This article is the work of Kirti Rai Rayat Bahra University, Mohali ,University School of Law , BALLB (Hons.), 5th Year, while interning at LeDroit India.
Key words:
Child protection, animal welfare, legal framework, juvenile justice, prevention of cruelty, India.
Abstract
Child protection and animal welfare are among the greatest concerns/issues that are under prioritized in regard to India’s legal and policy frameworks. Being similar to children, animals are extremely vulnerable to various forms of child abuse, neglect, and exploitation. Children and animals depend on the state and society to protect their dignity and honour. The article examines statutory and judicial protections for children and animals,discussions on systematic hurdles faced by these vulnerable populations with respect to implementation, and a critical analysis of the gap based on these populations’ experiential knowledge
around effective justice. This article emphasizes recent case law and pushes not only for legal amendments, but proposes a widening of the embrace of safety for children and animals in a more compassionate, rights-based framework founded on constitutional principles.
Introduction
Let’s be real—kids and animals might look like they’re from different planets, but honestly, they’ve got a ton in common. Neither one gets much say in the legal world, they’re both super vulnerable to getting hurt, and they basically rely on adults to look out for them. Sure, there are laws “protecting” them, but, eh, enforcement’s often a mess and most people just shrug and move on. So, yeah, India’s got rules on paper, butthings are far from perfect. Here, I’m digging into what the law actually says for both kids and animals, whyit’s falling flat, and why we desperately need to step up think: tougher enforcement, people actually caring, and some serious updates to those dusty old rules.
Alright, let’s get into what’s actually out there for kids in India:
A .Constitutional Articles
Article 15(3): Gives the state permission to make special rules just for kids. So, sort of a “kids get first dibs”clause.
Article 21A: Basically says every kid between 6 and 14 has the right to free schooling. No excuses.
Article 39(e) & (f): Tells the government, hey, don’t let kids get abused and make sure they grow up happy and healthy. Common sense, but apparently needs spelling out.
B. Juvenile Justice Act, 2015
This one’s all about helping kids who either need protection or have gotten into trouble with the law. The vibe is more “let’s help you out” than “throw the book at you.” It’s supposed to be friendlier to kids, focusing more on turning things around than on punishment. In theory, at least.
C . POCSO Act, 2012
Long name, but here’s the gist: it makes any kind of sexual abuse, assault, or gross stuff with kids a serious crime. There are rules for handling cases so kids don’t get traumatized all over again, and there are special courtsthat are supposed to deal with these cases fast. In practice? Well, let’s just say it’s a work in progress.
D. Right to Education (RTE) Act, 2009
Okay, so here’s the thing about the RTE Act—it’s not just about getting kids into classrooms. It straight- up bans teachers from hitting or mentally harassing students. Basically, it’s got kids’ backs in school, making sure no one’s getting smacked around or bullied by grown-ups. Finally, some common sense.
Legal Protections for Animals in India
A. Constitutional Framework
Article 48A’s all about the State stepping up to actually care for the environment and wildlife, not just talk about it. Then there’s Article 51A(g), which basically tells every Indian, “Hey, don’t be a jerk to animals. Show some compassion, will ya?”
B. Prevention of Cruelty to Animals Act, 1960 (PCA Act)
This law? It’s supposed to protect animals, but it’s kind of stuck in a time warp. Fines are laughably tiny— like, ten to fifty rupees. You could probably lose that in your couch cushions. Most offenses? Totally bailable. Not exactly scaring off the abusers.
C. Wildlife Protection Act, 1972
This one gets a little more serious. It’s all about saving endangered species—no hunting, no trading, no poaching. Basically, if it’s rare and running wild, leave it alone.
D. Landmark Judicial Recognition
Remember the whole Jallikattu controversy? Supreme Court stepped in (Animal Welfare Board of India v. A.Nagaraja, 2014) and said animals actually have a “right to life” under Article 21. They shut down that bull-taming sport and made it clear: animals aren’t just props for human entertainment. Dignity, sentience, the works. About time, right?
