Photo via Hilts UK/Flickr
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In another particularly famous case regarding circus animals, the High Court of Kerala confirmed a ban on certain performing animals and asked, “If humans are entitled to fundamental rights, why not animals?” The court responded to its own question by claiming that the denial of rights to animals is an “anachronism." Even India's Supreme Court has weighed in, lending gravity to the notion of compassion presented in Article 51A(g).This isn’t to say that everything is just peachy for animals in India. Large gaps between the law and enforcement absolutely exist, as they do everywhere, and animals on the ground are not doing as well as legal sentiments might suggest. Poaching is a problem as conservationists struggle to keep the tiger population from plummeting. Stray dogs face off against people, often ending in the former’s death. Animal sacrifice happens.But diction matters. Affirmative statements on behalf of animals, enforced or not, change the substance of a conversation. If a country's courts are openly referring to animals having rights, then it shouldn't be all that surprising that such a country would ban the undue suffering inherent in dolphin captivity.By contrast, in the United States the idea of animal rights invokes images of red paint and militant vegans. I could go on for days about why that perception is misinformed, but that’s not the point here. The point is that India has taken steps to better the lives of animals using the law and some very potent language.In a country where cetacean entertainment is so normalized that Shamu vitamins were actually a thing, perhaps we in the US can take a cue from India on how to invoke ideas of rights-holding animals without simultaneously dredging up fears of animals in a voting booth. Cetaceans belong in an ocean, not in a swimming pool, and India has done the right thing by recognizing a dolphin’s right to life trumps our desire to be entertained.If a country's courts are openly referring to animals having rights, then it shouldn't be surprising that it would also ban dolphin captivity.