The palpable dichotomy between animal cruelty laws and implementation – Is there a way forward for Indian jurisprudence?
This article critically examines the dichotomy between India's existing animal cruelty laws and their practical implementation. It argues that the primary issue lies not in the lack of animal protection legislation but in the loopholes and inadequacies of the current laws, which often fail to...
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| Format: | Article |
| Language: | deu |
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Center for Animal Law and Ethics
2024-10-01
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| Series: | Journal of Animal Law, Ethics and One Health |
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| Online Access: | https://leoh.ch/article/view/5982 |
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| author | Bhavya Johari |
| author_facet | Bhavya Johari |
| author_sort | Bhavya Johari |
| collection | DOAJ |
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This article critically examines the dichotomy between India's existing animal cruelty laws and their practical implementation. It argues that the primary issue lies not in the lack of animal protection legislation but in the loopholes and inadequacies of the current laws, which often fail to hold perpetrators accountable for their actions. The article traces domestic legislation, highlighting its shortcomings in achieving the overarching goal of animal protection. It also explores the role of judicial precedents in shaping the interpretation of these laws. Despite the Supreme Court's recognition of animal rights, socio-cultural and political factors have led to judgments and ineffective jurisprudence contradictions. The article emphasizes the need to reform and restructure animal cruelty laws, addressing the shortcomings in judicial precedents to alleviate animal suffering and protect their legal rights. By adopting an animal-centric perspective, the article aims to give voice to the subaltern realm, referring to relevant legal provisions and judicial precedents, as well as comparative perspectives, throughout the analysis.
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| format | Article |
| id | doaj-art-a00ef6a3813645d98695f0446a41a56d |
| institution | Kabale University |
| issn | 2813-7434 |
| language | deu |
| publishDate | 2024-10-01 |
| publisher | Center for Animal Law and Ethics |
| record_format | Article |
| series | Journal of Animal Law, Ethics and One Health |
| spelling | doaj-art-a00ef6a3813645d98695f0446a41a56d2025-02-06T08:33:58ZdeuCenter for Animal Law and EthicsJournal of Animal Law, Ethics and One Health2813-74342024-10-0110.58590/leoh.2024.009The palpable dichotomy between animal cruelty laws and implementation – Is there a way forward for Indian jurisprudence?Bhavya Johari0University of Melbourne This article critically examines the dichotomy between India's existing animal cruelty laws and their practical implementation. It argues that the primary issue lies not in the lack of animal protection legislation but in the loopholes and inadequacies of the current laws, which often fail to hold perpetrators accountable for their actions. The article traces domestic legislation, highlighting its shortcomings in achieving the overarching goal of animal protection. It also explores the role of judicial precedents in shaping the interpretation of these laws. Despite the Supreme Court's recognition of animal rights, socio-cultural and political factors have led to judgments and ineffective jurisprudence contradictions. The article emphasizes the need to reform and restructure animal cruelty laws, addressing the shortcomings in judicial precedents to alleviate animal suffering and protect their legal rights. By adopting an animal-centric perspective, the article aims to give voice to the subaltern realm, referring to relevant legal provisions and judicial precedents, as well as comparative perspectives, throughout the analysis. https://leoh.ch/article/view/5982Animal cruelty lawsLegal rights of animalsJudicial precedentsAnimal protection jurisprudence |
| spellingShingle | Bhavya Johari The palpable dichotomy between animal cruelty laws and implementation – Is there a way forward for Indian jurisprudence? Journal of Animal Law, Ethics and One Health Animal cruelty laws Legal rights of animals Judicial precedents Animal protection jurisprudence |
| title | The palpable dichotomy between animal cruelty laws and implementation – Is there a way forward for Indian jurisprudence? |
| title_full | The palpable dichotomy between animal cruelty laws and implementation – Is there a way forward for Indian jurisprudence? |
| title_fullStr | The palpable dichotomy between animal cruelty laws and implementation – Is there a way forward for Indian jurisprudence? |
| title_full_unstemmed | The palpable dichotomy between animal cruelty laws and implementation – Is there a way forward for Indian jurisprudence? |
| title_short | The palpable dichotomy between animal cruelty laws and implementation – Is there a way forward for Indian jurisprudence? |
| title_sort | palpable dichotomy between animal cruelty laws and implementation is there a way forward for indian jurisprudence |
| topic | Animal cruelty laws Legal rights of animals Judicial precedents Animal protection jurisprudence |
| url | https://leoh.ch/article/view/5982 |
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