THE EVOLUTION & SIGNIFICANCE OF ANIMAL

JURISPRUDENCE: A PATH TOWARDS JUSTICE FOR NON-

HUMAN BEINGS

Animal rights jurisprudence refers to the legal framework that governs the rights of animals, and
the legal obligations of humans towards animals. Animal rights jurisprudence has evolved over
time, from treating animals as mere property to recognizing them as sentient beings with their
own interests and welfare. The legal recognition of animal rights has been a relatively recent
development, and it has been influenced by a number of factors, including changes in public
attitudes towards animals, scientific research on animal behavior and cognition, and the work of
animal rights advocates. Protection of animals is enshrined as a fundamental duty in the Indian
Constitution and there exist several animal welfare legislations in India such as the Prevention of
Cruelty to Animals Act 1960 and the Wildlife Protection Act 1972 at the Central level and cattle
protection and cow slaughter prohibition legislations at the State levels. Article 51A(g) of the
Indian Constitution says that the Indian citizens shall preserve and improve the environment
which includes forests, lakes, rivers and wildlife and to have compassion for living creatures.

This essay explores the evolution and significance of animal jurisprudence, highlighting the
transition from viewing animals as property to recognizing them as sentient beings with intrinsic
rights. It examines ethical dimensions, the legal and moral status of animals, and their vital role
in ecological, cultural, and societal contexts. The essay delves into India's historical and
philosophical roots in animal welfare, modern legislative frameworks, and global advocacy
efforts like those of PETA. By analyzing landmark cases such as Animal Welfare Board of India
v. A. Nagaraja, it underscores the need for advancing animal rights and suggests pathways for
future legal and policy developments.

Who is an animal and why they matter? Legally and biologically, an "animal" is generally
defined as any non-human member of the kingdom Animalia. This definition encompasses a vast
array of creatures, ranging from the smallest insects to the largest mammals. Animals share key
characteristics, such as movement, sensory awareness, and biological processes that distinguish
them from plants and fungi. However, when viewed through the lenses of ethics and law, the
definition of an animal acquires deeper meaning. According to s.2(a) of the Prevention of Cruelty
to Animals Act, 1960 the definition of the word animal is any living creature other than a human
being. Whereas the biological meaning of animal is “a particular kind of living organism, one
that can move voluntarily and can find and digest food” or “refers to any of the eukaryotic
multicellular organisms of the biological kingdom Animalia.”

Ethical dimensions - Though humans are part of the animal kingdom, the term "animal" is
commonly reserved for non-human species. Many of these beings exhibit sentience—the
capacity to experience pain, pleasure, and emotions, which makes the ethical treatment of
animals a pressing moral concern.

Laws governing animal welfare vary widely and often fall short in protecting many species.
Insects and farm animals, for instance, are frequently excluded from the purview of animal
protection laws, leaving them vulnerable to mistreatment. Emerging legal frameworks in animal
rights law challenge these limitations, arguing for the recognition of animals as sentient
individuals rather than property. Laws such as India’s Prevention of Cruelty to Animals Act,
1960, represent critical milestones in safeguarding animal welfare, though much remains to be
done.

Why animals matter? Animals are indispensable to ecological, ethical, and societal well-being:

Compassionate Duty - As sentient beings capable of suffering, animals compel humans to act
with compassion. Ethical theories like utilitarianism, as espoused by Singer, stress the need to
minimize harm, while rights-based approaches advocate for recognizing animals’ intrinsic rights.

Ecological Significance - Animals play vital roles in maintaining ecological balance. Pollinators
like bees are essential to food systems, and predators regulate prey populations, ensuring
biodiversity and stability in ecosystems.

Cultural and Emotional Connections - Animals hold profound symbolic, spiritual, and
emotional significance across cultures. Companion animals, such as dogs and cats, enrich human
lives through emotional support and companionship, demonstrating the deep bonds we share
with them.

Societal Reflection - The treatment of animals reflects societal values and has far-reaching
consequences for human well-being, public health, and environmental sustainability. Protecting
animals ensures a more just and humane society.

Scientific and Economic Contributions - While animals contribute significantly to fields like
research and agriculture, their exploitation raises serious ethical and sustainability concerns,
highlighting the need for reform.

Historically, animals were viewed as mere resources for human benefit. Today, there is growing
recognition of their intrinsic worth as sentient beings. Philosophers, legal scholars, and advocates
argue for integrating animals into our moral and legal frameworks to ensure their welfare and
dignity. Recognizing animals as "who" they are, rather than "what" they are, allows us to
appreciate them as individuals with unique lives and inherent value. This shift fosters a more
compassionate and sustainable relationship with the natural world.

