Not only exclusive, but misses the purpose of citizenship, which is to recognize and maintain membership in a common society. [and] recognize who belongs here, who is a member of the people on whose behalf the state governs, and whose subjective well-being must be taken into account in determining the public interest and in shaping the social norms that structure our cooperative relationships.235 In line with the development of substantial animal welfare values, we are urged to adopt a vulnerability approach to addressing the challenges of representation through division. • Bridging the gap between enforcement authorities and beneficiaries through institutional measures. at the level of human government. As we have seen, these shortcomings for animals will not and cannot be resolved in today`s constitutional states. In this context, it is crucial to develop institutional arrangements that respect and promote the interests of animals, while reducing the risk of abuse and misunderstanding inherent in legal relations with these radically vulnerable people. The above constitutional provisions were introduced in 1976 by the 42nd Amendment. These provisions are not directly enforceable in court, but provide a basis for laws, policies and laws to improve animal welfare at the central and state levels. In India, the most important laws relating to wildlife are found in the Wildlife Protection Act of 1972. The law prohibits killing, trapping, poaching, poisoning or injuring wild animals or birds.
This Act is the first Act to include a broad list of endangered wildlife species. The provisions of this Act apply to different states and regions. It also proposes the creation of wildlife advisory councils for wildlife protection in each state to address the situation. Provisions relating to the protection of aquatic life (marine animals), birds and zoo animals are also covered by the Act. The definition of wildlife under the Act includes any animal, aquatic or terrestrial vegetation that is part of a habitat. By nature, each species has its own natural habitat. It is not natural for a lion to be kept in captivity in a restricted area. Separating an elephant from the herd and keeping it isolated is not what nature envisioned.
Like humans, animals have natural rights that should be recognized. It is the right of every animal, a living being, to live in an environment that meets its behavioral, social and physiological needs. (L. 59-60) However, the development and application of constitutional animal welfare cannot be a purely legal obligation for the substantive welfare of animals or the informed decisions of independent technocratic bodies. The state`s obligation to protect the interests of its weakest members is positioned as a “just and good principle” that exists alongside other important constitutional objectives, including local paternity by voting and law-enforcement citizens. While the analysis so far has focused on the problems and challenges arising from the exclusion of animals from these aspects of constitutionalism, the recognition of this exclusion does not recommend abandoning democracy. For members of language communities who draft laws, elect legislators, testify and litigate before the courts, participation as citizens and implementers is a crucial asset – and this is especially true for gender-focused groups. While this is clearly a frustrating point for some animal rights activists, any meaningful response to the radical vulnerability of animal subjects cannot “ignore” democracy.247 According to the Supreme Court, under the law of the land, every species has the right to life and security. In addition to the protection of human rights, article 21 of the Constitution protects life, and the meaning of the word “life” has been broadened, so that any disturbance of the basic environment, which includes all forms of life, including animal life, and which is necessary for human survival, falls within the scope of this article. The Court referred to the term “life” as something more than survival or existence or any instrumental value, but living a life that has intrinsic value, dignity and honourable conduct.
Justice Minallah also noted that animals are protected by Pakistan`s constitution because under this document, people have rights directly related to wildlife welfare. Using the new argument that the cruel treatment of animals in captivity violates human rights, Judge Minallah concludes that animals – at least wild animals – are constitutionally protected: the welfare, welfare and survival of the animal species are the fundamental principle for the survival of the human race on this planet. Without wildlife, there will be no human life on this planet. It is therefore clear that neglect of the welfare of the animal species, or any treatment of an animal that exposes it to unnecessary pain or suffering, has an impact on the right to life of human beings guaranteed by article 9 of the Constitution. The cruel treatment and neglect of the welfare of an animal in captivity or the exposure of conditions that do not meet the behavioural, social and physiological needs of the animals constitutes a violation of the right to human life. (page 56) It was used in Animal Welfare Board of India v. Nagaraja and Ors. (2014) that animals also have honour and dignity and that these cannot be arbitrarily denied to them. According to the Court, the rights and privacy of animals must be protected against unlawful attacks. As a result, the right to dignity has been extended and is not limited to human beings.
In view of the constitutional provisions, important animal welfare laws have been enacted: This rule contains guidelines for the transport of various animals such as monkeys, poultry, livestock, etc. In addition, strict requirements are imposed on the size of transport cages. In India, we are fortunate to have one of the most comprehensive animal welfare laws in the world. Section 51(G) is enshrined in the Constitution of India and states: 5 Martin v.