No, they duck that made its way inside of the New York City subway isn't deseprate to live as humans live, nor is it a human who was a real prick in their past lifetime. It's the work of Aflac, who brought it into the subway as part of a marketing campaign.
Things like this tend to upset the MTA. Spokesman Adam Lisberg wasn't amused when he spoke to Gothamist about the stunt:
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Campaigns of this nature tend to upset PETA, as well. The agency was troubled by the decision to "[take] a live duck into a busy New York City subway station," and also voiced their concerns to Gothamist:
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The duck deserves better than this.
[via Gothamist]