New York's top court will determine whether Happy, a 47-year-old Asian elephant living at the Bronx Zoo, is being held illegally.
The Nonhuman Rights Project (NhRP), a non-profit civil rights organization that protects the legal personality of great apes, elephants, dolphins and whales, filed a petition against the zoo in 2018 "seeking recognition of the legal personality of Happy and the fundamental right to bodily freedom and release, "CNN reports.
NhRP argues that at the Bronx Zoo, Happy is kept the same as in isolation, which they say is particularly cruel given that elephants are highly social creatures that move through large areas of nature. The organization is asking Happy to move to a place worthy of elephants, where they say there would be more space as well as be in contact with other elephants.
The zoo argued the opposite. Happy has contact with another elephant and is cared for by people like "well-trained large animal veterinarians and animal handlers who treat Happy with respect and kindness". They point out that the zoo is certified and Happy, like all zoo animals, is protected by the Animal Welfare Act.
One of NhRP's lawyers says the organization is seeking a very specific decision. Currently, the legal world "has no place for the distinction between elephant and caterpillar. Right now, Happy has the same rights as an ant." According to NhRP, Happy "is more like a human being for the right to bodily freedom", noting that the decision would not necessarily open the door for other animals like dogs or cattle to gain human rights.
According to NhRP, elephants "share many complex cognitive abilities with humans, such as consciousness, sensitivity, death awareness, intentional communication, learning, memory, and categorizing skills," which makes them uniquely deserve the right for habeas corpus - a legal aid through which a person, or an animal in this case, can report detention or unlawful detention.
