Libertatem Magazine

Keeping birds in small cages violates their fundamental right to fly in sky says Delhi High Court

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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’. In the instant case, 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’.

In the instant case, S.D. Windlesh, learned Counsel for the petitioner produced colored photographs on behalf of the NGO People For Animals, which showed that despite of statutory and constitutional right to live with dignity, the birds are subjected to pain by keeping them in small cages by respondent, and are sold in commercial market for vested interests. The Counsel further contended that trial court allowed the release of the seized birds on superdari to the respondents without hearing them.

The Court observed that the birds are exported illegally in foreign countries without availability of proper food, water, medical aid and other basic amenities required as per law. The Court noted that nobody is caring as to whether they are inflicting cruelty on birds despite of settled law that birds have a fundamental right to fly and cannot be caged and should be set free in the sky. The Court added that “running the trade of birds is violation of the right of birds and they deserve sympathy”.

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