Report No. 269
F. High Court judgments dealing with Animal Welfare
2.28 The Madras High Court in S. Kannan v. Commissioner of Police24, held that protection shall be granted to all kind of birds including poultry against cruelty in any manner, observing "the birds and animals are entitled to co-exist along with human beings". The Court also issued orders prohibiting Cock fight and any other bird or animal fight for the sake of enjoyment of spectators.
2.29 The Gujarat High Court in Muhammadbhai Jalalbhai Serasiya v. State of Gujarat25, held that to keep birds in cages would tantamount to illegal confinement of the birds which is in violation of right of the birds to live in free air / sky. Thereby the High Court directed to release such illegally confined birds in the open sky/air. A similar view is taken by the Gujarat High Court in Abdulkadar Mohamad Azam Sheikh v. State of Gujarat26, observing that "it is the duty of every citizen to see that there is no unnecessary pain or suffering to any animal or bird."
2.30 In Tetragon Chemie v. CCE & Ors.,27 the Customs Excise & Gold Tribunal held that poultry feed must not only include that food which is necessary for their survival but also that food which is necessary for their growth and development.
2.31 The High Court of Himachal Pradesh has prohibited animal sacrifice on 26.09.2007 in CWP No. 9257 of 2011 along with CWP No.4499/2012 and CWP No.5076/2012 and quoted the words of Mahatma Gandhi: "The moral progress and strength of a nation can be judged by the care and compassion it shows towards its animals."
2.32 The Delhi High Court in the case of People for Animals v. M D Mohazzim & Anr 28, held that: "...birds have fundamental rights including the right to live with dignity and they cannot be subjected to cruelty by anyone (...) human beings have no right to keep them in small cages for the purposes of their business or otherwise."