Indian Zoos – An Uncharted Territory

By Varun Garg

India is a mysterious place where animals are worshipped while sacrificed to deities at the same time. It is appalling seeing that even though we have moved from a barbaric to a civilised society, we still treat animals as human property and use them as per our conveyance in inhumane manners. In this regard, the term ‘speciesism’ has been coined to connote the belief that being human is a good enough reason to have greater rights over animals.[1] There have been numerous instances when this inhumanity to animals was brought before the Indian Courts, such as the landmark cases of NR Nair v. UOI, Animal Welfare Board of India v. A.Nagaraja and many more. However, none of these instances relates to zoological gardens (‘zoos’).

Zoos as we understand them today was first set in Indian at Thiruvananthapuram Zoo in 1857.[2] While it is agreed that there has been a tangible transformation in how zoos are built, i.e. from museum-like structures to compact habitable enclosures.[3] This transformation is not enough to justify the establishment of zoos. This piece examines the jurisprudence revolving around zoos and challenges the existing justification for zoo establishment.

The Unchartered Territory

The Wildlife (Protection) Act, 1972 (‘WPA’) defines a zoo as an establishment where animals are kept for exhibition for the public but does not include a licensed dealer in captive animals.[4] Section 38A-H of the Act provides for establishing the Central Zoo Authority (‘CZN’). CZN is the nodal body that recognises, regulates and provides guidelines for other zoos. It lays down guidelines for cage size, vet care facilities, minimum standards for captivity, exchange and loaning of animals, etc.[5] Further, section 38C(e) provides that CZN shall co-ordinate the acquisition, exchange and loaning of animals for breeding purposes. The Prevention of Cruelty to Animals Act, 1960 (‘PCA’), further prohibits the infliction of unnecessary pain or suffering on animals.[6] India is also a party to CITES since 1976, which prohibits the exploitation of animals.

In pursuance of such legislations, the Indian Supreme Court, while ruling on the legality of Jallikattu, held that every animal has the right to life under Article 21, and life means much more than mere existence.[7] The Delhi HC has also held that animals have a right to be treated with compassion, respect and dignity.[8][9] However, the rights of animals in captivity are constantly ignored. WPA was enacted to ensure environmental and ecological security.[10] Regardless, animals suffer at zoos every day as they have to undergo human contact and live in zoos that cannot replicate their natural habitat. Even though having attained right to life, words like loaning and exchange in the WPA makes one wonder whether animals have the right to life? As discussed later, the Delhi Zoo does not even have the bare minimum facilities for animals. CZN has failed to suspend recognition and cancel the license of zoos functioning in a manner prejudicial to animals. However, Indian jurisprudence has never confronted these inhumane conditions of zoos.  Thus, the jurisprudence of zoos in India is largely unchartered.

The Abysmal Condition In Zoos: Are Zoos Any Different From Circuses?

Rob Nixon, an environmental law scholar, coined the term ‘slow violence’, which means violence that occurs “gradually and out of sight in intimate spaces”.[11] The Delhi zoo, rechristened to be the “model zoo” for the nation, is witnessing innumerable irregularities ranging from unrecorded and suspicious deaths of animals, administrative breakdown, and alleged illegal trafficking of animals.[12] While hearing a PIL on this matter, Delhi HC upheld the claims and ordered the census under police protection as the zoo staff were blocking the census team from entering the zoo.[13] Besides this, numerous zoos have are witnessing similar irregularities with an increasing number of mysterious deaths,[14] use of expired medicines, and declaring critically ailing animals as dead even though they were alive and died subsequently.[15]

If compared with circuses, more than 45 countries have banned wild animals in circuses. In NR Nair, while deciding on the use of animals in circuses, the Indian Supreme Court banned certain animals from circuses as circuses were declared to be inherently cruel to animals and inflict unnecessary harm.[16] Surprisingly, Section 27 of PCA exempts zoos from the provisions that regulate the training and exhibition of animals. Indian Ministry of Environment and Forests[17] and Courts[18] have recognised certain animals as non-human persons, indicating they possess compassion and intelligence. Studies reveal that members of the Great Ape family, Cetaceans and Elephants, have attained theory of mind and self-awareness, making them humans’ closest relatives.[19] Like humans, animal’s environment has a significant effect on their characteristics.[20] When an elephant dies, they engage in intense mourning and burial rituals conducting weeklong vigils over the body.[21] Similar studies on farm animals, including sheep, goats, cows, pigs, hens, portray similar deep human-like emotions.[22] They desire to stay with their family and peers in their natural habitat.

