From Protection to Rights: A Comparative Study of Animal Welfare Jurisprudence in India and the European Union

DOI

10.2991/978-94-6239-725-5_23How to use a DOI?

Keywords

Animal Welfare; EU jurisprudence; Constitutional Foundation; Animal rights; Global Standards

Abstract

Welfare law has witnessed a significant transformation globally, evolving from a protection-oriented framework to a rights-based jurisprudence that recognizes animals as sentient beings deserving of legal consideration. This paper undertakes a comparative study of animal welfare jurisprudence in India and the European Union (EU) to examine this transition and its implications for domestic animal and wildlife conservation. In India, animal welfare jurisprudence has largely developed through constitutional interpretation and judicial activism. However, the Indian legal framework continues to operate predominantly within a welfare paradigm, with animals largely viewed as objects of human duty rather than independent rights-holders. In contrast, the European Union represents a more advanced legal model by explicitly recognizing animals as sentient beings under Article 13 of the Treaty on the Functioning of the European Union (TFEU). The paper highlights how EU jurisprudence increasingly emphasizes ethical considerations, proportionality, and state accountability in animal welfare governance. Through a comparative analysis, this paper identifies key jurisprudential, legislative, and policy differences between India and the EU, while also examining common challenges such as enforcement gaps, economic interests, and human–animal conflict. The study argues that while India has made commendable strides through judicial interpretation, adopting elements of the EU’s rights-based and institutionalized approach could strengthen animal welfare and conservation outcomes. The paper concludes by proposing legal and policy reforms aimed at bridging the gap between protection and rights, thereby contributing to sustainable and humane animal governance.

Copyright

© 2026 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

Download article (PDF)

TY  - CONF
AU  - Tarun Kumar Kaushik
AU  - Rupendra Singh
PY  - 2026
DA  - 2026/07/07
TI  - From Protection to Rights: A Comparative Study of Animal Welfare Jurisprudence in India and the European Union
BT  - Proceedings of the International Conference on Conceptualizing Legal Framework and Policies for Domestic Animal and Wildlife Conservation: Issues and Challenges in Hybrid Mode (ICAR 2026)
PB  - Atlantis Press
SP  - 280
EP  - 293
SN  - 2667-128X
UR  - https://doi.org/10.2991/978-94-6239-725-5_23
DO  - 10.2991/978-94-6239-725-5_23
ID  - Kaushik2026
ER  -