NEW DELHI: There are not many who are not fond of birds. We have often seen people keeping birds as their pets at home or at work. But this is soon to turn a problem for you if you have any bird caged with you for any reason. Read on to know why…
Delhi High Court on Monday explained that birds have the fundamental right to ‘live with dignity’ and fly in the sky without being kept in cages or subjected to cruelty.
The court held that running the birds trade was a ‘violation of their rights’.
Expressing anguish over birds being caged and ‘exported illegally’ to foreign countries without accessibility of proper food, water or medical aid, Justice Manmohan Singh said, “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.”
A notice was issued to Delhi Police and the bird owner Md. Mohazzim as well by the High Court who then demanded their responses by May 28.
The High Court made the observation and sent the orders while staying the direction of a trial court which had permitted some birds to be released to the same person from whom they were freed on his appeal.
The order from the trial court was stayed on an appeal from NGO People for Animals (PFA) that had challenged the release of birds into custody of owners without hearing the NGO which had freed the birds.
In its plea filed via advocate S D Windlesh, the NGO has accused 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.
In a 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.”
“I have been informed by the learned counsel for the petitioner that more than thousands of birds are subjected to pain as the so called owner put them in small cages and sell them in the commercial market for his vested rights, despite of statutory and constitutional right to live with dignity. 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 judge said in its order.