Legal Principles of Animal Protection

Author: Shashank Shekhar Singh, student At New Law College Bharati Vidyapeeth Deemed To Be University, Pune. 

Protection of Animals- A Moral Duty Now Treated as a Legal Obligation across Many Countries. This article discusses the legal principles of animal protection within the context of historical changes, significant legislation, and contemporary issues. It tries to look into the purpose or objectives of laws that involve animal protection, reviews significant literature on the topic, and provides an in-depth analysis of the legal framework. Article writers give the discussion of case studies as well as other live examples to highlight how animal welfare is affected with the implementation of these laws, and the challenges arising there from. The concluding paragraphs call for stronger enforcers and global cooperation so as to enhance the protection for the animals.

The main objective for this article is that there should be an understanding of the legal principles involved while protecting animals. Objectives are:

1. To understand the historical evolution of animal protection laws.

2. To study the critical legislations and legal systems of various countries.

3. To examine the existing literature on animal welfare and legal protection.

4. To discuss the contemporary issues and challenges in enforcing animal protection laws.

5. To identify the influence of legal principles on animal welfare through case studies and real-life examples.

Animals have been an important component of human society as a friend, food source, and entertainer or subject for experimentation and research. Yet the way humans interact with animals has consistently triggered concerns on ethics and morals. The evolution of this concern has taken the shape of law principles in trying to prevent the cruel treatment of animals and exploitation. The recognition of animals as sentient beings led to the development of laws ensuring their welfare and humane treatment. This article provides an overview of the legal principles of animal protection and looks into the historical setting, key legislations, and contemporary issues. The discussion of the case studies and real-life examples in the article illustrate the impact of these laws on animal welfare and how challenges are faced in its implementation.

This area of literature includes a range of disciplines such as law, ethics, sociology, and animal science. The most important texts in this field are as follows:

1. Animal Liberation by Peter Singer: The thesis proceeds from the point that an individual ought to consider animals' interests and not inflict avoidable harm.

2. The Animal Rights Debate by Carl Cohen and Tom Regan This is a book that puts different views on animal rights: Cohen argues against recognition of animal rights, and Regan for the recognition of animal rights.

3. "Introduction to Animal Rights: Your Child or the Dog?" by Gary Francione: Francione presents the legal and philosophical perspectives of animal rights, with emphasis on legal reform to better protect animals.

4.W.M.S. Russell and R.L. Burch's "The Principles of Humane Experimental Technique": The treatise on the 3Rs in animal research-introduction, that has made a great influence on animal welfare legislations.

5. News articles and reports: There are many scholarly articles and reports by different organizations, such as the World Animal Protection and the International Fund for Animal Welfare, which provide information on some of the successes of animal protection laws and continuing struggles.

Since certain religious and cultural traditions placed a strong emphasis on treating animals humanely, animal protection legislation has existed since the dawn of civilization. However, the first animal welfare regulations were passed in the 19th century, marking the beginning of official legal protection.

Initial Days: In 1635, Ireland passed the first documented law protecting animals, outlawing the practice of removing sheep's fleece and tying plows to horses' tails. With an emphasis on the welfare of farm animals, the UK followed suit in 1822 with the Cruel Treatment of Cattle Act. 

The 20th century saw the establishment of extensive legislative frameworks pertaining to animal care. This includes the United States' Animal Welfare Act of 1966, which established minimal requirements for how animals should be treated during transportation, display, and research. Other examples are the Animal Welfare Act of 2006 in the United Kingdom and the Prevention of Cruelty to Animals Act of 1960 in India.

Animal protection laws have been differently developed across various countries in accordance with their cultural, social, and economic contexts. Some key legislations are:

•United States: The major federal legislation dealing with the treatment of animals in research, exhibition, and transportation is the Animal Welfare Act of 1966. It sets the standards for housing, handling, and veterinary care and mandates that the United States Department of Agriculture (USDA) license and inspect.

•United Kingdom: Animal Welfare Act of 2006 is a generalized law making an offense on causing unnecessary suffering to any animal. This law makes a duty on the carer or pet owner toward his pets in terms of their care, and additional provisions in it are licensable and controlled activities towards animals.

• European Union: The EU has enacted several directives and regulations in the aspect of animal welfare protection. This includes, among others, the directive entitled Directive for the Protection of Animals Used for Scientific Purposes (2010) and Regulation on the Protection of Animals during Transport (2005). The Lisbon Treaty (2009) already has recognized animals as sentient beings.

• India: The core legislation that deals with the protection of animals is the Prevention of Cruelty to Animals Act, 1960. Under this act, the Animal Welfare Board of India was established and defines provisions under the heading of prevention of cruelty to animals, regulation of experiments, and the welfare of draught and pack animals.

Although the aforementioned animal protection laws were widespread in scope, implementation and compliance remain difficult due to numerous reasons, some of them include:

•Lack of Awareness and Education: The majority of people remain ignorant about the legal provision and their duties towards animals. There is a need for public awareness campaigns and education programs that would encourage humane treatment and compliance with the laws.

The lack of effective enforcement mechanisms, inadequate resources, and corruption may become barriers to proper implementation of the animal protection laws. Strengthening the legal framework and increasing funding for the agencies are crucial.

•Cultural and Societal Norms: Cultural and societal norms toward animals vary widely and affect the effectiveness of animal protection laws. For instance, in some cultures, age-old customs may conflict with new standards of animal welfare.

