The Injustice of Animal Laws: A Global Perspective
Shardul Makhare
National Law University, Nagpur
“As Long As Greed Is Stronger Than Compassion, There Will Always Be Suffering.”
~Rusty Eric
Introduction
Our ecosystem relies on interdependence, where no animal is more important than another. Every creature on this planet has an equal right to live. However, in today's world, global trade and consumption derive significant revenue from animals. Humans rely on animals in many ways, both directly through activities like hunting, fishing, and poaching and indirectly through the use of animal-derived products in items such as crayons, perfumes, sugars, and other luxury goods. As the population and economy expand, this dependence on animals increases. Many companies involved in animal exploitation attempt to justify their actions by implementing reforms that appear to address the issue but, in reality, only place minimal restrictions on their practices. According to PETA, major beauty brands like “Victoria’s Secret,” “Bobbi Brown,” and “Maybelline” continue to conduct animal testing for their products.
With the global population now exceeding seven billion, natural resources are becoming more limited, which is causing conflicts over their use. In response to this scarcity, people frequently look for alternative ways to meet their needs, often resulting in the exploitation of animals. This behaviour, which has serious consequences, highlights how animals are consistently prioritized below human needs and developments, often leading to their neglect. Since 1970, humanity has eradicated 60% of animal populations[i]. This loss, driven by human consumption, has disrupted the food chain, ultimately impacting humans more than any other species.
In response to this crisis, many laws have been enacted worldwide to stop further biodiversity loss. Unfortunately, these efforts have not been sufficient. Destruction continues, driven by human greed for power and wealth, which seems to have no bounds. This article argues that the existing laws are inadequate since, despite their existence, numerous cases show that animals are still being exploited and harmed. By examining various examples from fields such as medicine, fashion, religion, etc., this article will demonstrate that animal protection laws around the world are often ineffective.
This article acknowledges its limitations. Given the constraints of time and word count, a comprehensive analysis of all animal protection laws is not feasible. Instead, the discussion will centre on highlighting the shortcomings in the enforcement of these laws through specific case studies. Additionally, the article will advocate for more straight measures to ensure the protection of animals and highlight the need for awareness and sensitization among the people.
Global Animal Protection Regulations: An Overview
“Animal rights mean that animals deserve a certain kind of consideration: consideration of what is in their best interests, regardless of whether they are cute, resourceful, or an endangered species, and regardless of whether any human cares about them at all. It means recognizing that animals are not ours to use—for food, clothing, entertainment, or experimentation[ii].”
There are many conventions and laws that have been formed in this regard across the world. The Sustainable Development Goals in 2015 did not explicitly recognize animal protection, but it was included in goals 14 and 15. Apart from that, the United States has enacted two laws in this regard: the “Animal Welfare Act” and the “Health Research Extension Act.”
In Canada, there isn't any specific law that directly regulates the care and use of animals in research[iii]. In contrast, the European Union has adopted laws to standardize regulations, training, and the housing and care of animals across all member states[iv]. Latin American countries generally have the most advanced infrastructure for animal protection. Meanwhile, China, Japan, and Korea have significant government oversight[v]. “Other Pacific Rim countries, such as Singapore, Thailand, Indonesia, and Malaysia, have varying levels of infrastructure and regulations, influenced by their economic development, culture, and religion.”[vi]
In 1960, the Indian Parliament enacted the "Prevention of Cruelty to Animals Act." This law led to the formation of a committee responsible for overseeing animal experiments to ensure the welfare of research animals and to create suitable guidelines[vii]. The Act also established an “Animal Welfare Board” to protect animals from unneeded suffering and pain. While animal research is undertaken in African as well as Middle Eastern countries, a number of these countries have yet to enact legislation or develop regulatory norms and procedures for such research.
However, even after having regulations and legislation in place, they all fall short of protecting the animals.
Failure of Animal Protection Laws: Sector-wise Analysis
1. Industries
Animals have been subjected to cruel testing methods. For example, to determine the toxicity of a product, rats and mice are made to consume or inhale large amounts of test substances. PETA reports that major brands like Vaseline and Nivea do not make cruelty-free products[viii]. The Chinese government has made it essential to test its products on animals in case of consumer complaints[ix].
2. Laboratories
Animals in laboratories are kept in artificial environments like rooms with no windows or artificial lights, which causes distress and abnormal behaviour. These experiments are usually defended by arguing that these animals are ideal models for experimentation. More than 115 million animals are used worldwide for experimentation[x]. It is interesting to note that human experimentation across the world is banned, but animal experimentation is not, highlighting that human beings treat non-human animals as something they can use as they please.
