By Amisha Mittal

Abstract

State-owned zoos and other entities are generally deemed to be under more control, and regulated and are accountable to the citizens of the country and other international forums as compared to private bodies that thrive on autonomy. However, state-owned zoos are not the norm now-a-days, and private zoos have emerged as big players of the controversially unethical zoo industry for some years. In India, since a private authority like Reliance Industries has taken up the mandate to establish supposedly one of the world’s largest zoos that is to inhibit animals from across the world in large numbers, a lot of ethical concerns have come to the fore, especially with respect to their capabilities concerning wildlife conservation and treatment of animals. This piece will analyze the guidelines concerning the establishment of zoos, the treatment of animals in zoos, and the law mandate surrounding them in India and identify the lacunas that exist in such laws. Further, the author will examine how private zoos have fared in the USA vis-à-vis India to come to a viable solution to the problems presented by such zoos in India in the social-ethical and political discourse.

Introduction

The viability and ethical justification behind zoos are surrounded by a heavily debated discourse. In India, Reliance Industries, the Indian multinational company has recently taken up the mandate to establish a private zoo – “The Greens Zoological Rescue and Rehabilitation Kingdom” in Jamnagar, Gujarat, which is claimed to be one of the world’s largest private zoo. The zoo has received approval for its master plan for the establishment of the zoo and the acquisition of animals from India and abroad. It is supposed to be spread across an area of about 300 acres and has also been subject to heavy criticism from many environmentalists and activists among the general public subsequent to the transfer of two black panthers from a state-owned zoo in Assam (a state in India) to the Reliance Zoo for the purpose of display in the zoo premises.

LAW CONCERNING ESTABLISHMENT OF ZOOS AND DISPLAY OF ANIMALS IN INDIA

The Wildlife Protection Act, 1972, which is the primary statutory law that governs wildlife protection in India does not lay down the procedural requirement to be followed by zoos. Its mandate is only limited to defining what exactly a zoo means and the roles and responsibilities to be followed by the Central Zoo Authority (hereinafter referred to as ‘CZA’) which is an independent body like the Securities Exchange Board of India, responsible for regulating the zoos in India while laying down the procedural requirements to be followed for the establishment and functioning of zoos. The poor functioning of zoos along with the ill-treatment of animals has been a concern for various years and has also been recognised by the Supreme Court of India affirming the authority of CZA to govern the zoo establishment and functioning mandate. The same has also been recognised in the Wildlife Protection Act wherein sub-section 1A was introduced under Section 38H of the Act and the same power was conferred to the CZA. Thus, the Central Zoo Authority provides the guidelines for allowance for the establishment of zoos.

While there are a variety of guidelines that a zoo must adhere to before gaining the license of an establishment, the primary guidelines require zoos to follow high standards of housing, healthcare, (including veterinary, vaccination, and isolation services to prevent any infectious diseases in animals), nutrition, availability of potable drinking water and display of animals and the same be presented before the CZA in a detailed project report based on the proposed zoo’s theme and objectives. Zoos are also required to conduct research and development techniques to increase the reproductive potential of animals housed inside them, have proper neonatal care for young animals, provide a naturalistic living environment to the animals, conduct behavioral studies on endangered species as well as act for the conservation of animals and as rescue centers for orphaned wild animals. They must also use innovative methods to display the animals in order to maximize their conservation and aid in their welfare. In Addition to the above, they must also ensure the presence of an adequate amount of quality land in the zoo and the presence of enough trees to act as buffers against noise and air pollution, good sewage, and a drainage system on the zoo premises, etc. Furthermore, every zoo must ensure the availability of water, energy, and financial assistance on a regular basis for the establishment, maintenance, and operation of the zoo. They must also ensure that regular payments are being made to the employees of the zoo that handle the technical work along with ensuring that the required number of qualified and experienced persons to handle the zoo are made available to execute the management plan of the zoo. The license to establish a new zoo is granted only if these conditions are met.

Furthermore, zoos are obligated to not acquire animals from the wild and violate any international convention or domestic law on wildlife conservation. Commercial use of animal produce is also prohibited. Along with laying down basic guidelines, this policy prohibits acts like domestication of animals through physical handling by staff, torture, or provocation of animals for public amusement, etc.  Furthermore, Recognition of Zoo Rules requires the animals to be maintained in groups that display identical or similar social behaviors, enclosures with enough moving space to be made for the animals to be fenced in enough space in order to minimize stress and excitement, removal of waste generated by animals and proper sanitation to be maintained.

TRANSPORT AND EXCHANGE OF ANIMALS IN ZOOS IN INDIA – PUBLIC AND PRIVATE ZOOS

Reliance Industries has received permission from CZA to import around 286 animals of 17 species, including various endangered and threatened species of animals from zoos across the world and domestic zoos in India. Among the Indian citizens, the recent transfer of two black panthers from Assam State Zoo to the RIL private zoo has sparked major controversy. This purportedly took place in exchange for the transfer of four zebras from a zoo in Israel to the Assam Zoo in accordance with a Memorandum of Understanding between the Reliance Zoo in Gujarat and the Israel Zoo. Considering the range of animals being transferred, it is paramount to examine whether the zoo is complying with the procedures necessary for such transfers and acquisitions to take place. Section 38I of The Wildlife Protection Act of 1972 states that the acquisition and transfer of animals may only take place between recognised zoos and only after receiving prior approval from the Central Zoo Authority and that failure to comply with the same might result in rejection for the approval of the establishment of the zoo.

