Author: Madhvi Sudan, Research Scholar, Department of Law, University of Jammu
Introduction:
“All living creatures have inherent dignity and a right to live peacefully and a right to protect their well-being.”
– Supreme Court of India
The concrete jungles we call home are not just populated by humans; they are also the unforgiving territories of countless stray animals. This is a world where “paws on pavement” is a daily reality and “souls in peril” is not a metaphor, but a literal description of their existence. Abandoned, forgotten, and left to fend for themselves, these creatures navigate a landscape of indifference, their search for love and compassion a constant, often fruitless, struggle. This article delves into the heart of this silent crisis, exploring the complex reasons behind the burgeoning stray population, the harrowing realities of their day-to-day survival, and the profound impact of human cruelty and neglect. It is a narrative that challenges our empathy, urging us to look beyond the surface and acknowledge the suffering that exists on our very doorsteps. Ultimately, it is a call to action, highlighting the glimmer of hope offered by dedicated individuals and organizations who are working to transform a world of indifference into one of compassion, one rescue at a time.
In a world teeming with human stories, with triumphs and tragedies that fill our newspapers and social media feeds, there is another narrative unfolding on the fringes, one of silent suffering and desperate hope. It is the story of stray animals, creatures who navigate a concrete jungle with paws on pavement and souls in peril. They are the forgotten, the discarded, the victims of a world that often prioritizes convenience over compassion. This article delves into the plight of these animals, exploring the reasons behind their struggle, the heart-wrenching realities they face daily, and the weak light of hope that exists in the form of dedicated individuals and organizations striving to make a difference.
The reasons for the stray animal population are complex and multifaceted. At the heart of the issue is a lack of responsible pet ownership. Many people acquire pets impulsively, without considering the long-term commitment required. When the novelty wears off, or when life circumstances change, these animals are often abandoned, left to fend for themselves on the streets. Economic hardship also plays a significant role. Families facing financial difficulties may feel they have no choice but to give up their pets, unable to afford food, veterinary care, or other essential expenses. Another major contributor is the unchecked breeding of pets, which leads to an overpopulation crisis. Unsterilized animals reproduce rapidly, creating a cycle of unwanted young animals that are born to one mother at the same time and that too are often left to roam the streets, adding to the ever-growing stray population.
For a stray animal, life is a constant battle for survival. Every day is a struggle to find food and clean water, a search that often leads them to rummage through garbage cans or beg for scraps from indifferent passersby. The constant threat of starvation and dehydration is a stark reality. They are also vulnerable to the elements, enduring blistering heat, freezing cold, and torrential rain without the shelter of a home. Many fall victim to traffic accidents, their small bodies no match for the speed of passing cars. Disease and injury which are difficult to control, and without access to veterinary care, a minor cut can quickly become a life-threatening infection. The psychological toll is equally devastating. These animals, once accustomed to the warmth of a loving home, are now filled with fear and anxiety. They are often mistreated by humans, chased away with stones or kicks, their trust shattered and replaced with a deep-seated fear of people.
Despite the bleakness, there is a glimmer of hope in this world of indifference. All across the globe, individuals and organizations are dedicating their lives to the cause of stray animals. These unsung heroes, often working with limited resources, are the beacons of light in the darkness. Animal shelters and rescue groups tirelessly work to provide a safe haven for these animals, offering them food, shelter, and medical care. They run spay and neuter programs to address the root cause of overpopulation, and they work to find loving forever homes for the animals in their care. Countless volunteers spend their days and nights on the streets, feeding and caring for stray colonies, building trust with these cautious creatures, and often taking them in for medical treatment and eventual adoption.
The stories of these rescued animals are a testament to the power of compassion. A mangy, terrified dog, once on the brink of death, is transformed into a loving, loyal companion after being nursed back to health. A shy, skittish cat, who once hid from all human contact, learns to purr and cuddle in the arms of a new family. These transformations are not just about physical healing; they are about mending broken souls, restoring trust, and showing these animals that not all humans are cruel. The joy and unconditional love they bring to their new families are a powerful reminder of the deep bond that can exist between humans and animals, a bond that is often stronger when it is forged from a place of rescue and redemption.
The responsibility for change lies with all of us. It is not enough to simply feel sorry for these animals; we must take action. Responsible pet ownership is the first and most crucial step. This includes spaying or neutering our pets, microchipping them, and providing them with a safe and loving home for their entire lives. We must also support local animal shelters and rescue groups, either by donating money, volunteering our time, or fostering an animal in need. Education is key; we need to teach our children and communities about the importance of animal welfare and the devastating impact of cruelty and neglect.
The plight of stray animals is a mirror reflecting our own humanity. The way we treat the most vulnerable among us, whether they be human or animal, speaks volumes about our character as a society. The struggle of a stray animal on the street is a silent plea for kindness, a desperate search for love in a world of indifference. It is a story that demands to be heard, a story that calls for us to open our hearts and our homes, and to remember that every life, no matter how small, has value. By extending our hands to these creatures, by offering them a second chance, we not only save a life but also enrich our own, proving that a world with paws on pavement does not have to be one where souls are in peril. The struggle is real, but the power to change it is in our hands, one act of kindness at a time.
The Legal Personhood of Animals: Following the A. Nagaraja judgment, several High Courts took a revolutionary step by declaring animals as “legal persons” or “entities.”
- Uttarakhand High Court (2018): A bench led by Justice Rajiv Sharma, in a landmark ruling, declared that the “entire animal kingdom including avian and aquatic” are legal persons with corresponding rights and duties. The court also declared the citizens of Uttarakhand as “loco parentis” (in the place of a parent) for the protection and welfare of all animals.
- Punjab and Haryana High Court (2019): In a similar vein, a single-judge bench, again led by Justice Rajiv Sharma, expanded this concept. The court emphasized that animals have “honour and dignity” and their “rights and privacy… are to be respected and protected from unlawful attacks.” This judgment went further by declaring all citizens of the state as “persons in loco parentis” for the welfare of animals.
- Justice K.S. Radhakrishnan (Supreme Court of India): In a landmark judgment, the Supreme Court, while recognizing that animals have a right to life and dignity, held that: “Every species has a right to life and security, subject to the law of the land which includes depriving its life, out of human necessity. Every animal has a right to be free from pain and suffering.” This observation is a powerful assertion of the inherent rights of animals, which extends to their right to a life free from unnecessary cruelty, a core issue for stray animals.
The Continuing Struggle: While the judicial pronouncements are powerful, the on-ground reality for stray animals remains grim. The legal recognition of animal rights is a significant step, but the challenge lies in effective implementation. The penalties under the PCA Act are outdated and need to be increased to act as a real deterrent. There is also a need for greater public awareness and community participation to address issues like abandonment and cruelty. The judiciary has provided the legal and moral framework, but the responsibility to translate this compassion into action now rests with the government, law enforcement, and every citizen. The struggle for stray animals is a reflection of a society’s true character, and the judiciary’s pronouncements are a clear call to action to build a more humane and compassionate world for all.