- ABSTRACT
This article analyzes the intricate conflict between religious freedom and animal welfare legislation in India. With the backing of a pluralistic society wherein religious practices entail the use or sacrifice of animals, the conflict arises when such practices are questioned under the changing standards of constitutional morality. While the Constitution assures the right to practice religion freely, such a right is not absolute and has to coexist with legislation such as the Prevention of Cruelty to Animals Act and the Bharatiya Nyaya Sanhita, 2023. The judiciary, by the Doctrine of Essential Practices, has sought to differentiate constitutionally protected usages from socially deeply entrenched but inimical traditions. Landmark judgments reflect the changing perception of animal rights under Article 21 and the growing importance of constitutional morality in determining a compassionate society. In this research, it is argued that religion and fundamental rights have to be balanced, necessitating legal, ethical, and societal cooperation to assure the dignity of all living beings.
Keywords: Animal Welfare, Religious Practice, Constitutional Morality, Right To Life, Cruelty, Culture, Traditions
- INTRODUCTION
India is a country that has religious practices and traditions deeply embedded in its social fabric. It forms the basis of the identity India possesses, where there is a variety of religions that co-exist with their respective beliefs. Religion is considered not merely a belief system but a way of life that is intertwined with cultural identity, community values, and one’s conscience. Religious practices and beliefs in the country are largely associated with animals in one way or another. But more often, a dispute follows when these practices involve sacrifice or harm to the animals as a part of rituals or customary observances. Even though the Indian Constitution guarantees the right to freely profess, practice, and propagate religion under Article 25[1], this right is not absolute. It is subject to various restrictions, along with the protection of animals from cruelty.
To fight cruelty against animals in such cases, the Parliament enacted the Prevention of Cruelty to Animals Act 1960 and several judicial rulings have been pronounced that emphasise that animals have the mere right to live, which is rooted in idea that as decent members of society, it is essential to treat every living being with dignity.
Hence, this conflict between faith and fundamental rights poses a complex challenge as it revolves around the question of whether religious customs can be shielded from legal scrutiny merely because they are traditional. And can religious freedom have more weight than animals’ right to a cruelty-free life? With the growing need for an emphasis on a rights-based society, the judiciary is increasingly tasked with interpreting the boundaries of religious freedom while upholding constitutional morality. This article aims to critically analyse the legal and ethical tensions that arise at the intersection of animal cruelty and religious practices. It explores the ethical conflict, legislations, key judicial rulings, and the changes that legal scrutiny has brought about in this area.
[1] Indian Const, art 25.