The palpable dichotomy between animal cruelty laws and implementation – Is there a way forward for Indian jurisprudence?

Abstract

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.