Guidelines on Conduct of Jallikattu Event
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Reportable in the Supreme Court of India Civil
1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 5387 OF 2014 (@ Special Leave Petition (Civil) No.11686 of 2007) Animal Welfare Board of India …. Appellant Versus A. Nagaraja & Ors. …. Respondents WITH CIVIL APPEAL NO. 5388 OF 2014 (@ Special Leave Petition (Civil) No.10281 of 2009) CIVIL APPEAL NOS. 5389-5390 OF 2014 (@ Special Leave Petition (Civil) Nos.18804-18805 of 2009) CIVIL APPEAL NO. 5391 OF 2014 (@ Special Leave Petition (Civil) No.13199 of 2012) CIVIL APPEAL NO. 5392 OF 2014 (@ Special Leave Petition (Civil) No.13200 of 2012) CIVIL APPEAL NO. 5393 OF 2014 (@ Special Leave Petition (Civil) No.4598 of 2013) CIVIL APPEAL NO. 5394 OF 2014 (@ Special Leave Petition (Civil) No. 12789 of 2014) (@ SLP(C) CC…4268 of 2013) Page 1 2 WRIT PETITION (C) NO.145 OF 2011 AND T.C. (C) Nos.84, 85, 86, 97, 98 and 127 of 2013 K.S. Radhakrishnan, J. 1. Leave granted. 2. We are, in these cases, concerned with an issue of seminal importance with regard to the Rights of Animals under our Constitution, laws, culture, tradition, religion and ethology, which we have to examine, in connection with the conduct of Jallikattu, Bullock-cart races etc. in the States of Tamil Nadu and Maharashtra, with particular reference to the provisions of the Prevention of Cruelty to Animals Act, 1960 (for short ‘the PCA Act’), the Tamil Nadu Regulation of Jallikattu Act, 2009 (for short “TNRJ Act”) and the notification dated 11.7.2011 issued by the Central Government under Section 22(ii) of the PCA Act. -
Submission for the Inquiry Into the Impact of Animal Rights Activism on Victorian Agriculture
AA SUBMISSION 340 Submission for the Inquiry into the Impact of Animal Rights Activism on Victorian Agriculture 1. Term of reference a. the type and prevalence of unauthorised activity on Victorian farms and related industries, and the application of existing legislation: In Victoria, animal cruelty – including, but not limited to, legalised cruelty – neglect and violations of animal protection laws are a reality of factory farming. The Prevention of Cruelty to Animals Act 1986 (Vic) affords little protection to farm animals for a number of reasons, including the operation of Codes of Practice and the Livestock Management Act 2010 (Vic). The fact that farm animals do not have the same protection as companion animals justifies applying a regime of institutionalised and systematic cruelty to them every single day of their lives: see, for example, the undercover footage contained on Aussie Farms, ‘Australian Pig Farming: The Inside Story’ (2015) < http://www.aussiepigs.com.au/ >. It is deeply concerning and disturbing that in addition to the legalised cruelty farm animals are subjected to, farm animals are also subjected to illegal/unauthorised cruelty on Victorian farms. The type of unauthorised activity on Victorian farms is extremely heinous: this is evidenced by the fact that it transcends the systematic cruelty currently condoned by law and the fact that footage of incidences of such unauthorised activity is always horrific and condemned by the public at large. Indeed, speaking about footage of chickens being abused at Bridgewater Poultry earlier this year, even the Victorian Farmers Federation egg group president, Tony Nesci, told the Sydney Morning Herald and The Age that he was horrified by the footage and livid at what had happened. -
Cruelty on Animals and Related Rights
PJAEE, 17 (6) (2020) CRUELTY ON ANIMALS AND RELATED RIGHTS Maithili Chaudhury1, Nilanjan Chakraborty2 1,2 Asst. Professer, Faculty of Legal Studies, Siksha O Anusandhan Email: [email protected], [email protected] Maithili Chaudhury, Nilanjan Chakraborty: Cruelty On Animals And Related Rights -- Palarch’s Journal Of Archaeology Of Egypt/Egyptology 17(6). ISSN 1567-214x Keywords: Animal Rights, Animal Husbandry, Anti-cruelty ethic, Social Ethic ABSTRACT Businesses and occupations must remain consistent with social ethics or risk losing their freedom. An important social ethical issue that has arisen over the past four decades is animal welfare in various areas of human use. The ethical interest of the society has outgrown the conventional morality of animal