In India, citizens hold a responsibility to take care of community animals by ensuring they are well provided, including shelter, food, and water, supporting vaccination to control disease spread and reporting cases of cruelty to the appropriate authorities.
Legal and constitutional duties
Article 51-A(g) of the Fundamental Duties under Indian Constitution states that “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 creature”
Article 51-A(h) – It shall be the duty of every citizen of India to develop the scientific temper, humanism and the spirit of inquiry and reform.
Judicial Interpretation And Humanism
In the Animal Welfare Board of India (AWBI) v A.Nagaraja and Others[(2014) 7 SCC 547],The Supreme Court construed humanism as the essential responsibility towards ensuring the welfare of animals, particularly evident in efforts to ban Jallikattu or Bullock Cart Race
The SC also acknowledged five fundamental freedoms for animals such as Freedom from hunger, thirst and malnutrition, from fear and distress, from physical and thermal discomfort, Freedom from pain, injury, disease and to express normal patterns of behavior (example: barking) incorporating them into Section 3 and 11 of Prevention of Cruelty to Animals (PCA) Act,1960 akin to our human fundamental rights.
In Dr Maya D. Chablani v. Radha Mittal and Others,2021 SCC OnLine Del 3599, addressing community dogs, the Delhi High Court reaffirmed humanism as a pivotal duty for citizens of India.
Protection Of Caretakers
Section 503 of the Indian Penal Code 1860, provides that intimidation is a criminal offense which is cognizable. Anyone who threatens or intimidates any person taking care of dogs, is liable for criminal intimidation under Section 503 of Indian Penal Code and can be arrested without a warrant.
Be a responsible caregiver. Our roles should leave a lasting impact that betters animal welfare in India.
Done By: V. Madhumitha, 5th year B.A, LL.B(Hons.)
SRM University, Kattangulathur
For Origin Law Labs
