Delhi High Court: While dealing with the issue relating to the release of the seized birds and animals on superdari, a bench of Manmohan Singh J., stated that the birds have fundamental rights to live with dignity and fly in the sky and all human beings have no right to keep them in small cages for the purpose of their business or otherwise or inflict them with cruelty.

In the instant case, S.D. Windlesh, learned Counsel for the petitioner produced coloured photographs on behalf of the NGO People For Animals, which showed that despite of statutory and constitutional right to live with dignity, the birds are subjected to pain by keeping them in small cages by respondent, and are sold in commercial market for vested interests. The Counsel further contended that trial court allowed the release of the seized birds on superdari to the respondents without hearing them.

The Court observed that the birds are exported illegally in foreign countries without availability of proper food, water, medical aid and other basic amenities required as per law. The Court noted that nobody is caring as to whether they are inflicting cruelty on birds despite of settled law that birds have a fundamental right to fly and cannot be caged and should be set free in the sky. The Court added that “running the trade of birds is violation of the right of birds and they deserve sympathy”. The Court stayed the order of the trial court, and issued notice to the Delhi Police as well as the respondent and sought their response by 28.05.2015. People for Animals v. Md. Mohazzim, 2015 SCC OnLine Del 9508decided on 15.05.2015


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