3. Fashion
The fashion industry is one of the largest industries that is responsible for animal slaughter for products like fur, feathers, silk, etc. Animals are abused in the name of fashion when there are many alternatives available on the market.[xi]In the fashion industry, animals are killed using methods like electrocution, butchering, suffocation, exposure to gas, and poisoning to obtain their skins and feathers. Even though the “Director-General of Foreign Trade” in India, part of the “Union Ministry of Commerce and Industry,” banned the import of reptile, chinchilla, mink, and fox skins on January 3, 2017, India continues to have a thriving industry producing fur and rare skins. India is the largest exporter of leather in the world[xii].
4.Entertainment
Animals are used for human entertainment. Zoos, circuses, marine parks, and races are a few examples of this. Marine animals, like dolphins and orcas, are imprisoned in their small pools for life. These animals often show psychological disturbances and can be dangerous to human beings. Apart from that, zoos, which are often defended by portraying them as educational places for children, are prone to massive plague outbreaks. Some of which include “Herpes Virus,” “E. coli,” and “Hepatitis B,” which are all transmittable to human beings[xiii].
When we talk about entertainment, it includes not just collective amusement but also individual actions. For instance, in Malappuram, a pregnant elephant was murdered after a local, for his personal amusement, fed her a pineapple filled with firecrackers[xiv]. There was no action taken against him since the laws in place don’t allow for Suo Moto cognizance by the authorities[xv].
5.Wildlife
There are a plethora of laws worldwide that prohibit hunting and killing animals for profit. However, they are of no use due to their inadequate implementation. About 30,000 species go extinct every year, and around 96 African elephants are killed by poachers daily. Additionally, 38 million animals are illegally taken from Brazil. Some animals are captured to be kept as pets, while others are killed to procure precious materials like ivory, skin, fur, etc. Since these products are rare, the black market has grown immensely. Products worth 160 USD have been traded globally each year since the 1990s[xvi]. The present laws lack the ability to address this issue.
6.Sexual assaults against animals
The threat of sexual assaults is not just constrained to human beings, since the horrific act of forceful sexual satisfaction also extends to animals. There have been many instances in which human beings have turned to animals for their sexual satisfaction. In 2018, eight men gang-raped a pregnant goat in Haryana.[xvii] In 2020, a 55-year-old man raped a cow in Madhya Pradesh[xviii]. In October 2020, an 8-year-old stray dog was found dead with sticks inserted in her private parts[xix].
All these heinous acts go unpunished due to a lack of implementation. The only law available is Section 377 of the IPC (unnatural sexual offence), and Section 11 of the Prevention of Cruelty to Animals Act, 1960, does not include “sexual abuse” or “sexual assault” as cruelty. Moreover, there are no provisions for the protection of these animals or legislation regarding the taking care of these animals after such a traumatic instance. This is an important aspect that should be considered in the context of animal welfare laws. These laws must take into consideration a range of sexual assaults, the dignity of that animal, and also its mental health.
7.Cultural Traditions
In the modern era of technology, numerous countries glorify animal cruelty in the name of culture and religion.
a.Gadhimai Festival: practiced in Nepal. Animals like buffaloes, goats, and chickens are sacrificed in the name of Goddess Gadhimai. The government has placed a ban on such massive slaughter; however, people refuse to adhere, and almost 30,000 buffaloes were sacrificed in 2019[xx].
b.Grindadrap: In the Faroe Islands, part of Denmark, there is a tradition where pilot whales and other sea creatures are hunted and killed, causing a significant amount of blood to flow into the water, turning it red[xxi]. Although the IUCN Red List considers this practice sustainable due to the characteristics of the whales, it does not excuse the extensive and brutal killing of these animals.
c.Yulin Dog Meat Festival: This festival takes place in Guangxi Province, China, and lasts for 10 days. During this event, people eat dogs, which they believe brings them luck and good health. Each year, around 10 to 20 million dogs are killed for food, and even though the World Health Organization has warned against this, the practice continues to increase[xxii].
These examples clearly demonstrate that animal protection laws around the world are inadequate. They are frequently disregarded and require substantial changes. The flaws in these laws that lead to their ineffectiveness include:
1. Poor implementation at the grassroots level
2. Unclear and incomplete definitions and concepts
3. Insufficient fines for violations
4. The non-cognizable and bailable nature of animal laws
5. Lack of regulations for cruelty-free practices across all industries
6. Gaps in public awareness
7. Insufficient efforts to raise awareness and sensitivity
Conclusion
The sector-wise analysis highlights how inadequate animal protection laws are in practice. It's not just about creating policies and regulations for animal welfare; the real issue lies in the inadequate implementation of these laws. However, we cannot place all the blame on the government and its legal framework. The citizens and their ignorant behaviour are equally at fault.
For these laws to work effectively, both government officials and individuals must take responsibility and address the issue with seriousness and commitment. Without this combined effort, humanity could face severe consequences that threaten our own existence. The exploitation of animals not only harms them but also disrupts the delicate balance of our ecosystem, ultimately affecting human life.
