About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

4 Issue 1 Indian J.L. & Legal Rsch. 1 (2022)

handle is hein.journals/injlolw4 and id is 1 raw text is: Indian Journal of Law and Legal Research BRIDGING JURISTIC GAPS IN DEVELOPMENT OF RIGHTS BASED APPROACH TOWARDS ANIMALS Dr Anju Pandey1 & G N Sinha2 ABSTRACT As per the report of Federation of Indian Animal Protection Organization (FIAPO) and All Creatures Great and Small (ACGS), 4, 93,910 animals fell victims to crimes committed by humans from 2010 to 2020. The nature of these crimes included beating, physical abuses, intentional violence, acid throwing, irreparable harm and unnatural sex. These facts and figure pertain to a country where we personify animals as God in our ancient scriptures and succeeding civilizations and some of those traditions are still in practice symbolically. This reality raised a very fundamental question about our societies' sensitivity towards living creatures. The core reason behind this sad reality is that humans have always undervalued non-human beings and never accorded them their intrinsic rights as available to themselves. If we investigate Indian legal system, it has accommodated animals' concerns in constitution and in statutes also. However, the spirit of these laws have not translated into actionable reality. Now the question is if laws are not working to bring a social change where all living creatures may become entitled to natural rights of their survival then what else could bring that change. In this context, there could be two reasons, whether the development of laws failed to keep pace with the imperative of rights based approach or implementation mechanisms are ineffective. In this unfortunate reality, there is a pressing need to move towards the rights based approach to animals instead of doing welfare for animals that too for humans' needs. . This transition requires revisiting the philosophies towards animals' rights and to find workable means and methods to bring social change where non-humans and humans could live in harmony instead of conflict. This research paper intends to revisit the traditional and modern philosophies towards rights of animals and to highlight the reasons behind the existing gaps between the legal and constitutional mandates towards animals' rights 1 Dr. Anju Pandey is Assistant Professor, School of Law, UPES, Dehradun. 2 G. N. Sinha, IFS (Retd.) is Professor, School of Law, UPES, Dehradun. Page: 1 Volume IV Issue I ISSN: 2582-8878

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most