Indian State Declares Personhood To Entire Animal Kingdom
In a ground-breaking judgment yesterday, High Court of the Indian State Uttarakhand has declared that entire animal kingdom has similar rights as human beings. A Division Bench of Justices Rajiv Sharma and Lokpal Singh of Uttarakhand High Court accorded the status of “legal person or entity” to animals in the State, saying “they have a distinct persona with corresponding rights, duties and liabilities of a living person.” While hearing a petition filed for the protection and welfare of animals, Court declared “all members of the animal kingdom including birds and aquatic life have similar rights as human beings.
The court also declared all native citizens of Uttarakhand State as the guardians of all animals. It stated:
All the citizens throughout the State of Uttarakhand are hereby declared persons in loco parentis as the human face for the welfare/protection of animals.
All animal lovers and animal rights activists in the country are rejoicing with this positive development. However, it should be noted that last year, in March, 2017; Uttarakhand High Court’s decision to assign personhood to its rivers Ganga & Yamuna along with glaciers & Himalayas was stayed by the Supreme Court of India just after three months.
But this time, High Courts has quoted Supreme Court judgment, which had held that an animal, too, has honour and dignity which it cannot be arbitrarily deprived of and its rights and privacy have to be respected and protected from unlawful attacks. So it would be interesting to see if this judgment could be challenged and upheld in the Supreme Courts.
Surprisingly, in its 57 page judgment, Court has given detailed directives regarding animal welfare for carriage horses, draught animals by assigning them the Right of Way over motored vehicles and prescribing a temperature range between 5oC and 37oC for permitting them to pull carts. It has also constituted a committee to determine what pay load is reasonable for these animals.
So it seems that Court feels even animals, birds & aquatic lives are not allowed free food from natural resources and they need to work and toil to earn their own living! Isn’t that quite strange?
It should be noted that a couple of years back a horse named Shaktiman was badly injured in a political party rally in the Uttarakhand capital of Dehradun. After the incident came to limelight through consistent media coverage, Government arranged for a VIP like medical treatment for the horse. But despite its best efforts, the life of horse couldn’t be saved.
The most populous district of Uttarakhand, namely, Haridwar already has a ban on consumption of meat and alcohol for several years now. But this couldn’t change the habits of its residents as most of the native people have a non-vegetarian diet along with a regular consumption of alcohol. So people either travel to neighbouring district to buy their stock or take help from some black marketers. My neighbouring state Gujarat too has a ban on consumption of alcohol. So its people visit my city over weekends to get their fill. I also noticed the presence of black market for alcohol in the State.
- So could such bans help change people’s consumption habits?
- What do you think Government will do if infectious diseases like bird-flu spread in the State?
- Do you think animals have any rights? If so, how should those be conferred and honoured?
wow that will be hard for everyone to adapt
Can you imagine, how hard it is for animals if we don't adapt to it?
Todos los activistas de los derechos de los animales en el país estan contentos con este fallo positivo, para proteccion de los animales, hay que esperar a ver si este juicio puede ser impugnado y confirmado en los Tribunales Supremos. Abrazos y besos amigo @xyzashu.
और यदि सुप्रीम कोर्ट में इस निर्णय को चुनौती ही न दी जाए तो भी ठीक! देखते हैं, आगे-आगे होता है क्या।
asi es , un abrazo cariñoso gracias por estar en mi camino @xyzashu.
Ever thing has right which natural law guide and therefore these animals also have right.
If birdflu spread over the state the best thing to by the government is to increase the work force of the health sector and improve the sector for better efficiency.
Yes such ban can atleast help the limit consumption of chemical preserve food( can food). I don't see the difference between can food and alcoholic
Perhaps diseases like bird flu won't happen if every animal is allowed to live naturally. There won't be any poultry farms, so humans shouldn't be impacted much, I guess.
I think this animals in fact have rights. They live in the Earth, like us the humans, we aren't the only ones here so they deserve to live a happy and peaceful life like we deserve too.
I completely agree and resonate with your thoughts.Earth is not just the property of humans but its every creature has an equal right to it.
Hello!! Well, this is a very interesting and controversial topic, I think the opinion varies depending on the context, because it is for example. In my country when they see a pig in a direct truck to the slaughterhouse they all feel sad because they are going to kill them, but, they are the same people who consume high amounts of that meat increasing the demand. Then they want solutions to the problem that they themselves cause.
