Keywords : Constitutional Provision
European Journal of Molecular & Clinical Medicine,
2020, Volume 7, Issue 4, Pages 1929-1935
The Animal is a nice creation of nature or God and it a beauty of the earth as well as part of the environment. Here the first question is whether an animal can be considered as a person. According to Salmond animals are not persons since they are incapable to hold rights and duties. But it is not true no doubt persons are two types into natural and legal persons. A natural person is a real human being with having rights and duties by birth and protected by law and State. Juristic persons are created and formulated by the law and having some rights recognized by State. An animal is a legal person when anyone has created cruelty towards animals. The term Animal is very wide and defined under the Wild Life law 1972, only living organisms like vertebrate animals, birds reptiles, amphibians, fish, other chordates, and invertebrates and also includes their youngsters and eggs, etc. mentioned in term animals. Our Indian constitution also protected the rights of animals through Article 21. In the A. Nagaraja1 case, the Indian Apex Court explained the status of animals in our legal system is very dignified. The animals are also a crucial part of human mankind as well as the goddess part of the environment. The Indian Constitutional scheme has incorporated the concept of welfare of animals like freedoms and protection of animals, provide better care and treatment for the animal. It is a utility for the development of nations and economies. The decision has played a greater role in the protection of the rights of animals and developed animal jurisprudence in India. So we can say the animal is not only the property of a person as well as prohibited cruelty towards animals. I consider this paper, rights of Animals in the Indian legal system as well as where that a treated a property.