In India, humans’ right to privacy was famously recognised in the case of Justice KS Puttaswamy (Retd) vs Union of India in 2018.

But in the case of Animal Welfare Board of India vs A Nagaraja & Ors, the court held that animals too have the right to life under Article 21 of the Constitution. The issue is whether by recognising the existence of a right to life for animals under Article 21, it implicitly held that this includes the right to privacy as well.

Constitutional provisions that might lead to the right to privacy for animals:

• Article 48A directs the State to protect and improve the environment and to safeguard forests and wildlife of the country.
• Article 51(g) casts a fundamental duty on every citizen to protect and improve the natural environment including wildlife, and to have compassion for living creatures.
• Similarly, Article 51-A(h) says that it shall be the duty of every citizen to develop scientific temper, humanism and the spirit of inquiry and reform.
• These articles read with the principles developed in Animal Welfare Board of India vs A Nagaraja & Ors, lead to the inference that animal species too have the right to privacy.

Source: 9 PM compilation of July, 2021.