·The Hindu·15 marks·250–350 wordsPolityEnvironment

Discuss the ethical basis for extending equal moral consideration to all animal species. Critically examine recent Supreme Court rulings on elephants and street dogs in this light.

In this answer
  1. Ethical foundations
  2. Where the principle was honoured — the elephant ruling
  3. Where it thinned — the street-dog orders

Equal moral consideration means giving like weight to comparable interests — above all the interest in avoiding suffering — irrespective of species. The Prevention of Cruelty to Animals (PCA) Act, 1960 embraces this by defining "animal" as any living creature other than a human being [1]. Recent Supreme Court orders, however, apply the principle unevenly.

Ethical foundations

  • Sentience, not species: capacity to suffer, not intelligence or utility, grounds moral standing — the utilitarian "equal consideration of interests" argument.
  • Constitutional duty: Article 51A(g) obliges every citizen to have compassion for living creatures [2], a species-neutral mandate.
  • Statutory duty: the PCA Act criminalises infliction of unnecessary pain or suffering without ranking species [1].
  • Consideration ≠ identical treatment; interests differ, but discounting an interest merely for species or ownership status is arbitrary.

Where the principle was honoured — the elephant ruling

  • In Jayakrishna Menon vs Krishnankutty (2026), the Court held the caretaker in contempt for using Kerala's tallest elephant, Raman, in temple events despite an undertaking, and directed the State to take custody and rehabilitate him [3].
  • Merit: welfare treated as paramount, overriding cultural-religious and property claims.

Where it thinned — the street-dog orders

  • The August 2025 Delhi-NCR direction to impound roughly a million strays was modified within days to permit release of sterilised and immunised community dogs, aligning relief with the Animal Birth Control Rules, 2023 [4][5].
  • Critique: an identifiable, "owned" elephant drew individualised protection; ownerless dogs were addressed as a population problem, risking charisma- and property-based bias.
  • Defence: dog bites and rabies involve genuine competing human interests, especially of children, and mass adjudication cannot be individualised.

The divergence reflects less hypocrisy than the absence of a common welfare standard. Consistency lies in funding municipal CNVR capacity, strengthening the Animal Welfare Board's oversight, and anchoring all such orders in the shared compassion mandate of Article 51A(g) — humane means serving both public safety and constitutional values.

Sources

  1. 1The Prevention of Cruelty to Animals Act, 1960 (No. 59 of 1960)definition of "animal"; bar on unnecessary pain or suffering
  2. 2The Constitution of India, Article 51A(g)fundamental duty of compassion for living creatures
  3. 3Supreme Court of India — *Jayakrishna Menon vs Krishnankutty & Ors*, 2026 INSC 631contempt finding and direction to Kerala to take custody of the elephant Raman
  4. 4Supreme Court of India, order dated 22 August 2025, 2025 INSC 1018 (stray dogs, Delhi-NCR)modification permitting release of sterilised and immunised dogs
  5. 5PIB — Animal Birth Control Rules, 2023 notified by Central Governmentsterilisation and anti-rabies vaccination by local bodies as the mandated method
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