Year: 2026
Type: article
Abstract: This article examines the constitutional, moral, religious, and legal foundations of animal protection in India by arguing that compassion towards animals is not merely an ethical virtue but a constitutional obligation.It analyses the concept of constitutional morality, as articulated by B. R. Ambedkar and traced to the writings of George Grote, and demonstrates that the Constitution embodies a philosophy of justice, compassion, and respect for all living beings.The study highlights the significance of Articles 48, 48A, and 51A(g) and (h) of the Constitution, which collectively impose duties upon the State and citizens to protect wildlife, preserve the environment, and show compassion towards living creatures.The article adopts a doctrinal methodology by examining constitutional provisions, statutory enactments, judicial precedents, and religious teachings from Hinduism, Islam, Christianity, Buddhism, and Jainism.It further analyses international developments concerning animal welfare and rights, including the Universal Declaration of the Rights of Mother Earth and other global initiatives advocating legal recognition of the interests of animals.The study critically evaluates the existing statutory framework, particularly the Prevention of Cruelty to Animals Act, 1960, the Wildlife (Protection) Act, 1972, and the implications of the repeal of Section 377 of the Indian Penal Code under the Bharatiya Nyaya Sanhita, 2023.It argues that the absence of a specific penal provision addressing bestiality has created a significant legislative gap in protecting animals from sexual abuse.The article also analyses landmark judicial decisions that have progressively expanded constitutional protection for animals by recognising their intrinsic value, reinforcing the doctrine of compassion, and promoting an eco centric interpretation of constitutional rights.The article concludes that animal protection forms an integral component of India's constitutional morality and democratic values.It contends that constitutional duties under Article 51A(g) require every citizen to actively safeguard animals and the natural environment.Strengthening animal welfare laws, addressing legislative deficiencies, and fostering constitutional compassion are essential for realising the vision of justice, humanism, and harmonious coexistence embodied in the Constitution of India.
Authors: Ramulu Dunna, K Sitamanikyam
Institution: Andhra University
Language: English
Topic: Animal Law and Welfare
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: bronze
OpenAlex ID: W7171094050