Having a caged bird as a pet is very common in India. However, a court has put an end to the habit, recently banning the buying and selling of birds. The Asian country thus ratified its commitment to animal rights.
Background
India already had a history of standing up for animals, recognizing them as sentient beings with rights.
In 2003, the High Court of India also banned shows and activities with captive dolphins, citing as justification their high level of intelligence, which makes it possible to consider them “non-human persons”.
The decision
A judge made the decision in a specific case in which several birds were rescued. The man claimed to be the guardian of the animals, but was questioned by the NGO People for Animals, which he argued that the captor kept them in small cages and sold them. The court of first instance returned the birds to the man, but the NGO appealed to a higher court.
The other court issued the decision in favor of the NGO and all the birds living in cages, saying:
“This court is of the opinion that conducting the bird trade is a violation of their rights. They deserve compassion. Nobody cares if they are victims of cruelty or not, a law that establishes that birds have the fundamental right to fly and that they cannot be caged and that they will have to be loose in the sky. Birds have fundamental rights that include the right to live with dignity and should not receive cruelty from anyone, including the claim made by the affected person.
Speaking to local media, Indian judge Manmohan Singh said: “It is clear to me that all birds have the fundamental rights to fly in the skies and that humans do not have the right to keep them trapped in cages to fulfill their selfish purposes.”
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Sources:
Omtimes
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