Do birds have a fundamental right to fly or can they be caged as petsIJ The Supreme Court on Friday decided to examine this curious question on a PIl filed by association of pet lovers, who indulge in trade of caged birds. They came before the court to claim that police were coming in the way of their business after two High Courts held that birds have a fundamental right to fly.
Alleging torture by police and NGOs who are using the High Courts’ orders to end trade in caged birds and animals, the Pet lovers’ Association also prayed the apex court to frame guidelines to ensure proper treatment and care of seized birds.
The first of the two judgements was delivered by Gujarat High Court on May 12, 2011. It said, “To keep birds in cages would be tantamount to illegal confinement of the birds which is in violation of right of the birds to live in free air or sky.”
Using this order, on September 27, 2011, Deputy Commissioner Faridabad directed that all birds in illegal custody and captivity be set free.
Next to follow suit was Chandigarh. On October 25, 2012, the Joint Director, Animal Husbandry of Chandigarh Administration, passed similar orders relying on the Gujarat HC order. As several pet traders were arrested and several caged birds seized, the issue assumed a pan-India phenomenon on May 23, 2013, when Animal Welfare Board wrote to Chief Secretaries of all States to ensure pet shops are not allowed to sell birds since there is no licensing procedure.
The effect was felt soon as within a year, the Conservator of Forests and Wildlife of Thane, Navi Mumbai and Mumbai issued orders on March 20, 2014, restricting sales of local and foreign birds. Three months later, on June 7, 2014, the Director, Department of Animal Husbandry and Veterinary Sciences, Karnataka directed that birds be set free wherever they are found in captivity in inhuman conditions.
In May 2015, arrived a second judgement, this time from the Delhi High Court. On a petition by Menaka Gandhi’s NGO People for Animals, pointing out inhuman treatment of caged birds, the HC held, “Birds have fundamental rights, including the right to live with dignity, and they cannot be subjected to cruelty…all the birds have fundamental right to fly in the sky and no one has no right to keep them in small cages for purposes of business or otherwise.”
Appearing for the petitioner NGO, senior advocate Salman Khurshid told the apex bench headed by Chief Justice Hl Dattu that the agony of pet traders has only aggravated. He pointed out that on May 25, 2015, District Magistrate, Gautam Budh Nagar UP directed that all birds shall be set free and trade in birds shall be stopped.
Interestingly, exotic birds are not covered under the Wildlife (Protection) Act, 1972. The Ministry of Environment and Forests has time and again stated that no licence or permission is required in their trade. left to the apex court, even the birds wish to know their right place.