Captive animals are separated from their families at a young age.[23] Being confined in small cages for most of their lives prevents them from exercising their most natural things like running, climbing, flying and being with their peers. Alongside, animals are kept inappropriately, whereby prey animals are housed near predators, causing distress among both animals. Whereas, in some places, animals are isolated individually away from all animals.[24] These animals suffer from behavioural abnormalities, loneliness and frustration and exhibit neurotic problems like bar biting, head-bobbing, eating and playing with fences, and repetitive pacing.[25] These signs are viewed as the presence of psychological distress damaging their mental health.  PETA India details 20 prominent zoos that indulge in animal abuse and lack basic zoo amenities to shelter animals in extreme weather.[26] If compared to the COVID-19 outbreak, quarantined individuals reported a sharp increase in mental health issues, including anxiety, depression and emotional exhaustion.[27] Animals isolated in cages have to go through this for their entire lifetime.

Apart from these psychological repercussions, it also drastically impacts the life expectancy of animals. Zoos usually display attractive young animals to lure the crowd, whereas zoo management trades or sells old animals. A study found that African elephants in zoos only had a life span of 17 years, whereas elephants in the natural habitat lived for up to 56 years.[28] In 2018, a penguin born in captivity in India died barely a week after birth.[29] One of the main reasons for the death was the environment in which it was born, i.e. outside its natural habitat. If we look outside India, polar animals are kept in zoos of tropical countries. Dubai Aquarium & Underwater Zoo is one of the most celebrated animal captivity, where animals are kept in small dark places, which is a bit colder but still hot for their natural habitat.[30]

Thus, just like circuses, animals in zoos are made to behave against their natural behaviour. Caging them takes away their autonomy and making them merely the property of the Zoo authorities. These places inflict unnecessary harm on animals by confining them in small cages with abysmal conditions. These are the same reasons due to which animals were banned from circuses in India. However, zoo animals continue to suffer.

Justification For Establishing Zoos

Indian Courts have come the closest to examining the legality of zoos in the NR Nair case, which examined the legality of using wild animals in zoos. The Court justified the establishment of zoos on two grounds, which is also provided in Section 27 of PCA.[31] First, zoos serve an educational purpose by investigating biology and creating awareness about conservation issues. Second, in a world beset habitat loss and climate change, zoos help conserve endangered species.[32] The most significant danger of captivity is the falsity of this narrative. Through the analysis below, I show that these justifications have become obsolete in contemporary times.

A. Educational Purpose

Justifying the captivity of animals for educational needs means viewing the situation from an anthropocentric view, relegating the status of animals to things. As shown above, animals possess intrinsic value. Pursuant to this, many HCs have held that every species has a distinct legal personality, and their rights should be respected.[33] Courts[34] and governments[35] worldwide also recognise that animals deserve legal protection, and have the right to grow, live, and die in their natural habitat. However, the SC in Nagaraja held that these rights could be curtailed in instances of necessity and presence of a rational connection with the objective.[36] Thus, there should be no less restrictive alternative and keeping animals in captivity should further the goal intended.

While there are limited studies that suggest that zoos serve an educational purpose.[37] These studies either admit the lack of well-founded research or have been subsequently discredited due to methodological fallacies.[38] In contrast, recent studies show zoos create animal stereotypes as zoo visitors view animals as objects of entertainment rather than conservation,[39] and lead to attitudes of human superiority and indifference.[40] It entrenches the belief that animals do not have privacy or freedom to live their own lives. Some even argue that children benefit from zoos. However, studies show that 65% of children show no positive learning outcomes.[41] Further, a visitor spends around one minute at an enclosure, and most visitors do not read the labels that are supposed to impart information. [42]

With the advent of technology, many alternatives to learning about animals have emerged. In zoos, animals are outside their natural environment. Seeing a documentary shot in the wild with dramatic close-ups is a better resource for understanding animals and are much more informative.[43] This reasoning was backed by Islamabad Wildlife Management Board, where the Islamabad HC opposed the establishment of zoo and stated that “Technology has brought far better and more informative opportunities to observe and learn about animal species.”[44] Thus, keeping these animals in iron cages for educational purposes is unethical and goes against the rights guaranteed under the constitution. Thus, due to the lack of sufficient studies and the presence of less restrictive alternatives, we cannot conclude that zoos comply with the exception laid down in Nagaraja.

B. Species Conservation

The National Zoo Policy, 1998 recognise the role played by zoos in Ex-situ conservation, i.e. captive breeding. However, actions motivated by care can often lead to harm through the application of force. Ex-situ conservation is not prudent as captive animals become dependent on humans for receiving meals and find it difficult to survive in their natural habitat. They also find it difficult to communicate with their peers and do not get the chance to develop survival and hunting skills that cannot be taught in captivity.[45] There is lack of mating pool for animals, giving rise to stillbirths and infant mortality. Thus, these animals are seldom re-introduced into the wild and subjected to captivity for their entire life.[46]

This same concern was brought before the Bombay HC in PETA v. Mumbai Mahanagarpalika. However, the Court refrained from making any observation and ruled that zoos were necessary to increase empathy for animals.[47] Surprisingly, most animals kept in zoos are neither members of threatened or endangered species.[48] Thus it is unjustified to keep non-endangered species captive, and the question of conservation does not arise. Studies in the USA show that zoo spends more than 97% of their budget on building high-tech exhibits and increasing the aesthetics. Only a marginal amount is allocated for conservation efforts.[49]

While there may be scattered successful examples of species being saved by breeding in captivity. The question arises if there are better alternatives to conserving species. Zoos require highly demanding labour conditions, especially in cases of animal rehabilitation, captive breeding and wildlife management.[50] Under Chapters IV and IV(B), the WPAprovides sanctuaries and national parks the duty to conserve animal species. Sanctuaries are the habitat of animals, providing them better opportunities to grow and develop in their natural environment.[51] It also rules out the problem of re-introducing the animals into the wild, making it a better alternative for species conservation. Therefore, the second reasoning provided by NR Nair also falls shorts of Nagaraja exceptions. 

