Zoo's animals held to have legal rights
On 21 May 2020, the Islamabad High Court in Pakistan held “without any hesitation” that the animals in Marghazar Zoo had legal rights and specifically ordered the release of an Asian elephant named Kaavan to a suitable sanctuary within 30 days.
The Marghazar Zoo of the Federal Territory of Islamabad housed and exhibited 878 non-human living creatures, including 89 mammals representing 15 species, 769 birds of 38 species and 20 reptiles belonging to three distinct species. More famously, the zoo was home to Kaavan, known as Pakistan’s loneliest elephant, that had lived in conditions which resembled solitary confinement for 36 years.
Chief Justice Athar Minallah’s 67-page judgment came as a result of three petitions filed on behalf of diverse species, and began by reflecting on how COVID-19 has presented an opportunity for humans to introspect and relate to the pain and distress suffered by other living beings caused by the “arrogance” of humans.
Having considered the relevant jurisprudence which had developed in various jurisdictions, both domestically and internationally regarding the rights of animals and the duties of humans towards them, the Judge found there was an obvious consensus that an animal is not merely a thing or property.
Some of the cases considered in the judgment include:
‘Sandra’ the Orangutan: declared by the Criminal Appeals Court in Argentina to be a ‘non-human person’;
Chimpanzee “Cecilia”: declared by Judge Maria Alejandra Mauricio of Tercer Juzgado de Garantias in Mandoza to be a ‘non-human person’;
“Sonu” the Elephant: recognised by the High Court of Chhattisgarh to have rights to live in its natural habitat and the need to protect wild animals from being treated in a cruel manner’;
“Happy: the Elephant: held in the judgment of Judge Alison Tuitt of the Manhattan Supreme Court to be “more than a legal thing, or property” and is an “intelligent, autonomous being who should be treated with respect and dignity, and who may be entitled to liberty.”;
The Kerala High Court: which held that legal rights should not be the exclusive reserve of humans;
The Supreme Court of India: finding that “every species has an inherent right to live and shall be protected by law”.
The Sindh High Court: declaring the cruel treatment of animal species as illegal, in the context of the traditional and cultural sport of donkey cart racing and bull cart racing.
The Chief Justice further examined the importance of animals to the Islamic faith, as well as the close relationship between the treatment of animals and the right to life of humans, and ultimately held that it was an obligation of the State and its authorities to “jealously guard against cruel and illegal treatments of animals.”
The judgment of the High Court ended with declarations and directions, including: -
The Zoo did not have the facilities or resources to meet the behavioural, social and psychological needs of the animals kept in captivity under inappropriate and illegal conditions;
The animals held in captivity in the Zoo have been kept in conditions that tantamount to subjecting them to unnecessary pain and suffering;
The pain and suffering of Kaavan, the elephant, must end by relocating him to an appropriate elephant sanctuary, in or outside the country within 30 days;
All remaining animals to be relocated to their respective sanctuaries within 60 days;
No new animals to be kept in the Zoo until a reputable international agency/organisation specialising in matters relating to zoological gardens have certified that facilities and resources are available to provide for the behavioural, social and psychological needs of each species of animals;
The decision has been widely celebrated, not only animal welfare groups worldwide, but also celebrities such as Cher, who had for years spoken about the plight of Klaavan and had campaigned for his freedom.
Read the full judgment here.