Therefore, while current animal protection laws have potential, their poor implementation makes them ineffective. A joint effort from both the government and the public is essential to ensuring these laws are enforced and respected. Only then can we protect our ecosystem, preserve biodiversity, and secure a sustainable future for all species, including humans.
References
Articles
Anne Peters, “Global Animal Law: What It Is And Why We Need It” CAMBRIDGE UNIVERSITY PRESS, 2016 Pg. 9-23.
Mary Ann, Paul Locke, “Introduction: Global Laws, Regulations, and Standards for Animals in Research”, ILAR JOURNAL, Vol. 57, No. 3, 2016 Pg 261-265.
Navya Jain, Muskan Jain, “Animal Cruelty and Rights: Review and Recommendations” INTERNATIONAL JOURNAL OF POLICY SCIENCES AND LAW, Vol. 1, 2020.
Newsletters
Animal Cruelty Exposure Fund, “Animals Used For Clothing” Report November 2020.
Bhadra Sharma, “Nepal’s Animal-Sacrifice Festival Slays on” THE NEW YORK TIMES, December 2019.
Damian Carrington, “Humanity Has Wiped Out 60% of Animal Population Since 1970, Report Finds” THE GUARDIAN, October 2018.
Leena Dhankhar, “Pregnant Goat Dies After Being Allegedly Gangraped By 8 Men” HINDUSTAN TIMES, July 2018.
PETA, “Animals Used For Experimentation” Report October 2020.
PETA, “Companies That Do Test On Animals” Report March 2023.
PETA, “What Do You Mean By Animal Rights?” March 2017.
Prashasti Singh, “Pregnant Elephant Dies After Being Fed Pineapple Stuffed With Crackers” HINDUSTAN TIMES, June 03, 2020.
Ravneet Ahluwalia, “Yulin Dog Meat Festival: What Is It, How Did It Start And Will Activists Ever Manage To Get It Banned?” THE INDEPENDENT, June 2020.
Shreya Chauhan, “55-YO Man Arrested For Raping Cow In Bhopal” INDIATIMES, July 2020.
[i]Damian Carrington, “Humanity Has Wiped Out 60% of Animal Population Since 1970, Report Finds” THE GUARDIAN, October 2018.
[ii] PETA, “What Do You Mean By Animal Rights?” March 2017.
[iii] Mary Ann, Paul Locke, “Introduction: Global Laws, Regulations, and Standards for Animals in Research”, ILAR JOURNAL, Vol. 57, No. 3, 2016 Pg 261-265.
[iv] Mary Ann, Paul Locke, “Introduction: Global Laws, Regulations, and Standards for Animals in Research”, ILAR JOURNAL, Vol. 57, No. 3, 2016 Pg 261-265.
[v] Ibid.
[vi] Id.
[vii] Id.
[viii] PETA, “Companies That Do Test On Animals” Report March 2023.
[ix] Ibid.
[x] PETA, “Animals Used For Experimentation” Report October 2020.
[xi] Animal Cruelty Exposure Fund, “Animals Used For Clothing” Report November 2020.
[xii] Ibid
[xiii] Navya Jain, Muskan Jain, “Animal Cruelty and Rights: Review and Recommendations” INTERNATIONAL JOURNAL OF POLICY SCIENCES AND LAW, Vol. 1, 2020.
[xiv] Prashasti Singh, “Pregnant Elephant Dies After Being Fed Pineapple Stuffed With Crackers” HINDUSTAN TIMES, June 03, 2020.
[xv] Ibid.
[xvi] Navya Jain, Muskan Jain, “Animal Cruelty and Rights: Review and Recommendations” INTERNATIONAL JOURNAL OF POLICY SCIENCES AND LAW, Vol. 1, 2020.
[xvii] Leena Dhankhar, “Pregnant Goat Dies After Being Allegedly Gangraped By 8 Men” HINDUSTAN TIMES, July 2018.
[xviii] Shreya Chauhan, “55-YO Man Arrested For Raping Cow In Bhopal” INDIATIMES, July 2020.
[xix] Navya Jain, Muskan Jain, “Animal Cruelty and Rights: Review and Recommendations” INTERNATIONAL JOURNAL OF POLICY SCIENCES AND LAW, Vol. 1, 2020.
[xx] Bhadra Sharma, “Nepal’s Animal-Sacrifice Festival Slays on” THE NEW YORK TIMES, December 2019.
[xxi] Navya Jain, Muskan Jain, “Animal Cruelty and Rights: Review and Recommendations” INTERNATIONAL JOURNAL OF POLICY SCIENCES AND LAW, Vol. 1, 2020.
[xxii] Ravneet Ahluwalia, “Yulin Dog Meat Festival: What Is It, How Did It Start And Will Activists Ever Manage To Get It Banned?” THE INDEPENDENT, June 2020.