Case Laws and How Courts Have Dealt With Stuff
A. Child Protection
Let’s talk about Bachpan Bachao Andolan v. Union of India, (2011) 5 SCC 1. That case? Huge. The Supreme Court basically called out everyone slacking off on child labour and trafficking—told the authorities to get their act together and actually enforce the law for once.
Then there’s the case with the super long name: Re: Alarming Rise in the Number of Reported Child RapeIncidents, (2019) 8 SCC 674. The Court was like, “Enough with the delays—these cases need fast- track courts, pronto.” They were dead serious about speeding up justice for kids under POCSO.
B. Animal Welfare
PETA v. Union of India, Delhi High Court, 2020—classic PETA move, honestly. They dragged dog breeders tocourt, called out all the shady, cruel practices, and pushed for the actual rules to be enforced. Someone had to do it.
But here’s the wild one: Narayan Dutt Bhatt v. Union of India, 2021, Uttarakhand HC. The court basicallygave animals “legal personhood”—yup, you read that right. It’s a game-changer for animal rights, at least on paper.
Real-Life Situations
Example A: Picture a 10-year-old kid dumped by his parents, begging in Delhi traffic. An NGO spots him, brings him to the Child Welfare Committee. Under the JJ Act, the kid finally gets a roof, a meal, and— believe it or not—a shot at school.
Example B: Now, flip to a guy in the neighborhood whacking his dog with an iron rod. Everyone sees it, nobody does squat except for this one animal NGO. They call the cops, the guy gets booked under the PCAAct… and the court slaps him with a ₹50 fine. Fifty rupees. Might as well buy him a cup of tea. Tells you all you need to know about “deterrence.”
See the problem? Laws look great on paper, but when the rubber hits the road, enforcement’s a joke, especially for animals.
Why Enforcement Sucks (Frankly)
Let’s not sugarcoat this:
– The PCA Act? Ancient. The fines are laughable. Who’s scared of a fifty buck penalty?
– Most people only care about cruelty if it’s, like, super graphic or goes viral.
– Child Welfare Committees, shelters, animal boards… everyone’s broke and understaffed.
– And, honestly, society has this weird blind spot. Beating a stray or ignoring a street kid just doesn’t shock people the way it should.
What Needs to Change (Seriously)
1. Update the PCA Act. Make the fines hurt—like, actually make people think twice. And yeah, jail time for repeat offenders wouldn’t hurt.
2. National Animal Protection Policy, pronto. Not just for tigers and elephants—think cows, dogs, even those poor goats.
3. CWCs and Childline need cash, staff, and proper oversight. No more running on fumes.
4. Start ‘em young—put empathy and animal welfare into school books. Teach kids before adults mess them up.
5. One Welfare, baby. Accept that people and animals are tangled up together, especially in the chaos of slums and rural India.
Wrapping Up
Look—if we call ourselves a civilized society, we’ve gotta protect the ones who can’t fight back. Right now,India’s laws for kids and animals look super noble in the constitution, but out in the real world? Big gaps. Weak punishments, half-baked institutions, and way too little empathy.
What’s the fix? Tougher laws, more money for shelters and welfare boards, and a total attitude shift. Gotta make cruelty uncool and empathy the norm. Laws shouldn’t just punish—they should help people (and animals) heal and start over.
Real protection means building a world where every kid and every stray can feel safe and respected. Anything less? Not good enough.
1. Animal Welfare Board of India v. A. Nagaraja, (2014) 7 SCC 547
2. Bachpan Bachao Andolan v. Union of India, (2011) 5 SCC 1
3. Re: Alarming Rise in the Number of Reported Child Rape Incidents, (2019) 8 SCC 674
4. Narayan Dutt Bhatt v. Union of India, Uttarakhand HC, 2021
5. PETA v. Union of India, Delhi HC, 2020
6. Juvenile Justice (Care and Protection of Children) Act, 2015
7. Prevention of Cruelty to Animals Act, 1960
8. Protection of Children from Sexual Offences Act, 2012
9. Wildlife Protection Act, 1972
10. Right of Children to Free and Compulsory Education Act, 2009
