SHOULD THE SCOPE OF ARTICLE 21 BE EXTENDED TO ANIMALS: AN ANALYSIS
AUTHOR – R SUSHMITHAA ROSHINI* & NISHANT AGGARWAL**
* ADVOCATE FROM HIGH COURT OF KARNATAKA
** STUDENT AT SCHOOL OF LAW, CHRIST UNIVERSITY, BANGALORE
BEST CITATION – R SUSHMITHAA ROSHINI & NISHANT AGGARWAL, SHOULD THE SCOPE OF ARTICLE 21 BE EXTENDED TO ANIMALS: AN ANALYSIS INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (10) OF 2026, PG. 242-248, APIS – 3920 – 0001 & ISSN – 2583-2344.
ABSTRACT
The harmonious co-existence of human beings and non-human animals is crucial for maintaining the balance in the ecosystem. However, humans have formed a society and have placed themselves in a central and superior position. This has led to acts of cruelty against animals. At present the need of the hour requires a pragmatic approach towards the welfare of the animals. In India, there has always been a welfare-based approach that is driven and focussed towards the protection of animals, however in the recent times the judiciary has begun inclining towards an approach that is based on rights. This approach lacks enough support from the jurisprudential perspective. This paper explores the consequences of adopting a perspective based on rights and aims to explain how the notion of absolute duty is better in promoting animal welfare rather than bestowing them with fundamental right to life, as it has its own religious, socio- legal repercussions. There are numerous other ways to guard animals, uphold their dignity and discourage cruelty and one of the means is to strengthen the existing legislative framework and impose stringent penalties.