cruelty, which originated in biblical times and is embodied in the laws of all civilized societies. There are five major reasons, most notably the substitution of husbandry-based agriculture with industrial agriculture, for this new social concern. This loss of husbandry to industry has threatened the traditional fair contract between humans and animals, leading to significant animal suffering on four different fronts. Because such suffering is not caused by cruelty, it was necessary to express social concerns with a new ethic for animals. Since ethics is based on pre-existing ethics rather than ex nihilo, society has looked for its properly modified ethics for humans to find moral categories that apply to animals. This concept of legally encoded rights for animals has emerged as a plausible vehicle for reform. The paper provides brief summary of the animal welfare board of India, legal capacity in order to possess rights and tries to establish relation between legal personhood and rights. -
Jallikattu (Part-II) What the Future Portends for Tamil Nadu
Jallikattu (Part-II) What the future portends for Tamil Nadu. (N.T.Ravindranath) Dated: 03-04-2017 Hearing petitions filed by Animal Welfare Society of India (AWSI), PETA and other animal rights organizations against Tamil Nadu government’s ordinance allowing Jallikattu in Tamil Nadu, the Supreme Court of India on January 31, 2017 refused to stay the ordinance. However, the court expressed its displeasure over the developments in Tamil Nadu by severely criticizing the state government for its failure to control the law and order situation in the state while trying to implement the court directive on Jallikattu. The court’s decision was welcomed by all sections of people in Tamil Nadu as it defused tension and prevented a renewed flare-up in Tamil Nadu. However, the final verdict in the case is yet to be delivered. The Jallikattu is a rural bull-taming sport conducted only in five southern districts of Madurai, Theni, Thiruchirapally, Pudukottai and Dindigul in Tamil Nadu. This harvest sport is generally held in the month of January as part of the harvest festival ‘Pongal’. Though this event is held only in a few villages of five southern districts of Tamil Nadu, it is quite a popular rural sport attracting a large number of villagers. The bulls participating in the game rarely get injured. But many brave men who participate in this dare-devil event get injured every year and some of them get killed also. But people of Tamil Nadu still love this sport and they are very angry over the ban on Jallikattu imposed on it by the Supreme Court in 2014, in response to the demands and objections raised by some animal rights activists. -
Legal Research Paper Series
Legal Research Paper Series NON HUMAN ANIMALS AND THE LAW: A BIBLIOGRAPHY OF ANIMAL LAW RESOURCES AT THE STANFORD LAW LIBRARY By Rita K. Lomio and J. Paul Lomio Research Paper No. 6 October 2005 Robert Crown Law Library Crown Quadrangle Stanford, California 94305-8612 NON HUMAN ANIMALS AND THE LAW: A BIBLIOGRPAHY OF ANIMAL LAW RESOURCES AT THE STANFORD LAW LIBRARY I. Books II. Reports III. Law Review Articles IV. Newspaper Articles (including legal newspapers) V. Sound Recordings and Films VI. Web Resources I. Books RESEARCH GUIDES AND BIBLIOGRAPHIES Hoffman, Piper, and the Harvard Student Animal Legal Defense Fund The Guide to Animal Law Resources Hollis, New Hampshire: Puritan Press, 1999 Reference KF 3841 G85 “As law students, we have found that although more resources are available and more people are involved that the case just a few years ago, locating the resource or the person we need in a particular situation remains difficult. The Guide to Animal Law Resources represents our attempt to collect in one place some of the resources a legal professional, law professor or law student might want and have a hard time finding.” Guide includes citations to organizations and internships, animal law court cases, a bibliography, law schools where animal law courses are taught, Internet resources, conferences and lawyers devoted to the cause. The International Institute for Animal Law A Bibliography of Animal Law Resources Chicago, Illinois: The International Institute for Animal Law, 2001 KF 3841 A1 B53 Kistler, John M. Animal Rights: A Subject Guide, Bibliography, and Internet Companion Westport, Connecticut: Greenwood Press, 2000 HV 4708 K57 Bibliography divided into six subject areas: Animal Rights: General Works, Animal Natures, Fatal Uses of Animals, Nonfatal Uses of Animals, Animal Populations, and Animal Speculations. -
