Neelam in this paper, I want share the

Neelam Sheth ParikhAssi. Prof., Khyati Institute of IntegratedLawAhmedabad (Gujarat) (India) “Animal vs. Human” AbstractAnimalsare creatures which cannot express their views, like dislike, feelings as Humanbeings. So, they are in most of cases ill-treated. Human as most intelligentcreature can do whatever is his own benefit.

Human Rights are the shield forhumans to save him from any obligations. One Human treat animals with crueltyand others are just viewers, just because they are also not aware about Rightswhich are with Animals also. Mymotive behind this Research paper is to make everyone aware about AnimalRights. The burning question or we can say debate of now-a-days is AnimalRights Vs Human Rights. So in this paper, I want share the “Rights of Animalagainst Human Beings” and “Rights of Human being against Animals”.

Introduction:The recent death of a seven-year-old boy, who wasattacked by street dogs, the NHRC National Human Rights Commission has calledfor a larger debate on the issue of Human rights vs. Animal rights. Thecommission has also issued notices to the Delhi government and the Union HealthMinistry, seeking their opinion on this matter. The police had said that theboy, Mamun, had tripped and fallen down near a dog while playing. The startledanimal 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 humanrights against animal rights “in a situation where human lives are at risk dueto attack by animals.”This debate is still continue, no judgment or solutionhas find by NHRC for this crucial matter. But, this is for the upper levelpeople who are aware about Rights of both Humans and Animals.

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But, peoples likeus are not aware about Rights of Animals against us and our rights againstAnimals. Rights of Humans against Animal:1. Finding Cure for Cancer –Decadesof animal-based laboratory tests have given us some treatments for mice thatare genetically and otherwise manipulated to grow tumors. But if we are seekingmedical advances for humans, animal-based experiments are really the mosteffective way to spend our limited resources. These treatments have been used to saveor improve the lives of many millions of people worldwide. The questionarise that why animal? The amount of vaccine needed to treat a human is 3,000times greater than for an animal. Human body cannot bear this 3,000 timesgreater flow of bacteria in comparison to animal.

It revolutionized the ability to treatbacterial infections, which were a major cause of death. This simple animaltest led directly to the saving of literally millions of lives, both human andanimal.Without animal research, medicine as we know it todaywouldn’t exist.

Animal research has enabled us to find treatments for cancer,antibiotics for infections, vaccines to prevent some of the most deadly anddebilitating viruses and surgery for injuries, illnesses and deformities.12. Stopping disease from Animal –1)   Ifa person, public body or village panchayat suspects that any animal under itscharge is infected with a scheduled disease (disease listed in the schedule ofthe Bill), he is required to report the matter to the village officer andnearest veterinarian. Neighboring states will be intimated about the occurrenceof the scheduled disease so as to enable them to take adequate precautionarymeasures.2)   Allanimals infected or suspected to be infected with a scheduled disease will besegregated and prevented from grazing or drinking water from a common source.3)   Thestate government can notify any area as a controlled area with respect to anyscheduled disease. All animals in the area will be vaccinated by vaccines madeavailable by the state government.

4)   No person will be allowed totake any infected animal (whether dead or alive), fodder, bedding or anymaterial 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 . Animalfairs, exhibitions or any grouping of animals shall be prohibited unlesspermitted by the competent authority.5)   If the state government issatisfied that the disease is no longer prevalent, it can declare the area as afree area.26)   If the court satisfied thatit would be cruel to keep the animal alive, to direct that animal be destroyedand to assign animal to any suitable person.33. 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 acorresponding right, just as there cannot be parent without a child.

And in Indianconstitution there are many provisions for rights and duties of the individualsas fundamental rights and fundamental duties. Thus,rights and duties are correlatives and there can be no right without a duty. 4. Hunger –We knowthe earth’s human population is booming.

More people means we’ll need moreresources to sustain ourselves. Extra food, water, and land will be required tomeet our basic needs. In addition, our natural resources are already underintense strain. From our rainforests to our oceans, natural habitats and theplants and animals that live there are disappearing at an alarmingrate. 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 inwhole 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 treatmenttowards animal should be become more decent. At least with meat we arefulfilling some nutrition needs of such malnutrition people.

5. Self- defense –The killing or wounding in good faith of any wildanimal in defense of oneself or of any other person shall not be an offence.Section 11(2)4 Hunting of wild animal ispermitted in certain cases, such as in self defense. To decide whether killingis necessary is depended on the factors affecting the situation. So, in somecondition and situation person have right to kill or injure the animal indefense of self, any other person or property.5Rights of Animal against Humans:1. Fundamental duty of every citizen –Article 51 A (g) ofthe Constitution that it shall be the fundamental duty of every citizen toprotect and improve the natural environment including forests and Wildlife. TheDirective Principles of State policy – Article 48A, mandate that the Stateshall endeavor to protect and improve the environment and to safeguard theforests and wildlife of the country.

