Happy The Elephant Is Not Legally A Person, New York Court Rules

• News Home
• More from Lifestyle

Wednesday, 15 June 2022 09:28

By Dominic Kureen @WriteOnDom

• Share on Facebook
• Share on Messenger
• Share on Messenger
• Share on X

She has four limbs, expressive eyes and likes to stroll through greenery in New York city - but Happy the elephant cannot be considered a person, a court has ruled.

Happy, an elephant born in the wild in Asia in the early 1970s, was captured as a one-year-old in the early 1970s and brought to the US.

She has lived at the Bronx Zoo in New York for 45 years.

Campaigners at the Nonhuman Rights Project argue that Happy was worthy of the right to be considered a person and is therefore being illegally confined at the zoo.

The zoo maintains that she is neither illegally imprisoned nor a person.

The question of whether basic human rights can be extended to an animal was put to New York's highest court, which ruled that Happy cannot be considered a person being illegally confined to the zoo.

Extending the right to Happy to challenge her confinement at a zoo "would have an enormous destabilising impact on modern society" and granting legal personhood would affect how humans interact with animals, according to the majority decision by the state's Court of Appeals.

The decision affirms a lower court ruling and means the elephant will not be released to a more spacious sanctuary.

It read:

"Indeed, followed to its logical conclusion, such a determination would call into question the very premises underlying pet ownership, the use of service animals, and the enlistment of animals in other forms of work."

Two of the seven appeals judges, Rowan Wilson and Jenny Rivera, wrote separate, sharply worded dissents saying the fact that Happy is an animal does not prevent her from having legal rights.

Ms Rivera wrote that Happy is being held in "an environment that is unnatural to her and that does not allow her to live her life".

She added:

"Her captivity is inherently unjust and inhumane. It is an affront to a civilised society, and every day she remains a captive - a spectacle for humans - we, too, are diminished."

The zoo and its supporters warned that a win for campaigners at the Nonhuman Rights Project could open the door to more legal actions on behalf of animals, including pets, farm animals and other species in zoos.

More from Lifestyle

• Our Five Favourite Twists In Cinema

  While many films leave a lasting impression with their compelling characters and breath-taking visuals, it's the unexpected twists that truly elevate the cinematic experience. From jaw-dropping revelations to mind-bending plot turns, here's five of our favourites:

• Five Incredible Desserts From Around The World

  From delicate pastries to indulgent cakes, desserts come in countless varieties, each reflecting the unique flavours and traditions of its place of origin. Let's embark on a delectable journey around the world to explore five incredible desserts that are sure to tantalize your senses:

• Lighten the Technology Overload

  In this fast-paced technological world it's easy to feel intimidated and over-whelmed. So we sent James Forryan to speak to Richard Long of Absolute Solutions about keeping up to date and protected in the cyber world

• Bucket List Travel Experiences

  Many of us dream of the opportunity to tick off travel experiences that are on our wish list, here Lisa de Silva explores ideas to help create and refine the perfect trip of a lifetime

• Our Five Favourite Time-Travel Movies

  From altering the course of history to exploring the consequences of our actions, time travel films offer a unique blend of science fiction, adventure, and philosophical exploration. While there are countless movies that delve into the intricacies of time travel, here are five of the best that have stood the test of time and continue to mesmerize audiences around the world: