2-YEAR M.A. (ANIMAL PROTETCION LAWS)

 

SEMESTER – I

 

1.1.1. Introduction to Law

This course provides students with a fundamental understanding of how the legal system in India works, how to interpret laws, cases and statutes and the role and structure of the Indian Judiciary. The objective of this course is to build a strong foundation which provides the skills and tools required to effectively utilise the information provided through the remainder of the course.

• Sources of law
• Difference between Substantive and Procedural Law
• Types of Legislation
• Statutory Interpretation (the four rules)
• How to read and interpret cases including distinguishing between ratio and obiter,
• How to carry out legal research and utilize online databases for the same

• Structure of the Indian Judiciary
• Common Law
• Articles 141, 144, Constitution of India

1.1.2. Constitutional Law

This course explores the Indian Constitution including the distribution and separation of powers, the legislative process, the foundation of rights, and the protections offered to both animals and humans under the same. This course will also explore the role the judiciary plays in protecting the interests of the weakest sections of our society (animals, environment and humans), with particular emphasis on the Indian legal anomaly of Public Interest Litigations

• Three branches (Executive, Legislature and Judiciary)
• Distribution of Powers
• Legislative Process in India
• Separation of Powers

• Directive Principles of State Policy and Fundamental Duties.
• Constitutional aspects of animal rights
• Article 21 (Right to Life)
• Article 300A
• Balancing rights under the constitution
• Case Study: A. Nagaraja v AWBI
• Article 25 and Case Study – Animal sacrifice

• Article 32 and Article 226 of the Constitution of India (writs)
• Article 142 of the constitution of India (Power to do complete justice)
• Public Interest Litigation

1.1.3. Laws relating to Prevention of Cruelty to Animals - 1

This course will provide an overview of the different types of animal abuse carried out in general and in relation to specific animal industries. This course will break down anti-cruelty legislation, and rules framed there under, in addition to supporting legislation to provide a complete understanding of where the law stands, the powers of individuals and law enforcement bodies with respect to preventing the worst and most common types of animal abuse. The course will also cover all applicable case law to ensure that this provides a comprehensive overview of the law and these learnings can be effectively applied to bring forth real change.

• Definition, nature, scope and development of law
• Evolution of animal protection laws and the development of the Prevention of Cruelty to Animals Act, 1960
• Animal welfare board of India- establishment, constitution, and functions
• Cruelty- Definition, scope and aspects, study of Section 3 and 11 of the act, exception to cruelty
• CPCSEA- establishment, powers, roles & functions
• Power to make rules under the Act
• Powers of the police and courts
• Penalties
• Animal Welfare Board of India
• State and District SPCAs

• Performing Animal Rules
• Registration of performing animals
• Use of wild animals
• Laws relating to animal fighting

• Humane management of stray dogs (feeding, population control, cruelty)
• Laws relating to Animal Birth Control Rules
• Rights of companion animals (pets) and powers of RWAs and Corporate housing Societies
• Pet Shop and Breeding Rules

• Intensive confinement and crowding, lack of disease control mechanisms, cruel practices, obsolete experimentation, etc…
• The 3 Rs
• Drugs and Cosmetics Act, 1940
• Insecticides Act, 1978
• Indian Pharmacopeia Commission
• BIS Standards