AHIMSA, COMPASSION
INDIAN CONSTITUTION AND SUPREME COURT CONFIRM THE CONCEPT OF COMPASSION IN ARTICLE 51A (g) READ WITH ARTICLE 21
Indian
Parliament in the year 1976 incorporated article 51A (g) in the
constitution with a view to direct our citizens to perform a fundamental
duty of not only protecting and improving the natural environment but also to have compassion for living creatures and also article 51A (i) to abjure violence.
Honourable
justice Ravi S Dhavan and V. P. Goel expressed in writ petition no.
38469 Dated:-1/8/1997 that constitution does not permit any citizen to
claim that it is his/her fundamental right to take life and kill
animals. Otherwise it will be a negation of tenet of Indian
constitution. Treating animals as commodities and not as living
creatures with compassionate approach is gross violation of article
51A(g) by slaughter houses. Following the aforesaid constitution
provision, it becomes the fundamental duty of state to come forward and
start the process of closing slaughter houses which carryon the cruel
business of animal slaughtering.
Such an
observation of excellence by Supreme Court should not be ignored by a
rational administration. As otherwise the Nation would be misguided
towards unhealthy and miserable life of people at large. Article '14
also speaks that the right of animals like human rights should enjoy the
protection of law. In furtherance of above it is worthwhile and
significant to observe the attitude of nation towards animals. In one of
the cases by the Kerala
High Court (Times of India, dated 7/6/2000) observed, "animals have
inherent rights of dignified existence akin to the fundamental rights
of citizens". In a landmark judgement Allahabad
High Court significantly observed that Article 21 will prevail
towards Right to business as mentioned in Article 19(1)(g), slaughter
houses cannot be allowed to run anywhere and everywhere. {Manzoor
Ahmed's case).
Supreme court has rightly kept
national interest in view when it said that, welfare of animals is of
paramount consideration (AIR 2001 SC 2377). Keeping in view the above
observations, it would be appropriate for us to express our written
and vehement protest "against the Himsak proposal of setting up'
abattoirs and establishing Indian Meat Board in order to promote the
massive killing of animals by way of erecting huge plants of
slaughtering innocent animals.
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