Animal Rights Movement
Animal Rights Movement The Animal Protection Movement. Prevention of cruelty to animals became an important movement in early 19th Century England, where it grew alongside the humanitarian current that advanced human rights, including the anti-slavery movement and later the movement for woman suffrage. The first anti-cruelty bill, intended to stop bull-baiting, was introduced in Parliament in 1800. In 1822 Colonel Richard Martin succeeded in passing an act in the House of Commons preventing cruelty to such larger domestic animals as horses and cattle; two years later he organized the Society for the Prevention of Cruelty to Animals (SPCA) to help enforce the law. Queen Victoria commanded the addition of the prefix "Royal" to the Society in 1840. Following the British model, Henry Bergh organized the American SPCA in New York in 1866 after returning from his post in St. Petersburg as secretary to the American legation in Russia; he hoped it would become national in scope, but the ASPCA remained primarily an animal shelter program for New York City. Other SPCAs and Humane Societies were founded in the U.S. beginning in the late 1860s (often with support from abolitionists) with groups in Pennsylvania, Massachusetts, and San Francisco among the first. Originally concerned with enforcing anti-cruelty laws, they soon began running animal shelters along the lines of a model developed in Philadelphia. The American Humane Association (AHA), with divisions for children and animals, was founded in 1877, and emerged as the leading national advocate for animal protection and child protection services. As the scientific approach to medicine expanded, opposition grew to the use of animals in medical laboratory research -- particularly in the era before anesthetics and pain-killers became widely available. -
Bringing Animal Protection Legislation Into Line with Its Purported Purposes: a Proposal for Equality Amongst Non- Human Animals
Pace Environmental Law Review Volume 37 Issue 2 Spring 2020 Article 1 May 2020 Bringing Animal Protection Legislation Into Line With its Purported Purposes: A Proposal for Equality Amongst Non- Human Animals Jane Kotzmann Deakin University Gisela Nip Follow this and additional works at: https://digitalcommons.pace.edu/pelr Part of the Animal Law Commons, Energy and Utilities Law Commons, Environmental Law Commons, International Law Commons, and the Natural Resources Law Commons Recommended Citation Jane Kotzmann and Gisela Nip, Bringing Animal Protection Legislation Into Line With its Purported Purposes: A Proposal for Equality Amongst Non-Human Animals, 37 Pace Envtl. L. Rev. 247 (2020) Available at: https://digitalcommons.pace.edu/pelr/vol37/iss2/1 This Article is brought to you for free and open access by the School of Law at DigitalCommons@Pace. It has been accepted for inclusion in Pace Environmental Law Review by an authorized administrator of DigitalCommons@Pace. For more information, please contact [email protected]. ARTICLE Bringing Animal Protection Legislation Into Line With its Purported Purposes: A Proposal for Equality Amongst Non-Human Animals JANE KOTZMANN* & GISELA NIP† The United States has a strong history of enacting laws to pro- tect animals from the pain and suffering inflicted by humans. In- deed, the passage of the Massachusetts’ Body of Liberties in 1641 made it the first country in the world to pass such laws. Neverthe- less, contemporary animal protection laws in all jurisdictions of the United States are limited in their ability to adequately realize their primary purpose of protecting animals from unnecessary or unjus- tifiable pain and suffering. -
Animal Cruelty
