28/01/2025
Kaavan's Freedom; By Mr Justice Attar minallah
In a landmark decision, the Islamabad High Court has ordered the release and relocation of Kaavan (along with some other animals), the lone Asian elephant, to a sanctuary. The court's ruling marks a significant milestone for animal rights in Pakistan and sets a powerful precedent for future animal welfare cases in the country.
Background Story
In the starting paragraphs his lordship Mr. Justice attar minallah throw light on covid pendamic , his aftershocks and the gift awarded to both animals and humans by nature which establishes a relationship; Life .
Kaavan, a male Asian elephant, was gifted to Pakistan in 1985 and spent 35 years in the cramped and inadequate conditions of Islamabad Zoo. The elephant's living conditions sparked a global outcry from animal rights activists and concerned citizens, culminating in a legal battle for his freedom.
Landmark Ruling
The Islamabad High Court's ruling recognizes the fundamental rights of animals and acknowledges the importance of their welfare. In its judgment, the court pointed to both domestic and international legal standards protecting animals. Notably, it cited Pakistan's obligations under the **Convention on International Trade in Endangered Species (CITES)**, which calls for the humane treatment of endangered species, as well as Pakistan's own **Animal Welfare Act** (if applicable), which emphasizes the protection and care of animals in captivity.
Along with the court referenced multiple case laws , internationally , including
i) 'Sandra', the Orangutan
ii) Chimpanzee, "Cecilia"
iii) "Arturo" the Polar Bear
iv) Animal Welfare Board of
India v. A. Nagaraja and others (2014) 7 Supreme Court Cases 547]
Regarding the right to life with grace , honour, peace and government responsibilities to provide such thing to living beings (both humans and animal : The Supreme Court of India held as follows.-
“When we look at the rights of animals from
the national and international perspective,
what emerges is that every species has an
inherent right to live and shall be protected
by law, subject to the exception provided out
of necessity. Animal has also honour and
dignity which it cannot be arbitrarily deprived
of and its rights and privacy have to be
respected and protected from unlawful
attacks”
In Nonhuman Rights Project v. the State of New York (2014) , where U.S. courts began recognizing the legal personhood of animals in certain contexts. This ruling aligns with a growing global trend of recognizing the intrinsic rights of animals and ensuring their protection from cruelty and neglect.
On national level his lordship relied on some of the case laws ; Ghulam Asghar Gadehi and others v. Senior Superintendent of Police Dadu and 4 others [PLD 2018 Sindh 169] ….. sindh high court , Province of Sindh and others v. Lal Khan Chandio and others[PLD 2016 SC 48]…… here in this judgement the apex Court had elaborately discussed the reasons and wisdom for conserving and protecting the migratory bird and had explained the nexus with the environment and right to life of humans.
Along with this , The learned Lahore High Court, in the case titled Muhammad Arif v. S.H. O. City Police, Depalpur and 5 others‟[PLD 1994 Lahore 521],while granting a petition of habeas corpus in relation to two persons found to be illegally detained along with their cattle, had raised the question of extending the constitutionally guaranteed right to animals. It was observed as follows.-
“As, per Article 4 of the Constitution every
citizen has the inalienable right to be treated
in accordance with law and no action
detrimental to, life, liberty, body, reputation
or property can be taken except in
accordance with law. Under Article 24 of the
Constitution no person is to be deprived of his
property, except in accordance with law.
Equality before law and equal protection of
law is guaranteed to every citizen, under
Article 25. If the Constitution is guaranteeing
such wide protection to the citizens, why not
the same protection to the cattle and animals
of the country?”
Resulting the safe relocation of the elephant along with establishing of a precedent for the right of animals; a sign of progressive society.
~Jamal hussain~
