Animal rights activists are demanding that the female elephant “Happy” be classified as a person. Then the animal would have been illegally “imprisoned” in a zoo in the Bronx and could be freed. However, a US court did not want to agree with the view.
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ENew York Court of Appeals declared zoo elephant Happy an animal. The female elephant could not be considered a person illegally confined at the Bronx Zoo, ruled the court on Tuesday (local time). The highly publicized case tested the limits of applying human rights to animals.
The zoo and its supporters warned that a victory for plaintiff’s attorneys, Nonhuman Rights Projects, could open the door to further legal action on behalf of animals, including pets and livestock. The court mostly followed this line of reasoning, saying: While no one disputes that elephants are intelligent beings who deserve proper care and compassion, personal liberties should protect humans and do not apply to animals like Happy.
The plaintiff had invoked the habeas corpus process, which allows people to challenge illegal detentions. Extending that right to Happy to challenge their placement in a zoo would have a destabilizing effect on modern society, the ruling said. Granting legal personality in such a case would affect how people treat animals. The decision confirmed the judgment of a previous instance and cannot be appealed.
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Proponents of the Nonhuman Rights Project argued that Happy is an autonomous, cognitively complex elephant and deserves to be considered a legal person. Two of the judges, Rowan Wilson and Jenny Rivera, said in dissenting opinions that the fact that Happy is an animal does not prevent them from having legal rights. Rivera wrote that Happy is being held in an environment that is unnatural to her and one that doesn’t allow her to live her life. Their imprisonment is inherently unjust and inhuman.
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The Nonhuman Rights Project has not been able to assert itself in similar cases in the past either. Steven Wise, the group’s founder, was nonetheless pleased that some judges had been won over.
Happy was born wild in Asia in the early 1970s, captured and brought to the United States as a one-year-old female elephant. In 1977 she came to the zoo in the New York borough of the Bronx.
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