I believe that if they deserve care and respect, but also expose the weakness to eat meat, and I think it is part of the food chain (it is a way to justify us, that happens). But, I think we can not avoid eating meat, as long as we believe that because we are the ones that have consciousness we can decide.
and with respect to the measure you are commenting on, I think they are measures to guarantee income, you know that in the Netherlands sex workers were allowed to make use of cubicles on the public highway, but this beyond providing a space, was because in this way They should pay a tax to the nation. Many times the top managers make a proposal that in the end always benefits them. Regards!
The people who seems concerned when they witness pigs being transported to slaughterhouses but thoughtlessly eat their flesh when it is served in their dinner plates are actually people who are disconnected . Until and unless they are not going to quit eating slaughtered bodies, slaughterhouses won't cease to flourish. Only people who can connect their actions with their inner conscience can stop consuming animal parts.
And yes, this food chain argument is used only to defend our age old habits which we fail to change.
Regarding the example you have cited, I'd like to distinguish here between the decisions made by a Government and the judgement passed by a Court. Here, I'm referring to the judgement made by a High Court of the State and not the Government. It's the Government whose ulterior intention could be for earning profits or more taxes or something but Courts don't have any vested interest.
So, could these prohibitions help to change the consumption habits of people?
I think that it is possible, but it is a question that these prohibitions are also monitored by various government organizations. Since in general people ignore these prohibitions, unless there is a penalty for not doing so.
What do you think the government will do if infectious diseases such as avian flu spread in the state?
Particularly I think that the first thing would be to assume all the international protocols in the field of health. Establish schools in education programs for the entire population, would use the media to provide information to the population on how to act in this situation.
Do you think that animals have any rights? If so, how should they be conferred and honored?
The animals have as many rights as the human being (I consider that humans are also animals, a part of nature).
Respect for life is the main thing, not mistreat them, that implies unquestionable human principles, I believe that education institutions must be incorporated from an early age to study in their studies is mandatory to talk about it.
Thank you for your feedback!
Let's see how things progresses.
Great article,but unless the mentality of people is not change ,all these rules and bans will only remain in the page of books.Day by day people are becoming addicted with alcohol and nonvegs,do you notice the decreasing trend of the male population. wedows are increasing day by day in Indian society.
I agree with you that ultimate change will come with the change in mindset of masses. However, these rules and bans have huge implications. They are major authoritative tools in spreading awareness and helps to change the people's mindset quicker than usual. But yes, a more vigorous effort at the grassroots level is needed too.
हाइ कोर्ट का ये निर्णय बहुत ही सरहनीय है। इसके लिए कोर्ट बधाई का पात्र है। हर जीव को जीने का अधिकार है। केवल जीने का ही नहीं बल्कि गरिमा के साथ जीने का। इस पोस्ट के लिए धन्यवाद आशु जी।
सही कहा आपने। लेकिन जब तक आम-जन की मानसिकता में यह नहीं बैठेगा, तब तक कोर्ट के निर्णय का अधिक सम्मान नहीं हो पायेगा।
Ji bilkul! Mansikta badle bina kuch nahi ho sakta hai. Koi bhi kanoon kitna bhi takatwar kyon n ho par agar log jaagruk nahi hain to fir kuch nahi ho sakta hai.
We are all imbued with natural rights at birth, no matter the species. It is everyone’s responsibility to look out for the well being of others, as they will look out for yours, although some people don’t understand this concept. Bans will never change people, only education that leads to societal change will over a course of time. Given the ruling of the court, I would assume that infected birds would be treated akin to humans and and bird acused of intentionally spreading the dease would be prosecuted. Thanks for a great post @xyzashu!
Yes, ultimately it boils down to people's attitude and habits. You're right that change will come from the grass root level with the spread of education and awareness. But bans too have their place as an instrument for spreading awareness. I feel, we need to work on both ends.
Great publication I like to read this, personally I love animals more than a human being, since they are beings that only ask for protection in return, they offer love and affection, I do not understand how there are people who can harm animals, animals have as much or more right than we for the simple reason of being beings that can not communicate and express or defend themselves for it I think they deserve more protection by the states of the countries and governments put a heavy hand on people who abuse it. Let's say NO TO ANIMAL MALTREATMENT
I agree with you but we need more people resonating with your thoughts to bring about a positive change in entire humanity.