•Economic Constraints: In most developing countries, economic factors hinder the proper use of available resources for animal welfare projects. This is a huge problem because of the contradiction between economic development and animal welfare.

There are real-life examples, tracing the effects of legal principles on animal protection. Cecil the Lion, protected in Zimbabwe, was hunted to death in 2015 by a trophy hunter from the United States. This ignited world-wide public outcry and demand for the strengthening of regulations that prevent trophy hunting and guarantee proper conservation of wildlife.

•Jallikattu in India: Jallikattu is an ancient bull-taming sport that has faced much controversy in India due to concerns about animal cruelty and cultural heritage. Though the Supreme Court banned the sport in 2014, it was later legalized with appropriate regulations ensuring animals' welfare.

• Factory Farming: The animal welfare concern from factory farms is high. The UK and the EU have passed legislation to improve farm animal welfare, such as banning battery cages for laying hens and phasing out gestation crates for pigs.

•Animal Testing: It has developed the 3Rs principle that involves Replacement, Reduction, and Refinement. The EU's ban on cosmetics testing on animals and the promotion of alternative methods have greatly affected animal welfare in research.

The organizations have been significantly contributing toward the cause of promoting welfare of animals and influencing legislations of different countries. World Animal Protection, IFAW, and the OIE work for standardizing welfare protection at global levels while providing technical support to individual countries, promoting stronger legislations of animal welfare 

The Death of Cecil the Lion

A highly protected lion in Zimbabwe's Hwange National Park named Cecil was killed by Walter Palmer, an American trophy hunter, in 2015. The killing stirred the world and brought forward debates in the ethical and legal status of trophy hunting. The incident pointed out the need to enforce stricter regulations on and implement existing laws on the protection of wildlife. As a result, many nations, including the United States, analyzed their regulations on importing trophies, therefore increasing restriction and awareness on endangered species conservation.

Jallikattu in India

Jallikattu is a traditional bull-taming sport used in Tamil Nadu, India. The sport has been very controversial in terms of animal welfare versus cultural heritage. In 2014, the Supreme Court of India banned Jallikattu on grounds of animal welfare. This action, however, was very unpopular by the natives because they felt it was an intrinsic part of their culture. In 2017, Tamil Nadu's government passed a bill where they permitted Jallikattu with few regulations which maintained the welfare of animals. It illustrates how cultural practice conflicts with animal welfare legislations.

Factory Farming and Animal Welfare

Factory farms have also become a major point of argument over time between the animal welfare movements. In the European Union, there are laws that have been enacted and implemented to improve the welfare of farm animals. For example, the EU outlawed battery cages for laying eggs by hens in 2012. It is also phasing out gestation crates among pigs. The regulations show more humane living conditions than what is provided by applying the legal principle that applies to animals: respect and care.

Animal Testing and the 3Rs Principle

Animal testing has been one of the most debated issues in conducting research. The 3Rs principle of Replacement, Reduction, and Refinement was established for the reduction of animal experimentation and better treatment of those animals used in research activities. The European Union promoted the 3Rs significantly. The Cosmetics Directive banned testing cosmetic products on animals and the importation and sale of cosmetic products in the EU that had been tested on animals. This step has fostered the advancement and acceptance of alternative testing, significantly reducing dependence on animal testing.

The Dancing Bears Rescue in India

For many centuries, Indians had the custom of keeping bears as entertainment. This is referred to as "dancing bears.". In practice, these bears were typically ill treated including to pierce their muzzles so agonized. In the early 2000s, these bears were rescued and rehabilitated via association with the Indian Government animal welfare organizations. Under the act of Prevention of Cruelty to Animals Act, 1960, such efforts came about. The last recorded dancing bear was rescued during 2012, hence marking a great success towards animal welfare in India.

PETA's campaign against animal cruelty.

PETA People for the Ethical Treatment of Animals has supported public awareness and advocacy for the rights of animals worldwide. One of the most renowned campaigns was against angora wool; after investigations undercover showed rabbits were brutishly treated in farms. This led to many giant clothing brands, including H&M and Zara, opting to end angora wool, thus bringing a new era in the fashion industry as well as elevating the standards of animal welfare.

These examples strongly show the changes in the context of animal protection undergirded by legal principles and humane treatment. Improvement after that is significant still; considerable support and practice and increasing public awareness together with efforts should be shown to further their welfare more.

The above moral duty imposed had changed these legal principles into obligatory forces in the animal well-being scheme. Though there was tremendous stride in the enactment of such comprehensive animal welfare laws, effective implementation and enforcement remained challenging issues. Public awareness, education, and a better enforcing mechanism could make sure that these enactments were bound to have the right effects. International organizations and cooperation at the global level are essential in transboundary handling with respect to general standing standards on animal welfare.

It is high time to embrace a more balanced approach to animal welfare concerning all types of animals-farmed, used in research or entertainment, and as our companions. In this regard, we can develop the world as a more gentle and humane place for every animal.

1. DAS Legal, Understanding and Protection of Animal Rights in India, https://www.daslegal.co.in/understanding-and-protection-of-animal-rights-in-india/.

2. ClearIAS, Protection of Animals in India, https://www.clearias.com/protection-of-animals/?srsltid=AfmBOorG1WtkI0sYfWRw6eOE9ZS2i7urn0xh5V2eaDmjtI15YhEoK4xv.

3. iPleaders, Overview of Animal Protection Laws in India, https://blog.ipleaders.in/overview-animal-protection-laws-india/.