Rethinking Animal Laws in the 21st Century: Towards a Paradigm Shift in Legal Protection and Ethical Considerations

Abstract

The 21st century presents a critical juncture in the evolution of human-animal relations, marked by increasing awareness of animal rights and welfare. There is an imperative need for rethinking and reformulating animal laws to address contemporary ethical dilemmas and societal expectations. However, the emergence of animal rights movements and growing scientific evidence of animal sentience challenge this anthropocentric perspective, necessitating a fundamental shift in legal paradigms. In this context, the researchers delve into the multifaceted dimensions of rethinking animal laws. Firstly, it is emphasized that the significance of recognizing animals as sentient beings entitled to inherent rights, including the right to life, liberty, and freedom from cruelty. Such recognition entails revisiting existing legal classifications of animals as mere property and instead acknowledging their moral standing within the legal system. Furthermore, there is a need for legislative reforms that reflect evolving ethical norms and scientific understanding. This entails enacting comprehensive animal protection statutes that incorporate principles of animal dignity, non-discrimination, and proportionate punishment for animal abuse. Additionally, it advocates for the establishment of specialized tribunals or enforcement agencies dedicated to enforcing animal welfare laws and ensuring accountability. In parallel, the researchers explore the role of international law and transnational cooperation in advancing animal rights agendas across borders. Given the global nature of many animal-related issues, effective legal frameworks must transcend national boundaries and promote harmonization of standards to prevent jurisdictional loopholes and regulatory inconsistencies. Lastly, the researchers examine the intersectionality of animal laws with other branches of law, such as environmental law, property law, and human rights law. By fostering interdisciplinary dialogue and collaboration, legal scholars and practitioners can develop integrated approaches that address complex challenges while upholding the principles of justice and equality. In conclusion, rethinking animal laws in the 21st century demands a paradigm shift towards recognizing animals as sentient beings deserving of legal protection and ethical consideration. By embracing a holistic and interdisciplinary approach, legal frameworks can be reformed to reflect evolving societal values and promote the well-being of animals, humans, and the environment alike.

KEYWORDS

Animal Welfare Legislation, Sentience and Legal Personhood, Ethical Animal Treatment, Domesticated Animal Protection, Judicial Interpretation of Animal Rights, International Animal Law Standards.

Abhay Singhal1*, Kanika Khandelwal2

1Legal Executive, NABI – Innovation & Entrepreneurship Federation of CCS National Institute of Agricultural Marketing (IEF of CCS NIAM), Jaipur-302033, Rajasthan, India

2Assistant Professor, Vivekanand Global University, Jaipur-303012, Rajasthan, India