Legal and moral status of animals - The legal and moral status of animals has been a topic of
considerable debate, shaped by philosophical arguments, historical developments, and evolving
societal attitudes. Understanding the distinction between legal rights and moral considerations is
crucial for assessing how animals are treated and protected.

Legal Rights are enforceable claims recognized and protected by law. For animals, legal rights
often pertain to welfare standards, such as freedom from unnecessary pain or neglect. For
example, laws like the Prevention of Cruelty to Animals Act, 1960 in India or the Animal
Welfare Act in the United States provide frameworks for the humane treatment of animals but
fall short of granting animals full personhood or intrinsic rights.

Moral Considerations are grounded in ethical theories, which question how animals should be
treated based on their sentience, capacity for suffering, or intrinsic value. This often demand
more expansive treatment of animals than what current legal systems provide. In ancient times,
animals were often seen as property or instruments for human use.
The evolution of animal jurisprudence from ancient times and its intersection with Indian
philosophy. India has a long and intricate history when it comes to the protection and welfare of
animals. From ancient scriptures that espouse compassion for all living beings to modern-day
legislation, the country’s commitment to animal rights has evolved significantly over time. This
journey, marked by progressive changes and continuous advocacy, has paved the way for a more
humane approach to animal welfare.

Ancient roots of compassion - The foundation of animal welfare in India can be traced back to
ancient texts such as the Vedas, Upanishads, and Buddhist and Jain scriptures. These spiritual
teachings often emphasized non-violence (Ahimsa) and the ethical treatment of all creatures. For
instance, Emperor Ashoka, who ruled during the 3rd century BCE, is widely remembered for his
animal welfare policies. He established one of the earliest known wildlife conservation laws,
prohibiting the killing of certain species and promoting veterinary care. In Rajasthan, Chetak,
Maharana Pratap's legendary warhorse, is honored through temples, memorials like the Chetak
Smarak in Haldighati, and cultural traditions. Devotees pray to Chetak for courage, loyalty, and
protection, viewing him as a divine symbol of selfless service. His heroics are celebrated in
Rajasthani folk songs, dances, and festivals, embodying perseverance and strength. Farmers and
horse owners revere Chetak as an emblem of the sacred bond between humans and animals. This
enduring devotion reflects his legacy of bravery and loyalty, inspiring virtues of dedication and
sacrifice across generations.

Post-Independence Legal Framework - Following India’s independence, there was a

significant shift toward stronger animal protection measures. The Prevention of Cruelty to
Animals Act of 1960 became a landmark legislation, establishing clear rules against animal
cruelty and creating the Animal Welfare Board of India (AWBI) to oversee implementation. This
Act provided the framework for various subsequent rules, such as the Transport of Animals
Rules, 1978, and the Prevention of Cruelty to Draught and Pack Animals Rules, 1965. In
addition, the Wildlife (Protection) Act, 1972, emerged as a powerful law designed to safeguard
wild animals and their habitats. This Act laid down stringent penalties for poaching and illegal
wildlife trade, reinforcing India’s dedication to protecting its diverse fauna.

Modern Developments and Challenges - The legal landscape of animal welfare in India
continues to evolve. Recent years have seen amendments to existing laws and the introduction of
new rules, such as the Prevention of Cruelty to Animals (Care and Maintenance of Case Property
Animals) Rules, 2017. However, despite these advancements, enforcing these laws remains a
significant challenge, especially in cases involving cruelty against street animals and wildlife.

Organisations making animal rights as part of the social justice movement. People for the
Ethical Treatment of Animals (PETA) is a leading organization dedicated to protecting
animals from cruelty and promoting their rights. Founded in 1980, PETA advocates for animal
welfare through campaigns, education, and the adoption of ethical, non-animal alternatives in
research and testing. PETA has led the fight to abolish animal research by promoting
compassionate, practical alternatives. Over 110 million U.S. mice, rats, rabbits, primates, cats,
and dogs perish in chemical, pharmacological, cosmetic, medical training, and curiosity-driven
research each year. Many suffer physical and psychological torment in barren cages and undergo
harsh, unneeded treatments, frequently dying. Sadly, the federal Animal Welfare Act does not
protect or count over 99% of experimental animals, including mice and birds. PETA leads efforts
to replace animal experimentation with creative, non-animal techniques. The Laboratory
Investigations Department tackles illegal research, while the Regulatory Toxicology Department
replaces animal testing with scientifically sophisticated alternatives. PETA continually wins
animal rights via public campaigns, legal proceedings, and campaigning. Some key initiatives of
PETA Advocacy & Policy through which it supports the science-based Research Modernisation
Deal to end animal research. They work with politicians to ban animal testing and get
government agencies stop harsh practices. PETA investigates labs which abuses animals and
tries to close them via undercover investigations and advocacy campaigns.
PETA sues to stop public financing of cruel and wasteful experiments. PETA helps
pharmaceutical, chemical, and consumer goods industries implement non-animal testing. They
provide seminars, publish non-animal research, and help instructors and students discontinue
classroom animal dissection. It also provides compassionate alternatives to animal
experimentation by developing and funding them. PETA has a worldwide reach and continues to
promote science-backed alternatives and ethical behaviours to reduce animal suffering and
advance human-relevant research. Their dedication to eliminate animal experimentation is
crucial to a more humane and scientific world.

