legal rights – Eduindex News

In general, the word ‘prostitution’ refers to the situation of women which means in Latin terms ‘expose publicly’. It means for hire, sexual activity by either giving or receiving one’s body. It is common lewdness of women in exchange of some value or gain. It can be considered as a business that exploits an individual’s vulnerability, particularly the women and children and also violates the human rights completely and making them object to transaction of money by use of force and power for the purpose of sex, bondage or labour. In India, prostitution is regarded as one of the oldest profession. In Indian society, prostitution is a problem of serious concern and its solution is seemingly difficult. It is a gender specified phenomenon where mainly the victims are girls and women and the men being the perpetrators. The dispensing chance of prostitution is nil if observed practically, thus it is a still a bitter reality today. The form of existence has altered but the outlook and sight has remain unchanged. One can describe the picture of prostitutes as any sex worker or prostitute found either in remote or public place staring at the public with a smile of welcoming gesture as well as approach.

Globally, consistent stand have been taken criticizing the gross violation of human resources and has encouraged the government to take strict measures against it. It was observed that providing a mandate of legal importance would prompt a safe and better society and environment for women. A platform should be provided to access justice in case of gross violation. The prostitutes or the sex workers should be made aware of their rights, financial aids, interests, health and freedom to deny or choose to take medical check ups on regular basis and other important benefits.

As under the act, prostitution is neither punishable nor illegal. In the context of India, though the Court has marked prostitution to be unethical yet explicitly, it is not illegal. Certain acts such as managing, pimping and owning of bordello, luring or engaging an individual into prostitution, dependence on prostitution as a source of income, trafficking of children and women for the prostitution purpose, etc. are considered illegal under the Immoral Traffic (prevention) Act, 1956 (ITPA). In India, a large number of bordellos are run illegally in some of the major cities like Delhi, Mumbai and Kolkata.

“Every country has made the laws to regulate prostitution so it might remain within its legal limits and without unduly violating upon the institutions of the marriage and family.”
– Law Commission Report of India

The societies in which prostitution is regarded legal have inferred that regulation of the profession is best as it is impossible to be ceased. India should also acquire understanding from such societies and thus take preventive actions. Today, there are millions of prostitutes in India and a quarter of them are believed to be minors, making Child prostitution and increased HIV virus incidences as among the most gruesome issues in India.

Prostitution should be made legal considering the following facts:

Medical checkups on regular basis will reduce the spread of STDs- Provision of adequate tools of birth control and conduction of regular medical checkups will result in the reduction of risk of sexual transmitted diseases which would possibly be transmitted from workers to customers and vice-versa. Thus, creating a safe and healthy society.
Protection of minors- Today a great number of minors are involved in prostitution. Therefore, by legalizing, the minors can be removed from this profession and their rights can be preserved safely.
Removal of middlemen and pimps- The legalization would reduce the criminal conduct and the sex worker’s wages would be increased as there would be no requirement of the middlemen and pimps. this would eventually lead to an upgradation in the industry system.
The count of sexual assaults and rapes would be reduced- Considering it as an easy alternative, the people would satisfy their sexual urge by directly resorting to the prostitutes instead of committing any heinous offence.
Protection of the rights of sex workers- Any sex worker could file complain and can prevail justice if denied agreed payment or ben a victim to any sexual assault.
Right to use body according to free will- Nobody prevails the right to put pressure on any individual to adhere a person’s standard in terms to morality.

Thus, it can be concluded that sex trade is here to stay and it can be ceased by any means, thus by recognizing it as a legitimate form of work would provide guaranteed benefits to the parties involved. The legalization of prostitution would preserve the rights of the sex works along with the job protection and also provide them a chance to live a normal life which they deserve.

INTRODUCTION

Legal concepts of animal cruelty reflect the morality of our society regarding the rights of animals. These concepts especially expose dominant behaviour towards animal exploitation. Omissions in the law which permit abusive animal treatment without legal penalty or threat to prosecution indicate the unquestioning support of such abuse by society. However though our society has acknowledged the need for laws on animal protection, animal welfare is usually not the main focus of these laws. Too often the underlying reason for such legislation is a public interest in shielding property or in avoiding malicious and suspicious activities.

The terminology of anti-cruelty statutes, the implementation of such laws in court, and particular regulatory provisions resulting in the absence of legal prerequisites for practices such as animal laboratory experiments all lead to an obvious conclusion: animals may cherish some levels of immunity, but they do not have rights under the constitution. Unless the legislation acknowledges more than the human interests in avoiding animal cruelty, animals would have no right to be safe from human inhibited pain and suffering.

HISTORY

The very first scriptures of Hinduism, The Vedas (originating in the second millennium BCE), teach all living beings ahimsa or nonviolence. Killing an animal in Hinduism is considered a breach of the ahimsa and cause for bad karma, his prompted many Hindus to adopt vegetarianism. However, Hindu principles do not require vegetarianism and allow the sacrificing of animals in sacred rituals and ceremonies.

