PIL seeks that state send back remaining penguins

Mumbai: A lawyers’ group has filed a Public Interest Litigation (PIL) in the Bombay high court, requesting the court to direct the state government to send back the Humboldt penguins — brought by the Brihanmumbai Municipal Corporation (BMC) — to where they came from. The BMC had sourced eight penguins from a South Korean aquarium last year, and these were kept at the Veermata Jijabai Bhosale Udyan, also known as Byculla zoo. One of these penguins died last October.

Though one of the lawyers had approached the court seeking liberty to withdraw the PIL and file a fresh petition due to some technical reasons, the petitioners now feel that the technical obstruction doesn’t seem to exist and thus want to pursue the original PIL.

Advocates Advait Sethna, Ruju Thakkar, Kayomars Kerawalla and Avisha Jhaveri have filed the PIL contending that the Supreme Court, in its order passed on the issue of Jalikattu (an ancient bull taming blood sport), has said that the right to life is not restricted only to humans but is also extended to animals. Thus, keeping the eight Humboldt penguins in Mumbai, which is not their natural habitat, would pose a risk to their lives and they should hence be sent back to where they were brought from, the PIL said.

According to the petitioners, the condition in which the penguins are kept is absolutely pathetic. The petitioners have claimed that Jijamata Udya, commonly known as Rani Baug, does not have the necessary facilities required for these kinds of birds, which are rare or exotic species.

Since one penguin has already died, the petitioners have prayed that the rest of the birds be sent back because they are not being kept in their natural habitat. The petitioners have claimed that the artificially made enclosure for these penguins does not meet the standards laid down by the Zoo Authority, which is the apex body for all zoos in India and is responsible for the quality of life of zoo animals.

The petitioners also prayed that till the time these penguins are sent back, steps should be taken to ensure that they are kept in a proper environment, as outlined by the Supreme Court in the Jalikattu matter, which talks about what animals’ well-being means.