Category: Environmental Ethics

ISSUE:

Whether the rivers have the same status as that of an individual?

Whether rivers can have the same legal rights as living people?

RULE:

A juristic person, like any other natural person, is conferred with rights and obligations and dealt with according to law; similarly, rivers are considered living beings for the well-being of society at large.

The doctrine of parens patriae translates to “parent of the nation.” It refers to the power of the state to intervene against an abusive or negligent parent, legal guardian, or informal caretaker and to act as the parent of the child, individual, or animal who needs the protection.

"Loco Parentis"; this Latin phrase means “instead of a parent.” it means the legal responsibility of some person or organization to perform some of the functions or responsibilities of a parent.

ISSUE:

Whether bullock-cart races and Jallikattu taking place in the states of Tamil Nadu and Maharashtra are violative of the provisions of the Prevention of Cruelty to Animals Act, 1960 (hereinafter PCA Act)?

Whether the Animal welfare board has the authority to exclude and include any animal in the list?

Did the practice of Jallikattu and Bollock-cart races violate the international principles on violation of rights of animals?

RULE:

Section 3 has two limbs, namely:
a. Duty cast on persons-in-charge or care to take all reasonable measures to ensure the well-being of the animal
b. Duty to take reasonable measures to prevent the infliction upon such animal of unnecessary pain and suffering.

To interpret the phrase “unnecessary suffering”, one must look at whether the suffering could have been reasonable avoided or reduced, whether the conduct causing suffering was in compliance with the Act and whether the conduct causing suffering was for a legitimate purpose.