The central legal point established in the judgment is the duty to protect the rights of animals against torture and unnecessary pain or suffering, as recognized by the Prevention of Cruelty to Animals Act 1960 and the Hon'ble Supreme Court.

N. Kirubakaran, J.

"ANGRYBIRDS" fight with each other which is a "BLOOD SPORT" to the pleasure of the persons, who are all watching the fight.

Whether the anger of the birds is natural?

Whether the fight is spontaneous?

Whether the fight is natural?

The Answer is:

The Anger is artificial.

The fight is man made.

The fight is not intentional.

The cocks are made to fight to get pleasure in the name of fight.

2. "Torture, injury, hurt, discomfort, trauma, agony, pain, distress, disturbance, sorrow, suffering, harm, shock, bleeding, brutal attack etc. are neither synonymous nor can go together with "Pleasure, joy, happiness, excitement, fun, celebration, entertainment, enjoyment, recreation, championship etc."

What has been described in the first part, what the poor birds suffer while fighting and the one mentioned in the second part is what men derive out of the birds-fight.

3. Are we justified in taking away the natural rights available to the birds? When the rights of the human beings are infringed, the law of the land takes care of the situation. What about the natural rights of the animals and birds? We have got scant respect for the natural rights of the fellow creatures. After all, we "human beings" are also one of the creatures of God along with other living creatures in the world. Though man is considered to be the supreme form of God's creature, whether the supreme creature has got any right to injure intentionally, torture deliberately, cause pain and mental torture make the birds to fight unnecessarily? Certainly not. The birds and animals are entitled to co-exist along with the human beings. Any imbalance in the nature would lead to disaster, mainly due to the acts of the human beings. Felling of trees, deforestation, pollution are man made causes for disasters like Global warming, holes in the Ozone layer, land slide, decline in rainfall etc.

4. Therefore, the nature has to be preserved and protected. Similarly, the animals, birds and other creatures have to be preserved and protected unless they are needed for necessity. Otherwise the animals and birds should not be unnecessarily tortured to derive pleasure in the name of birds fight or animal fight. Taking into consideration of the unnecessary pain or suffering caused to the animals, Parliament passed the enactment "Prevention of Cruelty to Animals Act 1960". The object of the Act reads as follows:

"An Act to prevent the infliction of unnecessary pain or suffering on animals and for that

purpose to amend law relating to the prevention of cruelty to animals."

Section 2(a) defines "animal" which is usefully extracted as follows:

"2.(a) "animal" means any living creature other than a human being;"

Definition of "animal" is wide enough to include all living creatures including birds other than the human beings.

Section 11 speaks about treating of animals cruelly and punishment for the said act as an offence.

Section 28 of the Act gives exemption for killing of animals in the manner required by the religion of any community.

Section-11 is usefully reproduced as follows:

"11. Treating animals cruelly : (1) If any person

(a) beats, kicks, over-rides, over-drives, over-loads, tortures or otherwise treats any animal so as to subject it to unnecessary pain or suffering or causes, or being the owner permits, any animal to be so treated; or

(b) 13(employs in any work or labour or for any purpose any animal which, by reason of its age or any disease) infirmity; wound, sore or other cause, is unfit to be so employed or, being the owner, permits any such unfit animal to be employed; or

(c) wilfully and unreasonably administers any injurious drug or injurious substance to 14(any animal) or wilfully and unreasonably causes or attempts to cause any such drug or substance to be taken by 15(any animal;) or

(d) conveys or carries, whether in or upon any vehicle or not, any animal in such a manner or position as to subject it to unnecessary pain or suffering; or

(e) ke