However, these guidelines only provide for an exchange of transfer between public zoos and remain silent on the content of such an act being done inter-privately or between private and public zoos. The same has been the contention of various activists with respect to the transfer of two black panthers from Assam, however, the same was defended on the ground that permission regarding the same had been granted by the CZA which is the overarching authority to handle zoo-related issues in India. The CZA guidelines provide for the provision that the CZA must consider and give proper weight to the donor and recipient zoos’ prior performance when authorizing exchange programmes, with a focus on their success in breeding and the care and maintenance of animals. Considering that the reliance zoo is a newly established private zoo and not yet fully functional and such private parties do not have any experience with breeding and upkeep of animals, such a transfer could be deemed bad on the ground that ‘transfer of animals is permissible only when it is made between recognised zoos’.

LEGALITY OF PRIVATE ZOOS – INDIA V. USA

India and USA both have a central legislation governing animal protection (Animal Welfare Act 1966 in the USA and The Wildlife (Protection) Act 1972 in India). While the USA, like India, also gives paramount importance to wildlife welfare as compared to the UK where zoos are heavily commercialized by private bodies, there are several areas wherein the functioning of zoos in both countries is different.

For instance, the USA does not have a statutory body like the CZA that provides clearance to zoos and regulates them. It derives all its regulations from the Central Act and much stricter state-wise legislations only. Furthermore, while India has specific provisions for different concerns related to animal upkeep, welfare, conservation, and healthcare, etc, laws in the USA are general and not specific in nature (United States Code 7 Chapter 54). Laws in the USA do not cover a wide range of animals while in India all types of animals are included which enlarges the ambit of animals that would be granted protection. Lastly, private zoos have been provided legality in the USA whereas they have not been statutorily recognised in India thus, limiting the regulations that may be applicable to them. Although the discourse around the handling of zoos by private bodies is baffled in controversy, there has been a global preference for the private establishment of zoos owing to the accessibility of wider funds. The same has been the trend in the USA. The Indian Environment Ministry has also replicated such a preference and has shown interest in reviving a wide number of zoos through a Public Private Partnership mode.

IS ESTABLISHMENT OF ZOOS ETHICAL?

The establishment of zoos is founded on the grounds that they conserve animals, provide them with adequate nutrition, healthy living conditions, etc. However, as stressed on by PETA numerous times, it must also be noted that zoos deprive animals of their freedom to roam in their natural habitat at the cost of their display for the amusement of the public. Animals are forced to live in small enclosures which provide almost no real opportunity to study their behavior. Furthermore, enclosed spaces away from natural habitats and lack of privacy aid in developing abnormal behavior in animals wherein they resort to self-destruction patterns and inhibit the zoo disease ‘Zoochosis”.  Furthermore, lack of technical knowledge by zoo animal handlers and technicians results in the ill-treatment of animals to the point of their abuse, malnutrition, and other inconvenience meddling with their natural lifestyle patterns. While zoos can be beneficial in some instances to conserve endangered species and provide adequate nutrition and health care to animals that do not have access to proper nutrition otherwise, the overarching argument remains unfounded and debatable. Therefore, the argument regarding the ethical validity of their establishment is subjective.

Conclusion- Need For Policy Making

As compared to other countries, India has a wide range of laws as well as a regulatory body like CZA available to exercise regulatory jurisdiction over zoos. India has delved into a Public Private Partnership model to revive various public zoos.  Such a model would result in greater involvement of big private corporations and individuals in the establishment of zoological parks and thus, the need for revisiting guidelines and procedures for establishment and handling of zoos and animals by private bodies becomes incumbent. However, it is crucial to make sure that private players do not abuse the resources at their disposal, and that the zoo is not administered by private players to avoid complying with tax rules or Corporate social responsibility duties, among other laws. Thus, it is paramount for private zoos to be recognised under the policy.

The roles to be fulfilled by such private zoos and procedures and compliances for their establishment and functioning must all be delineated as a matter of an updated legislation. It is important for India to legalize private zoos and include them in the central legislation in order to streamline the law and bring out uniformity to ensure that private bodies and individuals do not utilize the lacunas in law and their autonomy to escape the regulatory framework in order to commercialize the zoo establishment or avoid their social responsibility. New private zoos will undoubtedly spring up as a result of Reliance Industries’ decision to open a zoo. It is crucial in this situation to take action to regulate private zoos to ensure that the fundamental requirements for keeping animals in captivity are upheld, that no animals are mistreated or tortured for amusement, and that efforts are made to conserve and develop wildlife.

Link for image – https://www.pexels.com/photo/photo-of-leopard-inside-the-cage-811486/

Credit – Pexels 

About The Author 

The piece is authored by Amisha Mittal. Amisha is a final-year student at Jindal Global Law School. Her interest areas lie in Intellectual property and Competition law.