Lawstreet Journal

New Dawn of Animal Jurisprudence: Karnail Singh and Ors. v. State of Haryana

Lawstreet Journal 19 May 2020 3:45pm

Image courtesy: Lawstreet Journal Judiciary New Dawn of Animal Jurisprudence: Karnail Singh and Ors. v. State of Haryana

"The greatness of a nation and its moral progress can be judged by the way its animals are treated". – Mahatma Gandhi


The Punjab and Haryana High Court in Karnail Singh and Ors v. State of Haryana [i] while delivering 104-page long judgement on May 31, 2019, recognized all animals in the animal kingdom, including avian and aquatic species as legal entities. This judgement is addition to the recent trend where courts have started to tilt the balance from an anthropocentric perspective to a eco-centric viewpoint when it comes to animals and environmental matters. 

In this case, Appellants were convicted by trial court under S. 4[B] [ii] read with S. 8[iii] of the Punjab Prohibition of Cow Slaughter Act, 1955, which is applicable to the State of Haryana, as they didn't have any export permit while they were carrying 29 cows in two trucks from Haryana to Uttar Pradesh. They appealed to the Additional Sessions Judge, who, while upholding the conviction imposed upon by Judicial Magistrate 1st class, reduced the sentence from 2 years to 6 months. Aggrieved by the judgement, they knocked the doors of the Punjab and Haryana High Court (hereinafter the Court), which upheld the conviction but sentenced to imprisonment to the period already undergone, to relive the appellants from trauma and agony they were suffering since the institution of criminal proceedings 15 years ago. The judgement could have ended them, but the Court chose to take the judicial note of the way these 29 cows were packed in a cruel and… Continue Reading...

Tagged: Animal Welfare Board of India   Prevention of cruelty to animals  
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