Animal Rights: A Global Responsibility.
The basic instinct of life is survival, but it has completely been forgotten that, the rule of
nature is “survival of the fittest”, not “exploitation of the vulnerable”. Since the beginning,
the primary inclination of man has been towards “survival”, which in the course of time had
been replaced by “entertainment” and has now finally resulted in “cruelty”. The focal point
here is that of animal rights. The issue in hand has been dragged to a point where it has
finally led to a state of natural emergency, which needs to be curbed by implementing harsh
and immediate measures, before it leads to further irreversible destruction. “Global animal
protection”, is the need of the hour, wherein, stringent measures have to be taken globally,
along with the backing of powerful international organizations devoting themselves to the
field of “animal protection”. Such an expedient course of action is pertinent in order to fill the
lacunas existing in international law with regard to animal protection.
There exists an inverse relationship between rapid industrialisation continuing since early
1900s and the extinction of animal species. This poses a serious question as to why amidst all
the developmental activities of the human animal, the non-human animal continues to be the
constant sufferer? A grave and menacing consequence of this is, the burning down of
Amazon rainforest, because of which, species inhabiting the Amazon rainforest, not only lost
their habitat, but also their precious lives. This poses another compelling question as to why,
even after such a grave and irreparable loss, immediate and effective steps have not been
taken in this regard.
The main context of animal rights is based on the fact that,” Human beings create temporary
and arbitrary boundaries to exclude beings who aren’t like them. Human beings have justified
wars, slavery, sexual violence, and military conquests through the mistaken belief that those
who are “different” do not experience suffering and are not worthy of moral consideration.”
(1) The basis of rights originated because “something of intrinsic value was taken away”,
here, sadly, what has been taken away is the dignity of the “non-human animals” who were
never at fault. Thus, it is now, our global responsibility to reverse the damage that has been
caused by our own human centric approach and promote and create awareness with respect to
the concept of “animal protection”. Hence, there is an immediate need to establish a
“uniform global standard” that the countries worldwide, shall strive to achieve in order for
them to attain the universal goal of animal protection. A suggestive measure with regard to
the adoption of the concept of “animal protection”, is that, the five permanent members of the
UN, having greater impact worldwide, should set an example by committing themselves to
achieve this “uniform global standard”. The major obstacle here is the complete absence of
an instrument of a binding nature like a treaty(2), which is undoubtedly the main source of
international law.(3)Therefore, a global instrument, such as a framework convention on
animal protection, can constitute an important step to the recognition of the importance of
granting global protection to animals.(4) The aforesaid measures shall create sufficient
“international pressure” to direct the nations throughout the globe, to implement the
provisions mentioned in the binding treaty with regard to animal protection. Another aspect
as to why a binding treaty is necessary is that, the leaders of a country may change their
minds at will, but most find it in their best interests to restrict their freedom of action by
becoming members of a treaty under which other countries also agree to restrict their
freedom.(5) When we refer to universal law, we mean the law of the United Nations
Organization(6) Even if this mandate is limited to human beings, nothing prevents it from
being extended to human–animal relationships.(7) Therefore, International Court of Justice,
being an important international judicial organ has remarkably showed concern in the “Japan
Whaling Case” by supporting the protection of the whales in the Antarctic Ocean,
condemning and putting an end to some so-called scientific but, in reality, commercial
whaling led by Japan.(8). Also, in the “EC Seals Case”, “animal welfare” was highlighted by
the World Trade Organization, wherein, it was beheld that “The dispute is one of the most
polarising and complex in the WTO’s recent history, and marks the first time that the
Appellate Body has accepted “animal welfare” as moral grounds for justifying a country’s
violation of the global trade body’s “most favoured nation” principle”(9).
The fact that there have been proposals like the “Earth Charter” and “World Charter” in the
UN cannot be overlooked. A vital point to be noted is that, nature has never distinguished
between the “Human Animal” and the “Non-Human Animal” and has treated both equally
throughout. The abovementioned Charters reflect the same approach. It is mentioned in the
World Charter that, “every form of life is unique, warranting respect regardless of its worth to
man, and, to accord other organisms such recognition, man must be guided by a moral code
of action.”(10) The first principle of the Earth Charter initiative from 2000 provides that, “all
beings are interdependent and every form of life has value regardless of its worth to human
beings”.(11)
In spite of all the efforts made by the International Organizations, there still exists a gap
between international law and animal protection. This gap can be filled by an umbrella treaty
such as the “International Convention for the Protection of Animals.” At present, there is no
international animal welfare standard by which the legislative efforts within one country can
be judged. Also, at the moment, every battle has to be fought over and over again in each
country as those trying to help animals seek to justify new laws and restrictions. With the
ICPA, there will be an accepted standard, which is immediately accessible to all the nation
states, organizations, and individuals of the world. The adoption of the ICPA will give more
credibility and weight to all of the local efforts on behalf of animals. (12)
Martin Luther King rightly said that, “Injustice anywhere is a threat to justice everywhere.”
Henceforth, equality before being granted, is a reverence bestowed upon all living beings by
nature. No creature on earth, has more or less right of existing with dignity. It has been well
established above, that there are various proposed international mechanisms to put an end to
this horrifying trajectory of animal abuse. Now, a serious question arises, as to where are we
lacking in implementing these mechanisms to finally put an end to this contemporary issue of
animal abuse.