Gujarat (India) High Court Case: Abdulkadar Mohamad Azam Sheikh v State of Gujarat

Summary

In 2010, the High Court of Gujarat in India ruled in favor of a case against the captivity of birds that the court determined constituted curel treatment and violation of their fundamental right to live freely. The question posed for consideration to the Court is whether birds have a right to live freely, whether birds can be kept in illegal custody/cages, and whether by keeping the birds in cages is their right to live freely is violated.

Background and Jurisprudential Framing
A criminal complaint was lodged under the Prevention of Cruelty to Animals Act, 1960 and the Wildlife Protection Act, 1972, over the discovery of 494 birds/animals found kept in small cages with their wings and tails cut and cellotap affixed on the wings and rings on their legs so that they could not fly. The petitioners submitted that “”the manner in which the birds are kept, is absolutely inhuman and atrocious” and the manner in which the birds are kept in cages “is in violation of the right of the birds to live freely in the open sky / air” and is “against the law of nature.” All 494 birds/animals were taken in the custody by the police and sent an NGO.

Legal Ruling
The court determined that an “offence of atrocity on animal” had been made, and that it is the duty of every citizen to see that there is no unnecessary pain or suffering to any animal or bird. On the question of animal rights, the judge determined that “every bird /animal has a right to move freely and it cannot be disputed that so far as the birds are concerned, they have right to move freely in the open sky / air.” The judge emphasized that “when everybody is talking about fundamental rights of the citizen, such as, right to live freely, right to food, right to move freely etc. a day has come to think about the rights of the birds and animals.”

In its ruling, the court referenced recent decision the Supreme Court in the case of Sansar Chand, which articulated that “preservation of wild life is important for maintaining the ecological balance in the environment” and “it must be understood that there is inter-linking in nature.”

The high courts of India are the highest courts of jurisdiction in each state and union territory of India. All courts in India, including high courts, are bound by the judgements and orders of the Supreme Court of India.