Law: Prevention of Cruelty To Animals Act, 1890

Section: 3

Law: Islamabad Wildlife (Protection, Preservation, Conservation and Management) Ordinance, 1979

Section: 4

Law: Constitution of Pakistan, 1973

Section: 199

(a) Prevention of Cruelty to Animals Act (XI of 1890)---

----S. 3---Islamabad Wildlife (Protection, Preservation, Conservation and Management) Ordinance (LXX of 1979) S.4---Constitution of Pakistan, Arts. 9 199---Cruelty to animals---Animals in captivity---Right to life---Compliance of directions---Authorities submitted their report with regard to earlier orders passed by High Court---Validity--- Pursuant to the duty of care humans owe to protect nature, there could be compelling reasons necessitating keeping a wild animal in captivity e.g. for the purpose of conservation of endangered species or to protect abandoned animals from being harmed---Wild animals were to be treated as an end in themselves and not a means for mere entertainment of humans---High Court directed the Wildlife Management Board to submit weekly report to High Court regarding completion of formalities for the journey of Kaaval to his new home and relocation of all other animals and authorities were directed to give serious consideration to the observations of renowned operatic tenor, Robert Breault, the only creature on earth whose natural habitat is a zoo is the zookeeper---Petition was disposed of accordingly.

(b) Prevention of Cruelty to Animals Act (XI of 1890)---

----S. 3---Islamabad Wildlife (Protection, Preservation, Conservation and Management) Ordinance (LXX of 1979) S.4---Constitution of Pakistan, Art. 9---Right to life---Cruelty to animals---Animals in captivity---Rights---Test to justify captivity is the principle of proportionality in the context of maintaining natures balance---Subjecting a sentient living being an animal to unnecessary pain and suffering is not only an offence under the law but a breach of constitutionally guaranteed right to life of humans under Art. 9 of the Constitution---In the present digital era, there are other more effective alternatives to meaningfully educate children and adults regarding wild animals and how they behave in nature, instead of keeping them in captivity under distressfully inhumane conditions---Replacing steel bars and cemented cages with moats or ditches are of no help to avoid causing unimaginable stress and pain of zoochosis to inmates of a zoo---Best of the circumstances in the most well managed and resourced zoo cannot be a substitute or a natural habitat, nor can the behavioral, social and physiological needs of any species of animal be met

ORDER

ATHAR MINALLAH, C.J.---

Dr. Anis Ur Rehman, Chairman of the Islamabad Wildlife Management Board, at the very outset of the proceedings, has informed that, in compliance with the judgment of this Court, dated 21-05-2020, passed in W.P. No. 1155/2019 titled Islamabad Wildlife Management Board through its Chairman v. Metropolitan Corporation Islamabad through its Mayor and others (hereinafter referred to as the Judgment), the Marsh Crocodile, which had been kept in a small cage under extreme inhumane conditions at the Marghazar Zoo, Islamabad (hereinafter referred to as the Zoo) was released yesterday for its onward journey to its sanctuary situated near Sukkur in the province of Sindh. The agony of the Marsh Crocodile ended this morning at 08:30 a.m. when the latter was safely and happily released in its natural home. He has further informed that, pursuant to this Courts direction given vide order, dated 11-07-2020, the Islamabad Wildlife Management Board held its fourth emergency meeting on July 13, 2020. After thorough deliberations, decisions were taken regarding the relocation of “Kaavan”, the lonely elephant at the Zoo, to an appropriate sanctuary. He submitted a copy of the minutes of the meeting of the Board. The decisions relating to Kaavans relocation to a sanctuary are reproduced as follows:-

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