How landmark cases and legislation affects the perception globally? Animal Welfare Board
of India v/s A. Nagaraja case will help us in understanding this. The judgment reflects a strong
and empathetic stance by the court regarding the welfare of animals, specifically bulls used in
bullock-cart races and Jallikattu. It adds to the growing body of rulings that expand the
interpretation of “life” and “dignity” under the Constitution, acknowledging animals’ rights to
welfare and humane treatment as part of India’s constitutional framework. The case dealt with
the legality of bullock-cart races and Jallikattu in Tamil Nadu and Maharashtra in relation to the
Prevention of Cruelty to Animals Act, 1960 (PCA Act). The Animal Welfare Board of India
(AWBI) presented evidence of cruelty inflicted on bulls during these events, including physical
injuries, deprivation, and psychological distress, emphasizing their use solely for human
entertainment. AWBI highlighted practices such as ear cutting, mutilation, and the use of sharp
objects, showing the suffering endured by the animals. The organizers of these events, however,
argued that such traditions were longstanding, contributed to state revenue, and were regulated
under the Tamil Nadu Regulation of Jallikattu Act, 2009 (TNRJ Act). They claimed the events
did not constitute cruelty under the PCA Act. Tamil Nadu’s government further asserted its
commitment to preventing cruelty during these events. The court rejected these arguments,
affirming that the PCA Act, a welfare-oriented legislation, supersedes anthropocentric laws like
the TNRJ Act. It found that Jallikattu and bullock-cart racing inflicted significant pain and
suffering on bulls, violating sections 3 and 11 of the PCA Act, which mandate care and prohibit
unnecessary suffering. In examining claims of cultural significance, the court noted that Tamil
traditions and culture, which venerate bulls, do not support inflicting pain or suffering on them.
The current execution of these events, characterized by cruelty, contradicts the essence of Tamil
heritage, which regards bulls as sacred. The judgment underscored that the PCA Act’s eco-centric
ethos prevails over cultural practices inconsistent with animal welfare principles.

The court also highlighted broader principles of animal rights:

 Animals have an inherent right to life and dignity under Article 21 of the Constitution.
This right extends beyond mere survival to a life of intrinsic worth and respect.

 The PCA Act imposes obligatory duties on humans, granting animals corresponding
statutory rights. These rights should be elevated to constitutional rights to ensure their
protection, as seen in several jurisdictions globally.

 The concept of “Species Best Interest” was identified as the standard for resolving
conflicts involving animals, emphasizing their intrinsic rather than instrumental value.

The judgment also referenced international standards from the World Organisation for Animal
Health, which require animals to be healthy, comfortable, and free from pain or distress. It called
on Parliament to elevate animal rights to constitutional status, aligning India with progressive
global practices. In essence, the court reinforced the view that animals are sentient beings with
inherent rights, demanding compassion, dignity, and protection. The ruling marked a significant
step toward reshaping India’s legal and cultural landscape concerning animal welfare.

In Conclusion the evolution of animal jurisprudence reflects humanity's gradual recognition of

animals as sentient beings deserving legal and moral consideration. From ancient Indian
philosophies rooted in Ahimsa to modern legislation like the Prevention of Cruelty to Animals
Act, 1960, and the Wildlife Protection Act, 1972, India's commitment to animal welfare has
grown significantly. Landmark cases like Animal Welfare Board of India v. A. Nagaraja have
reinforced the rights of animals to live with dignity, urging society to transcend anthropocentric
views and embrace eco-centric principles. Globally, organizations like PETA advocate for ethical
practices, pushing for non-animal alternatives in research, education, and industry. Despite these
advancements, gaps in enforcement, exclusions of many species from legal protections, and
deeply ingrained cultural practices still challenge the progress of animal welfare. Strengthening
animal jurisprudence is essential for building a more compassionate society. Future
developments must include broadening the legal definition of animals, elevating their rights to
constitutional status, and integrating animal rights into educational curriculums. Governments
should prioritize creating comprehensive policies that address ethical concerns, promote humane
practices, and foster innovation in non-animal testing methods. By advancing animal
jurisprudence, humanity not only safeguards animals but also upholds values of justice,
compassion, and sustainability.