Happy the elephant: the first four-legged person?

WHAT IS A PERSON?

When we hear the word ‘person’, we might intuitively think it’s just another term for ‘human’: your mum, your teacher, your friend – what about an elephant?

HAPPY THE ASIAN ELEPHANT

Happy is a 49-year-old female Asian elephant. She was born in the wild, likely in Thailand, and was sold for $800 to the now-defunct Lion Country Safari, Inc. in California with five other elephant calves. In 1977, all six elephants were relocated to circuses and zoos across the US.

The ironically named Happy was sent to the Bronx Zoo with her sibling Grumpy as part of the Wild Asia Monorail exhibit: here, the elephants were compelled to ‘give rides, participate in tug-of-war contests, and perform tricks’.

Following the euthanasia of Happy’s elephant Bronx companions on the grounds of poor health, she has lived alone since 2006 spending ‘most of her time indoors in a large holding facility lined with elephant cages, which are about twice the length of the animals’ bodies.’

At first glance, Happy’s might appear to be a tragic, albeit legally unremarkable fate. In 2005, however, Happy was the first elephant to pass the mirror self-recognition test, indicating self-awareness – a significant component of some understandings of personhood.

Happy’s positive mirror self-recognition test was thus used as crucial evidence for her lawyer, Steven Wise, to file a petition for a common law writ of habeas corpus. A habeas corpus is a writ demanding a person’s release from unlawful imprisonment. Wise demanded ‘recognition of Happy’s legal personhood and fundamental right to bodily liberty as well as her transfer to an elephant sanctuary.’ This is only the second time in US legal history that a habeas corpus Order has been issued on behalf of a non-human animal and marks the first time in history that the highest court of any English-speaking jurisdiction will hear a habeas corpus case for a non-human.

WHY IS THIS SIGNIFICANT?

If granted, Wise’s petition for habeas corpus would not only allow Happy to live out her senior years in a sanctuary appropriate for a physical and mental needs, but it would also represent the first time in history that a non-human animal would be granted a legal right historically reserved for humans. This would be a landmark victory for animal rights lawyers who argue that animals ought to have the legal right to representation in court.

 

 

 

 

 

KATYA SARGEANT

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