Legal system treats animals like objects, not living beings: Jammu & Kashmir High Court

The Jammu and Kashmir and Ladakh High Court has urged for stronger animal protection laws, emphasizing that animals feel pain, stress, and fear just like humans. The court observed that despite this, the legal system still treats animals as objects or property, resulting in weak protective measures. Justice Sanjeev Kumar and Justice Mohd Yousuf Wani quashed a preventive detention order, arguing that the rules to protect animals are extremely weak due to their treatment as mere property.

The court noted that India's animal protection laws have evolved over time, influenced by principles of "ahimsa" (non-violence) and "dharma" (duty), but the Penalties prescribed under the Prevention of Cruelty to Animals Act, 1960 remain too low, providing little deterrence. The court emphasized that the law should recognize animal suffering more effectively and impose stricter penalties, rather than the current "tiny fines."

The bench also noted that bovine smuggling is not only a criminal offense but also an act that offends the religious sentiments of many Indians, potentially disturbing public tranquility. Therefore, law enforcement agencies are expected to handle such offenders severely, in line with the law. The court quashed the detention order, observing that the detaining authority had acted mechanically on the police dossier without independent judgment, and that the error in the detention order demonstrated this.