ANIMAL CRUELTY What is Animal Cruelty? A Humane Law Enforcement Perspective: What constitutes cruelty to animals? Excerpted from Walter Kilroy, former director, MSPCA Law Enforcement Ask a group of animal protectionists if hunting, trapping, calf roping, steer wrestling and a long list of other animal-use activities are cruel and you will probably get a resounding "yes." Ask the same questions of those who participate in these activities and you will likely get a resounding "no." Everyone sees things from the perspective of their own concerns and interests. And many kinds of people have an interest in animals. This dilemma has existed since the very beginning of the animal-protection movement. While much progress has been made for animals in our society, particularly during the past 50 years, the continuing absence of a widely accepted definition of cruelty to animals remains an enormous obstacle. Every activity that threatens the well being of animals - and that has not already been remedied through legislation - must be challenged and overcome on a largely individual basis. One definition, sometimes used by judiciary authorities, the MSPCA and other humane law enforcement officials, is found in Blacks Law Dictionary: Cruelty to Animals. The infliction of physical pain, suffering or death upon an animal, when not necessary for purposes of training or discipline or (in the case of death) to procure food or to release the animal from incurable suffering, but done wantonly, for mere sport, for the indulgence of a cruel and vindictive temper, or with reckless indifference to its pain. The single greatest obstacle to drafting, interpreting and more effectively enforcing animal-protection laws is the premise on which they are based. -
Animals in the Public Debate: Welfare, Rights, and Conservationism in India Daniela Berti
Animals in the Public Debate: Welfare, Rights, and Conservationism in India Daniela Berti To cite this version: Daniela Berti. Animals in the Public Debate: Welfare, Rights, and Conservationism in India. Reli- gions, MDPI, 2019, 10 (8), pp.475. 10.3390/rel10080475. hal-02291943 HAL Id: hal-02291943 https://hal.archives-ouvertes.fr/hal-02291943 Submitted on 19 Sep 2019 HAL is a multi-disciplinary open access L’archive ouverte pluridisciplinaire HAL, est archive for the deposit and dissemination of sci- destinée au dépôt et à la diffusion de documents entific research documents, whether they are pub- scientifiques de niveau recherche, publiés ou non, lished or not. The documents may come from émanant des établissements d’enseignement et de teaching and research institutions in France or recherche français ou étrangers, des laboratoires abroad, or from public or private research centers. publics ou privés. religions Article Animals in the Public Debate: Welfare, Rights, and Conservationism in India Daniela Berti National Centre for Scientific Research, 75016 Paris, France; [email protected] Received: 16 June 2019; Accepted: 5 August 2019; Published: 13 August 2019 Abstract: This paper proposes a survey of the many ways in which people look at and deal with animals in contemporary India. On the basis of ethnographic research and of multiple written sources (judgments, newspapers, websites, legal files, activist pamphlets, etc.), I present some of the actors involved in the animal debate—animal activists, environmental lawyers, judges, and hunter-conservationists—who adopt different, though sometimes interconnected, approaches to animals. Some of them look at animals as victims that need to be rescued and treated in the field, others fight for animals in Parliament or in Court so that they can be entitled to certain rights, others are concerned with the issue of species survival, where the interest of the group prevails on the protection of individual animals. -
Animal Law & Policy Program
HARVARD ANIMAL LAW & POLICY PROGRAM HARVARD LAW SCHOOL Annual Report Fiscal Year 2017 July 1, 2016 – June 30, 2017 TABLE OF CONTENTS Introduction 1 Part One: Report of Activities 2 A. Summary of the Academic Year 2016–2017 2 1. Executive Summary 2 2. Research, Scholarship, and Activities 3 a. Program Mission and Areas of Inquiry 3 b. Research, Scholarship, and Project Activities 3 i. Professor Kristen Stilt 3 ii. Academic Fellow, Delcianna Winders 4 iii. Policy Fellow, Alice DiConcetto 5 iv. Farmed Animal Law & Policy Fellow, Peter Brandt 5 v. Graduate Scholar, Jessica Eisen 6 c. Conferences 7 i. The Animal Welfare Act at Fifty Conference 7 ii. The Ivy League Vegan Conference at Harvard University 8 d. Academic Workshops 9 i. The Animal Welfare Act at Fifty Workshop 9 