other receptacle which does not measure sufficiently in
height, length and breadth to permit the animal a reasonable opportunity for
movement; or

6)   keeps for an
unreasonable time any animal chained or tethered upon an unreasonably short or
unreasonably heavy chain or cord; or

7)   being the owner,
neglects to exercise or cause to be exercised reasonably any dog habitually
chained up or kept in close confinement; or

8)   being the owner of
any captive animal, fails to provide such animal with sufficient food, drink or
shelter; or

9)   without reasonable
cause, abandons any animal in circumstances which render it likely that it will
suffer pain by reason of starvation or thirst; or

10)                     
willfully permits any animal, of which be is the owner to
go at large in any street while the animal is affected with contagious or
infectious disease or, without reasonable excuse permits any diseased or
disabled animals, of which he is the owner, to die in any street; or

11)                     
 offers for sale
or, without reasonable cause, has in his possession any animal which is
suffering pain by reason of mutilation, starvation, thirst, overcrowding or
other ill-treatment; or

12)                     
  needlessly
mutilates any animal or kills any animal in an unnecessarily cruel manner; or confines
or causes to be confined any animal in such a manner as to make it an object of
prey for any other animal solely with a view to providing entertainment for
other persons; or

13)                     
 for the purposes
of his business, organizes. Keeps, uses or acts in the management of, any place
for animal fighting or for the purpose of baiting any animal or permits or
offers any place to be so used or receives money for the admission of any other
person to any place kept or used for any such purposes; or

14)                     
promotes or takes part in any shooting match or
competition wherein animals are released from captivity for the purpose of such
shooting;

he shall be
punishable, in the case of a first offence, with fine which may extent to fifty
rupees, and, in the case of a second or subsequent offence committed within
three years of the previous offence, with fine which may extend to one hundred
rupees, or with imprisonment for a term which may extend to three months, or
with both. Section 119

6.  Cosmetics testing are banned –

India
introduced prohibitions against in-country use of animals to test cosmetics and
also banned such testing for household products, removing animal tests from the
approval requirements for bringing “soaps and other surface active agents” to
market in India. Subsequently, animal testing in pharmacy education courses was
banned, “through a gazette notification that said animal experimentations would
be replaced by computer-assisted modules. The new ban on imports, he indicated,
would in particular negatively affect European companies “that have been
turning to India to sell products that they could no longer sell at home after
the EU’s ban on animal testing for cosmetics.” Import of cosmetics tested on animals prohibited. –No person shall sale
such cosmetics. Section 135B Prohibition of testing of cosmetics on animals –
No person shall use any animal for testing of cosmetics. Section 148C10

Conclusion:

Humans are social animals that why they can
express their views and ask for their rights also. In comparison to humans,
animal can’t ask for their rights. Many NGOs are working for the rights of
animals. But still there is lacking and in effect of that every day lot many
animals faces cruelty by humans. So, each and every person must be aware about
rights of animals and also they should protect and preserve animals and their
rights. And for that, Government should introduced Animal protection and
preservation as subject in schooling system.

1
https://www.peta.org/living/other/cure-cancer-found

2
The Prevention and Control of Infection and Contagious Diseases in Animals
Bill, 2005

3
The Prevention of Cruelty to Animal Act, 1960 Section 13(1)

4
The Wildlife Protection Act, 1972

5
State of Bihar vs. Murad Ali Khan, AIR 1989 SC 1

6
Indian Penal Code, 1860

7
The Prevention of Cruelty to Animals (Slaughter House) Rules, 2001

8
Consumer Complaint No.166/2008 , Ajay Madhusudan Marathe vs. New Sarvodaya Co.
Housing Society Ltd.

9
The Prevention of Cruelty to Animal Act, 1960

10
Drug and Cosmetic Rules, 1945