Right of Animals to Live Without Fear and Distress: Madras HC

Right of Animals to Live Without Fear and Distress

This article discusses the recent judgment by the Madras High Court regarding the right of animals to live without fear and distress.

Examining the case of Thengumarahada village located inside the Mudumalai Tiger Reserve, the Madras High Court judgment recognized the need for relocation to uphold the right of animals to live without fear and distress.

The village’s presence within the protected reserve has resulted in man-animal conflicts, obstructed migratory routes of elephants, and caused distress to wildlife. By blocking animal paths and disrupting their natural ecosystem, Thengumarahada has violated the right of animals to have free access to their natural habitats.

Madras High Court Judgment on Animal Rights
Madras High Court upholds right of animals to live without fear and distress
AspectDetails
Landmark Judgment Upholding Animal RightsRight of animals to live without fear and distress
Constitutional Basis Article 21 Right to Life Includes Animals
Directive Principles Protect Wildlife and Forests
Fundamental Duties Include Compassion for Living Beings
Case Background Thengumarahada Village in Mudumalai Tiger Reserve
Formed in Crucial Wildlife Corridor
Caused Distress to Animals
Court Observations Recognized Right of Animals to be Free of Fear and Distress
Human Settlements Violated Animal Habitats
Relocation Needed to Protect Wildlife
Judgment Orders Relocate 495 Families from Village
Rs 15 Lakh Compensation Per Family
Total Rs 74.25 Crores from CAMPA Funds
Impact and Significance Reinforces Animal Rights Jurisprudence in India
Prioritizes Wildlife Protection Over Commercial Interests
Progressive Precedent for Animal Welfare Efforts
Key Takeaway The judgment establishes constitutional protections for animals and makes their welfare a moral and legal imperative.

Introduction

Fundamental Rights, Directive Principles of State Policy, and Fundamental Duties are three key components of the Indian Constitution that play a crucial role in shaping the legal framework for animal rights in India.

The Fundamental Rights, enshrined under Part III of the Constitution, provide individuals with protection against violation of their rights, including the right to life which has been interpreted to include animal rights.

The Directive Principles of State Policy, outlined in Part IV, guide the state in formulating policies that promote environmental protection and conservation of wildlife.

Lastly, the Fundamental Duties enumerated under Article 51A impose an obligation on citizens to show compassion towards all living creatures, emphasizing the ethical responsibility towards animals.

Constitutional Provisions for Animal Protection

Fundamental Rights

Article 21 of the Indian Constitution has been interpreted by the courts to encompass animal rights, specifically stating that the right to life under Article 21 includes the life of animals. This interpretation stems from the understanding that every species, including animals, has a right to life and security.

However, this right is subject to the law of the land and can be deprived for human necessity. The courts have emphasized that ‘life’ for animals goes beyond mere survival and encompasses living a life of inherent worth and dignity.

Directive Principles of State Policy

The Directive Principles of State Policy in the Indian Constitution provide constitutional mandates for the state to protect and preserve wildlife, including conservation of forests and animal habitats. These principles are outlined in Article 48A, which requires the state to safeguard and maintain wildlife, recognizing the importance of environmental and wildlife conservation.

The inclusion of this directive reflects a commitment to uphold animal welfare and ensure the preservation of natural ecosystems. Notably, the Supreme Court has emphasized that Article 48A should be considered in environmental cases brought before it.

Fundamental Duties

Enjoining compassion towards living creatures, Article 51A(g) serves as a constitutional obligation that promotes the humanistic ethos of animal welfare in India. This fundamental duty, incorporated in the Constitution, requires Indian citizens to exhibit compassion for all living beings.

The Supreme Court has described Article 51A(g) as the ‘magna carta’ of animal rights in India, emphasizing its significance in upholding constitutional values. It implies caring for the suffering and promoting the well-being of animals.

In cases related to animal welfare and environmental protection, the Supreme Court has emphasized that Article 51A(g) should be read alongside Directive Principles to ensure responsible citizenship.

Madras HC Judgment Details

Examining the case of Thengumarahada village, which is located inside the Mudumalai Tiger Reserve, the judgment of the Madras High Court acknowledges the necessity of relocation in order to protect the rights of animals to live without fear or distress.

The village’s presence within the protected reserve has led to conflicts between humans and animals, as well as the obstruction of elephant migratory routes, causing distress to wildlife. Thengumarahada’s actions of blocking animal paths and disrupting the natural ecosystem have violated the animals’ right to freely access their natural habitats.

The court emphasized that relocation was essential to mitigate disturbance to wildlife and upheld Article 48A of the Indian Constitution which aims at preserving wildlife and forests.

This judgment highlights the significance of maintaining harmonious coexistence between humans and animals by ensuring that animals are not subjected to unnecessary fear or distress due to human activities.

Court Orders

In accordance with the Madras High Court’s judgment, several court orders were issued to ensure the successful relocation of the families residing in Thengumarahada village. The court directed the National Tiger Conservation Authority (NTCA) to transfer the compensation amount of Rs 74.25 crores to the Tamil Nadu state forest authorities for disbursal to the villagers.

It emphasized that protecting wildlife was a constitutional obligation and warranted allocating funds for relocation, despite initial reluctance from authorities. The forest department was given a month to complete the relocation process and submit a compliance report.

Significance of the Judgment

The Madras High Court’s judgment on relocating Thengumarahada village holds significant implications for both wildlife conservation and the welfare of forest-dwelling communities.

This landmark decision reinforces animal rights jurisprudence in India, highlighting the constitutional protection of animals’ lives and habitats. By prioritizing wildlife protection and mitigating man-animal conflicts, the court recognizes the urgent need for sustainable development in fragile ecosystems like Mudumalai.

The ruling establishes a precedent for animal rights activism, encouraging public interest litigation to challenge anti-animal policies and practices. Moreover, it upholds moral values of compassion and co-existence with nature while directing state authorities to protect voiceless species.

national park in tamil nadu
national park in tamil nadu

Conclusion

Given the progressive stance taken by the Madras High Court in directing state authorities to protect wildlife habitats and mitigate man-animal conflicts, continued efforts are necessary to ensure long-term security of wildlife corridors and animal rights.

The recent judgment ordering the relocation of Thengumarahada village is a positive step towards recognizing the constitutional right of animals to live without fear and distress. However, implementation challenges remain.

Sustained public interest litigation and policy advocacy are crucial for the effective enforcement of this judgment. It is important for the government and civil society to remain committed to promoting a humane and ecologically balanced society, where animals can live with respect and dignity.

This requires not only protecting wildlife habitats but also ensuring that wildlife corridors are preserved, allowing animals to move freely between their natural habitats. By doing so, we can contribute towards creating an environment where human-wildlife coexistence is harmonious and sustainable.

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