W.P.(CRL) 156/2020 Mr. Saddam vs Union Of India & Ors. on 20 January, 2020, the Delhi High Court said in the order that – “the Court has also a duty under the doctrine of parens patriae to take care of the rights of animals.”. Keeping in view the aforesaid principle and the fact that an elephant, by virtue of its natural characteristics, requires sufficient water, large area for housing as well as for walking and grazing, this Court is of the opinion that Jungle is the natural habitat of an elephant. Being the owner of an elephant is not a ground to treat her as slave and to keep her in an uncomfortable environment against her rights and interests. Further, in the event of a conflict between the rights of the elephant and the ownership, priority will have to be given to the rights of the elephant. This Court is of the view that Elephant Rehabilitation Centre is better suited to take care of elephant.”
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