Animal Laws Single Credit Course/ Certificate Course, NLUO

“The greatness of a nation and its moral progress can be judged by the way its animals
are treated” - Mahatma Gandhi

“It shall be the duty of every citizen of India to protect and improve the natural
environment, including forests, lakes, rivers and wildlife, and to have compassion for
living creatures” – Constitution of India

Introduction:

In this course, we consider a series of topics that come under the general headings of
“animal law," “animal welfare,” and “animal rights.” One of the fastest growing fields
of legal practice, animal law often involves issues of constitutional law, administrative
law, environmental law, criminal law, etc. The unifying factor within this field of
practice is that, no matter what type of law is involved, the underlying substance of the
matter addresses the interests of animals themselves.

Through ground-breaking litigation for the improvement of animals’ lives, fundamental

questions are being asked about the nature of a legal right or interest, the manner in
which the law often creates or entrenches power imbalances, and how those imbalances
impact animals.

This course in animal law is therefore not only rooted in the application of statutory
and common law but also explores legal theory and jurisprudence. Through this course,
we will explore the history of animal welfare in India, the legal theory, jurisprudence,
and practical application of animal law.
Primary objectives:

1. Learn the substance and principles of existing Indian laws as it addresses

animals’ welfare
2. Understand the statutory framework of animal law in India.
3. Understand the links between cruelty to animals and violent, delinquent, and
criminal behaviour.
4. Acquire legal knowledge to adequately prosecute animal cruelty cases.
5. Assess the possibilities of using various legal concepts and tools to manage
human-animal interactions and mitigate harm

Pedagogy:

The course is taught through a combination of lectures, classroom discussions, guest

lectures and independent study of the reading material which will be provided at the
beginning of the course. The focus of the course will be on legal concepts with an
orientation towards application.

Course Structure and Break-Up:.

Unit 1: Animal and Ethics (2 Hours)

• Who is an animal?
• Why do animals and their suffering matter?
• Legal Status of Animals (Property vs Legal Personhood)
• Historical / cultural evolution of our understanding of animals
• Understanding the links between cruelty to animals and violent, delinquent, and
criminal behaviour.

Unit 2: Constitution and Animals (2 Hours)

• Constitutional provisions Article 48, 48A, 51A(g) and (h), Art 300 A and
animals
 • Study of M.C. Mehta (II) v. Union of India, (1988) 1 SCC 471 in relation to writ
jurisdiction to enforce statutory provisions to prevent cruelty.
• Does conjoint reading of Articles 51A(g) and 21 makes it clear that the right to
life and health guaranteed under Article 21 cannot be exercised de hors the
obligation to treat all living creatures with compassion as stipulated under
Article 51(A)(g)?
• Does right to life under article 21 extend to nonhuman animals (all living
creatures as used in article 51A(g)?
• Balancing rights under the Constitution: Does prohibition of use of animals in
rituals and/or cultural festivals (cock fighting, bull fighting, Jallikattu) violate
freedom of speech and expression and religion?

Unit 3: Animal Cruelty (3 Hours)

• Overview of PCA
• Analysis of how we treat animals and understand the cruelty endured by animals
in various industries, related law & policy:
o Using animals as test subjects for research & toxicology
o Animals used for Entertainment
o Animal racing & Animal fights
o Animals used for fur & skin
o Pet shops and breeding of animals
o 428 & 429 IPC
o Animals in religion
o Fighting animal cruelty everyday
• Penalties and procedure for seizure of animals.
• Maintenance and upkeep of seized animals.

Unit 4: Wildlife (4 hours)

• Introduction to Wildlife Crimes

• The Wildlife (Protection) Act, 1972
• The Wildlife (Protection) Rules, 1995
 • National Zoo Policy 1998
• Recognition of Zoo Rules, 2009
• Human - Wildlife Conflict
• Wildlife Trade: International Treaties

Unit 5: Animal Agriculture (2 hours)

• Industry practices: Impact on animal welfare & environment

o Factory faming of animals – Intensive confinement of egg-laying hens,
pigs and chicken.
o De-beaking, dehorning, castration, branding and other mutilations
commonly practiced in animal farming.
o Non-therapeutic use of antibiotics in animal agriculture
o Environmental hazards of intensive factory farming
• Laws Relating to Farmed Animals
• Legal efforts to change the system.

Unit 6: Companion Animals (1 hour)

• Humane street dog population management – law and policy.

• Law relating to feeding of street dogs
• Right of the companion animal to live with its guardians - restrictive
regulations by RWAs, builders, land lords etc.

