Animal Cruelty To Animals

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TOWARDS ANIMALS RIGHTS It is said that the beasts are not persons either natural or legal. Hence they possess no legal rights. But according to Salmond there are two cases in which beasts may be thought of possessing certain legal rights. In the first place, cruelty to animals is a criminal offence, and in the second place, a trust for the benefit of particular classes of animals, as opposed to one for individual animals, is valid and enforceable as a public and charitable trust; for example, a provision for the establishment and maintenance of a home for stray dog or broken-down horses. We have seen that the human beings owe a duty towards the animals, which ultimately is considered as a duty towards the society also. As every right has…show more content…
P.J. Fitzgerad says ‘it would of course be possible for a legal system to regard an animal as a person and endow it with rights and duties’. This in a way paved the way to accept that the animals do possess some inherent right and the early concept of the Roman Law doctrine that animals ferae naturae did not belong to any person and therefore, was a common property resource no longer holds good. In the growing societies and with the attitudinal changes people who favour and also those who are sincerely acting towards the animal welfare strongly advocate for some kind of rights of the animals. They found their support in the argument of such activists who favour that we work together in protecting all kinds of species on the planet in which lies the sustainable conservation of our…show more content…
It is worthwhile to mention here that the said Act was enacted with the primary object to consolidate the law relating to cattle trespass. The Court observed that “we are considering this matter from a little wider horizon. Cattle like human being possess life in them. Even an animal has a right to say that its liberty cannot be deprived except in accordance with law.” Citing the constitutional duty of every citizen to have compassion for living creatures which includes animals also, the court was of the opinion
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