This weekend, a statement by a Delhi High Court judge drew cheers from animal lovers across the country. While hearing a case on the trade of caged birds, Justice Manmohan Singh stated that birds have the fundamental right to fly and live in dignity, and could not be subjected to cruelty.
“All birds have fundamental rights to fly in the sky and human beings have no right to keep them in small cages for the purposes of their business or otherwise,” Singh reportedly said in court.
While the judge’s comments came as an observation and not a judgement, they made for eye-catching headlines. Activists and bird lovers have welcomed the court’s views, but with some caution: they are worried that some overzealous citizens might take the judge’s words too literally and go around freeing all caged birds in homes or pet stores.
“The judge has made a very humane and emotional statement and I have received quite a few messages from animal lovers who are very happy with the news,” said Geeta Seshamani, the Delhi-based co-founder of Wildlife SOS India. “But if this inspires people to set caged birds free, it would be a tragedy in the making, because birds bred in aviaries cannot suddenly survive in the wild.”
Not free to fly
Seshamani’s fears are shared by other animal experts and are not unfounded – among activists too, there is a degree of confusion about whether Justice Singh’s statements constitute a judgement. If bird lovers attempt to save their captive winged friends by simply setting them free to access their fundamental rights, they would merely be pushing them towards a more cruel fate.
“Many of the bird species that are traded have not been raised in the wild, so they have lost their instincts for hunting and self-preservation,” said Shaleen Attre, a Delhi-based animal rights worker. “Many traders clip the wings of the birds they try to sell.” Out in the open, these birds would simply not survive, and could become prey for predators.
Besides, Attre points out, most people would not be able to differentiate between species that are traded illegally and those that are in fact legal.
In India, the Wildlife Protection Act places a blanket ban on the keeping indigenous bird species in captivity and trading them. But the import of certain species of non-Indian birds is actually allowed by law, as long as the necessary licences are obtained.
“Even though the judge’s statements are good on a moral ground, we don’t want a situation where people harass legal bird traders because of their ignorance about different species,” said Attre.
Non-indigenous birds also feed on different kinds of food, adds Seshamani, so if they were set free, they would not be able to adjust to Indian wildlife environment.
In order to spread awareness and prevent citizens from freeing captive birds indiscriminately, Seshamani and her colleagues have already started sending out messages to animal lovers on their networks, asking them to observe restraint. “The appropriate solution would be to rescue birds being sold illegally and give them to specialised organisations that can care for them,” said Seshamani.
What about chicken?
What some activists do expect from Justice Singh’s comments is that they will eventually acknowledge the fundamental rights of all birds, including the ones people commonly eat. Chickens, after all, are birds too, even if they are not considered “wildlife” according to the law.
“Battery chickens live their entire lives in small cages that leave no space for them to move, and activists have been trying to change that for a long time,” said Abodh Aras, the chief executive officer of Welfare of Street Dogs India in Mumbai. “Hopefully the judge’s comments will apply to such birds too, so that they are at least housed in better conditions.”
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“All birds have fundamental rights to fly in the sky and human beings have no right to keep them in small cages for the purposes of their business or otherwise,” Singh reportedly said in court.
While the judge’s comments came as an observation and not a judgement, they made for eye-catching headlines. Activists and bird lovers have welcomed the court’s views, but with some caution: they are worried that some overzealous citizens might take the judge’s words too literally and go around freeing all caged birds in homes or pet stores.
“The judge has made a very humane and emotional statement and I have received quite a few messages from animal lovers who are very happy with the news,” said Geeta Seshamani, the Delhi-based co-founder of Wildlife SOS India. “But if this inspires people to set caged birds free, it would be a tragedy in the making, because birds bred in aviaries cannot suddenly survive in the wild.”
Not free to fly
Seshamani’s fears are shared by other animal experts and are not unfounded – among activists too, there is a degree of confusion about whether Justice Singh’s statements constitute a judgement. If bird lovers attempt to save their captive winged friends by simply setting them free to access their fundamental rights, they would merely be pushing them towards a more cruel fate.
“Many of the bird species that are traded have not been raised in the wild, so they have lost their instincts for hunting and self-preservation,” said Shaleen Attre, a Delhi-based animal rights worker. “Many traders clip the wings of the birds they try to sell.” Out in the open, these birds would simply not survive, and could become prey for predators.
Besides, Attre points out, most people would not be able to differentiate between species that are traded illegally and those that are in fact legal.
In India, the Wildlife Protection Act places a blanket ban on the keeping indigenous bird species in captivity and trading them. But the import of certain species of non-Indian birds is actually allowed by law, as long as the necessary licences are obtained.
“Even though the judge’s statements are good on a moral ground, we don’t want a situation where people harass legal bird traders because of their ignorance about different species,” said Attre.
Non-indigenous birds also feed on different kinds of food, adds Seshamani, so if they were set free, they would not be able to adjust to Indian wildlife environment.
In order to spread awareness and prevent citizens from freeing captive birds indiscriminately, Seshamani and her colleagues have already started sending out messages to animal lovers on their networks, asking them to observe restraint. “The appropriate solution would be to rescue birds being sold illegally and give them to specialised organisations that can care for them,” said Seshamani.
What about chicken?
What some activists do expect from Justice Singh’s comments is that they will eventually acknowledge the fundamental rights of all birds, including the ones people commonly eat. Chickens, after all, are birds too, even if they are not considered “wildlife” according to the law.
“Battery chickens live their entire lives in small cages that leave no space for them to move, and activists have been trying to change that for a long time,” said Abodh Aras, the chief executive officer of Welfare of Street Dogs India in Mumbai. “Hopefully the judge’s comments will apply to such birds too, so that they are at least housed in better conditions.”