Why in the News?

• Expanding the Scope of Justice: The discussion is motivated by the philosophical argument that vulnerable beings profoundly affected by human decisions (e.g., land use, food systems, environment) deserve formal, independent, and accountable representation.
• The “Structural Flaw”: It addresses the structural flaw in democratic institutions that currently render animals invisible or merely as objects/property, lacking institutional mechanisms to express or protect their moral interests.
• Shift to Fiduciary Stewardship: The key proposal is a shift from granting anthropocentric rights (like voting) to establishing fiduciary stewardship—appointing human trustees to protect animal interests within legislative and administrative processes, much like institutions for children or future generations.

Constitutional and Legal Status of Animals in India

The Indian legal framework for animal protection is already one of the most progressive globally, largely due to judicial activism. This forms the essential background for any new institutional reform.

Pointers:

• Directive Principles of State Policy (DPSP):
  • Article 48: Directs the State to organize agriculture and animal husbandry on modern and scientific lines and to take steps for prohibiting the slaughter of cows and calves and other milch and draught cattle.
  • Article 48A: Mandates the State to protect and improve the environment and to safeguard the forests and wildlife of the country.
• Fundamental Duties:
  • Article 51A(g): Enjoins every citizen to protect and improve the natural environment including forests, lakes, rivers, and wildlife, and to have compassion for living creatures.
• Judicial Expansion of Rights (Article 21):
  • Case of Animal Welfare Board of India v. A. Nagaraja & Ors. (2014) (The Jallikattu Case): The Supreme Court gave an expansive reading to the ‘Right to Life’ under Article 21, holding that it also protects animal life and includes the right of animals to live with intrinsic worth, honour, and dignity.
  • The court declared Article 51A(g) as the “Magna Carta of animal rights”.
• Statutory Body: The Animal Welfare Board of India (AWBI) is a statutory advisory body established under the Prevention of Cruelty to Animals (PCA) Act, 1960.

The Case for Institutionalizing Animal Representation

The proposal is based on principles of justice, democratic theory, and ethical reasoning.

1. Ethical Arguments

• Principle of Sentience: Animals are sentient beings capable of feeling pain, suffering, and pleasure. Their ability to suffer imposes a direct moral obligation on humans to protect their interests (Utilitarian and Rights-Based Ethics).
• Justice as Fairness to the Vulnerable: True democratic justice must extend beyond those who can speak, vote, or hold property. Excluding vulnerable, dependent beings from the political calculus is a form of speciesism (analogous to discrimination based on race or gender).
• Stewardship/Trustee Ethic: Humans have a fiduciary duty as the dominant species to act as responsible trustees of the planet and its inhabitants, requiring accountability and prudence in decisions affecting non-humans.

2. Governance Arguments

• Addressing Systemic Invisibility: Welfare measures are often reactive, addressing harm after it occurs. Formal representation ensures animal interests are considered proactively during the formulation of policies (e.g., urban planning, agricultural subsidies, industrial clearance).
• Curbing Political and Industry Capture: Existing welfare bodies often lack independence, authority, or constitutional protection, making them susceptible to political pressure or industry lobbying. Dedicated, autonomous bodies can mitigate this.
• Deepening Democracy: Recognising animals as political subjects (even if non-participatory) reframes human action, thereby deepening the democratic commitment to justice and accountability towards all who are governed by human laws.

Proposed Institutional Mechanisms

The article suggests specific reforms across the three branches of government to formalize animal representation:

Branch of Government	Proposed Mechanism/Function	Objective
Legislative	Dedicated Committees/Expert Delegates in Parliament/State Legislatures.	Examine bills affecting animals; propose amendments; require Animal Impact Assessments (AIAs) for major legislation.
Executive/Administrative	Independent Advisory Councils or Fiduciary Boards with constitutional backing and operational autonomy.	Review existing regulations for welfare impacts; set standardized scientific metrics; oversee welfare science research.
Judiciary	Continuation of Locus Standi Expansion.	Allow animal welfare organizations (AWOs) or appointed trustees to sue on behalf of animals, reinforcing the judicial role as the ultimate guardian of animal rights (as seen in the Jallikattu case).

Challenges in Institutionalizing Animal Representation

Despite the moral imperative, the institutionalization of non-human interests faces significant practical and conceptual hurdles in a political democracy.

• Conceptual Difficulty: How can a human representative truly and truthfully represent the non-verbal interests and complex needs of a non-human? The risk of anthropomorphism (interpreting animal interests through a human lens) is high.
• Democratic Legitimacy: In a polity based on adult franchise, giving appointed, non-majoritarian bodies the power to veto or influence democratically elected legislatures raises questions of political legitimacy and accountability to the human electorate.
• Economic Costs and Livelihoods: Implementing stricter welfare standards (e.g., in animal husbandry) requires vast economic resources and directly affects the livelihoods of farmers, tribal communities, and industries, leading to socio-economic resistance.
• Defining ‘Animal’: Should representation be limited to sentient animals, or extended to ecosystems and non-sentient life? The political and legal definition of the ‘represented party’ is complex.
• Risk of Elite Capture: The proposed fiduciary bodies could be captured by privileged elites or extremist groups, potentially leading to decisions that are not scientifically sound or reflective of true animal needs.

Conclusion: From Welfare to Political Stewardship

The debate on institutionalizing animal representation marks a necessary transition in human ethics and governance. While the concept of a non-majoritarian institution for the voiceless is not new (India already has bodies for children, minorities, and the environment), its application to animals requires a careful balancing act. India, with its constitutional mandate for compassion towards living creatures (Article 51A(g)) and proactive judiciary, is uniquely positioned to lead this global evolution. The path forward must be one of gradual reform, focusing on accountability, scientific expertise (ethology), and transparent consultation with all stakeholders, to ensure that democracy truly becomes “complete” by accounting for the silent and the vulnerable.

Source: Institutionalising animal representation – The Hindu

UPSC CSE PYQ

Year	Question
2013	Explain the reasons for the growth of public interest litigation in India. As a result of it, has the Indian Supreme Court emerged as the world’s most powerful judiciary?
2015	The basis of providing urban amenities in rural areas (PURA) is rooted in establishing connectivity. Comment.
2018	Appropriate local community level healthcare intervention is a prerequisite to achieve ‘Health for All’ in India. Discuss.
2018	What are environmental pressure groups? Discuss their role in raising awareness, influencing policies and advocating for environmental protection in India.
2018	Policy contradictions among various competing sectors and stakeholders have resulted in inadequate ‘protection and prevention of degradation to the environment.’ Comment with relevant illustrations.
2022	“The most significant achievement of modern law in India is the constitutionalization of environmental problems by the Supreme Court.” Discuss this statement with the help of relevant case laws.
2022	Starting from inventing the ‘basic structure’ doctrine, the judiciary has played a highly proactive role in ensuring that India develops into a thriving democracy. In light of the statement, evaluate the role played by judicial activism in achieving the ideals of democracy.
2022	What are the ethical considerations that a civil servant must keep in mind while implementing schemes for poverty alleviation? (10 marks) Relevance: Ethical stewardship towards vulnerable populations; extends to fiduciary duties for animals, balancing economic costs/livelihoods with moral obligations under Article 51A(g).
2024	Global warming and climate change are the outcomes of human greed in the name of development, indicating the direction in which extinction of organisms including human beings is heading towards loss of life on Earth. How do you put an end to this to protect life and bring equilibrium between the society and the environment?
2024	“The concept of Just and Unjust is contextual. What was just a year back, may turn out to be unjust in today’s context. Changing context should be constantly under scrutiny to prevent miscarriage of justice.” Examine the above statement with suitable examples.