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Birds do have fundamental right to fly

Birds have the fundamental right to “live with dignity” and fly in the sky without being kept in cages or subjected to cruelty, Delhi High Court has said while holding that running their trade was a “violation of their rights”.

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Justice Manmohan Singh expressed anguish that instead of being allowed to fly free, they were “exported illegally to foreign countries without availability of proper food, water or medical aid”.

“I am clear in mind that all the birds have fundamental rights to fly in the sky and all human beings have no right to keep them in small cages for the purposes of their business or otherwise,” the judge said.

The high court said, “…This court is of the view that running the trade of birds is in violation of the rights of the birds. They deserve sympathy. Nobody is caring as to whether they have been inflicted cruelty or not despite a settled law that birds have a fundamental right to fly and cannot be caged and will have to be set free in the sky.

Trail court ordered to release some birds to the custody of Mohazzim, another NGO filled a petition to high court saying that despite the fact that Mohazzim is not the owner trail court ordered to release some birds those NGO freed.

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“Birds have fundamental rights including the right to live with dignity and they cannot be subjected to cruelty by anyone including claim made by the respondent (Mohazzim).”

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