International Journal For Multidisciplinary Research

E-ISSN: 2582-2160   •   Impact Factor: 9.24

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From Animal Welfare to Animal Rights: Evaluating India’s Legal Enforcement Through Constitutional Jurisprudence and Comparative Legal Analysis

Author(s) Mr. Satish Kumar Singh, Ms. Pallavi Lakhera, Ms. Kumkum Sharma
Country India
Abstract India’s constitutional framework embeds animal protection within its fundamental structure through Articles 21, 48, 48A, and 51A(g), establishing both state obligations and citizen duties toward animal welfare. Despite this robust constitutional foundation and landmark judicial pronouncements recognizing animal's intrinsic dignity and rights, enforcement remains critically deficient. The Prevention of Cruelty to Animals Act, 1960 (“PCA 1960”), India’s primary legislative instrument, suffers from obsolete penalties, inadequate enforcement mechanisms, and significant legislative lacunae that permit widespread animal cruelty. This paper critically examines India’s transition from a welfare-based to a rights-based paradigm through constitutional jurisprudence, analyzing landmark cases including Animal Welfare Board of India v. A. Nagaraja and subsequent judicial developments. Through comparative analysis of constitutional provisions in the European Union (Lisbon Treaty), United States (Animal Welfare Act), New Zealand (Animal Welfare Act 1999), Switzerland, and Germany, this study identifies enforcement gaps and proposes comprehensive reforms. The analysis reveals that while India’s constitutional provisions are progressive, the disconnect between constitutional mandates and statutory implementation undermines effective animal protection, necessitating urgent legislative amendments, enhanced penalties, and institutional strengthening.
Keywords Animal welfare, Animal rights, Constitutional protection, Prevention of Cruelty to Animals Act 1960, Animal Protection Law.
Published In Volume 8, Issue 5, September-October 2026
Published On 2026-09-17
DOI https://doi.org/10.36948/ijfmr.2026.v08i05.87842
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CrossRef DOI prefix of IJFMR is 10.36948/ijfmr

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