High Time For Zoos To Be Shut Down

In the past, conservation activities used to be carried of far-off lands in rural areas.[52] However, zoos are now set-up in the middle of cities. Thus, we first disturb the ecosystem by clearing huge chunks of land to expand cities and then creating space for animals in the middle of the ‘concrete jungle’. Not only oxymoronic, but in recent years this has also increased man-made animal-human conflicts. In 2014, a white tiger killed a man who fell in the tiger’s enclosure in Delhi.[53] Similarly, in 2016, Cincinnati Zoo shot down Harambe, an endangered gorilla, because a child fell into the gorilla’s enclosure.[54] Based on the above analysis, zoos are acting in detriment to the intended aim. The current scenario of zoos shows the lack of transparency, and there is a need to revamp the present system.

The most impactful action which can be taken is if people stop patronising zoos, as this would cut their primary source of income, forcing them to shut down. There should also be more sanctuaries, where animals stay in their natural habitat and allow visitors to observe animals from a distance. Alongside, the Indian SC has extended the meaning of Article 21 to include right to sleep, right to privacy, live in a decent environment and much more. Therefore, we need to question that since animals also have right to life under Article 21, they are also entitled to these extended rights, and keeping them in captivity is a clear violation of these rights. Even if we assume that zoos have some positive impact, we need to question how justified it is to keep animals in complete isolation forever. Therefore, unless we start asking these questions, the animals will continue being caged as artefacts in zoos.

The author, Varun Garg, is an undergraduate law student at the West Bengal National University of Juridical Sciences (NUJS), Kolkata.

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[4] The Wild Life (Protection) Act, 1972, §2(39).

[5] Central Zoo Authority, Guidelines for Establishment & Scientific Management of Zoos in India (2008).

[6] The Prevention of Cruelty to Animals Act, 1960, Preamble.

[7] Animal Welfare Board of India v. A. Nagaraja, (2014) 7 SCC 547, ¶62.

[8] Maya D Chablani v. Radha Mittal, 2021 SCC OnLine Del 3599, ¶124.

[9] People for Animals v. MdMohazzim, 2015 SCC OnLine Del 9508, ¶5.

[10] The Wild Life (Protection) Act, 1972, Objective.

[11] R Nixon, Slow Violence and the Environmentalism of the Poor 58 (2011).

[12]SanyaDhingra, Delhi Zoo is now a Den of Death – a Result of Politics, Apathy and Corruption, June 1, 2019, available at https://theprint.in/india/delhi-zoo-is-now-a-den-of-death-a-result-of-politics-apathy-and-corruption/243228/ (Last visited on August 17, 2021).

[13]Id.

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[17] Ministry of Environment, Forest and Climate Change, Circulat F. No. 20-1/2010-CZA(M) (Issued on May 17, 2013).

[18]Karnail Singh v. State of Haryana, 2019 SCC OnLine P&H 704, ¶76.

[19] Tania Rice, Letting the Apes Run the Zoo: Using Tort Law to Provide Animals with Legal Voice, 40(4) Pepperdine Law Review 1136 (2013).

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[31] NR Nair v. Union of India, AIR 2000 Ker 340, ¶6.

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[33]Karnail Singh v. State of Haryana, 2019 SCC OnLine P&H 704, ¶93; Narayan Dutt Bhatt v. UOI, 2018 SCC OnLineUtt 645, ¶98; Compassion Unlimited Plus Action v. State Of Karnataka, Criminal Petition No.5344/2020.

[34] The Non-Human Rights Project v. J James, 2015 WL 5125507 [2015]; AFADA about the Chimpanzee “Cecilia”- Non Human Individual, File No. P-72.254/15 (Argentina); Luis Armando TolosaVillabona, AHC4806-2017, Republic of Colombia.

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[36]Animal Welfare Board of India v. A. Nagaraja, (2014) 7 SCC 547, ¶41.

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[44]Islamabad Wildlife Management Board v. Metropolitan Corporation Islamabad, W.P. No.1155/2019, p.53.

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[53]FirstPost, White Tiger Kills Youth at Delhi zoo: Here’s What Really Happened, September 24, 2014, available at https://www.firstpost.com/living/white-tiger-kills-youth-at-delhi-zoo-heres-what-really-happened-1727251.html (Last visited on August 17, 2021).

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