Keeping Poultry Birds In Battery Cages Violates Their Right To Live With Dignity: Petitioners Argue In Delhi High Court

The submission was made by Senior Advocates Anand Grover and Krishnan Venugopal before the Division Bench comprising of Chief Justice DN Patel and Justice Jyoti Singh, hearing a batch of petitions assailing animal cruelty.

According to the petitioners, Federation Of Indian Animal Protection Organisation and People For Animals Hyderabad & Secunderabad, these battery cages are stacked one on top of each other, which is unhealthy, unhygienic and perpetrating extreme cruelty.

Grover also submitted that this is in violation of Section 11(1) (e) of the Prevention of Cruelty to Animals Act, 1960 which bars confining of animal in any cage or other receptacle which does not measure sufficiently in height, length and breadth to permit the animal a reasonable opportunity for movement.

Further, it was pointed out that perpetuated use of battery cages is in violation of the Supreme Court's orders in Animal Welfare Board of India vs. A. Nagaraja and others (Jallikattu case) whereby the rights of animals to live with dignity was upheld.

"When we look at the rights of animals from the national and international perspective, what emerges is that every species has an inherent right to live and shall be protected by law, subject to the exception provided out of necessity. Animal has also honour and dignity which cannot be arbitrarily deprived of and its rights and privacy have to be respected and protected from unlawful attacks," the Top Court had observed.

Advocate Arijit Prasad, appearing for the Intervener submitted that the Government has come up with a Draft Policy in relation to the egg-laying hens.

However, Grover contented that the Draft Policy itself is in violation of Nagaraja judgement inasmuch as it prescribes the cages to be 450cmsq-550cmsq.

Senior Advocate Venugopal submitted that they only seek for a total ban on battery cages. It was highlighted that this is a pertinent issue given that eggs are an important and inexpensive source of nutrition and protein for the rich and the poor, especially during the pandemic.

The Bench has directed the parties to file their written submissions.

The matter will next be heard on 14 March, 2022.

Case Title: Federation of Indian Animal Protection Organisation (FIAPO) & Anr. v. State of Uttar Pradesh and Ors., WP (C ) 9056/2016, with connected matters.