Case Analysis of Karnail Singh vs. State Of Haryana

Saumya Giri
Dr. Ram Manohar Lohiya National Law University, India

Volume II – Issue II, 2020

The Indian Constitution through Fundamental Duty, which was added by an amendment in 1976, prescribes to have “compassion for living creatures”. In order to use this particular notion in actual legal practice, various judgments, provides a glimpse of the current debates in India and across globe that address the relationships between humans and animals together with animals status in present legal regime. In The judgment in hand explicitly mentions ‘compassion’ towards animal kingdom covering diverse issues, concerning stray dogs, trespassing cattle, birds in cages, bull races, cart-horses, animal sacrifice, etc. This even collates a discourse on compassion as an emotional and moral attitude, and also about legal rights, essentially the right not to suffer unnecessary pain by virtue of human conduct. In the present judgment, various prominent religious figures such as the Mahavira, Buddha etc., are given special mention, perhaps not so much in reference to their religion, but rather as historical icons on the same footing as Mahatma Gandhi of an idealized intrinsic Indian compassion that is devoted towards other living creature. Along with this various jurist has also been referred to in order to deduce the conclusion that how come an animal kingdom be covered under the ambit of juristic person.


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