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A High Court in the Northern Indian State of Uttarakhand has declared that all animals in the state now have the same legal rights as human beings.
The High Court also declared that all human beings in the state are now parents of every animals. The court declaration was done as part of efforts to protect animals in the state, Reports India Today.
The High Court on Wednesday accorded the status of a “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”.
A division bench of Justices Rajiv Sharma and Lokpal Singh bestowed the unique status on the animal kingdom while issuing a series of directions to prevent cruelty against animals.
The bench said the order was aimed “to protect and promote greater welfare of animals, including avian and aquatic, [and for this] animals are required to be conferred with the status of legal entity/ legal person”.
The entire animal kingdom, including avian and aquatic ones, are declared as legal entities having a distinct persona with corresponding rights, duties and liabilities of a living person.
The Uttarakahnd High Court in the past had given a similar right to river Ganga when it ordered that the river is a human entity and will enjoy all corresponding rights.
Later, the order was however set aside by the Supreme Court after the Uttarakhand government challenged the order arguing that the order will open floodgates of litigation against its officials.
ALL CITIZENS ARE NOW PARENTS OF ANIMALS
In its order on Wednesday, the high court said that all citizens throughout the state of Uttarakhand are hereby declared persons in loco parentis (someone who is given the legal responsibility to carry out some responsibilities of a parent) as the human face for the welfare/protection of animals.
The court also declared all Uttarakhand natives as the guardians of animals and endowed them with the duty to ensure their welfare and protection.
In common law jurisprudence, there are two types of persons – natural persons or human beings and artificial person, which are also known as juristic persons, juridical entity or a legal person other than a natural person.
Legal or juristic persons are created by law and recognised as a legal entity, having distinct identity, legal personality and besides duties and rights. They include private business firm or entity, non-governmental or government organisations, trusts and societies, besides others.
HC SETS LIMITS LOAD ON ANIMAL-DRIVEN CARRIAGES
The division bench also gave directions ranging from the amount of load allowed to be pulled by various animals in accordance with the kind of carriage being pulled to the amount of riders per carriage.
ANIMALS TO BE USED ONLY IF TEMP IS BETWEEN 37°C AND 5°C
Further, banning the use of spike or other sharp tackle or equipment on the animal, the court also directed the state government to ensure that if temperature exceeds 37°C or drops below 5°C, no person be permitted to keep in harness any animal used for the purpose of drawing vehicles.
FLORESCENT REFLECTORS MUST IN ANIMAL CARRIAGES
The court also went into the aspect of animal safety, highlighting the need for fluorescent reflectors in carriages and animals, certificates of unladen weight of vehicles, compulsory shelter of suitable size for horses, bullocks and stray cattle and a direction to the veterinary doctors of Uttarakhand to treat any stray animals brought to them or by visiting them.
The court said as the carts driven by animals have no mechanical devices, animal-drawn carriages have to be given Right of Way over other vehicles.
The order came on a public interest lawsuit seeking restrictions on the movement of horse-drawn carts between Indian and Nepal through Banbasa.
It was also prayed for in the PIL that there should be provisions for vaccination, medical checkup of the horses for suspected infections before entering into the Indian territory from Nepal and for regulating traffic in the border areas.
Via India Today
