May,18,2015: Delhi High Court observed that, bird trading is violation of their fundamental rights to fly in the sky without being kept in cages or subjected to cruelty; and they have right to “live with dignity” and the court also expressed anguish ill-treatment sought to the birds in trading.
The birds were, “exported illegally to foreign countries without availability of proper food, water or medical aid” – said Justice Manmohan Singh hearing a plea submitted by NGO People for Animals.
“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 animal welfare organisation in its plea submitted to the court, indicated earlier judgement that trail court allowed few birds back into custody of bird owners from whom they were rescued, without hearing the NGO which had freed the birds.
After making observation in the NGO plea, the High Court issued stay orders asking trail court not proceed with directions that it taken in this regard.
The NGO, in its plea filed through advocate S D 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.
The high court issued notice to Delhi Police as well as the bird owner, Md Mohazzim, and sought their responses by May 28, reported PTI.
“..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).” – the high court said, while granting relief to the NGO.