ii. Animal Agriculture from the Middle East to Asia Workshop 9 e. Other Events 11 3. Contributions to HLS Teaching Program 12 4. Participation of HLS Students in Program Activities 14 a. ALPP Student Travel Grants 14 b. Mentoring and Guidance 14 c. ALPP Student Writing Prize 16 5. Faculty Participation 17 6. Other Contributions to the HLS Community 17 a. Faculty Director, Kristen Stilt 18 b. Executive Director, Chris Green 18 7. Law Reform and Advocacy 19 a. Faculty Director, Kristen Stilt 19 b. Executive Director, Chris Green 21 c. Academic Fellow, Delcianna Winders 23 8. Connections to the Profession & Public Outreach 25 a. Faculty Director, Kristen Stilt 26 b. Executive Director, Chris Green 27 9. Collaboration with Other Schools and Departments at HLS & Harvard University 30 a. -
A Look at the Animal Cruelty Regimes of the United States and Brazil with a Call for a New Animal Welfare Agency David N
Boston College Environmental Affairs Law Review Volume 43 | Issue 1 Article 2 2-12-2016 Don't Be Cruel (Anymore): A Look at the Animal Cruelty Regimes of the United States and Brazil with a Call for a New Animal Welfare Agency David N. Cassuto Pace Law School, [email protected] Cayleigh Eckhardt Pace Law School Follow this and additional works at: http://lawdigitalcommons.bc.edu/ealr Part of the Agriculture Law Commons, Animal Law Commons, Comparative and Foreign Law Commons, and the Environmental Law Commons Recommended Citation David N. Cassuto & Cayleigh Eckhardt, Don't Be Cruel (Anymore): A Look at the Animal Cruelty Regimes of the United States and Brazil with a Call for a New Animal Welfare Agency, 43 B.C. Envtl. Aff. L. Rev. 1 (2016), http://lawdigitalcommons.bc.edu/ealr/vol43/iss1/2 This Article is brought to you for free and open access by the Law Journals at Digital Commons @ Boston College Law School. It has been accepted for inclusion in Boston College Environmental Affairs Law Review by an authorized editor of Digital Commons @ Boston College Law School. For more information, please contact [email protected]. DON’T BE CRUEL (ANYMORE): A LOOK AT THE ANIMAL CRUELTY REGIMES OF THE UNITED STATES AND BRAZIL WITH A CALL FOR A NEW ANIMAL WELFARE AGENCY * DAV I D N. CASSUTO ** CAYLEIGH ECKHARDT No man who has passed a month in the death cells believes in cages for beasts. —Ezra Pound (from the Pisan Cantos) Abstract: In the United States and around the world, animals exploited for hu- man use suffer cruel and needless harm. -
Fish and Pain Perception
An HSUS Report: Fish and Pain Perception Stephanie Yue, Ph.D. * Abstract In several arenas—legislative, academic, corporate, advocacy, and scientific—the welfare of fish has increasingly attracted attention due in part to the expansion of the aquaculture industry, as well as the growing understanding that many handling methods, management systems, and slaughter practices can induce pain and therefore reduce animal welfare. Unlike other animals raised for human consumption, however, general consensus has not always afforded fish the presupposition that they are, in fact, capable of feeling pain. The typical arguments in support of or against attributing pain capacity to fish revolve around their neuroanatomical development, behavioral and cognitive complexity, physiology, and anatomy. After reviewing the current scientific evidence and exploring the many arguments, it is irrefutably substantiated that fish are capable of experiencing pain. Introduction Aquaculture, as defined by the National Oceanic and Atmospheric Administration (NOAA) of the U.S. Department of Commerce, is “the propagation and rearing of aquatic organisms in controlled or selected environments for any commercial, recreational or public purpose.”1 Described as the fastest-growing food production sector in the world, aquaculture’s growth is expected to continue.2 Indeed, simply to satisfy current worldwide fish consumption, the Food and Agriculture Organization of the United Nations predicted in 2006 that worldwide aquaculture production must nearly double in the next 25 years. 3 In the last two decades, the aquaculture industry † has expanded approximately 8% per year, and it is expected that the number of farmed fish will continue to rise, 4 perhaps surpassing the number of wild-caught animals from the world’s fisheries.