But, still the state requires adding oramending Constitution with the provisions regarding, preserving and improvingbreeds, prohibiting slaughter of cow and cattle and other creature.2. Killing or maiminganimals is offense –Mischiefby killing or maiming animal of the value of ten rupees.—Whoever commitsmischief by killing, poisoning, maiming or rendering useless any animal oranimals of the value of ten rupees or upwards, shall be punished with imprisonmentof either description for a term which may extend to two years, or with fine,or with both. Section 428Mischiefby killing or maiming cattle, etc., of any value or any animal of the value offifty rupees.—Whoever commits mis­chief by killing, poisoning, maiming orrendering 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 fiftyrupees or upwards, shall be punished with imprisonment of either descriptionfor a term which may extend to five years, or with fine, or with both. Section42963.

Slaughterof Animal –Noperson shall slaughter any animal within a municipal area except in a slaughterhouse recognized or licensed by the authority. No animal which is pregnant, hasan offspring less than 3 months, is under the age of 3 months, or has not beencertified by a veterinary doctor that it is in fit condition, shall not beslaughtered. Rule 374. Rightof Dog to use lift –IfDog 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. Societywithout any solid based reason cannot disallow any dog to use lift. Pet animalis always treated as family member of family. So, it is right of dog also touse lift where he or his owner is living.

85.Rights against cruelty –If any person- 1)   beats, kicks,over-rides, over-drives, over-loads, tortures or otherwise treats any animalsso as to subject it to unnecessary pain or suffering or causes or, being theowner permits, any animal to be so treated; or 2)   employs in any workor labor any animal which, by reason of any disease, infirmity, wound, sore orother cause, is unfit to be so employed or, being the owner, permits any suchunfit animal to be so employed; or 3)   willfully andunreasonably administers any injurious drug or injurious substance to anydomestic or captive animal or willfully and unreasonably causes or attempts tocause 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 positionas to subject it to unnecessary pain or suffering; or 5)   keeps or confines anyanimals in any cage or other receptacle which does not measure sufficiently inheight, length and breadth to permit the animal a reasonable opportunity formovement; or 6)   keeps for anunreasonable time any animal chained or tethered upon an unreasonably short orunreasonably heavy chain or cord; or7)   being the owner,neglects to exercise or cause to be exercised reasonably any dog habituallychained up or kept in close confinement; or 8)   being the owner ofany captive animal, fails to provide such animal with sufficient food, drink orshelter; or 9)   without reasonablecause, abandons any animal in circumstances which render it likely that it willsuffer pain by reason of starvation or thirst; or10)                     willfully permits any animal, of which be is the owner togo at large in any street while the animal is affected with contagious orinfectious disease or, without reasonable excuse permits any diseased ordisabled animals, of which he is the owner, to die in any street; or11)                      offers for saleor, without reasonable cause, has in his possession any animal which issuffering pain by reason of mutilation, starvation, thirst, overcrowding orother ill-treatment; or12)                       needlesslymutilates any animal or kills any animal in an unnecessarily cruel manner; or confinesor causes to be confined any animal in such a manner as to make it an object ofprey for any other animal solely with a view to providing entertainment forother persons; or13)                      for the purposesof his business, organizes. Keeps, uses or acts in the management of, any placefor animal fighting or for the purpose of baiting any animal or permits oroffers any place to be so used or receives money for the admission of any otherperson to any place kept or used for any such purposes; or14)                     promotes or takes part in any shooting match orcompetition wherein animals are released from captivity for the purpose of suchshooting; he shall bepunishable, in the case of a first offence, with fine which may extent to fiftyrupees, and, in the case of a second or subsequent offence committed withinthree years of the previous offence, with fine which may extend to one hundredrupees, or with imprisonment for a term which may extend to three months, orwith both. Section 1196.  Cosmetics testing are banned –Indiaintroduced prohibitions against in-country use of animals to test cosmetics andalso banned such testing for household products, removing animal tests from theapproval requirements for bringing “soaps and other surface active agents” tomarket in India. Subsequently, animal testing in pharmacy education courses wasbanned, “through a gazette notification that said animal experimentations wouldbe replaced by computer-assisted modules.

The new ban on imports, he indicated,would in particular negatively affect European companies “that have beenturning to India to sell products that they could no longer sell at home afterthe EU’s ban on animal testing for cosmetics.” Import of cosmetics tested on animals prohibited. –No person shall salesuch cosmetics. Section 135B Prohibition of testing of cosmetics on animals –No person shall use any animal for testing of cosmetics. Section 148C10Conclusion:Humans are social animals that why they canexpress 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 ofanimals. But still there is lacking and in effect of that every day lot manyanimals faces cruelty by humans. So, each and every person must be aware aboutrights of animals and also they should protect and preserve animals and theirrights. And for that, Government should introduced Animal protection andpreservation as subject in schooling system.

1https://www.peta.org/living/other/cure-cancer-found2The Prevention and Control of Infection and Contagious Diseases in AnimalsBill, 20053The Prevention of Cruelty to Animal Act, 1960 Section 13(1)4The Wildlife Protection Act, 19725State of Bihar vs. Murad Ali Khan, AIR 1989 SC 16Indian Penal Code, 18607The Prevention of Cruelty to Animals (Slaughter House) Rules, 20018Consumer Complaint No.

166/2008 , Ajay Madhusudan Marathe vs. New Sarvodaya Co.Housing Society Ltd.9The Prevention of Cruelty to Animal Act, 196010Drug and Cosmetic Rules, 1945