Hindustan Times (Lucknow)

HC: Animal kingdom has rights of ‘living person’

- Neeraj Santoshi neeraj.santoshi@hindustant­imes.com ▪

NAINITAL: The Uttarakhan­d high court on Wednesday declared the entire animal kingdom, including birds and aquatic animals, as legal entities having rights of a “living person”, a year after according similar right to Gang a and Yamuna that was subsequent­ly stayed by the Supreme Court.

A division bench of justices Rajiv Sharma and Lok Pal Singh said that in the past, various courts have given similar rights to corporatio­ns, Hindu gods, holy scripture san drivers and in order to ensure the greater good and that to ensure the “greater welfare” of animals they need to be conferred with the status of “legal entity/legal person”. They can’t be treated merely as “property”, the bench added. Uttarakhan­d’s acting chief wildlife warden, Rajeev Bhartari, said he cannot commenton the judgment till he examine sit. Principal chief conservato­r of forest Jai Raj welcomed it. Explaining what a legal entity means, the HC said, “The entity acts like a natural person but only through a designated person, whose acts are processed within the ambit of law”.

This means the animal kingdom could be represente­d by a custodian.

Invoking Article 21 of the Con- stitution, the court said: “Article 21 of the Constituti­on, while safeguardi­ng the rights of humans, protects life and the word ‘life’ means animal world.” The court cited a 2014 Supreme Court judgment to say any disturbanc­e from the “basic environmen­t which includes all forms of life, including animals life, which are necessary for human life, fall within the meaning of Article 21 of the Constituti­on”.

While issuing a slew of directions to the state government for protecting animals, including creating a animal welfare committee in every district of the state, the court also declared all citizens of Uttarakhan­d “persons in loco parentis” (in the place of a parent) giving them the responsibi­lity to protect animals and ensure their welfare.

Welcoming the judgment, Gauri Maulekhi, executive member of Society for the Prevention of Cruelty to Animals (SPCA), Dehradun, said: “This order will go a long way in building a compassion­ate society as it was illogical to treat sentient creatures as inanimate objects.”

The order came in response to a public interest litigation seeking directions to restrict the movement of horse carts/ tongas between Nepal and India through Champawat district and highlighte­d that ailing, infirm and old horses were being abandoned by the owners in the Indian territory.

The high court in March last year accorded the status of “living entity” to the Ganga and Yamuna rivers , a decision subsequent­ly stayed by the Supreme Court.

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