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Report No. 269

Chapter -II

Constitutional and Legal Framework governing housekeeping and Transport of poultry in India

A. Constitution:

2.1 Under article 21 of the Constitution no person shall be deprived of his life or personal liberty except according to procedure established by law. The Supreme Court has in Animal Welfare Board of India v. A. Nagaraja & Ors7 (Jallikattu Case), extended the rights guaranteed under article 21 of the Constitution to all living beings.

2.2 The Supreme Court, in the said Jalikattu case, emphasized on each animal's right to live with intrinsic worth, honour and dignity under article 21 of the Constitution. The extended protection of right to life, was to allow all species a set of rights according to international standards. It was observed in the case that "animal has also honour and dignity which cannot be arbitrarily deprived of and its rights and privacy have to be respected and protected from unlawful attacks."

2.3 The State under the Directive Principles of State Policy is mandated to organise agriculture and animal husbandry on modern and scientific lines.8Additionally, the Constitution mandates the State to endeavour to protect and improve the environment and to safeguard the forest and wildlife of the country.9

2.4 It is the Fundamental Duty of each citizen, under article 51A(g) of the Constitution, to "protect and improve the natural environment including forests, lakes, rivers and wildlife and to have compassion for living creatures".



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