LIJDLR

JEEV RAKSHA, JAN RAKSHA: RECONCILING ANIMAL WELFARE, BIODIVERSITY AND PUBLIC SAFETY IN BHARAT’S LEGAL FRAMEWORK

Suryabhan Sangram Ingle, Second Year Student pursuing Three Year Law Course at Government Law College, Mumbai (India)

Rajnandini Hindurao Sankpal, First Year Student pursuing Three Year Law Course at ABMSP’s Yashwantrao Chavan Law College, Pune (India)

Aashish Sanjay Kulkarni, Second Year Student pursuing Three Year Law Course at MES’s Law College, Pune (India)

India’s primary anti-cruelty statute, the Prevention of Cruelty to Animals Act, 1960, retains a penalty structure with a fine as low as ten rupees for a first offence under Section 11. This paper argues that India’s animal welfare crisis and its public safety crisis are two symptoms of the same underlying failure: chronic underenforcement, alongside inadequate penalties. We trace this failure across four registers. First, ordinary cruelty, were street animals face violence with weak deterrence. Second, commercial-scale exploitation, including illegal cattle transport and wildlife poaching for meat, feathers, and body parts. Third, public safety, where dog bites and rabies prompted Supreme Court interventions culminating in the May 2026 ruling emphasising citizens’ safety under Article 21 and lawful, veterinary-supervised responses. Fourth, constitutional balance, where the 2023 Jallikattu verdict shows that welfare reform must sometimes negotiate, rather than override, genuine cultural practice. Through doctrinal research, the paper examines constitutional provisions, legislation, judgments, parliamentary material, scholarship, and reported enforcement incidents. It distinguishes existing law from proposed amendments and treats reported seizures as allegations rather than convictions. These distinctions guide the paper’s assessment of institutional responsibility. Drawing on Article 48’s directive on cattle preservation, Article 48A’s environmental mandate, and Article 51-A(g)’s duty of compassion, we argue that India does not lack the legal concept of animal welfare; it lacks consistently effective implementation. Stronger penalties alone cannot secure humane treatment or safer streets without veterinary capacity, public-health services, and administrative accountability. We conclude with an actionable reform agenda spanning legislative amendment, proportionate penalties for commercial offenders, review of peacock-feather trading exemptions, enforceable municipal accountability under the Animal Birth Control Rules, 2023, coordinated cruelty and bite-tracking systems, improved wildlife investigations, and sustained citizen and NGO participation, directed throughout at protecting both India’s animals and her citizens.

📄 Type 🔍 Information
Research Paper LawFoyer International Journal of Doctrinal Legal Research (LIJDLR), Volume 4, Issue 3, Page 2923–2945.
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