Happy: The unhappy elephant won't be released from the Bronx Zoo

A court ruled that she is not human and will have to remain locked up in the Bronx Zoo after 14 years in captivity

He is about to end up run over, his mother saves him

For years he has been fighting to free the elephant Happy from his long imprisonment in the Bronx Zoo, but unfortunately the poor animal will still have to remain locked up there. The Nonhuman Rights Project animal rights group has lost the appeal to free Happy.

He had urged the court to recognize the elephant of the Bronx zoo as a person but in recent days an American appeals court has announced the ruling that Happy is not a "human being" and therefore cannot be considered a prisoner, using the same laws reserved for people.

The Nonhuman Rights Project has asked the First Department, Division of Appeals to grant freedom to the 49-year-old Asian pachyderm with an "act of habeas corpus" - a legal concept used to determine whether imprisoning a prisoner or a detainee is legal.

The group wants Happy to be released in a Tennessee sanctuary as the cold winter months approach, but sadly, at least for now, Happy will have to stay at the Bronx Zoo.

"The act of habeas corpus is limited to human beings," according to the ruling. "A judicial determination that species other than homo sapiens are 'people' for some legal purposes, and therefore have certain rights, would lead to a maze of questions that common law trials are not equipped to answer," the decision continues. .

Contrary to what his name seems to suggest, Happy is far from happy as he has been locked up in the zoo for 14 years. For the organization, his living conditions are comparable to those in an isolation cell.

But the zoo defended itself and made it known:

“Today, the Bronx Zoo won again in the courts. So did common sense. “The NHRP tried to transfer Happy to a sanctuary, a request they made without knowing anything about her unique personality and behavioral traits and having no understanding or consideration of what's best for her as an individual. Despite what NhRP says, Happy is not kept in solitary confinement. Right now, the vets, keepers and curators of the Bronx Zoo believe it is best for Happy and the other elephant in the zoo, Patty, to stay in a familiar environment and allow them to interact with each other and with the people they both know ”.

The association does not give up and intends to go to the Court of Appeal, the highest court in the state.

"The question of whether a non-human animal has a fundamental right to freedom protected by the habeas corpus act is profound and far-reaching," said Steven Wise, founder and president of the group. "It's about our relationship with all of life around us."

One thing is certain: Happy won't be able to leave the zoo, at least for now.

Sources of reference: New York Court, WCS, Nonhumanrights