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8. The learned counsel would submit that Article 51A(g) of the Constitution of India confers a constitutional duty on all citizens and the State to have compassion for living creatures. The Trial Court has simply failed to consider the cost of maintenance directed to be awarded and erroneously directed to pay the amount of Rs.5,000/-. The learned Magistrate did not apply his mind to the invoking of the offences against respondent No.2 and passed an erroneous order. Hence, it requires interference of this Court.

12. The Apex Court in paragraph No.67 of the judgment held that Article 51A(g) of the Constitution of India states that it shall be the duty of citizens to have compassion for living creatures referring to the case of STATE OF GUJARAT v. MIRZAPUR MOTI KURESHI KASSAB JAMAT reported in (2005) 8 SCC 534. In paragraph No.72 discussed with regard to Right to life as envisaged under Article 21 of the Constitution of India, while safeguarding the rights of humans, protects life and the word "life" has been given an expanded definition and any disturbance from the basic environment which includes all forms of life, including animal life, which are necessary for human life, fall within the meaning of Article 21 of the Constitution.

26. This Court having considered the rules and the penal provisions passed an order having taken note of the factual consideration of the case on hand. It is also important to note that the Apex Court while considering Section 3 and Section 11 of the enactment further gone to the extent of invoking Section 51-A(g) and also Article 21 of the Constitution of India in the case of Animal Welfare Board of India v. A. Nagaraja and Others reported in (2014) 7 Supreme Court Cases 547.

27. Having perused the principles laid down in Animal Welfare Board of India's case (supra), particularly, in paragraph No.66, the Apex Court says that rights guaranteed to the animals under Section 3, Section 11, etc. are only statutory rights. The same have to be elevated to the status of fundamental rights, as has been done by few countries around the world, so as to secure their honour and dignity. Rights and freedoms guaranteed to the animals under Section 3, Section 11, have to be read along with Articles 51-A(g) and (h) of the Constitution, which is the magna carta of animal rights. The Court also made elaborate discussion in paragraph No.67 with regard to Compassion and so also in paragraph No.68 with regard to Humanism. Further, in paragraph No.72 while considering the right to life, it is observed by the Apex Court as under: