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Birds Have Fundamental Right to 'Live with
Dignity', Rules Delhi High Court
May 17, 2015 Ndtv.com
New Delhi: Birds have
the fundamental right to "live with dignity" and fly in the sky without being
kept in cages or subjected to cruelty, Delhi High Court has said while
holding that running their trade was a "violation of their rights".
Justice Manmohan Singh expressed anguish that instead of being allowed to fly
free, they were "exported illegally to foreign countries without availability of
proper food, water or medical aid".
"I am clear in mind that all the birds have fundamental rights to fly in the sky
and all human beings have no right to keep them in small cages for the
purposes of their business or otherwise," the judge said.
The high court
issued notice to Delhi Police as well as the bird owner, Mohazzim, and sought
their responses by May 28.
The high court made the observations and issued the orders while staying the
direction of a trial court which had allowed some birds to be released to the
same person from whom they were rescued on his plea.
The trial court order was stayed on a plea by NGO People for Animals, which had
challenged the release of birds into custody of owners without hearing the NGO
which had freed the birds.
The NGO, in its plea filed through advocate SD Windlesh, has alleged that the
trial court released the birds into Mohazzim's custody despite arriving at a
finding that he was not the owner of the birds.
Granting relief to the NGO, the high court said, "...This court is of the view
that running the trade of birds is in violation of the rights of the birds. They
deserve sympathy. Nobody is caring as to whether they have been inflicted
cruelty or not despite a settled law that birds have a fundamental right to fly
and cannot be caged and will have to be set free in the sky.
"Birds have fundamental rights including the right to live with dignity and they
cannot be subjected to cruelty by anyone including claim made by the respondent
(Mohazzim)."
Read more:
Animal Rights FAQS; history of, Age
of Enlightenment, Turkey's animal rights, France updates laws; Delhi High Court
recognizes birds' rights
The History of Animal Rights;
ALDF's petition for Bill of Rights, Canada needs animal charter
Animal rights moves forward in
Europe; AW Party wins; AU under pressure, Canada lags behind; time for an Animal
Charter of Rights & Freedoms; WTO hinders global progress; NZ legally recognizes
animals as sentient beings
Hayden Law & No-Kill Legislation;
Calif. court rules pets more than 'inanimate property'; more legal rulings
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