India’s first National Animal Welfare Act, the Prevention of Cruelty to Animal Act or the PCA Act (1960), forbids animal cruelty, with exceptions to animal treatment for medicinal or experimental purposes. Consequent legislation has imposed controls and limitations on the use of domestic animals, livestock transport, animal slaughter, animal experimentation and employment of performing animals. General requirements for breeding and usage of animals for research have been set by The Breeding of and Experiments on Animals (Control and Supervision) Rules, 1998. According to the amendment of 2006, animals “lowest on the phylogenetic scale” must be used for experiments. 95% statistical assurance in using the minimum number of animal species and justification should be given for not using non-animal substitutes. Use of living animals in medical education experiments is banned by amendment of 2013. In 2014, ban was imposed on all cosmetic testing done on animals and the import of animal-tested cosmetics products, with this India became the 1^st country in Asia to bring out such change.

HOW THE LEGAL RIGHTS OF ANIMALS AGAINST CRUELTY ARE PROPOUNDED?

Animal cruelty is wilful harming, abusing and neglecting of an animal. It is subjecting any animal to cruel mistreatment. Some forms of animal cruelty consist of deliberately placing animals in conditions that harm them, frighten them, and terrorize them.

A precedent was released in 2014 by the Supreme Court of India. It extended the shield of Article 21 of the constitution of India, which safeguards human life and liberty, to all animals. The court said, “Having an inalienable right to live in a safe and clean environment, not to be battered, kicked, bitten, tortured, pried by humans with alcohol or forced to stand in small enclosures amid bellows and crowd groans.”[1]

SOME LEGAL RIGHTS

Article 51A (g) of Constitution of India: It is the fundamental duty of every citizen of India to have compassion for all living creatures.
IPC Sections 428 and 429: To kill or maim any animal, including stray animals, is a punishable offence.

3. Section 11(1) (i) and Section 11(1) (j), PCA Act, 1960: Abandoning any animal for any reason can land you in prison for up to three months.

4. Rule 3, of PCA Act (slaughterhouse rules) 2001 and Ch.4 Food Safety and Standards Regulations, 2011: No animal (including chickens) can be slaughtered in any place other than a slaughterhouse. Sick or pregnant animals shall not be slaughtered.

5. ABC Rules, 2001: Stray dogs that have been operated for birth control cannot be captured or relocated by anybody including any authority.

6. Section 11(1) (h), PCA Act, 1960: Neglecting an animal by denying her sufficient food, water, shelter and exercise or by keeping him chained/confined for long hours is punishable by a fine or imprisonment of up to 3 months or both.

7. Wildlife (Protection) Act, 1972: Monkeys are protected and cannot be displayed or owned.

8. Section 22(ii), PCA Act, 1960: Bears, monkeys, tigers, panthers, lions and bulls are prohibited from being trained and used for entertainment purposes, either in circuses or streets.

9. Rule 3, Slaughterhouse Rules, 2001: Animal sacrifice is illegal in every part of the country.

10. Section 11(1) (m) (ii) and Section 11(1) (n), PCA Act, 1960: Organizing of or participating in or inciting any animal fight is a cognizable offence.

11. Rules 148-C and 135-B of Drugs & Cosmetics Rules, 1945: Cosmetics tested on animals and the import of cosmetics tested on animals is banned.

12. Section 38(J), Wildlife (Protection) Act, 1972:Teasing, feeding or disturbing the animals in a zoo and littering the zoo premises is an offence punishable by a fine of Rs. 25000 or imprisonment of up to three years or both.

13. Section 9, Wildlife (Protection) Act, 1972: Capturing, trapping, poisoning or baiting of any wild animal or even attempting to do and disturbing or destroying eggs or nests of birds and reptiles or chopping a tree having nests of such birds and reptiles or even attempting to do so constitutes to hunting so is punishable by law, with a fine of up to Rs. 25000 or imprisonment of up to seven years or both.

14. Section 11(1) (d) Prevention of Cruelty to Animals, (Transport of Animal) Rules, 2001 and Motor Vehicles Act 1978: Displaying or carrying animals, either in or on a vehicle, in any manner or position that causes discomfort, pain or distress, is a punishable offense under the two Central Government Acts.

CONCLUSION

The claim that animals are not supposed to be mistreated rely upon the same moral values, which offer human beings several fundamental rights. There are not simply a utilitarian criterion for respecting those rights. For example, we don’t accept slavery, even though slaves as oppressed persons are not able to confront people holding rights. It would be safer, at least economically, to hold slaves in the field according to a utilitarian viewpoint. This gross inequality is reprehensible, and the law acknowledges it. Animals, however, are not humans. There are also absurd associations between the exploited people and animals. Today, the notion that animals should have civil rights seems progressive and radical. Therefore, law in all fields importantly take an active part in encouraging animal rights.

REFERENCES

https://www.strawindia.org/laws-that-protect-animals-in-india.aspx

https://en.wikipedia.org/wiki/Animal_welfare_and_rights_in_India

[1] https://www.macleans.ca/society/why-animals-should-be-given-the-same-legal-rights-as-humans/