Caged birds to fly free? Supreme Court to decide

New Delhi: The Supreme Court on Friday decided to examine whether caged birds have a right to fly freely without being held captive. A three-judge bench comprising the Chief Justice H.L. Dattu and Justices Shiva Kirti Singh and Amitav Roy issued a notice on a petition filed by Pet Lovers’ Association and others after hearing senior counsel Salman Khurshid.

Acting on a batch of petitions, the Gujarat High Court had held that caged birds have the fundamental right to fly and directed the authorities to release around 500 birds of different varieties which were held captive. The High Court noted that the birds were kept in small cages, their tails were cut and cello-tape was put on their wings and there were rings on their legs so that they could not fly. It held that to keep birds in cages would tantamount to illegal confinement of birds, which is in violation of the rights of birds to live in free air/sky and that it is the duty of every citizen to see that there is no unnecessary pain on suffering to any animal or bird.

Jalalbhai Mohamad Ajam Sheikh, Shaikh A. Kadar and others, sellers of birds moved the apex court challenging this order.

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