The Legal Architecture of Animal Welfare in India

Tanuja Panda

doi:10.36948/ijfmr.2026.v08i03.80639

The Legal Architecture of Animal Welfare in India

Author(s)	Dr. Tanuja Panda
Country	India
Abstract	In a nation where ancient philosophical traditions exalt non-violence and reverence for all living beings, the legal architecture of animal welfare in India occupies a distinctive moral and constitutional space. India’s commitment to the protection of animals is deeply rooted in its civilizational ethos, spiritual traditions, and constitutional framework. This article explores the complex mosaic of constitutional mandates, judicial pronouncements, and institutional mechanisms that collectively aim to uphold the dignity and well-being of animals—sentient yet speechless members of the natural world. It critically analyzes the philosophical underpinnings, statutory mechanisms and landmark court rulings that have shaped the evolving narrative of animal welfare law in India. It begins with an overview of constitutional provisions, followed by an in-depth analysis of key statutes such as the Prevention of Cruelty to Animals Act, 1960 and the Wildlife (Protection) Act, 1972. By mapping the evolution, strengths, and lacunae of India’s animal welfare laws, this article seeks to contribute to a deeper understanding of the legal and ethical imperatives that should shape the future of animal protection in India. The article also examines the role of the judiciary, international obligations, conservation authorities, and the challenges that remain. Judicial activism has significantly expanded the contours of animal welfare jurisprudence. From the recognition of animals as sentient beings with inherent dignity, to judicial declarations of their right to live free from cruelty, Indian jurisprudence has begun to carve a space where compassion and legality intersect. However, this progress remains uneven. Loopholes in enforcement, obsolete penalties, and socio-cultural contradictions continue to undermine the spirit of existing laws. The article critically examines these gaps and advocates for a paradigm shift from a utilitarian to a rights-based approach, emphasizing reforms such as the recognition of animal personhood, stringent penal measures, and integrated policy frameworks. By weaving together legal doctrine, policy analysis, and normative critique, this article positions animal welfare not merely as a statutory obligation, but as a constitutional and ethical duty of a civilized society. It argues for a transformative approach that recognizes animals not as property, but as beings with intrinsic worth, entitled to protection, dignity, and care. In doing so, it invites lawmakers, institutions, and citizens alike to rise as true guardians of the voiceless.
Keywords	Keywords: Animal Welfare, Sentient, Constitution, Judiciary, Ethical Duty
Field	Sociology > Administration / Law / Management
Published In	Volume 8, Issue 3, May-June 2026
Published On	2026-06-06
DOI	https://doi.org/10.36948/ijfmr.2026.v08i03.80639

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The Legal Architecture of Animal Welfare in India

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