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Question

Consider the following statements in light of the fundamental rights of the animals:

1. Birds have a ‘fundamental right to fly’.

2. Keeping birds is allowed for the entertainment purpose.

3. There are five internationally recognized freedoms for animals which include to roam freely any where they wish

Which of the following statements is/are correct?


A

Only 1

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B

Only 2

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C

1 and 2 only

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D

2 and 3 only

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Solution

The correct option is A

Only 1


Keeping birds in cages is tantamount to “illegal confinement”. The safeguards under the Prevention of Cruelty to Animals Act, 1960 and the Wildlife Protection Act, 1972 were sufficient to protect birds and animals. The petitioners also argued that birds and animals provided happiness and companionship to humans, which was therapeutic.

Background

Five internationally recognized freedoms for animals, such as:

  • freedom from hunger, thirst and malnutrition;
  • freedom from fear and distress;
  • freedom from physical and thermal discomfort;
  • freedom from pain, injury and disease; and
  • freedom to express normal patterns of behaviour.

These freedoms find a place in Sections 3 and 11 of PCA Act and they are for animals like the rights guaranteed to the citizens of this country under Part III of the Constitution of India.


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