Unit 7: International law and animal welfare (1 hour)

• Recognising animal protection in International Law

• Formal recognition of animal sentience in International Law
• Universal Declaration on Animal Welfare
• Animal welfare standards in International Trade, Treaties and Free Trade
Agreements
• World Organisation for Animal Health (OIE) standards and animals welfare
• Review of 5 Freedoms for animals
• IUCN
Unit 8: Prosecuting animal abuse (3 hours)

• Reporting Animal Abuse and Cruelty (How to file an FIR)

• Using Articles 226 and 32 to seek writs to implement laws for the protection of
animals
• Investigating & Prosecuting Animal Abuse
o Procedure for Investigation
o Taking the Animal Abuse Case to Trial
o Anticipating Defences
o Meet with your Investigator, Witnesses and attending Veterinarian
o Expert Testimony
• Sentencing Options
o Fine
o Imprisonment
o Fine and Imprisonment
o Depriving ownership/possession of animals

Total : 18 hours

Cases:
1. AWBI v. A. Nagaraja and Ors. (AIR 2014 SCW 3327)
2. People for Animals through Norma Alvares vs. State of Goa & Others (1996
CJ(Bom) 374)
3. Abdulkadar Mohamad Azam Shiek vs State of Gujrat & 2 Ors (2011 CJ (Guj)
879)
4. Animals & Birds Charitable Trust & Ors. Vs. Municipal Corporation of Greater
Mumbai & Ors (2015 CJ (Bom) 1049)
5. X vs. Y (2014 CJ (HP) 224) / (2014 (4) RCR(CIVIL) 265)
6. Mrs. Gauri Maulekhi vs. Govt. of Uttarakhand & Others [WP(PIL) No.
41/2013]
7. Arun Prasanna vs. State & Ors (2013 CriLJ 4389)
8. Viniyog Parivar Trust vs. Union of India (AIR 1998 Bom 71)
9. P.E.S.T and Ors. Vs. State of Goa & Ors (2009 (1) BCR 501)
 10. Manoj Kumar Dubey vs. State of U. P (not reported. See indiakanoon.org)
11. Sonia Rogers vs State of Haryana and Another, 16th May, 2011(not reported.
Please refer to indiakanoon).
12. Laxmi Narain Modi vs. Union of India (2014 (3) SCC 143)
13. Geeta Seshamani vs. Union of India (AIR 2004 SCW 7487)
14. Gauri Maulekhi vs. Union of India & Ors 13th July, 2015
15. Animal Rescue Organisation vs. State of Andhra Pradesh & Others (PIL
206/2015)
16. Gau Gyan Foundation vs. State of Karnataka (not reported. Please refer
indiakanoon.org)
17. State of U.P vs. Mustakeem & Ors. [Order arising out of SLP (CRI) Nos. 2790,
2793, 2795, 2797, 2800/1999], dt. 22.02.2002
18. Gauri Maulekhi vs. State of Uttarakhand [WP (PIL) No. 77/2010]
19. Rajendran vs. Secretary, Dept of Revenue, Govt of Tamil Nadu & Others
[WPMP 57581/2004]
20. Smt. Maneka Gandhi vs, Municipal Corporation of Delhi & New Delhi
Municipal Corporation
21. Animals Rights Funds, Bangalore vs. State of Karnataka [WP No. 14432/2008]
22. M.C.Mehta vs. Union Territiory of Delhi (Civil Writ No. 2961/1992)
23. Akhil Bharat Krishi Goseva Sangh vs. State of Andhra Pradesh / Al-Kabeer
Slaughter House Pollution case [ Civil Appeal No. 3968/1994]
24. Prema Veeraraghavan vs. State by Inspector of Police, Koyambedu PS, Chennai
& Mani [Crl R.C. No. 1534/2001 and Crl M.P. No. 8047/2001]
25. Mohd. Habib vs. State of Uttar Pradesh [Civil Misc. WP No. 38469/1994]
26. Ozair Hussain vs. Union of India & Others [Civil WP No 837/2001]
27. Sh. Ajay Madhusudan Marathe vs. New Sarvodaya Co Housing Society ltd
(Consumer Complaint no: 166/2008)
28. Narayan Dutt Bhatt v Union of India & Others (Writ Petition (PIL) No. 43 of
2014)
29. Karnail Singh vs Union Of India (Civil WP NO. 20471 OF 2016)
30. Gauri Maulekhi vs Union of India & Ors. (Original Application No. 681/2017).

Recommended Sources:
The Wellbeing Studies Repository is a collection of academic, archival, and assorted
other materials related to the various disciplines within the fields of animal, human and
environmental wellbeing and welfare.

Available at : https://www.wellbeingintlstudiesrepository.org/communities.html

Animal Laws of India, Maneka Gandhi

Additional readings specific to each unit will be provided before the topics are
discussed to help facilitate a more in depth understanding of each topic.

Evaluation:

Assessment for the course will be on the following basis:

a) Project Submission 70 marks
b) Article Submission 30 marks

Additional Information:

1. Projects shall not be more than 3,500 words, from introduction to conclusion
excluding footnotes. Articles shall be between 1000-1500 words excluding footnotes.
2. In addition to the submission requirements of the Exam Department, students are
required to submit a soft copy of the project to the professor.
3. Project and Article topics will be given individually, and students may change their
topics with the consent of the course instructor.
4. All submissions will be reviewed for plagiarism.