ISLAMABAD: The recent landmark decision of Islamabad High Court (IHC) for the first time in Pakistan has recognised legal rights of caged animals and led to their freedom. It also paved the way for the release of solitary confined non-humans.

While the Metropolitan Corporation of Islamabad (MCI) or the Ministry of Climate Change are likely to take a decision on filing of an appeal against the IHC decision in the Supreme Court, animal rights activists have already started citing the judgement for well-being of caged animals.

On May 21, IHC Chief Justice Athar Minallah issued the 67-page judgement which said animals in Marghazar Zoo of Islamabad had legal rights and should be moved to appropriate sanctuaries.

The case related to the Marghazar Zoo which houses and exhibits 878 non-human living creatures, including 89 of different 15 species, 769 birds of 38 species and 20 of three species. Notably, the zoo was home to Kaavan, the solitary elephant.

Campaigner in the US says ruling will help in release of two solitary elephants in New York and Connecticut

The IHC decision was welcomed by leading animal rights activists. Leading US singer Cher also celebrated the release of Kaavan to a sanctuary.

She had campaigned for animals and tweeted that the judgement was “one of the greatest moments” of her life.

The US-based Non Human Rights Project (NHRP) lauded the judgement and expressed the hope that it will strengthen their legal suits for the release of two solitary elephants in the New York and Connecticut states.

“May the NY and CT courts, who have in their hands the fates of elephants Happy and Minnie (both, like Kaavan, held in solitary confinement) soon follow suit to #FreeHappy and #FreeMinnie”, tweeted the NHRP on its official account.

Happy the elephant is, contrary to her sunny name, being detained by the Bronx Zoo. A judge in the New York City in February this year dismissed a lawsuit against the Bronx Zoo in which NHRP sought to declare Happy a person with a right to be free. NHRP however challenged the decision in the appellate forum.

Minnie is a wild-born elephant who has been held captive and exploited for over three decades under threat of a bullhook by a traveling circus called the Commerford Zoo.

Elephants held captive and exploited with her, Beulah and Karen, died in September and March 2019, respectively. Minnie is now the sole surviving elephant in the Commerford Zoo.

Reportedly, Commerford Zoo still forces her to give rides despite the physical and emotional harm this is known to cause and despite documented incidents in which she has attacked her handlers and members of the public as traumatised elephants often do.

NHRP expected that since the IHC has acknowledged the legal rights of Kaavan and other animals, therefore, this judgement may be cited as legal precedence in order to establish their legal suits seeking freedom of the lonely elephants.

Likewise, a non-for-profit UK-based law firm for the protection of nonhuman “Advocates for Animals” analysed the judgement and termed it milestone for animal rights.

“The High Court of Islamabad held ‘without any hesitation’ that the animals in Marghazar Zoo, with particular focus on #Kaavan the elephant, had legal rights and were not merely ‘things’ or ‘property’ Elephant”, tweeted the law firm.

The zoo was under the control of the MCI, which had “neither the resources nor the capacity and will to safeguard the wellbeing and welfare of the captive animals.”

A report submitted by the amicus appointed by IHC highlighted “extremely disturbing conditions in which the non-human living beings have been kept in captivity and in complete disregard to their respective natural habitats. The animals, because of these conditions, are definitely suffering pain, distress and agony.

“The animals have been kept in small cages and enclosures without basic and necessary facilities required for the needs of this non-human living species. There can be no denial that these non-human living beings have been kept in conditions which cause distress and pain and thus amounts to cruel treatment.”

The judgement deals with the specific conditions endured by the animals with a four to five-page emphasis on Kaavan’s three decades of “unnecessary pain and suffering”.

In the judgement, IHC observed: “The pain and suffering of Kaavan must come to an end by relocating him to an appropriate elephant sanctuary, in or outside the country.”

It asked the chairman of the Board of Wildlife Management constituted under the Wildlife Ordinance 1979 to make arrangements, preferably in consultation with and the consent of the high commissioner of Sri Lanka, to relocate Kaavan to a suitable sanctuary within 30 days.

The board can seek assistance of experts and international entities or organisations in this regard.

Similarly, the board will also relocate all the remaining animals to their respective sanctuaries within 60 days from the date of receiving a certified copy of this judgement, the court said.

The board will also take over the management of the zoo whereas MCI and the Islamabad Capital Territory (ICT) chief commissioner will assist the board till the animals have been relocated.

The minister in charge of the Ministry of Climate Change and members of the board will jointly be liable for the welfare and wellbeing of each animal till their relocation to their respective sanctuaries, the judgement held.

The board will not keep any new animal in the zoo till a reputable international agency or organisation specialising in matters relating to zoological gardens has certified that the facilities and resources are available to provide for the needs of each species of animals, the judgement said.

Likewise, the black bear, confiscated by the board, will continue to stay in the bear sanctuary because it was in illegal possession in ICT, the judgement said, adding the board will be assisted by the Islamabad chief commissioner and the inspector general of police in order to enforce the provisions of the wildlife ordinance.

The board will also ensure and take appropriate measures to enforce the provisions of the relevant laws so that no animal is treated in a manner that subjects it to unnecessary pain and suffering.

The high court also regretted that reportedly “mahouts” have a negative relationship with Kaavan since his food was sold to visitors so that the latter could feed the elephant. The funds generated are not recorded and thus go unaccounted while the health condition of the elephant was also disturbing.

The diet given to Kaavan is also substandard and inadequate to meet its needs, the judgement said, adding this social living being has been kept in isolation since his female companion Saheli’s death at the age of 22 in 2012.

Like humans, animals also have natural rights which ought to be recognised, the judgement said, and that it was a right of each animal, a living being, to live in an environment that meets its behavioural, social and physiological needs.

Published in Dawn, May 27th, 2020