Tommy is 26.
He lives alone behind a trailer sales park in upstate New York. His hobbies
include watching cartoons ~ and he is involved in a court case, which has
generated great interest around the globe !
Human evolution is the
evolutionary process leading up to the appearance of modern humans. There have
been many theories confounded on human evolution usually covering the evolution
from primates - the emergence of Homo
sapiens ….. and almost immediately some would spring to ask – ‘If humans evolved
from monkeys, how come there are still monkeys around?’ Perhaps that betrays a fundamental
misunderstanding of evolutionary theory.
In evolution, entire species do
not evolve into new species; new species tend to evolve as isolated offshoots
of existing (parent) species. There is also the theory that humans did not
evolve from apes, gorillas or chimps. The modern species have followed different
evolutionary paths, though humans share a common ancestor with some primates,
such as the African ape.
Primate cognition is the
study of the intellectual and behavioral skills of non-human primates. The
evidence that animals are more intelligent and more social than we thought
seems to grow each year, especially when it comes to primates. It is stated
that baboons can distinguish between written words and gibberish. Monkeys seem
to be able to do multiplication. Apes can delay instant gratification longer
than a human child can. They plan ahead. They make war and peace. They show
empathy. They share.
Giving birth can be a
wonderful, literally life-affirming event. All species reproduce – and care for
their offsprings. But one extraordinary
monkey has taken it to a new level; by acting as a midwife to another monkey in
the act of having a baby. The incident is so rare it has never been recorded
before in detail, or filmed or photographed. It is also remarkable because, in
the natural world, animals are destined to go through such a profound and
difficult moment alone. Female animals usually give birth in private, and in
solitude. Not for them the benefits afforded human mothers; the comfort and
support of others, or their help and possible intervention to ensure all goes
smoothly. This assisted delivery is recorded by a researcher in Peking
University, Beijing while they were researching a troop of white-headed langur
monkeys living wild in China.
Away from this Tommy is 26.
He lives alone behind a trailer sales park in upstate New York. His hobbies
include watching cartoons. He is a chimpanzee who is at the center of one of America's more
curious legal battles. A lawsuit
submitted by a group called the Nonhuman Rights Project (NhRP) seeks to have
Tommy recognised as a person under law. It's a case with potentially radical
implications, challenging as it does human society's very understanding of
rights. For his part, Tommy is blissfully unaware of the legal kerfuffle
surrounding him. He lives behind Circle L Trailer Sales, along Route 30 near
Gloversville, New York. The site is also home to a business called Santa's
Hitching Post that rents out reindeer at Christmas. The quality of his
accommodation is a matter of dispute. A 79-page legal brief submitted by the
NhRP claims that the chimp is kept in a "small, dank, cement cage in a
cavernous dark shed".
Three years ago, according
to the the NhRP, there were four chimpanzees on the site, and not long before
that there were six. They "were primarily used in entertainment", Mr
Wise has said. But now, say the NhRP, Tommy is "all by himself - his only
company being a TV on a table on the opposite wall". Patrick Lavery,
Tommy's owner, has insisted that the chimp is comfortable in this environment. Mr
Laverty, who said he and his wife Diane had kept chimps for decades, added that
Tommy had access to TV, cable and a stereo, and that he enjoyed watching
cartoons. He further denied the cage was
small, insisting it was a spacious $150,000 facility with a door to an outside
area. During the winter Tommy stays indoors in a building heated to 21C (70F),
with the walls painted to resemble a jungle, he added.
Whatever the facts of
Tommy's living conditions, he is now the focal point for one of the more
distinctive cases to be considered by a mid-level state appeals court in
Albany. A panel of five appellate judges heard Mr Wise's petition for a writ of
habeas corpus - a request for a custodian to prove he or she has lawful
authority to detain a prisoner. The NhRP's petition argues that New York law
does not limit legal personhood to human beings. The state has previously
conferred legal personhood status on domestic animals who are the beneficiaries
of trusts, the campaign says, as well as extending rights to non-human entities
such as corporations. The lawsuit does not argue
that chimpanzees are human, but that they are entitled to the rights of
"personhood". The campaigners draw parallels between chimpanzees kept
in captivity - like this one in Dakar - and slavery. The lawsuit refers to an
English case from 1772 that dealt with an American slave named James Somerset,
who escaped from his owner in London. After a plea of habeas corpus was filed,
the court ruled that Mr Somerset was a person rather than a thing and set him
free.
They are calling for the
ageing chimp to be released to live out his days with others of his kind in a
primate sanctuary in Florida. Attorney Steven Wise, of the Nonhuman Rights
Project, argues on behalf of Tommy the chimp before the New York Supreme Court
Appellate Division. The court will decide whether the animal should be declared
a 'person'. Tommy was not in court and nor was his owner. Person is not a
synonym for ‘human being’,” the brief explains, “but designates an entity with
the capacity for legal rights. Should Tommy win his case, it could lead to
broader rights not only for chimps and their fellow primates, but also for
other intelligent animals such as elephants, orcas and dolphins.
With regards – S.
Sampathkumar
17th Oct 2014.